关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

广播法修正案(集中审查和其他措施),2013, 澳大利亚

返回
WIPO Lex中的最新版本
详情 详情 版本年份 2013 日期 生效: 2013年3月30日 议定: 2013年3月30日 文本类型 其他文本 主题 版权与相关权利(邻接权), 其他 本法修改了广播服务法1991,以及澳大利亚广播公司法1983(关于特殊广播服务法1991的修正案,见第15,16,17条,以及关于澳大利亚广播公司法1983的修正案,见第36至49条)。

可用资料

主要文本 相关文本
主要文本 主要文本 英语 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act, 2013        
 
下载PDF open_in_new
 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013

No. 29, 2013

An Act to amend legislation relating to broadcasting, and for other purposes

Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)

ComLaw Authoritative Act C2013A00029

ComLaw Authoritative Act C2013A00029

Contents 1 Short title ...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s) ........................................................................................2

Schedule 1—Amendments 3 Part 1—General amendments 3

Broadcasting Services Act 1992 3 Special Broadcasting Service Act 1991 11

Part 2—Charters of the ABC and SBS etc. 12 Australian Broadcasting Corporation Act 1983 12 Special Broadcasting Service Act 1991 16

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

i

ComLaw Authoritative Act C2013A00029

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013

No. 29, 2013

An Act to amend legislation relating to broadcasting, and for other purposes [Assented to 30 March 2013]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013.

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

1

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 The day this Act receives the Royal Assent. 30 March 2013 and anything in this Act not elsewhere covered by this table 2. Schedule 1 The day after this Act receives the Royal 31 March 2013

Assent.

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.

2 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 General amendments Part 1

Schedule 1—Amendments

Part 1—General amendments

Broadcasting Services Act 1992

1 Subsections 26(3), (4), (5) and (6) Repeal the subsections.

2 Sections 35A and 35B Repeal the sections.

3 After section 37 Insert:

37A Limitation on number of commercial television broadcasting licences

The ACMA must ensure that the number of commercial television broadcasting licences that:

(a) have the same licence area; and (b) are broadcasting services bands licences;

does not exceed 3.

4 Part 9 (heading) Repeal the heading, substitute:

Part 9—Content rules, program standards and codes of practice

5 Before section 122 Insert:

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

3

Schedule 1 Amendments Part 1 General amendments

121G Australian content—transmission quota

Programs transmitted on core/primary commercial television broadcasting service

(1) A commercial television broadcasting licensee must ensure that, for:

(a) the calendar year that began on 1 January 2013; and (b) each later calendar year;

the percentage worked out using the following formula is not less than 55%:

Total hours of Australian programs

transmitted during the year 100

Total hours of programs transmitted

during the year

where:

total hours of Australian programs transmitted during the year

means the total number of hours of Australian programs that were transmitted:

(a) during targeted viewing hours in the year; and (b) on the core/primary commercial television broadcasting

service provided by the licensee.

total hours of programs transmitted during the year means the total number of hours of television programs transmitted:

(a) during targeted viewing hours in the year; and (b) on the core/primary commercial television broadcasting

service provided by the licensee.

Programs transmitted otherwise than on core/primary commercial television broadcasting service

(2) A commercial television broadcasting licensee must ensure that: (a) for the calendar year that began on 1 January 2013, the total

number of hours of Australian programs that were transmitted by the licensee:

(i) during targeted viewing hours in the year; and

4 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 General amendments Part 1

(ii) otherwise than on the core/primary commercial television broadcasting service provided by the licensee;

is not less than 730; and (b) for the calendar year beginning on 1 January 2014, the total

number of hours of Australian programs that were transmitted:

(i) during targeted viewing hours in the year; and (ii) otherwise than on the core/primary commercial

television broadcasting service provided by the licensee; is not less than 1,095; and

(c) for each calendar year beginning on or after 1 January 2015, the total number of hours of Australian programs that were transmitted:

(i) during targeted viewing hours in the year; and (ii) otherwise than on the core/primary commercial

television broadcasting service provided by the licensee; is not less than 1,460.

(3) For the purposes of the application of subsection (2) to a commercial television broadcasting licensee, if a first release Australian drama program was transmitted by the licensee:

(a) during targeted viewing hours in a calendar year; and (b) otherwise than on the core/primary commercial television

broadcasting service provided by the licensee; assume that the duration of the program was twice as long as the actual duration of the program.

Targeted viewing hours

(4) For the purposes of this section, targeted viewing hours are the hours:

(a) beginning at 6 am each day; and (b) ending at midnight on the same day.

(5) For the purposes of this section, if: (a) a television program consists of coverage of a sporting event;

and (b) the program:

(i) begins before midnight on a particular day (the first day); and

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

5

Schedule 1 Amendments Part 1 General amendments

(ii) ends on the next day; the part of the program transmitted between midnight on the first day and 2 am on the next day is taken to have been transmitted during targeted viewing hours on the first day.

Australian programs

(6) For the purposes of this section, Australian program means: (a) if an instrument is in force under subsection (7)—an

Australian program as defined by that instrument; or (b) otherwise:

(i) an Australian program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013); or

(ii) an Australian official co-production (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013); or

(iii) a New Zealand program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013); or

(iv) an Australian/New Zealand program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013).

(7) The ACMA may, by legislative instrument, define the meaning of the expression Australian program for the purposes of this section. Note: See also section 16 of the Australian Communications and Media

Authority Act 2005 (consistency with CER Trade in Services Protocol).

First release Australian drama program

(8) For the purposes of this section, first release means: (a) if an instrument is in force under subsection (9)—first release

as defined by that instrument; or (b) otherwise—first release (within the meaning of the

Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013).

(9) The ACMA may, by legislative instrument, define the meaning of the expression first release for the purposes of this section.

6 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 General amendments Part 1

Note: See also section 16 of the Australian Communications and Media Authority Act 2005 (consistency with CER Trade in Services Protocol).

(10) For the purposes of this section, Australian drama program means:

(a) if an instrument is in force under subsection (12)—an Australian drama program as defined by that instrument; or

(b) otherwise: (i) an Australian drama program (within the meaning of the

Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013); or

(ii) an Australian official co-production (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013) that is a drama program; or

(iii) a New Zealand program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013) that is a drama program; or

(iv) an Australian/New Zealand program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013) that is a drama program.

(11) For the purposes of subparagraphs (10)(b)(ii), (iii) and (iv), drama program means a program that would be an Australian drama program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013) if the expression “Australian” were omitted from paragraphs (a) and (c) of the definition of Australian drama program in that standard as in force on 1 January 2013.

(12) The ACMA may, by legislative instrument, define the meaning of the expression Australian drama program for the purposes of this section. Note: See also section 16 of the Australian Communications and Media

Authority Act 2005 (consistency with CER Trade in Services Protocol).

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

7

Schedule 1 Amendments Part 1 General amendments

Licence allocated under subsection 40(1) on or after 1 January 2007

(13) If a commercial television broadcasting licence is or was allocated under subsection 40(1) on or after 1 January 2007, subsections (1) and (2) of this section do not apply to the licensee for:

(a) the calendar year in which the licence is or was allocated; and (b) any of the next 4 calendar years.

Ministerial direction

(14) The Minister may, by legislative instrument, give directions to the ACMA in relation to the exercise of its powers under this section. Note: Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative

Instruments Act 2003 do not apply to the direction (see sections 44 and 54 of that Act).

(15) The ACMA must comply with a direction under subsection (14).

6 Subsection 122(1) Omit “notice in writing”, substitute “legislative instrument”.

7 At the end of subsection 122(1) Add:

Note: See also section 16 of the Australian Communications and Media Authority Act 2005 (consistency with CER Trade in Services Protocol).

8 Subsection 122(5) Repeal the subsection.

9 Subsections 122(7) and (9) Repeal the subsections, substitute:

(7) The Minister may, by legislative instrument, give directions to the ACMA in relation to the exercise of its powers under this section. Note: Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative

Instruments Act 2003 do not apply to the direction (see sections 44 and 54 of that Act).

(8) The ACMA must comply with a direction under subsection (7).

8 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 General amendments Part 1

(9) The ACMA must not determine a standard under subsection (1) that has the effect of quantitatively extending the requirements imposed by subsection 121G(1) or (2).

(10) If: (a) a standard under subsection (1) imposes a quantitative

requirement in relation to a particular kind of program transmitted by a commercial television broadcasting licensee; and

(b) the requirement does not substantially correspond to subsection 121G(1) or (2); and

(c) a program of that kind is transmitted on a commercial television broadcasting service provided by the licensee;

the transmission of the program counts for the purposes of meeting the requirement. Note: The following are examples of a kind of program:

(a) an Australian drama program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005);

(b) a C program (within the meaning of the Children’s Television Standards 2009);

(c) a P program (within the meaning of the Children’s Television Standards 2009).

(11) If a commercial television broadcasting licence is or was allocated under subsection 40(1) on or after 1 January 2007, standards under subsection (1) of this section do not apply to the licensee during:

(a) the calendar year in which the licence is or was allocated; and (b) any of the next 4 calendar years.

(12) For the purposes of this section, in determining whether a requirement substantially corresponds to subsection 121G(1) or (2), disregard any differences as to:

(a) percentage; or (b) viewing hours.

10 After paragraph 7(1)(a) of Schedule 2 Insert:

(aa) the licensee will comply with section 121G (which deals with Australian content);

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

9

Schedule 1 Amendments Part 1 General amendments

11 Clause 60D of Schedule 4 Repeal the clause.

12 Transitional—Broadcasting Services (Australian Content) Standard 2005

Section 9 of the Broadcasting Services (Australian Content) Standard 2005 does not apply in relation to programs transmitted in:

(a) the calendar year beginning on 1 January 2013; or (b) a later calendar year.

Note: Section 9 of the Broadcasting Services (Australian Content) Standard 2005 deals with transmission quotas for Australian programs.

13 Transitional—section 122 of the Broadcasting Services Act 1992

Standards under subsection 122(1) of the Broadcasting Services Act 1992 do not apply to programs transmitted before 1 January 2013 on a commercial television broadcasting service provided by a commercial television broadcasting licensee, unless that service is the core/primary commercial television broadcasting service provided by the licensee.

14 Transitional—standards under section 122 of the Broadcasting Services Act 1992

(1) For the purposes of this item, interim period means the period: (a) beginning at the start of 1 January 2013; and (b) ending immediately before the commencement of this item.

(2) If, during the interim period: (a) a standard under subsection 122(1) of the Broadcasting

Services Act 1992 imposed a quantitative requirement in relation to a particular kind of program transmitted by a commercial television broadcasting licensee; and

(b) the requirement did not substantially correspond to subsection 121G(1) or (2) of the Broadcasting Services Act 1992 (as amended by this Schedule); and

(c) a program of that kind was transmitted on a commercial television broadcasting service provided by the licensee;

the transmission of the program counts for the purposes of meeting the requirement.

10 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 General amendments Part 1

Note: The following are examples of a kind of program: (a) an Australian drama program (within the meaning of the

Broadcasting Services (Australian Content) Standard 2005); (b) a C program (within the meaning of the Children’s Television

Standards 2009); (c) a P program (within the meaning of the Children’s Television

Standards 2009).

(3) For the purposes of this item, in determining whether a requirement substantially corresponds to subsection 121G(1) or (2) of the Broadcasting Services Act 1992 (as amended by this Schedule):

(a) disregard any differences as to: (i) percentage; or

(ii) viewing hours; and (b) assume that section 121G of the Broadcasting Services Act

1992 (as amended by this Schedule) had been in force during the interim period.

Special Broadcasting Service Act 1991

15 Section 3 Insert:

Indigenous person means a person who is: (a) a member of the Aboriginal race of Australia; or (b) a descendant of an Indigenous inhabitant of the Torres Strait

Islands.

16 At the end of subsection 17(2) Add: ; and (d) that at least one of the Directors is an Indigenous person.

17 Application provision The amendment of subsection 17(2) of the Special Broadcasting Service Act 1991 made by this Schedule applies in relation to the appointment of non-executive Directors after the commencement of this item.

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

11

Schedule 1 Amendments Part 2 Charters of the ABC and SBS etc.

Part 2—Charters of the ABC and SBS etc.

Australian Broadcasting Corporation Act 1983

18 Subsection 3(1) Insert:

digital electronic communications means communications that: (a) are carried by means of guided and/or unguided

electromagnetic energy; and (b) involve the use of digital technology.

19 Subsection 3(1) Insert:

digital media service has the meaning given by section 3A.

20 After section 3 Insert:

3A Digital media service

(1) For the purposes of this Act, digital media service means: (a) a service that delivers content to persons having equipment

appropriate for receiving that content, where the delivery of the service is by means of digital electronic communications; or

(b) a service that allows end-users to access content using digital electronic communications;

but does not include: (c) a broadcasting service; or (d) a datacasting service.

(2) For the purposes of this section, content means content: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or

12 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 Charters of the ABC and SBS etc. Part 2

(d) whether in the form of visual images (animated or otherwise); or

(e) whether in any other form; or (f) whether in any combination of forms.

21 After paragraph 6(1)(b) Insert:

(ba) to provide digital media services; and

22 At the end of subsection 6(1) Add:

Note: See also section 31AA (Corporation or prescribed companies to be the only providers of Commonwealth-funded international broadcasting services).

23 Subsection 8(2) After “broadcasting”, insert “or digital media services”.

24 Before subsection 31(1) Insert:

Broadcasting services

25 At the end of subsection 31(1) Add “on any of the Corporation’s broadcasting services”.

26 At the end of section 31 Add:

Digital media services

(4) The Corporation must not have advertisements in any of the Corporation’s digital media services.

(5) Subsection (4) does not prevent the Corporation, if the Board thinks fit, from having in a digital media service:

(a) content relating to an activity or proposed activity of the Corporation; or

(b) content supplied by an organisation or person engaged in: (i) artistic, literary, musical or theatrical production; or

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

13

Schedule 1 Amendments Part 2 Charters of the ABC and SBS etc.

(ii) educational pursuits; or (c) content that is supplied by an organisation or person other

than content that is, in the opinion of the Corporation, being used as an advertisement; or

(d) content the provision of which is directed by the Minister under subsection 78(3A).

(6) Subsection (4) does not apply to a digital media service that relates to the Corporation’s international television service and its associated audio channels.

(7) Subsection (4) does not apply to an eligible electronic publication.

(8) For the purposes of this section, if: (a) content consists of:

(i) an electronic edition of a book, magazine or newspaper; or

(ii) an audio recording of the text, or abridged text, of a book, magazine or newspaper; and

(b) a print edition of the book, magazine or newspaper is or was available to the public (whether by way of purchase or otherwise) in Australia;

the content is an eligible electronic publication.

27 At the end of Part IV Add:

31AA Corporation or prescribed companies to be the only providers of Commonwealth-funded international broadcasting services

The Commonwealth must not enter into a contract or other arrangement with a person or body other than:

(a) the Corporation; or (b) a prescribed company (within the meaning of section 25A);

if the contract or arrangement: (c) is for the provision of international broadcasting services;

and (d) provides for the Commonwealth to make payments to the

person or body.

14 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 Charters of the ABC and SBS etc. Part 2

28 After subsection 78(3) Insert:

(3A) If the Minister is of the opinion that the provision of particular content by the Corporation would be in the national interest, the Minister may direct the Corporation to provide that content on all of its digital media services or on such of them as are specified in the direction. If such a direction is given, the Corporation must provide that content, free of charge, in accordance with the direction.

29 At the end of paragraph 80(a) Add “and”.

30 After paragraph 80(a) Insert:

(b) particulars of each provision of content by the Corporation on a digital media service during the year to which the report relates in accordance with a direction by the Minister under subsection 78(3A); and

31 At the end of paragraph 80(c) Add “and”.

32 After paragraph 80(c) Insert:

(ca) particulars of any provision of content by the Corporation on a digital media service during that year in accordance with a direction by the Minister otherwise than under this Act; and

33 At the end of paragraph 80(d) Add “and”.

34 After paragraph 80(d) Insert:

(daa) particulars of any direction not to provide content on a digital media service that was given to the Corporation during that year by the Minister otherwise than under this Act; and

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

15

Schedule 1 Amendments Part 2 Charters of the ABC and SBS etc.

35 At the end of paragraphs 80(da), (e) and (g) Add “and”.

Special Broadcasting Service Act 1991

36 Section 3 Insert:

digital electronic communications means communications that: (a) are carried by means of guided and/or unguided

electromagnetic energy; and (b) involve the use of digital technology.

37 Section 3 Insert:

digital media service has the meaning given by section 3A.

38 After section 3 Insert:

3A Digital media service

(1) For the purposes of this Act, digital media service means: (a) a service that delivers content to persons having equipment

appropriate for receiving that content, where the delivery of the service is by means of digital electronic communications; or

(b) a service that allows end-users to access content using digital electronic communications;

but does not include: (c) a radio or television service; or (d) a datacasting service.

(2) For the purposes of this section, content means content: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or

16 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 Charters of the ABC and SBS etc. Part 2

(d) whether in the form of visual images (animated or otherwise); or

(e) whether in any other form; or (f) whether in any combination of forms.

39 Subsection 6(1) Omit “radio and television services”, substitute “radio, television and digital media services”.

40 Paragraphs 6(2)(g) and (h) Before “contribute”, insert “to the extent to which the function relates to radio and television services—”.

41 Subsection 11(2) Omit “subsection (3)”, substitute “subsections (3) and (3A)”.

42 After subsection 11(3) Insert:

(3A) The Minister must not give a direction in relation to the content to be provided on a digital media service.

43 After subsection 12(4) Insert:

(4A) If the Minister is of the opinion that the provision of particular content by the SBS would be in the national interest, the Minister may direct the SBS to provide that content on all of its digital media services or on such of them as are specified in the direction. If such a direction is given, the SBS must provide that content, free of charge, in accordance with the direction.

44 Subsections 12(5) and (6) After “direction”, insert “under this section”.

45 Section 45 (heading) Repeal the heading, substitute:

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

17

Schedule 1 Amendments Part 2 Charters of the ABC and SBS etc.

45 Advertising and sponsorship—broadcasting services

46 At the end of subsection 45(1) Add “on any of its broadcasting services”.

47 After section 45 Insert:

45A Advertising and sponsorship—digital media services

(1) The SBS may have advertisements and sponsorship announcements on any of its digital media services.

(2) The Board: (a) must develop and publicise guidelines on the kinds of

advertisements and sponsorship announcements that it is prepared to have on its digital media services; and

(b) may develop guidelines on other matters relating to advertisements and sponsorship announcements on its digital media services.

(3) The Board must, from time to time, revise any guidelines developed by it and must ensure that the guidelines as so developed, or as so developed and revised, are included in the corporate plan, within the statement of strategies and policies to be followed by the SBS to achieve its objectives.

(4) Without limiting the generality of subsection (2), the reference to kinds of advertisements and sponsorship announcements in that subsection includes a reference to such kinds of advertisements and sponsorship announcements identified by reference to products and services.

(5) For the purposes of this section, announcement includes an announcement in the form of text.

48 After paragraph 73(a) Insert:

(aa) particulars of any content provided by the SBS on a digital media service during the year because of a direction by the Minister under subsection 12(4A); and

18 Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

Amendments Schedule 1 Charters of the ABC and SBS etc. Part 2

49 After paragraph 73(b) Insert:

(ba) particulars of any content provided by the SBS on a digital media service during the year because of a direction by the Minister otherwise than under this Act; and

[Minister’s second reading speech made in— House of Representatives on 14 March 2013 Senate on 20 March 2013]

(56/13)

Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013 No. 29, 2013

ComLaw Authoritative Act C2013A00029

19


立法 修正 (1 文本) 修正 (1 文本)
无可用数据。

WIPO Lex编号 AU357