|
senate vote 2021-06-22#35
Edited by
mackay staff
on
2021-07-16 10:39:23
|
Title
Bills — Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021; Second Reading- Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021 - Second Reading - Community TV
Description
<p class="speaker">Scott Ryan</p><p>Given that the result of that division changes the question before the Senate for the second reading, out of an abundance of caution I'll put the question of the second reading again. The question is now that the bill be read a second time.</p><p>Question agreed to.</p>- The majority voted against [opposition amendments 1334](https://www.openaustralia.org.au/senate/?gid=2021-06-22.301.1), which means they failed.
- ### Amendment text
- > *(1) Clause 2, page 2 (table item 4), omit "5", substitute "6".*
- >
- > *(2) Page 14 (after line 7), at the end of the Bill, add:*
- >
- >> *Schedule 6 — Community television*
- >>
- >> *Part 1 — Amendments*
- >>
- >> *Radiocommunications Act 1992*
- >>
- >> *1 Subsection 103(2)*
- >>
- >>> *After "Subject to", insert "subsection (3A) and".*
- >>
- >> *2 After subsection 103(3)*
- >>
- >>> *Insert:*
- >>>
- >>> *(3A) Despite subsections (2) and (3), an apparatus licence issued under section 100 with the licence number 1171866 does not have effect after the later of the following dates:*
- >>>
- >>>> *(a) 30 June 2024;*
- >>>>
- >>>> *(b) the date the spectrum used by the apparatus licence is refarmed or allocated for the implementation of new broadcasting technologies—whichever is the earliest;*
- >>>>
- >>>> *(c) the date specified in a written determination by the Minister.*
- >>
- >> *3 Paragraph 103(4A)(c)*
- >>
- >>> *Omit the paragraph, substitute:*
- >>>
- >>> *(c) does not have effect after the later of the following dates, if the related licence is a CTV licence within the meaning of the Broadcasting Services Act 1992:*
- >>>
- >>>> *(i) 30 June 2024;*
- >>>>
- >>>> *(ii) the date the spectrum used by the CTV licence is refarmed or allocated for the implementation of new broadcasting technologies—whichever is the earliest;*
- >>>>
- >>>> *(iii) the date specified in a written determination by the Minister.*
- >>
- >> *4 Subsection 103(4B)*
- >>
- >>> *Omit "subparagraph (4A)(c)(ii)", substitute "paragraph (3A)(c) or subparagraph (4A)(c)(iii)".*
- >>
- >> *5 Application of amendments*
- >>
- >>> *The amendments made by this Schedule apply in relation to licences regardless of when the licences were issued.*
- >>
- >> *Part 2 — Repeals*
- >>
- >> *[Australian Communications and Media Authority (Community Television) Direction 2020](https://www.legislation.gov.au/Details/F2020L00847/Explanatory%20Statement/Text)*
- >>
- >> *6 The whole of the instrument*
- >>
- >>> *Repeal the instrument.*
<p>Bill read a second time.</p><p>I will now deal with the circulated amendments to the bill, starting with the amendments on sheet 1333. The question now is that the amendments circulated by Senator Patrick on sheet 1333 be agreed to.</p><p class="italic"> <i>Senator Patrick's circulated amendments—</i></p><p class="italic">(1) Clause 2, page 2 (table item 4), omit "5", substitute "6".</p><p class="italic">(2) Page 14 (after line 7), at the end of the Bill, add:</p><p class="italic">Schedule 6 — Community television</p><p class="italic">Part 1 — Amendments</p><p class="italic"> <i>Broadcasting Services Act 1992</i></p><p class="italic">1 At the end of subsection 81(1)</p><p class="italic">Add:</p><p class="italic">Note: See also section 96B of the <i>Radiocommunications Act 1992</i>, which provides that CTV licences must not be granted to new holders after 30 June 2021.</p><p class="italic">2 At the end of subsection 92C(1)</p><p class="italic">Add:</p><p class="italic">Note: See also section 96B of the <i>Radiocommunications Act 1992</i>, which provides that licences for television services under this Part must not be granted to new holders after 30 June 2021.</p><p class="italic"><i>Radiocommunications Act 1992</i></p><p class="italic">3 After section 96</p><p class="italic">Insert:</p><p class="italic">96A Policy in relation to certain community broadcasting services and open narrowcasting television services</p><p class="italic">(1) It is the intention of the Parliament that:</p><p class="italic">(a) until 30 June 2024, access to the broadcasting services bands be available to provide the following services in a prescribed area:</p><p class="italic">(i) community broadcasting services provided under a CTV licence;</p><p class="italic">(ii) community broadcasting services that provide television programs under a licence under Part 6A of the <i>Broadcasting Services Act 1992</i>;</p><p class="italic">(iii) open narrowcasting television services provided for community or educational non profit purposes that are transmitted from one or more radiocommunications transmitters, the operation of which is authorised under an apparatus licence issued under section 100; but</p><p class="italic">(b) on and after 30 June 2024, all such services should be delivered using online platforms.</p><p class="italic">(2) The Minister may, by legislative instrument, prescribe an area for the purposes of paragraph (h) of the definition of <i>prescribed area</i> in subsection (3).</p><p class="italic">(3) In this section:</p><p class="italic"><i>broadcasting services bands</i> has the same meaning as in the <i>Broadcasting Services Act 1992</i>.</p><p class="italic"><i>CTV licence</i> has the same meaning as in the <i>Broadcasting Services Act 1992</i>.</p><p class="italic"><i>prescribed area</i> means:</p><p class="italic">(a) Adelaide; or</p><p class="italic">(b) Melbourne; or</p><p class="italic">(c) an area prescribed in an instrument under subsection (2).</p><p class="italic">96B Licences of certain kinds must not be granted to new holders after 30 June 2021</p><p class="italic">(1) This section applies to a person if, on 30 June 2021, the person did not hold one or more of the following licences:</p><p class="italic">(a) a CTV licence;</p><p class="italic">(b) a licence under Part 6A of the <i>Broadcasting Services Act 1992</i> to provide a community broadcasting service that provides television programs;</p><p class="italic">(c) an apparatus licence issued under section 100 that:</p><p class="italic">(i) authorises the operation of one or more radiocommunications transmitters; and</p><p class="italic">(ii) includes a condition that the licence may only be used to provide a transmission in standard definition digital mode of an open narrowcasting television service for community and educational non profit purposes.</p><p class="italic">(2) Despite anything else in this Act or the <i>Broadcasting Services Act 1992</i>, the person is not eligible to hold a licence of that kind after that day.</p><p class="italic">4 Subsection 103(2)</p><p class="italic">After "Subject to", insert "subsection (2A) and".</p><p class="italic">5 After subsection 103(2)</p><p class="italic">Insert:</p><p class="italic">(2A) An apparatus licence issued under section 100 with the licence number 1171866 does not have effect after 30 June 2024.</p><p class="italic">6 Paragraph 103(4A)(c)</p><p class="italic">Repeal the paragraph, substitute:</p><p class="italic">(c) if the related licence is a CTV licence within the meaning of the <i>Broadcasting Services Act 1992</i>does not have effect after 30 June 2024.</p><p class="italic">7 Application of amendments</p><p class="italic">The amendments made by items 4 to 6 of this Schedule apply in relation to apparatus licences regardless of when the licences were issued.</p><p class="italic">Part 2 — Repeals</p><p class="italic"> <i>Australian Communications and Media Authority (Community Television) Direction 2020</i></p><p class="italic">8 The whole of the instrument</p><p class="italic">Repeal the instrument.</p><p>Question agreed to.</p><p>I will now deal with amendments circulated by the opposition. The first refers to sheet 1298, and the question is that schedule 1 stand as printed.</p><p><i>The o</i> <i>pposition </i> <i>opposed schedule 1 in the following terms—</i></p><p class="italic">(2) Schedule 1, page 3 (line 1) to page 6 (line 7), to be opposed.</p><p class="italic"><i>A division having been called and the bells being rung—</i></p><p>I've had a request to cancel the division.</p><p>Question negatived.</p><p>The question is that amendment (1) on sheet 1298, circulated by the opposition, be agreed to.</p><p class="italic"> <i>Opposition's circulated amendments—</i></p><p class="italic">(1) Clause 2, page 2 (table item 2), omit the table item.</p><p>The question now is that schedule (1) stand as printed.</p><p class="italic"> <i>The opposition opposed schedule 1 in the following terms—</i></p><p class="italic">(2) Schedule 1, page 3 (line 1) to page 6 (line 7), to be opposed.</p><p>Question agreed to.</p><p>The question now is that opposition amendments on sheet 1334 be agreed to.</p><p class="italic"> <i>Opposition's circulated amendments—</i></p><p class="italic">(1) Clause 2, page 2 (table item 4), omit "5", substitute "6".</p><p class="italic">(2) Page 14 (after line 7), at the end of the Bill, add:</p><p class="italic">Schedule 6 — Community television</p><p class="italic">Part 1 — Amendments</p><p class="italic"><i>Radiocommunications Act 1992</i></p><p class="italic">1 Subsection 103(2)</p><p class="italic">After "Subject to", insert "subsection (3A) and".</p><p class="italic">2 After subsection 103(3)</p><p class="italic">Insert:</p><p class="italic">(3A) Despite subsections (2) and (3), an apparatus licence issued under section 100 with the licence number 1171866 does not have effect after the later of the following dates:</p><p class="italic">(a) 30 June 2024;</p><p class="italic">(b) the date the spectrum used by the apparatus licence is refarmed or allocated for the implementation of new broadcasting technologies—whichever is the earliest;</p><p class="italic">(c) the date specified in a written determination by the Minister.</p><p class="italic">3 Paragraph 103(4A)(c)</p><p class="italic">Omit the paragraph, substitute:</p><p class="italic">(c) does not have effect after the later of the following dates, if the related licence is a CTV licence within the meaning of the <i>Broadcasting Services Act 1992</i>:</p><p class="italic">(i) 30 June 2024;</p><p class="italic">(ii) the date the spectrum used by the CTV licence is refarmed or allocated for the implementation of new broadcasting technologies—whichever is the earliest;</p><p class="italic">(iii) the date specified in a written determination by the Minister.</p><p class="italic">4 Subsection 103(4B)</p><p class="italic">Omit "subparagraph (4A)(c)(ii)", substitute "paragraph (3A)(c) or subparagraph (4A)(c)(iii)".</p><p class="italic">5 Application of amendments</p><p class="italic">The amendments made by this Schedule apply in relation to licences regardless of when the licences were issued.</p><p class="italic">Part 2 — Repeals</p><p class="italic"> <i>Australian Communications and Media Authority (Community Television) Direction 2020</i></p><p class="italic">6 The whole of the instrument</p><p class="italic">Repeal the instrument.</p>
|