IP/N/1/AUS/C/12  
 
18 June 2013  
(13-3150)  Page: 1/62  
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 Dividend 
and Other Measures) Act 2011, No. 36, 2011 - An Act to amend the Broadcasting Services 
Act 1992 , 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° 36 de 2011 portant modification de la 
législation relative à la radiodiffusion (dividende numérique et autres mesures) – Modification de la 
Loi de 1992 sur les services de 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 2011 que modifica la legislación 
relativa a la radiodifusión (dividendo digital y otras medidas), Nº 36, 2011 - Ley para modificar la 
Ley de 1992 de Servicios de 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/12 
 
- 2 - 
 
  PP 3-62 - Offset (Pdf file attached) 
PP 3 à 62 - Offset (fichier Pdf joint) PP 3-62 - Offset (fichero Pdf adjunto)   
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) 
 
 
 
 
 
 
 
 
Broadcasting Legislation Amendment 
(Digital Dividend and Other Measures) 
Act 2011 
 
No. 36, 2011 
 
 
 
 
 
An Act to amend the Broadcasting Services Act 
1992 , and for other purposes 
   
   
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 3 -ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 4 - 
 
i       Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 Contents 
1 Short title ...........................................................................................  1 
2 Commencement .................................................................................  2 
3
 Schedule(s) ........................................................................................ 2 
Schedule 1—Digital dividend  3 
Broadcasting Services Act 1992  3 
Radiocommunications Act 1992  15 
Schedule 2—Other amendments  25 
Australian Communications and Media Authority Act 2005  25 
Broadcasting Services Act 1992  25 
Copyright Act 1968  49 
Radiocommunications Act 1992  49 
Schedule 3—Transitional provisions  50 
Part 1—Designation of licence areas  50 
Part 2—Digital television conversion schemes etc.  51 
Part 3—Other matters  54 
 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 5 -ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 6 - 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011       1 
 
 
 
Broadcasting Legislation Amendment 
(Digital Dividend and Other Measures) 
Act 2011 
No. 36, 2011 
  
 
An Act  to amend the Broadcasting Services Act 
1992 , and for other purposes  
[Assented to 26 May 2011 ] 
The Parliament of Australia enacts:  
1  Short title 
  This Act may be cited as the Broadcasting Legislation Amendment 
(Digital Dividend and Other Measures) Act 2011. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 7 -   
   
 
 
2            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 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)  Commencement  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 A ssent.  26 May 2011  
2.  Schedules  1, 2 
and 3  The day after this Act receives the Royal 
Assent.  27 May 2011  
Note:  This table relates only to the provisions of this Act as originally 
enacted. It will not be amended to deal with any later amendments of 
this Act. 
 (2) Any information in column 3 of the table is not part of this Act. 
Information may be inserted in this column, or information in it 
may be edited, in any published version of this Act. 
3  Schedule(s) 
  Each Act that is specified in a Schedule to this Act is amended or 
repealed as set out in the applicable items in the Schedule 
concerned, and any other item in a Schedule to this Act has effect 
according to its terms. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 8 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            3  
Schedule 1— Digital dividend 
   
Broadcasting Services Act 1992  
1  Subsection 6(1) (definition of broadcasting services bands ) 
Repeal the definition, substitute: 
broadcasting services bands  means: 
 (a) that part of the radiofrequency spectrum that is designated 
under subsection 31(1) of the Radiocommunications Act 1992 
as being primarily for broadcasting purposes; and 
 (b) that part of the radiofrequency spectrum that is designated 
under subsection 31(1A) of the Radiocommunications Act 
1992 as being partly for the purpose of digital radio 
broadcasting services and restricted datacasting services. 
2  Subsection 6(1) 
Insert: 
designated re-stack day  has the meaning given by subsection 
26(1K). 
3  Subsection 6(1) 
Insert: 
licence area plan  means a licence area plan prepared under 
subsection 26(1) or (1B). 
4  Subsection 6(1) 
Insert: 
television licence area plan  means a licence area plan prepared 
under subsection 26(1B). 
5  Subsection 26(1A) 
After “plan” (first occurring), insert “ prepared under subsection ( 1)”. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 9 -Schedule 1   Digital dividend  
   
 
 
4            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 6  After subsection 26(1A) 
Insert: 
Television licence area plans 
 (1B) The ACMA may, by legislative instrument, prepare licence area 
plans that: 
 (a) specify the channels that, under the relevant frequency 
allotment plan, are to be available in particular areas of 
Australia to provide the following services: 
 (i) commercial television broadcasting services; 
 (ii) national television broadcasting services; 
 (iii) other television broadcasting services; 
  with the use of the broadcasting services bands; and 
 (b) allot, or empower the ACMA to allot, those channels to: 
 (i) particular commercial television broadcasting licensees; 
or 
 (ii) particular national broadcasters; or 
 (iii) particular providers of television broadcasting services 
(other than commercial television broadcasting licensees 
or national broadcasters); 
  as the case requires; and 
 (c) determine the characteristics, including technical 
specifications, of the transmission of each of the following 
services: 
 (i) commercial television broadcasting services; 
 (ii) national television broadcasting services; 
 (iii) other television broadcasting services; 
  using those channels; and 
 (d) determine, or empower the ACMA to determine, any 
technical limitations on the use of a particular channel that 
the ACMA considers should be applicable; and 
 (e) determine, or empower the ACMA to determine, whether the 
use of a particular channel depends on any event or 
circumstances that the ACMA considers should be 
applicable. 
 (1C) A licence area plan prepared under subsection (1B) is to be known 
as
 a television licence area plan . 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 10 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            5  (1D) A television licence area plan may allot, or empower the ACMA to 
allot, different channels to: 
 (a) a particular commercial television broadcasting licensee; or 
 (b) a particular national broadcaster; or 
 (c) a particular provider of a television broadcasting service 
(other than a commercial television broadcasting licensee or 
a national broadcaster); 
for different periods. 
 (1E) A television licence area plan may allot, or empower the ACMA to 
allot, 2 or more channels to: 
 (a) a particular commercial television broadcasting licensee; or 
 (b) a particular national broadcaster; or 
 (c) a particular provider of a television broadcasting service 
(other than a commercial television broadcasting licensee or 
a national broadcaster). 
 (1F) A television licence area plan must be consistent with the relevant 
frequency allotment plan. 
 (1G) A television licence area plan does not need to identify a particular 
television broadcasting service by name. 
 (1H) When the television licence area plan for a particular area comes 
into force: 
 (a) subsection (1) ceases to apply to: 
 (i) commercial television broadcasting services; and 
 (ii) national television broadcasting services; and 
 (iii) other television broadcasting services; 
  provided in the area; and 
 (b) if: 
 (i) immediately before the television licence area plan 
came into force, a licence area plan (the existing licence 
area plan) prepared under subsection (1) was in force 
for the area; and 
 (ii) the existing licence area plan relates wholly to television 
broadcasting services; 
  the existing licence area plan ceases to have effect; and 
 (c) if: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 11 -Schedule 1   Digital dividend  
   
 
 
6            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (i) immediately before the television licence area plan 
came into force, a licence area plan (the existing licence 
area plan) prepared under subsection (1) was in force 
for the area; and 
 (ii) the existing licence area plan relates partly to television 
broadcasting services and partly to other broadcasting 
services; 
  the existing licence area plan ceases to have effect to the 
extent to which it relates to television broadcasting services. 
 (1J) The television licence area plan for an area that is the licence area 
of a commercial television broadcasting licence must: 
 (a) not come into force before the end of the simulcast period, or 
the simulcast-equivalent period, for the area; and 
 (b) come into force before the designated re-stack day for the 
area. 
 (1K) For the purposes of this Act, the designated re-stack day  for an 
area is: 
 (a) 31 December 2014; or 
 (b) if the Minister, by writing, specifies a later day for the area —
that later day. 
 (1L) The Minister must not specify a day under paragraph (1K)(b) 
unless the Minister is satisfied that a failure to specify the day 
would be likely to result in significant difficulties of a technical or 
engineering nature for: 
 (a) a commercial television broadcasting licensee; or 
 (b) a national broadcaster; or 
 (c) a provider of a television broadcasting service (other than a 
commercial television broadcasting licensee or a national 
broadcaster). 
 (1M) Sections 23 and 27 have effect as if a function or power conferred 
on the ACMA by a television licence area plan were a function 
conferred on the ACMA by this section. 
Note: The following heading to subsection 26(2) is inserted “Variation ”. 
7  At the end of section 26 
Add: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 12 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            7 Planning criteria —before designated re-stack day 
 (7) Paragraphs 23(a) and (b) do not apply in relation to: 
 (
a) the preparation of a television licence area plan for a 
particular area; or 
 (b) the variation of a television licence area plan for a particular 
area; or  
 (c) the performance of a function, or the exercise of a power, by 
the ACMA under a television licence area plan for a 
particular area; 
before the designated re-stack day for the area. 
Note: For designated re-stack day , see subsection 26(1K). 
Ministerial direction 
 (8) The Minister may, by legislative instrument, direct the ACMA 
about the exercise of its powers to make or vary a television 
licence area plan for a particular area. 
 (9) The ACMA must comply with a direction under subsection (8).  
 (10) Subsections (8) and (9) cease to have effect in relation to a 
particular area at the start of the designated re-stack day for the 
area. 
Legislative instruments 
 (11) If a determination made by the ACMA under a television licence 
ar
ea plan is in writing, the determination is not a legislativ e 
instrument. 
 (12) An instrument under paragraph (1K)(b) is not a legislative 
instrument. 
Definitions 
 (13) In this section: 
national television broadcasting service  has the same meaning as 
in Schedule 4. 
simulcast-equivalent period  has the same meaning as in 
Schedule 4. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 13 -Schedule 1   Digital dividend  
   
 
 
8            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 simulcast period  has the same meaning as in Schedule 4. 
television broadcasting service means a broadcasting service that 
provides television programs. 
Note: For designation of licence areas, see section 29. 
8  Subsection 26A(2) 
Repeal the subsection. 
9  Subsection 26A(3) 
Insert: 
relevant licence area plan  means the relevant licence area plan 
prepared under subsection 26(1). 
10  After section 26A 
Insert: 
26AA  Compliance with television licence area plan 
 (1) If: 
 (a) a television licence area plan is applicable to the transmission 
of one or more commercial television broadcasting services 
in a particular area; and 
 (b) those services are provided under a particular commercial 
television broadcasting licence; 
the licensee must not transmit any of those commercial television 
broadcasting services in that area otherwise than in accordance 
with the television licence area plan. 
 (2) If: 
 (a) a television licence area plan is applicable to the transmission 
of one or more national television broadcasting services in a 
particular area; and 
 (b) those services are provided by a particular national 
broadcaster; 
the national broadcaster must not transmit any of those national 
television broadcasting services in that area otherwise than in 
accordance with the television licence area plan. 
 (3) If: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 14 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            9  (a) a television licence area plan is applicable to the transmission 
of one or more television broadcasting services in a particular 
area; and 
 (b) those services are not provided: 
 (i) under a commercial television broadcasting licence; or 
 (ii) by a national broadcaster; 
the provider of those television broadcasting services must not 
transmit any of those services in that area otherwise than in 
accordance with the television licence area plan. 
 (4) In this section: 
national television broadcasting service  has the same meaning as 
in Schedule 4. 
television broadcasting service means a broadcasting service that 
provides television programs. 
11  Subsection 26B(2) 
Repeal the subsection. 
12  Subsection 26B(3) 
Insert: 
licence area plan  means a licence area plan prepared under 
subsection 26(1). 
13  After subsection 27(1) 
Insert: 
Consultation —decisions relating to television licence area plans 
 (1A) Subsection (1) does not apply to: 
 (a) the preparation of a television licence area plan for a 
particular area; or 
 (b) the variation of a television licence area plan for a particular 
area; or  
 (c) the performance of a function, or the exercise of a power, by 
the ACMA under a television licence area plan for a 
particular are a; or 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 15 -Schedule 1   Digital dividend  
   
 
 
10            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (d) the variation of a frequency allotment plan, to the extent that 
the variation: 
 (i) relates to the determination of the number of channels 
that are to be available in a particular area to provide 
television broadcasting services; and 
 (ii) was made in connection with the preparation or 
variation of a television licence area plan for the area; 
before the designated re-stack day for the area. 
Note: For designated re-stack day , see subsection 26(1K). 
 (1B) If, before the designated re-stack day for a particular area, the 
ACMA takes any of the following actions: 
 (a) the ACMA prepares a television licence area plan for the 
area; 
 (b) the ACMA varies a television licence area plan for the area; 
 (c) the ACMA performs a function, or exercises a power, under 
a television licence area plan for the area; 
 (d) the ACMA varies a frequency allotment plan, to the extent 
that the variation: 
 (i) relates to the determination of the number of channels 
that are to be available in the area to provide television 
broadcasting services; and 
 (ii) was made in connection with the preparation or 
variation of a television licence area plan for the area; 
the ACMA must, in taking the relevant action, make provision for 
consultation with: 
 (e) commercial television broadcasting licensees who are likely 
to be affected by the preparation or variation of the plan; and 
 (f) national broadcasters; and 
 (g) community television broadcasting licensees who are likely 
to be affected by the preparation or variation of the plan; and 
 (h) such other persons (if any) as the ACMA considers 
appropriate. 
Note: For designated re-stack day , see subsection 26(1K). 
Note: The following heading to subsection 27(2) is inserted “ Record-keeping requirements ”. 
14  Subsection 29(1) 
Omit “section 26” , substitute “whichever of subsection 26(1) or (1B) is 
applicable ”. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 16 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            11 15  Section 205PA 
After: 
• The Federal Court may grant injunctions in relation to 
contraventions of subsection 121FG(3) or section 136A, 
136B, 136C, 136D or 136E or subclause 49(3) of Schedule 6 
(which deal with the provision of unlicensed services). 
insert: 
• The Federal Court may also grant injunctions in relation to 
contraventions of section 26AA (which deals with television 
licence area plans). 
16  Section 205Q 
Before “61AH ”, insert “26AA, ”. 
17  At the end of subclause 7(1) of Schedule 2 
Add: 
 ; (s) if a television licence area plan applies to the licence area —
the licensee will comply with subsection 26AA(1). 
18  At the end of subclause 9(1) of Schedule 2 
Add: 
 ; (k) if a television licence area plan applies to the licence area —
the licensee will comply with subsection 26AA(3). 
19  Paragraph 6(3)(ha) of Schedule 4 
Repeal the paragraph, substitute: 
 (ha) the objective that, if the television licence area plan for a 
licence area comes into force immediately after the end of the 
simulcast period for that area, each holder of a commercial 
television broadcasting licence for that area is to transmit the 
commercial television broadcasting service concerned in 
digital mode in that area after the end of the simulcast period 
using such channel or channels as are allotted under the 
television licence area plan for that area; 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 17 -Schedule 1   Digital dividend  
   
 
 
12            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (hb) the objective that, if the television licence area plan for a 
licence area does not come into force immediately after the 
end of the simulcast period for that area, each holder of a 
commercial television broadcasting licence for that area is to 
transmit the commercial television broadcasting service 
concerned in digital mode in that area during the period: 
 (i) beginning at the end of the simulcast period; and 
 (ii) ending immediately before the television licence area 
plan comes into force; 
  using such channel or channels as the ACMA allots under the 
scheme or a digital channel plan, having regard to: 
 (iii) the need to plan the most efficient use of the spectrum; 
and 
 (iv) the other relevant policy objectives of the scheme; 
 (hc) the objective that, if the television licence area plan for a 
licence area does not come into force immediately after the 
end of the simulcast period for that area, each holder of a 
commercial television broadcasting licence for that area is to 
transmit the commercial television broadcasting service 
concerned in digital mode in that area after the television 
licence area plan comes into force using such channel or 
channels as are allotted under the television licence area plan 
for that area; 
20  Paragraphs 6(5A)(e) and (5AA)(e) of Schedule 4 
Omit “and (ha) ”, substitute “, (ha), (hb) and (hc) ”. 
21  At the end of subclause 6(5B) of Schedule 4 
Add: 
 ; (c) the objective that, if the television licence area plan for that 
area comes into force immediately after the end of the 
simulcast period for the licence area, the holder is to transmit 
the commercial television broadcasting services provided 
under the commercial television broadcasting licences 
referred to in whichever of paragraph (5A)(a) or (5AA)(a) is 
applicable in digital mode in that area after the end of the 
simulcast period using multi-channelling transmission 
capacity of a channel or channels allotted under the television 
licence area plan for the licence area; 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 18 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            13  (d) the objective that, if the television licence area plan for the 
licence area does not come into force immediately after the 
end of the simulcast period for the licence area, the holder is 
to transmit the commercial television broadcasting services 
provided under the commercial television broadcasting 
licences referred to in whichever of paragraph (5A)(a) or 
(5AA)(a) is applicable in digital mode in that area during the 
period: 
 (i) beginning at the end of the simulcast period; and 
 (ii) ending immediately before the television licence area 
plan comes into force; 
  using multi-channelling transmission capacity of a channel or 
channels allotted by the ACMA under the scheme or a digital 
channel plan, having regard to: 
 (iii) the need to plan the most efficient use of the spectrum; 
and 
 (iv) the other relevant policy objectives of the scheme; 
 (e) the objective that, if the television licence area plan for the 
licence area does not come into force immediately after the 
end of the simulcast period for the licence area, the holder is 
to transmit the commercial television broadcasting services 
provided under the commercial television broadcasting 
licences referred to in whichever of paragraph (5A)(a) or 
(5AA)(a) is applicable in digital mode in that area after the 
television licence area plan comes into force using 
multi-channelling transmission capacity of a channel or 
channels allotted under the television licence area plan for 
that area. 
22  Subclause 6(5D) of Schedule 4 
Omit “(3)(ha) and (n) ”, substitute “(3)(hb) and (n) and (5B)(d) ”. 
23  After clause 7A of Schedule 4 
Insert: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 19 -Schedule 1   Digital dividend  
   
 
 
14            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 7AA  Allotment of channels after the television licence area plan 
comes into force 
 (1) A digital channel plan, to the extent to which it relates to a 
particular licence area, ceases to have effect when the television 
licence area plan for that area comes into force. 
 (2) The commercial television conversion scheme, to the extent to 
which it allots channels for a particular licence area, ceases to have 
effect when the television licence area plan for that area comes into 
force. 
24  Subclause 8(4) of Schedule 4 
Repeal the subclause. 
25  Paragraph 19(3)(ha) of Schedule 4 
Repeal the paragraph, substitute: 
 (ha) the objective that, if the television licence area plan for the 
licence area that corresponds to a coverage area comes into 
force immediately after the end of the simulcast period for 
that coverage area, each national broadcaster is to transmit 
the national television broadcasting service concerned in 
digital mode in that coverage area after the end of the 
simulcast period using such channel or channels as are 
allotted under the television licence area plan for that licence 
area; 
 (hb) the objective that, if the television licence area plan for the 
licence area that corresponds to a coverage area does not 
come into force immediately after the end of the simulcast 
per
iod for that coverage area, each national broadcaster is to 
transmit the national television broadcasting service 
concerned in digital mode in that coverage area during the 
period: 
 (i) beginning at the end of the simulcast period; and 
 (ii) ending immediately before the television licence area 
plan comes into force; 
  using such channel or channels as the ACMA allots under the 
scheme or a digital channel plan, having regard to: 
 (iii) the need to plan the most efficient use of the spectrum; 
and 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 20 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            15  (iv) the other relevant policy objectives of the scheme; 
 (hc) the objective that, if the television licence area plan for the 
licence area that corresponds to a coverage area does not 
come into force immediately after the end of the simulcast 
period for that coverage area, each national broadcaster is to 
transmit the national television broadcasting service 
concerned in digital mode in that coverage area after the 
television licence area plan comes into force using such 
channel or channels as are allotted under the television 
licence area plan for that licence area; 
26  Subclause 19(5A) of Schedule 4 
Omit “(3)(ha) ”, substitute “(3)(hb) ”. 
27  After clause 22A of Schedule 4 
Insert: 
22AA  Allotment of channels after the television licence area plan 
comes into force 
 (1) A digital channel plan, to the extent to which it relates to a 
particular coverage area, ceases to have effect when the television 
licence area plan for the licence area that corresponds to the 
coverage area comes into force. 
 (2) The national television conversion scheme, to the extent to which it 
allots channels for a particular coverage area, ceases to have effect 
when the television licence area plan for the licence area that 
corresponds to the coverage area comes into force. 
28  Subclause 23(4) of Schedule 4 
Repeal the subclause. 
Radiocommunications Act 1992  
29  Section 5 
Insert: 
BSA coverage area  means coverage area within the meaning of 
Schedule 4 to the Broadcasting Services Act 1992 . 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 21 -Schedule 1   Digital dividend  
   
 
 
16            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 30  Section 5 
Insert: 
BSA television licence area plan  means a television licence area 
plan within the meaning of the Broadcasting Services Act 1992 . 
31  After subsection 31(1) 
Insert: 
 (1AA) The Minister may, by written instrument, vary a subsection (1) 
designation so as to enlarge or reduce the part of the spectrum 
covered by the designation. 
32  After subsection 31(1B) 
Insert: 
 (1BA) The Minister may, by written instrument, vary a subsection (1A) 
designation so as to enlarge or reduce the part of the spectrum 
covered by the designation. 
33  Subsection 31(7) 
After “(1),”, insert “(1AA), ”. 
34  Subsection 31(7) 
After “(1A), ”, insert “(1BA), ”. 
35  After subsection 32(2) 
Insert: 
 (2A) The rule in subsection (2) does not apply if: 
 (a) a direction is in force under section 14 of the Australian 
Communications and Media Authority Act 2005 ; and 
 (b) the direction requires the ACMA, when performing its 
spectrum management functions, to act in accordance with 
particular policy objectives that are expressed to be digital 
dividend policy objectives; and 
 (c) the ACMA is satisfied that the inconsistency would be likely 
to facilitate any or all of those objectives. 
36  After subsection 100(3A) 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 22 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            17 Insert: 
 (3AA) Subsection (2) does not prevent the ACMA from issuing an NBS 
transmitter licence that authorises the operation of one or more 
transmitters for transmitting one or more national broadcasting 
services that are covered by a licence area plan in for ce under 
section 26 of the Broadcasting Services Act 1992 . 
37  Subsection 100(5) 
After “ section ”, insert “100B, 102A, ”. 
38  After section 100 
Insert: 
100AA  NBS transmitter licences —authorised channels 
 (1) If: 
 (a) an NBS transmitter licence was issued under section 100; and 
 (b) the licence is in force immediately before the end of the 
simulcast period, or the simulcast-equivalent period, for a 
BSA coverage area; and 
 (c) the licence authorises the operation of one or more 
radiocommunications transmitters for transmitting one or 
more national television broadcasting services in that 
coverage area; 
then, after the end of that period, the licence authorises the 
operation of the transmitter or transmitters concerned for 
transmitting those services in digital mode in that BSA coverage 
area using the channel or channels allotted to the national 
broadcaster concerned under: 
 (d) if a BSA television licence area plan is in force for the BSA 
television licence area that corresponds to that BSA coverage 
area—the BSA television licence area plan; or 
 (e) otherwise —the national television conversion scheme or a 
digital channel plan. 
 (2) If: 
 (a) an NBS transmitter licence is issued under section 100 when 
a BSA television licence area plan for the BSA television 
licence area that corresponds to a coverage area is in force; 
and 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 23 -Schedule 1   Digital dividend  
   
 
 
18            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (b) the licence authorises the operation of one or more 
radiocommunications transmitters for transmitting one or 
more national television broadcasting services in digital 
mode in that coverage area; 
the licence authorises the operation of the transmitter or 
transmitters concerned for transmitting those services in digital 
mode in that area using the channel or channels allotted to the 
national broadcaster concerned under the BSA television licence 
area plan for that BSA television licence area. 
 (3) If: 
 (a) an NBS transmitter licence is issued under section 100 when 
no BSA television licence area plan for the BSA television 
licence area that corresponds to a coverage area is in force; 
and 
 (b) subsection (1) does not apply; and 
 (c) the licence authorises the operation of one or more 
radiocommunications transmitters for transmitting one or 
more national television broadcasting services in digital 
mode in that coverage area; 
the licence authorises the operation of the transmitter or 
transmitters concerned for transmitting those services in digital 
mode in that area using the channel or channels allotted to the 
national broadcaster concerned under the national television 
conversion scheme or a digital channel plan. 
 (4) In this section: 
BSA television licence area means a BSA licence area for a 
commercial television broadcasting licence.  
digital channel plan  means a digital channel plan covered by 
clause 22A of Schedule 4 to the Broadcasting Services Act 1992 . 
national television broadcasting service  means a national 
broadcasting service that provides television programs. 
national television conversion scheme  has the same meaning as in 
Schedule 4 to the Broadcasting Services Act 1992 . 
NBS transmitter licence  means a transmitter licence for a 
transmitter that is for use for transmitting, to the public, a national 
broadcasting service. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 24 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            19 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 . 
39  After subsection 100B(2B) 
Insert: 
 (2C) If: 
 (a) an NBS transmitter licence issued under this section is in 
force immediately before the end of the simulcast period, or 
the simulcast-equivalent period, for a BSA coverage area; 
and 
 (b) the licence authorised the operation of one or more 
radiocommunications transmitters for transmitting one or 
more national television broadcasting services in digital 
mode in that area; 
the licence is cancelled at the end of that period. 
40  Subsection 100B(3) 
Insert: 
simulcast-equivalent period  has the same meaning as in 
Schedule 4 to the Broadcasting Services Act 1992 . 
41  Subsection 100B(3) 
Insert: 
simulcast period  has the same meaning as in Schedule 4 to the 
Broadcasting Services Act 1992 . 
42  At the end of section 102A 
Add: 
 (6) If: 
 (a) a transmitter licence issued under this section is in force 
immediately before the end of the simulcast period, or the 
simulcast-equivalent period, for a BSA licence area; and 
 (b) the licence authorised the operation of one or more 
radiocommunications transmitters for transmitting one or 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 25 -Schedule 1   Digital dividend  
   
 
 
20            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 more commercial television broadcasting services in digital 
mode in that area; 
the licence is cancelled at the end of that period. 
 (7) In this section: 
commercial television broadcasting service  means a commercial 
broadcasting service that provides television programs. 
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 . 
43  Subsection 102AC(1) 
Repeal the subsection, substitute: 
 (1) If: 
 (a) a transmitter licence issued under section 102 was in force 
immediately before the end of whichever of the following 
periods is applicable to the licence area of a commercial 
television broadcasting licence (the related licence ): 
 (i) the simulcast period for the licence area; 
 (ii) the simulcast-equivalent period for the licence area; and 
 (b) the transmitter licence is held by the licensee of the related 
licence; and 
 (c) immediately before the end of the applicable period, the 
transmitter licence authorised the operation of one or more 
radiocommunications transmitters for transmitting one or 
more commercial television broadcasting services in 
accordance with the related licence; 
then, after the end of the applicable period, the transmitter licence 
authorises the operation of the transmitter or transmitters 
concerned for transmitting: 
 (d) one or more HDTV multi-channelled commercial television 
broadcasting services; and 
 (e) one or more SDTV multi-channelled commercial television 
broadcasting services; 
in accordance with the related licence, using: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 26 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            21  (f) if a BSA television licence area plan is in force for the 
licence area —the channel or channels allotted to the licensee 
of the related licence under the BSA television licence area 
plan; or 
 (g) otherwise —the channel or channels allotted to the licensee of 
the related licence under the commercial television 
conversion scheme or a digital channel plan. 
Note: The heading to section 102AC is altered by inserting “issued before the end of the 
simulcast period etc. ” after “licences ”. 
44  Subsection 102AC(2) 
Insert: 
commercial television conversion scheme  has the same meaning 
as in Schedule 4 to the Broadcasting Services Act 1992 . 
45  Subsection 102AC(2) 
Insert: 
digital channel plan  means a digital channel plan covered by 
clause 7A of Schedule 4 to the Broadcasting Services Act 1992 . 
46  After section 102AC  
Insert: 
102AD  Transmitter licences issued after the end of the simulcast 
period etc. —authorised channels 
 (1) If: 
 (a) a transmitter licence is issued under section 102 after the end 
of whichever of the following periods is applicable to the 
licence area of a commercial television broadcasting licence 
(the related licence ): 
 (i) the simulcast period for the licence area; 
 (ii) the simulcast-equivalent period for the licence area; and 
 (b) the transmitter licence is held by the licensee of the related 
licence; and 
 (c) the transmitter licence authorises the operation of one or 
more radiocommunications transmitters for transmitting one 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 27 -Schedule 1   Digital dividend  
   
 
 
22            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 or more commercial television broadcasting services in 
accordance with the related licence; 
the transmitter licence authorises the operation of the transmitter or 
transmitters concerned for transmitting those services in digital 
mode in accordance with the related licence, using: 
 (d) if a BSA television licence area plan is in force for the 
licence area —the channel or channels allotted to the licensee 
of
 the related licence under the BSA television licence area 
plan; or 
 (e) otherwise —the channel or channels allotted to the licensee of 
the related licence under the commercial television 
conversion scheme or a digital channel plan. 
 (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. 
commercial television conversion scheme  has the same meaning 
as in Schedule 4 to the Broadcasting Services Act 1992 . 
digital channel plan  means a digital channel plan covered by 
clause 7A of Schedule 4 to the Broadcasting Services Act 1992 . 
47  Paragraph 109(1)( d) 
Omit “a condition ”, substitute “if subsection 26(1) of the Broadcasting 
Services Act 1992  applies —a condition ”. 
48  Paragraph 109(1)(d) 
Omit “by the ACMA under subsection 26(1) of the Broadcasting 
Services Act 1992 ”, substitute “by the ACMA under that subsection ”. 
49  After paragraph 109(1)(d) 
Insert: 
 (da) if a BSA television licence area plan is applicable to the 
transmission of one or more television broadcasting services 
under the authority of the licence—a condition that the 
licensee, and any person so authorised, must not operate, or 
permit operation of, such a transmitter otherwise than in 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 28 -Digital dividend  Schedule 1  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            23 accordance with any relevant technical specifications 
determined under the plan; 
50  At the end of section 109 
Add: 
 (3) In this section: 
television broadcasting service  has the same meaning as in 
section 26 of the Broadcasting Services Act 1992 . 
51  At the end of subsection 153H(1) 
Add: 
 ; and (c) the licence is not: 
 (i) an NBS transmitter licence; or 
 (ii) a transmitter licence issued under section 101B; or 
 (iii) a transmitter licence issued under section 101C; or 
 (iv) a transmitter licence issued under section 102. 
52  After paragraph 153P(2)(da) 
Insert: 
 (db) both: 
 (i) the licence is a transmitter licence that authorises the 
operation of one or more radiocommunications 
transmitters for transmitting one or more broadcasting 
services (within the meaning of the Broadcasting 
Services Act 1992 ) in digital mode in a BSA licence 
area; and 
 (ii) the transmitter licence is issued during the interim 
period worked out in relation to the BSA licence area 
under subsection (4); or 
53  At the end of section 153P 
Add: 
 (4) For the purposes of the application of paragraph (2)(db) to a BSA 
licence area, the interim period  is the period: 
 (a) beginning at the commencement of this subsection; and 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 29 -Schedule 1   Digital dividend  
   
 
 
24            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (b) ending at the start of the designated re-stack day (within the 
meaning of the Broadcasting Services Act 1992 ) for the BSA 
licence area. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 30 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            25  
Schedule 2— Other amendments 
   
Australian Communications and Media Authority Act 2005  
1  Paragraph 53(2)(k) 
After “notice under ”, insert “Part 9C of that Act or”. 
Broadcasting Services Act 1992  
2  Subsection 6(1) (definition of scheme administrator ) 
Repeal the definition, substitute: 
scheme administrator : 
 (a) in relation to a conditional access scheme for the South 
Eastern Australia TV3 licence area or the Northern Australia 
TV3 licence area —has the meaning given by subsection 
130ZB(8); or 
 (b) in relation to a conditional access scheme for the Western 
Australia TV3 licence area—has the meaning given by 
subsection 130ZBB(9 ). 
3  After subsection 41B(1A) 
Insert: 
 (1B) Subsection (1) does not apply to a remote area licence. 
4  After subsection 41B(2A) 
Insert: 
 (2AA) Subsection (2) does not apply to a remote area licence. 
5  After subsection 41B(2D) 
Insert: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 31 -Schedule 2   Other amendments  
   
 
 
26            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 Remote area licences in force immediately before 1 January 2009 
 (2DA) If a remote area licence for a licence area was in force immediately 
before 1 January 2009, the remote area licence is taken to authorise 
the licensee to provide the following services in the licence area: 
 (a) the core commercial television broadcasting service; 
 (b) 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. 
Remote area licences allocated on or after 1 January 2009 
 (2DB) If a remote area 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 remote area 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. 
6  Subsection 41B(4) 
Insert: 
remote area licence  means a commercial television broadcasting 
licence for a remote licence area (within the meaning of 
Schedule 4). 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 32 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            27 7  After subsection 43AA(3A) 
Insert: 
 (3AA) Subsection (1) does not require a licensee to provide a program to 
the licensee of a section 38C licence before the start date for the 
licence area of the section 38C licence. 
8  Subsection 43AA(7) 
Insert: 
start date , in relation to the licence area of a section 38C licence, 
has the same meaning as in Division 2 of Part 3 of Schedule 2. 
9  A
fter subsection 43AC(3) 
Insert: 
Start date 
 (3A) Subsection (2) does not require a licensee to provide a program to 
the licensee of a section 38C licence before the start date for the 
licence area of the section 38C licence. 
10  Subsection 43AC(5) 
Insert: 
start date , in relation to the licence area of a section 38C licence, 
has the same meaning as in Division 2 of Part 3 of Schedule 2. 
11
  At the end of subsection 130ZB(1) 
Add: 
  for: 
 (a) the South Eastern Australia TV3 licence area; or 
 (b) the Northern Australia TV3 licence area. 
Note: The heading to section 130ZB is altered by adding at the end “—South Eastern 
Australia TV3 licence area and Northern Australia TV3 licence area ”. 
12  At the end of paragraph 130ZB(5)(b) 
Add “or”. 
13  After paragraph 130ZB(5)(b) 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 33 -Schedule 2   Other amendments  
   
 
 
28            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 Insert: 
 (c)  a declared service-deficient area; 
14  Subsection 130ZB(9) 
After “category C reception area ”, insert “(but not in a declared 
service-deficient area) ”. 
15  After paragraph 130ZB(10)(a) 
Insert: 
 (aa) is not in a declared service-deficient area; and 
16  After subsection 130ZB(13) 
Insert: 
 (13A) For the purposes of subsection (13), if: 
 (a) at a particular time, a reception certificate was issued to a 
person; and 
 (b) after that time, the person has not moved to new premises; 
t
he person is taken to be eligible for the reception certificate. 
17  After subsection 130ZB(15) 
Insert: 
 (15A) The 12th objective is that, if: 
 (a) at a particular time, a person was in a category B reception 
area; and 
 (b) at that time, a conditional access system that relates to any of 
the commercial television broadcasting services provided 
under the section 38C licence enabled the person to receive 
those commercial television broadcasting services; and 
 (c) after that time: 
 (i) the person ceases to be in the category B reception area; 
and 
 (ii) the person has not moved to new premises; 
the conditional access system must enable the person to receive 
those commercial television broadcasting services. 
 (15B) The 13th objective is that, if: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 34 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            29  (a) at a particular time, a person was in a declared 
servi ce-deficient area; and 
 (b) at that time, a conditional access system that relates to any of 
the commercial television broadcasting services provided 
under the section 38C licence enabled the person to receive 
those commercial television broadcasting services; and 
 (c) after that time: 
 (i) the person ceases to be in the declared service-deficient 
area; and 
 (ii) the person has not moved to new premises; 
the conditional access system must enable the person to receive 
those commercial television broadcasting services. 
18  Subsection 130ZB(16) (paragraph (b) of the definition of 
related terrestrial licence area ) 
Omit “38C(1); or ”, substitute “38C(1). ”. 
19  Subsection 130ZB(16) (paragraph (c) of the definition of 
related terrestrial licence area ) 
Repeal the paragraph. 
20  Subsection 130ZB(16) (notes 1 and 2 after the definition of 
simulcast period ) 
Repeal the notes. 
21  Subsection 130ZB(16) (after the definition of terrestrial 
licence area ) 
Insert: 
Note 1: For adequate reception , see section 130ZFA. 
Note 2: For applicable terrestrial digital commercial television broadcasting 
services , see section 130ZG. 
Note 3: For declared service-deficient area , see section 130ZH. 
22  After section 130ZB 
Insert: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 35 -Schedule 2   Other amendments  
   
 
 
30            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 130ZBB  Objectives of conditional access scheme —Western 
Australia TV3 licence area 
Scope 
 (1) This section applies to a commercial television broadcasting 
licence allocated under section 38C for the Western Australia TV3 
l
icence area. 
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, subject to paragraph (c ), 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, subject to paragraph ( c) of this 
subsection, taken in to be in a category A reception area; and 
 (c) the scheme should provide that a person in a category D 
reception area is taken not to be in a category A reception 
area. 
Note: For category D reception area , see subsection (8). 
 (4) The second objective is that the scheme should: 
 (a) specify one or more areas included in the Perth TV1 licence 
area; or 
 (b) specify a method for ascertaining one or more areas included 
in the Perth TV1 licence area; 
that are taken to be areas ( category B reception  areas ) in which 
people are unable to receive adequate reception of all of the 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 36 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            31 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; or 
 (c)  a declared service-deficient area; 
to receive those commercial television broadcasting services. 
 (6) Subsection (5) has effect subject to subsections (18) and (19 ). 
 (7) The fourth objective is that the scheme should provide that so 
much of the section 38C licence area as  is not: 
 (a) a category A reception area; or 
 (b) a category B reception area; or 
 (c) a category D reception area; 
is a category C reception area . 
Note: For category D reception area , see subsection (8). 
 (8) The fifth objective is that the scheme should: 
 (a) specify one or more related terrestrial sub-areas; or 
 (b) specify a method for ascertaining one or more related 
terrestrial sub-areas; 
each of which is taken to be an area ( a category D reception area ) 
in which people will, after the end of the simulcast period, or the 
simulcast-equivalent period, as the case may be, for the related 
t
errestrial licence area in which the related terrestrial sub-area is 
i
ncluded, be able to receive adequate reception of all the applicable 
terrestrial digital commercial television broadcasting servi ces. 
 (9) The sixth 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 formulated by the ACMA —identify the 
ACMA; 
as the scheme administrator  for the scheme. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 37 -Schedule 2   Other amendments  
   
 
 
32            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (10) The seventh objective is that the scheme must authorise the scheme 
administrator to issue a certificate (a reception certificate ) to: 
 (a) a person in a category C reception area (but not in a declared 
service-deficient area); or 
 (b) a person in a category D reception area (but not in a declared 
service-deficient area); 
stating that the person is unable to receive adequate reception of all 
of the applicable terrestrial digital commercial television 
broadcasting services. 
 (11) The eighth 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 a person who: 
 (a) is in: 
 (i) a category C reception area; or 
 (ii) a category D reception area; and 
 (b) is not in a declared service-deficient area; and 
 (c) holds a reception certificate; 
to receive those commercial television broadcasting services. 
 (12) Subsection (10) has effect subject to subsections (18) and (19 ). 
 (13) The ninth objective is that, if an application for a reception 
certificate is made in accordance with 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). 
 (14) The tenth objective is that, if: 
 (a) a person is in a category D reception area; and 
 (b) the category D reception area is included in a related 
terrestrial licence area; 
the scheme must not allow the person to apply for a reception 
certificate before the earlier of the following: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 38 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            33  (c) the start of the designated digital service day for the category 
D reception area; 
 (d) the end of the simulcast period, or the simulcast-equivalent 
period, as the case may be, for the related terrestrial licence 
area. 
Note: For designated digital service day , see subsection (15). 
 (15) The 11th objective is that, if: 
 (
a) a category D reception area is included in a related terrestrial 
licence area; and 
 (b) a particular day (the relevant day ) occurs during the 
simulcast period, or the simulcast-equivalent period, as the 
case may be, for the related terrestrial licence area; and 
 (c) the relevant day is the first day on which all of the 
core/primary commercial television broadcasting services 
that are authorised to be provided in the category D reception 
area are being: 
 (i) provided in the category D reception area; and 
 (ii) transmitted in digital mode; 
then: 
 (d) the scheme must provide that the relevant day is the 
designated digital service day  for the category D reception 
area; and 
 (e) the scheme must require the scheme administrator: 
 (i) to give the ACMA a written notice informing the 
ACMA that the relevant day is the designated digital 
service day for the category D reception area; and 
 (ii) to do so as soon as practicable after the relevant day. 
Note: The ACMA must maintain a Register in which the ACMA includes 
any designated digital service days, see section 130ZEA. 
 (16) The 12th 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. 
 (17) For the purposes of subsection (16), if: 
 (a) at a particular time, a reception certificate was issued to a 
person; and 
 (b) after that time, the person has not moved to new premises; 
the person is taken to be eligible for the reception certificate. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 39 -Schedule 2   Other amendments  
   
 
 
34            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (18) The 13th objective is that, if persons are: 
 (a) in a local market area; and 
 (b) not in a category A reception area; and 
 (c) not in a category D 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. 
 (19) The 14th 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; and 
 (d) not in a category D 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. 
 (20) The 15th objective is that, if: 
 (a) at a particular time, a person was in a category B reception 
area; and 
 (b) at that time, a conditional access system that relates to any of 
the commercial television broadcasting services provided 
under the section 38C licence enabled the person to receive 
those commercial television broadcasting services; and 
 (c) after that time: 
 (i) the person ceases to be in the category B reception area; 
and 
 (ii) the person has not moved to new premises; 
the conditional access system must enable the person to receive 
those commercial television broadcasting services. 
 (21) The 16th objective is that, if: 
 (a) at a particular time, a person was in a declared 
service-deficient area; and 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 40 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            35  (b) at that time, a conditional access system that relates to any of 
the commercial television broadcasting services provided 
under the section 38C licence enabled the person to receive 
those commercial television broadcasting services; and 
 (c) after that time: 
 (i) the person ceases to be in the declared service-deficient 
area; and 
 (ii) the person has not moved to new premises; 
the conditional access system must enable the person to receive 
those commercial television broadcasting services. 
 (22) 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. 
related terrestrial licence area  means a terrestrial licence area 
mentioned in column 3 of item 3 of the table in subsection 38C(1). 
related terrestrial sub-area  means an area included in a related 
terrestrial licence area. 
simulcast area  means an area covered by paragraph 6(3)(c) of 
Schedule 4. 
simulcast period  has the same meaning as in Schedule 4. 
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. 
Note 1: For adequate reception , see section 130ZFA. 
Note 2: For applicable terrestrial digital commercial television broadcasting 
services , see section 130ZG. 
Note 3: For declared service-deficient area , see section 130ZH. 
23  Subparagraph 130ZC(1)(d)(iii) 
After “this section ”, insert “or section 130ZCA ”. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 41 -Schedule 2   Other amendments  
   
 
 
36            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 24  Subsection 130ZC(1) (note) 
Repeal the note. 
25  Subsection 130ZC(1)(da) 
Repeal the paragraph, substitute: 
 (da) the ACMA is satisfied that: 
 (i) if the scheme is for the South Eastern Australia TV3 
licence area or the Northern Australia TV3 licence 
area—the scheme complies with section 130ZB; or 
 (ii) if the scheme is for the Western Australia TV3 licence 
area—the scheme complies with section 130ZBB; and 
26  Paragraph 130ZCAA(1)(e) 
Repeal the paragraph, substitute: 
 (e) the ACMA is not satisfied that: 
 (i) if the new scheme is for the South Eastern Australia 
TV3 licence area or the Northern Australia TV3 licence 
area—the new scheme complies with section 130ZB; or 
 (ii) if the new scheme is for the Western Australia TV3 
licence area —the scheme complies with 
section 130ZBB; and 
27  Paragraph 130ZCAB(1)(a) 
After “130ZC ”, insert “or 130ZCA ”. 
28  Paragraph 130ZCAB(1)(b) 
Repeal the paragraph, substitute: 
 (b) if the scheme is registered under section 130ZC — the ACMA 
is satisfied that: 
 (i) if the scheme is for the South Eastern Australia TV3 
licence area or the Northern Australia TV3 licence 
area—the scheme is not achieving one or more of the 
objectives set out in section 130ZB; or 
 (ii) if the scheme is for the Western Australia TV3 licence 
area—the scheme is not achieving one or more of the 
objectives set out in section 130ZBB. 
29  Subsection 130ZCAB(2) 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 42 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            37 Omit “the body or association that developed the scheme ”, substitute 
“the appropriate body or association ”. 
30  Subparagraph 130ZCAB(2)(a)(i) 
After “130ZC ”, insert “or 130ZCA ”. 
31  After subsection 130ZCAB(2) 
Insert: 
 (2A) For the purposes of subsection (2), the appropriate body or 
association  is: 
 (a) if the scheme is registered under section 130ZC —the body or 
association that developed the scheme; or 
 (b) if the scheme is registered under section 130ZCA — a body or 
organisation that the ACMA is satisfied represents 
commercial television broadcasting licensees. 
32  Paragraph 130ZCA(3)(a) 
Repeal the paragraph, substitute: 
 (a) the ACMA is satisfied that: 
 (i) if the scheme is for the South Eastern Australia TV3 
licence area or the Northern Australia TV3 licence 
area—the scheme complies with section 130ZB; or 
 (ii) if the scheme is for the Western Australia TV3 licence 
area—the scheme complies with section 130ZBB; and 
33  Subsection 130ZCA(7) 
Repeal the subsection. 
34   After section 130ZE 
Insert: 
130ZEA  ACMA to maintain register of designated digital service 
days 
 (1) The ACMA is to maintain a Register in which the ACMA includes 
any designated digital service days (within the meaning of 
section 130ZBB) for category D reception areas (within the 
meaning of that section). 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 43 -Schedule 2   Other amendments  
   
 
 
38            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (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. 
35  Paragraph 130ZF(1)(b) 
Repeal the paragraph, substitute: 
 (b) either: 
 (i) a person is in a category C reception area (within the 
meaning of the scheme), but is not in a declared 
service-deficient area; or 
 (ii) if the scheme is for the Western Australia TV3 licence 
area—a person is in a category D reception area (within 
the meaning of the scheme), but is not in a declared 
service-deficient area; and 
36  At the end of subsection 130ZF(13) 
Add “if the revocation is on the ground that the holder of the reception 
certificate is no longer eligible for the reception certificate”.  
37  At the end of Part 9C 
Add: 
130ZH  Declared service-deficient areas 
Declaration 
 (1) If: 
 (a) the ACMA is satisfied that the number of applicable 
terrestrial digital commercial television broadcasting services 
provided to persons in a particular area (the relevant area ) is 
less than the number of commercial television broadcasting 
services required by clauses 7B and 7C of Schedule 2 to be 
provided under a commercial television broadcasting licence 
allocated under section 38C; and 
 (b) the relevant area is included in a terrestrial licence area; and 
 (c) the terrestrial licence area is wholly or partly included in the 
licence area of the section 38C licence; 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 44 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            39 the ACMA must, by legislative instrument, declare that the 
relevant area is a declared service-deficient area  for the purposes 
of this Part. 
 (2) The ACMA must not make a declaration under subsection (1) in 
relation to an area if: 
 (a) part of the area is included in a local market area; and 
 (b) the remainder of the area is outside the local market area. 
 (3) The ACMA must not make a declaration under subsection (1) in 
relation to an area (the relevant area ) before: 
 (a) if: 
 (i) the relevant area is included in a local market area; and 
 (ii) the local market area became a digital-only local market 
area before the commencement of this section; 
  the end of the 9-month period beginning when the local 
market area became a digital-only local market area; or 
 (b) if: 
 (i) the relevant area is included in a local market area; and 
 (ii) the local market area becomes a digital-only local 
market area after the commencement of this section; 
  the end of the 3-month period beginning when the local 
market area becomes a digital-only local market area; or 
 (c) if: 
 (i) the relevant area is included in a terrestrial licence area; 
and 
 (ii) the relevant area is not included in a local market area; 
and 
 (iii) the simulcast period, or the simulcast-equivalent period, 
as the case may be, for the terrestrial licence area ended 
before the commencement of this section; 
  the end of the 9-month period beginning when the simulcast 
period, or the simulcast-equivalent period, as the case may 
be, for the terrestrial licence area ended; or 
 (d) if: 
 (i) the relevant area is included in a terrestrial licence area; 
and 
 (ii) the relevant area is not included in a local market area; 
and 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 45 -Schedule 2   Other amendments  
   
 
 
40            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (iii) the simulcast period, or the simulcast-equivalent period, 
as the case may be, for the terrestrial licence area ends 
after the commencement of this section; and 
  the end of the 3-month period beginning when the simulcast 
period, or the simulcast-equivalent period, as the case may 
be, for the terrestrial licence area ends. 
Revocation 
 (4) If: 
 (a) a declaration is in force under subsection (1) in relation to a 
particular area (the relevant area ); and 
 (b) the relevant area is included in a terrestrial licence area; and 
 (c) the terrestrial licence area is wholly or partly included in the 
licence area of a commercial television broadcasting licence 
allocated under section 38C; and 
 (d) the ACMA is not satisfied that the number of applicable 
terrestrial digital commercial television broadcasting services 
provided to persons in the relevant area is less than the 
number of commercial television broadcasting services 
provided under the section 38C licence; 
the ACMA must, by legislative instrument, revoke the declaration. 
Certain satellite services to be disregarded 
 (5) For the purposes of subsections (1) and (4), disregard a commercial 
television broadcasting service provided under a section 38C 
licence if the service is authorised by paragraph 41CA(1)(g). 
Definitions 
 (6) 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. 
number  includes zero. 
simulcast-equivalent period  has the same meaning as in 
Schedule 4. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 46 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            41 simulcast period  has the same meaning as in Schedule 4. 
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. 
Note: For applicable terrestrial digital commercial television broadcasting 
services , see section 130ZG. 
38  Paragraph 7(1)(ma) of Schedule 2 
Omit “(5) and (6) ”, substitute “(4C), (5), (6) and (7) ”. 
39  Paragraphs 7(1)(mb) and (mc) of Schedule 2 
After “subject to subclauses”, insert “(4C),”.  
40  After subclause 7(4A) of Schedule 2 
Insert: 
 (4B) For the purposes of paragraphs (1)(k) and (m), ignore the broadcast 
of a commercial television broadcasting service in analog mode in 
a digital-only local market area if: 
 (a) the broadcast of the service in the digital-only local market 
area occurs accidentally; or 
 (b) the broadcast of the service in the digital-only local market 
area occurs as a necessary result of the provision of 
commercial television broadcasting services outside the 
digital-only local market area. 
 (4C) Paragraphs (1)(ma), (mb) and (mc) do not apply to a commercial 
television broadcasting servi ce provided by a licensee to the extent 
to which the service is provided in an area that, under clause 9A of 
Schedule 4, is an exempt digital transmission area in relation to the 
licence. 
41  Subclause 7(7) of Schedule 2 
Omit “(1)(mb)”, substitute “(1)(ma), (mb)”.  
42  Paragraph 7(8)(a) of Schedule 2 
After “(4A), ”, insert “(4B), ”. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 47 -Schedule 2   Other amendments  
   
 
 
42            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 43  At the end of clause 7D of Schedule 2 
Add: 
 (4) Subclause (1) does not require the section 38C licensee to 
broadcast a program before the start date for the licence area of the 
section 38C licence. 
No
te: For start date , see clause 7H. 
44  Paragraph 6(3)(ga) of Schedule 4 
After “to be made ”, insert “using a transmitter located ”. 
45  Subclause 6(7B) of Schedule 4 
Omit “at or about the time when the exempt licence was allocated. ”, 
substitute: 
within the 12-month period beginning at the later of the following: 
 (c) when the exempt licence is allocated; 
 (d) the commencement of this paragraph. 
46  Clause 6C of Schedule 4 
Repeal the clause. 
47  After clause 9 of Schedule 4 
Insert: 
9A  Areas exempt from digital transmission requirements —
commercial television broadcasting licensees 
Areas exempt from digital transmission requirements 
 (1) If an area is an exempt digital transmission area in relation to a 
commercial television broadcasting licence, the licensee is not 
required to comply with: 
 (a) the commercial television conversion scheme; or 
 (b) an implementation plan; 
to the extent that the scheme or plan would require the licensee to 
transmit a commercial television broadcasting service in digital 
mode in the exempt digital transmission area. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 48 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            43 Determination 
 (2) On application by the holder of a commercial television 
broadcasting licence, the Minister may, by legislative instrument, 
determine that, for the purposes of this clause, a specified area that 
is within the licence area is an exempt digital transmission area  in 
relation to the licence. 
 (3) The Minister must not make a determination under subclause (2) 
that specifies an area that is within the licence area of a commercial 
television broadcasting licence unless, when the determination is 
made: 
 (a) the specified area does not have coverage of any commercial 
television broadcasting service that is: 
 (i) provided by the commercial television broadcasting 
licensee in the licence area; and 
 (ii) transmitted in digital mode; and 
 (b) the Minister is satisfied that: 
 (i) fewer than 500 people reside in the specified area; or 
 (ii) the specified area is an underserviced area; and 
 (c) either: 
 (i) commercial television broadcasting services are 
provided in the specified area under a commercial 
television broadcasting licence allocated under 
section 38C; or 
 (ii) the Minister is satisfied that there is another way in 
which people in the specified area can, or will be able 
to, view an adequate and comprehensive range of 
commercial television broadcasting services and 
national television broadcasting services. 
 (4) In considering, for the purposes of subparagraph (3)(b)(i), whether 
fewer than 500 people reside in a specified area, the Minister must 
have regard to the latest resident population statistics published by 
the Australian Statistician. 
Underserviced areas 
 (5) For the purposes of subparagraph (3)(b)(ii), a specified area within 
a licence area is an underserviced area  if: 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 49 -Schedule 2   Other amendments  
   
 
 
44            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (a) the specified area does not have coverage of one or more 
commercial television broadcasting services that are: 
 (i) provided in the licence area; and 
 (ii) transmitted in analog mode; or 
 (b) the specified area does not have coverage of one or more 
national television broadcasting services that are: 
 (i) provided in the coverage area that corresponds to the 
licence area; and 
 (ii) transmitted in analog mode. 
 (6) For the purposes of subclause (5), disregard a service that does no 
more than: 
 (a) re-transmit programs that are transmitted by a commercial 
television broadcasting service; or 
 (b) re-transmit programs that are transmitted by a national 
television broadcasting service. 
 (7) For the purposes of subparagraph (3)(b)(ii), a specified area within 
a licence area is an underserviced area  if: 
 (a) the specified area does not, or will not, have coverage of the 
commercial television broadcasting services that are: 
 (i) provided in the licence area by a person other than the 
commercial television broadcasting licensee; and 
 (ii) transmitted in digital mode; or 
 (b) the specified area does not, or will not, have coverage of the 
national television broadcasting services that are: 
 (i) provided in the coverage area that corresponds to the 
licence area; and 
 (ii) transmitted in digital mode. 
 (8) A reference in subclause (7) to a commercial television 
broadcasting service  includes a reference to a service that does no 
more than re -transmit programs that are transmitted by a 
commercial television broadcasting service. 
 (9) A reference in subclause (7) to a national television broadcasting 
service  includes a reference to a service that does no more than 
re-transmit programs that are transmitted by a national television 
broadcasting service. 
48  After paragraph 8(10)(a) of Schedule 4 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 50 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            45 Insert: 
 (aa) paragraph 7(1)(ma) of Schedule 2; or 
49
  Paragraph 19(3)(ga) of Schedule 4 
After “to be made ”, insert “using a transmitter located ”. 
50  Subclause 19(7CA) of Schedule 4 
Repeal the subclause. 
51  After paragraph 20(4)(c) of Schedule 4 
Insert: 
 (ca) whether there are other means by which people in the 
coverage area to which the implementation plan relates can 
view an adequate and comprehensive range of: 
 (i) commercial television broadcasting services transmitted 
in digital mode; and 
 (ii) national television broadcasting services transmitted in 
digital mode; 
 (cb) the extent to which commercial television broadcasting 
services are being, or will be, transmitted in digital mode in 
the coverage area to which the implementation plan relates; 
 (cc) the extent to which national television broadcasting services 
are being, or will be, transmitted in digital mode in the 
coverage area to which the implementation plan relates by a 
national broadcaster other than the national broadcaster to 
whom the implementation plan relates; 
52  After clause 21 of Schedule 4 
Insert: 
21A  Areas exempt from digital transmission requirements —
national broadcasters 
Areas exempt from digital transmission requirements 
 (1) If an area is an exempt digital transmission area in relation to a 
national broadcaster, the national broadcaster is not required: 
 (a) to comply with: 
 (i) the national television conversion scheme; or 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 51 -Schedule 2   Other amendments  
   
 
 
46            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  (ii) an implementation plan; 
  to the extent that the scheme or plan would require the 
national broadcaster to transmit a national television 
broadcasting service in digital mode in the exempt digital 
transmission area; or 
 (b) to submit an implementation plan under clause 20 that relates 
to the exempt digital transmission area. 
Determination 
 (2) On application by a national broadcaster, the Minister may, by 
legislative instrument, determine that, for the purposes of this 
clause, a specified area that is within a coverage area is an exempt 
digital transmission area  in relation to the national broadcaster. 
 (3) The Minister must not make a determination under subclause (2) 
that specifies an area that is within a coverage area unless, when 
the determination is made: 
 (a) the specified area does not have coverage of any national 
television broadcasting service that is: 
 (i) provided by the national broadcaster in the coverage 
area; and 
 (ii) transmitted in digital mode; and 
 (b) the Minister is satisfied that: 
 (i) fewer than 500 people reside in the specified area; or 
 (ii) the specified area is an underserviced area; and 
 (c) either: 
 (i) national television broadcasting services are provided in 
the coverage area with the use of a satellite; or 
 (ii) the Minister is satisfied that there is another way in 
which people in the specified area can, or will be able 
to, view an adequate and comprehensive range of 
commercial television broadcasting services and 
national television broadcasting services. 
 (4) In considering, for the purposes of subparagraph (3)(b)(i), whether 
fewer than 500 people reside in a specified area, the Minister must 
have regard to the latest resident population statistics published by 
the Australian Statistician. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 52 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            47 Underserviced areas 
 (5) For the purposes of subparagraph (3)(b)(ii), a specified area within 
a coverage area is an underserviced area  if: 
 (a) the specified area does not have coverage of one or more 
commercial television broadcasting services that are: 
 (i) provided in a licence area that corresponds to the 
coverage area; and 
 (ii) transmitted in analog mode; or 
 (b) the specified area does not have coverage of one or more 
national television broadcasting services that are: 
 (i) provided in the coverage area; and 
 (ii) transmitted in analog mode. 
 (6) For the purposes of subclause (5), disregard a service that does no 
more than: 
 (a) re-transmit programs that are transmitted by a commercial 
television broadcasting service; or 
 (b) re-transmit programs that are transmitted by a national 
television broadcasting service. 
 (7) For the purposes of subparagraph (3)(b)(ii), a specified area within 
a coverage area is an underserviced area  if: 
 (a) the specified area does not, or will not, have coverage of the 
commercial television broadcasting services that are: 
 (i) provided in a licence area that corresponds to the 
coverage area; and 
 (ii) transmitted in digital mode; or 
 (b) the specified area does not, or will not, have coverage of the 
national television broadcasting services that are: 
 (i) provided in the coverage area; and 
 (ii) transmitted in digital mode. 
 (8) A reference in subclause (7) to a commercial television 
broadcasting service  includes a reference to a service that does no 
more than re-transmit programs that are transmitted by a 
commercial television broadcasting service. 
 (9) A reference in subclause (7) to a national television broadcasting 
service  includes a reference to a service that does no more than 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 53 -Schedule 2   Other amendments  
   
 
 
48            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 re-transmit programs that are transmitted by a national television 
broadcasting service. 
53  Clause 35A of Schedule 4 
Before “For the purposes ”, insert “(1)”. 
54  At the end of clause 35A of Schedule 4 
Add: 
 (2) For the purposes of clauses 34 and 35, ignore the broadcast of a 
national television broadcasting service in analog mode in a 
digital-only local market area if: 
 (a) the broadcast of the service in the digital-only local market 
area occurs accidentally; or 
 (b) the broadcast of the service in the digital-only local market 
area occurs as a necessary result of the provision of national 
television broadcasting services outside the digital-only local 
market area. 
55  Paragraph 38(4)(c) of Schedule 4 
After “provides ”, insert “in the licence area another service that is ”. 
56  Paragraph 38(4)(c) of Schedule 4 
Omit “in the licence area; ”. 
57  Paragraph 38(4)(d) of Schedule 4 
After “service ”, insert “mentioned in subparagraph (c)(i) ”. 
58  Pa ragraph 38(4)(e) of Schedule 4 
After “service ”, insert “mentioned in subparagraph (c)(ii) ”. 
59  Subclause 38(4A) of Schedule 4 
Repeal the subclause. 
60  Subclause 41G(1) of Schedule 4 
Omit “or (2CB) ” substitute “, (2CB), (2D) or (2DB) ”. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 54 -Other amendments  Schedule 2  
   
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            49 Copyright Act 1968  
61  Subsection 135ZZJA(2) 
Repeal the subsection (including the note), substitute: 
 (2) This Part does not apply in relation to a retransmission if: 
 (a) the retransmission is a re-broadcast by a satellite BSA 
licensee; and 
 (b) subsection 135ZZZI(1) or (2) applies to the re-broadcast. 
Radiocommunications Act 1992  
62  Subsection 100(5) 
Omit “102AF, ”. 
63  Sections 102AE and 102AF 
Repeal the sections. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 55 -Schedule 3   Transitional provisions  
Part 1   Designation of licence areas  
 
 
50            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  
Schedule 3—Transitional provisions 
Part 1—Designation of licence areas 
1  Designation of licence areas 
(1) I f: 
 (a) the ACMA has, under section 29 of the Broad casting 
Services Act 1992 , designated an area (the relevant licence 
area) as the licence area of a particular commercial television 
broadcasting licence; and 
 (b) the designation of the relevant licence ar ea is by reference to 
an area described in: 
 (i) a licence area plan prepared under subsection 26(1) of 
the Broadcasting Services Act 1992 ; or 
 (ii) a variation of such a licence area plan; and 
 (c) a television licence area plan comes into force for the 
relevant licence area; 
the designation has effect, after the television licence area plan comes 
into force, as if the designation were by reference to the corresponding 
area described in the television licence area plan instead of by reference 
to an area described in: 
 (d) the licence area plan prepared under subsection 26(1) of the 
Broadcasting Services Act 1992 ; or 
 (e) a variation of such a licence area plan. 
(2) This item does not prevent the variation of the designation of the 
relevant licence area in accordance with subsection 29(2) of the 
Broadcasting Services Act 1992 . 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 56 -Transitional provisions  Schedule 3  
Digital television conversion schemes etc.  Part 2 
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            51  
Part 2—Digital television conversion schemes etc. 
2  Commercial television conversion scheme 
(1) This item applies to the commercial television conversion scheme that 
was in force under Schedule 4 to the Broadcasting Services Act 1992  
immediately before the commencement of this item. 
(2) The amendments of Schedule 4 to the Broadcasting Services Act 1992  
made by this Act do not affect the continuity of the scheme. 
(3) However, the Parliament intends that the ACMA should, within 90 days 
after the commencement of this item, take action under Schedule 4 to 
the Broadcasting Services Act 1992  directed towards ensuring 
compliance with that Schedule as amended by this Act. 
(4) Subitem (2) does not apply to subclause 7AA(2) of Schedule 4 to the 
Broadcasting Services Act 1992  as amended by this Act. 
3  National television conversion scheme 
(1) This item applies to the national television conversion scheme that was 
in force under Schedule 4 to the Broadcasting Services Act 1992  
immediately before the commencement of this item. 
(2) The amendments of Schedule 4 to the Broadcasting Services Act 1992  
made by this Act do not affect the continuity of the scheme. 
(3) However, the Parliament intends that the ACMA should, within 90 days 
after the commencement of this item, take action under Schedule 4 to 
the Broadcasting Services Act 1992  directed towards ensuring 
compliance with that Schedule as amended by this Act. 
(4) Subitem (2) does not apply to subclause 22AA(2) of Schedule 4 to the 
Broadcasting Services Act 1992  as amended by this Act. 
4  Digital channel plan made under the commercial television 
conversion scheme 
(1) This item applies to a digital channel plan that was in force under the 
commercial television conversion scheme immediately before the 
commencement of this item. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 57 -Schedule 3   Transitional provisions  
Part 2   Digital television conversion schemes etc.  
 
 
52            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 (2) The amendments of Schedule 4 to the Broadcasting Services Act 1992  
made by this Act do not affect the continuity of the plan. 
(3) Subitem (2) does not apply to subclause 7AA(1) of Schedule 4 to the 
Broadcasting Services Act 1992  as amended by this Act. 
5  Digital channel plan made under the national television 
conversion scheme 
(1) This item applies to a digital channel plan that was in force under the 
national television conversion scheme immediately before the 
commencement of this item. 
(2) The amendments of Schedule 4 to the Broadcasting Services Act 1992  
made by this Act do not affect the continuity of the plan. 
(3) Subitem (2) does not apply to subclause 22AA(1) of Schedule 4 to the 
Broadcasting Services Act 1992  as amended by this Act. 
6  Variation of commercial television conversion scheme 
(1) This item applies to a variation by the ACMA of the commercial 
television conversion scheme if: 
 (a) the variation deals with transitional and/or consequential 
matters in connection with the amendments made by this Act; 
and 
 (b) the variation is made within 90 days after the commencement 
of this item. 
(2) Clause 18 of Schedule 4 to the Broadcasting Services Act 1992  does not 
apply to the variation. 
(3) The ACMA must not make the variation unless a copy of the proposed 
variation was made available on the ACMA ’s website for a period of at 
least 10 business days. 
7  Variation of national television conversion scheme 
(1) This item applies to a variation by the ACMA of the national television 
conversion scheme if: 
 (a) the variation deals with transitional and/or consequential 
matters in connection with the amendments made by this Act; 
and 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 58 -Transitional provisions  Schedule 3  
Digital television conversion schemes etc.  Part 2 
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            53  (b) the variation is made within 90 days after the commencement 
of this item. 
(2) Clauses 32 and 33 of Schedule 4 to the Broadcasting Services Act 1992  
do not apply to the variation. 
(3) The ACMA must not make the variation unless a copy of the proposed 
variation was made available on the ACMA ’s website for a period of at 
least 10 business days. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 59 -Schedule 3   Transitional provisions  
Part 3   Other matters  
 
 
54            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011  
Part 3—Other matters 
8  Transitional —pre-commencement contraventions of 
licence conditions 
Scope 
(1) This item applies to a licence condition set out in: 
 (a) section 43AA of the Broadcasting Services Act 1992 ; or 
 (b) section 43AC of the Broadcasting Services Act 1992 ; or 
 (c) clause 7D of Schedule 2 to the Broadcasting Services Act 
1992. 
Contraventions 
(2) If: 
 (a) at a time during the period: 
 (i) beginning at the start of 30 June 2010; and 
 (ii) ending immediately before the commencement of this 
item; 
  a person contravened the licence condition; and 
 (b) if it were assumed that the amendments of: 
 (i) section 43AA of the Broadcasting Services Act 1992 ; 
and 
 (ii) section 43AC of the Broadcasting Services Act 1992 ; 
and 
 (iii) clause 7D of Schedule 2 to the Broadcasting Services 
Act 1992 ; 
  made by this Act had commenced on 30 June 2010, the 
person would not have contravened the licence condition; 
the person is taken not to have contravened the licence condition. 
Note: Schedule 1 to the Broadcasting Legislation Amendment (Digital Television) Act 2010  
commenced on 30 June 2010. 
9  Transitional —conditional access schemes 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 60 -Transitional provisions  Schedule 3  
Other matters  Part 3 
 
 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       No. 
36, 2011            55 Scope 
(1) This item applies to a conditional access scheme that was registered 
under section 130ZC or 130ZCA of the Broadcasting Services Act 1992 
before the commencement of this item. 
Conditional access schemes 
(2) The amendments made by the following items of Schedule 2: 
 (
a) item 2; 
 (
b) items 11 to 22; 
do not affect the continuity of the scheme. 
(3) Within 30 days after this item commences, the ACMA must, under 
subsection 130ZCAB(2) of the Broadcasting Services Act 1992 as 
amended by this Act, give to a body or association a notice that: 
 (a) requests the body or association to develop another scheme 
that is expressed to replace the scheme; and 
 (b) specifies, under paragraph 130ZCAB(2)(b) of the 
Broadcasting Services Act 1992  as amended by this Act, the 
matter of compliance with: 
 (i) if the scheme is for the South Eastern Australia TV3 
licence area or the Northern Australia TV3 licence 
area—section 130ZB of the Broadcasting Services Act 
1992 as amended by this Act; or 
 (ii) if the scheme is for the Western Australia TV3 licence 
area—section 130ZBB of the Broadcasting Services Act 
1992 as amended by this Act. 
(4) For the purposes of subsection 130ZCAB(1) of the Broadcasting 
Services Act 1992  as amended by this Act, the ACMA is taken, when 
this item commences, to become satisfied that the scheme is not 
achieving one or more of the objectives set out in: 
 (a) if the scheme is for the South Eastern Australia TV3 licence 
area or the Northern Australia TV3 licence area —
section 130ZB of the Broadcasting Services Act 1992  as 
amended by this Act; or 
 (b) if the scheme is for the Western Australia TV3 licence area —
section 130ZBB of the Broadcasting Services Act 1992  as 
amended by this Act. 
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 61 -Schedule 3   Transitional provisions  
Part 3   Other matters  
 
 
56            Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011       
No. 36, 2011 10  Transitional —declarations about primary commercial 
television broadcasting services 
Scope 
(1) This item applies to a declaration: 
 (a) that the ACMA is empowered to make under subclause 
41G(1) of Schedule 4 to the Broadcasting Services Act 1992  
as amended by this Act; and 
 (b) that relates to a commercial television broadcasting licence to 
which subsection 41B(2D) or (2DB) of the Broadcasting 
Services Act 1992  as amended by this Act applies. 
When declaration must come into force 
(2) Subclause 41G(1A) of Schedule 4 to the Broad casting Services Act 
1992  as amended by this Act has effect, in relation to the declaration, as 
if the reference in subparagraph (a)(ii) of that subclause to the 
commencement of that subclause were a reference to the 
commencement of this item. 
 
 
 
[Minister’s second reading speech made in — 
House of Representatives on 24 February 2011  
Senate on 25 March 2011 ] 
 
(20/11)  
ComLaw Authoritative Act C2011A00036
IP/N/1/AUS/C/12 
         - 62 -