Document ID: chunk:federal_register_of_legislation:C2011A00036:clause:2_21a:p1
Version: federal_register_of_legislation:C2011A00036
Segment Type: clause
Provision Reference: sch 2 cl 21A (pt 1/2)
Character Range: 65949–68889

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
 (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.

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)