Prepared by the Office of Parliamentary Counsel, Canberra
Broadcasting Services Act 1992
No. 110, 1992 as amended
Compilation start date: 1 October 2013
Includes amendments up to: Act No. 103, 2013
This compilation has been split into 2 volumes
Volume 1: sections 1–218
Schedules 1 and 2
Volume 2: Schedules 4–7
Endnotes
Each volume has its own contents
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
About this compilation
This compilation
This is a compilation of the Broadcasting Services Act 1992 as in force on
1 October 2013. It includes any commenced amendment affecting the
legislation to that date.
This compilation was prepared on 3 October 2013.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment is affected by an application,
saving or transitional provision that is not included in this compilation, details
are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force,
details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have
effect in accordance with a provision of the law, details are included in the
endnotes.
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Broadcasting Services Act 1992 i
Contents
Schedule 4—Digital television broadcasting 17
Part 1—Introduction 17 1 Simplified outline ............................................................................17
2 Definitions.......................................................................................17
3 Analog mode ...................................................................................23
4 Digital mode ....................................................................................23
4A HDTV digital mode.........................................................................23
4B SDTV digital mode..........................................................................23
4C Simulcast-equivalent period for a licence area ................................23
4D Simulcast-equivalent period for a coverage area .............................24
5 Remote licence area.........................................................................24
5A SDTV multi-channelled commercial television broadcasting
service..............................................................................................24
5B HDTV multi-channelled commercial television broadcasting
service..............................................................................................25
5C SDTV multi-channelled national television broadcasting
service..............................................................................................25
5D HDTV multi-channelled national television broadcasting
service..............................................................................................26
5E Designated HDTV multi-channelled national television
broadcasting service ........................................................................26
5F Local market areas and digital-only local market areas ...................27
5H Reports on transmission blackspots .................................................28
5J Overlapping coverage areas.............................................................28
Part 2—Commercial television 29 6 Commercial television conversion scheme......................................29
6A Determination of simulcast period—metropolitan and
regional licence areas ......................................................................43
6B Determination of simulcast period—remote licence areas ..............45
7 Scheme may confer administrative powers on the ACMA..............45
7A Scheme may confer power to make digital channel plans ...............45
7AA Allotment of channels after the television licence area plan
comes into force ..............................................................................46
7B Revocation of multi-channelling election........................................46
8 Transmitter licences.........................................................................47
9 Submission of implementation plans to the ACMA ........................50
9A Areas exempt from digital transmission requirements—
commercial television broadcasting licensees .................................50
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10 Amendment of certain plans and guidelines ....................................53
11 Reviews and reports ........................................................................53
12 Ancillary or incidental provisions....................................................53
13 ACMA to have regard to datacasting allocation power ...................53
14 ACMA to have regard to special circumstances that apply in
remote licence areas ........................................................................53
15 Minister may give directions to the ACMA ....................................54
16 Variation of scheme.........................................................................54
17 Scheme to be a disallowable instrument ..........................................54
18 Processes to be public......................................................................54
Part 3—ABC/SBS television 55 19 National television conversion scheme............................................55
20 National broadcasters to give implementation plans to the
Minister ...........................................................................................64
21 Compliance with implementation plans...........................................67
21A Areas exempt from digital transmission requirements—
national broadcasters .......................................................................67
22 Scheme may confer administrative powers on the ACMA..............70
22A Scheme may confer power to make digital channel plans ...............70
22AA Allotment of channels after the television licence area plan
comes into force ..............................................................................70
23 Transmitter licences.........................................................................70
24 Amendment of certain plans and guidelines ....................................73
25 Reviews and reports ........................................................................73
26 Ancillary or incidental provisions....................................................73
27 ACMA to have regard to datacasting allocation power ...................73
28 ACMA to have regard to special circumstances that apply in
remote coverage areas .....................................................................74
29 Minister may give directions to the ACMA ....................................74
30 Variation of scheme.........................................................................74
31 Scheme to be a disallowable instrument ..........................................74
32 Scheme does not take effect until approved by the Minister ...........75
33 Processes to be public......................................................................75
34 Compliance with scheme.................................................................75
35 Simulcasting requirements ..............................................................75
35A Certain transmissions to be disregarded ..........................................75
35AA National broadcasters must provide HDTV multi-channelled
national television broadcasting service during simulcast
period etc. ........................................................................................76
36 Digital transmitter not to be used to provide a subscription
television broadcasting service etc. .................................................76
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Broadcasting Services Act 1992 iii
Part 4—Standards and HDTV quotas 78
Division 2—HDTV quotas and standards 78
37DAA This Division does not apply in relation to section 38C
licences ............................................................................................78
37DA This Division does not apply in relation to licences allocated
under subsection 40(1).....................................................................78
37E Non-remote areas—HDTV quotas for commercial television
broadcasting licensees .....................................................................78
37F Non-remote areas—HDTV quotas for national broadcasters ..........80
37G Remote areas—HDTV quotas for commercial television
broadcasting licensees .....................................................................81
37H Remote areas—HDTV quotas for national broadcasters .................82
37K Compliance by national broadcasters ..............................................82
37L High-definition television programs................................................83
37M Prime viewing hours........................................................................85
Division 5—Miscellaneous 86
41 Standards may incorporate other instruments ..................................86
Part 4A—Restrictions on televising anti-siphoning events 87
Division 1—Commercial television broadcasting services 87
41A SDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period if there is a core service etc. ................87
41B SDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period if there is a primary service etc............88
41C HDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period if there is a core service etc. ................90
41D HDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period if there is a primary service etc............91
41E SDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
after the end of the simulcast period etc. .........................................92
41F HDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
after the end of the simulcast period etc. .........................................94
41FA SDTV multi-channelled commercial television broadcasting
service provided under a section 38C licence—restrictions
on televising anti-siphoning events..................................................95
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41FB HDTV multi-channelled commercial television broadcasting
service provided under a section 38C licence—restrictions
on televising anti-siphoning events..................................................96
41G Primary commercial television broadcasting service.......................98
Division 2—National television broadcasting services 100
41H SDTV multi-channelled national television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period etc. .....................................................100
41J HDTV multi-channelled national television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period etc. .....................................................101
41K SDTV multi-channelled national television broadcasting
service—restrictions on televising anti-siphoning events
after the end of the simulcast period etc. .......................................102
41L HDTV multi-channelled national television broadcasting
service—restrictions on televising anti-siphoning events
after the end of the simulcast period etc. .......................................104
41LA SDTV multi-channelled national television broadcasting
service provided with the use of a satellite—restrictions on
televising anti-siphoning events ....................................................105
41LB HDTV multi-channelled national television broadcasting
service provided with the use of a satellite—restrictions on
televising anti-siphoning events ....................................................106
41M Primary national television broadcasting service...........................107
41N Primary satellite national television broadcasting service .............108
Part 5—Transmitter access regime 109 42 Simplified outline ..........................................................................109
43 Definitions.....................................................................................109
43A Designated associated facilities .....................................................110
44 Extended meaning of access..........................................................110
45 Access to broadcasting transmission towers ..................................111
45A Access to designated associated facilities......................................112
46 Access to sites of broadcasting transmission towers......................114
47 Terms and conditions of access .....................................................116
48 Code relating to access ..................................................................118
49 Arbitration—acquisition of property .............................................118
50 Relationship between this Part and the National
Transmission Network Sale Act 1998 ............................................119
Part 6—Collection of datacasting charge 120 51 Collection of datacasting charge....................................................120
52 Cancellation of certain exemptions from datacasting charge.........121
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Broadcasting Services Act 1992 v
Part 7—Injunctions 122 54 Injunctions.....................................................................................122
55 Interim injunctions.........................................................................123
56 Discharge etc. of injunctions .........................................................123
57 Certain limits on granting injunctions not to apply........................123
58 Other powers of the court unaffected ............................................124
Part 8—Reviews 125
Part 10—Review of decisions 126 62 Review by the AAT.......................................................................126
63 Notification of decisions to include notification of reasons
and appeal rights............................................................................127
Part 11—Regional equalisation plan 128 64 Regional equalisation plan.............................................................128
Schedule 5—Online services 130
Part 1—Introduction 130 2 Simplified outline ..........................................................................130
3 Definitions.....................................................................................131
5 Internet content that consists of a film...........................................133
7 Extended meaning of use...............................................................133
Part 2—Internet service providers 134 8 Internet service providers ..............................................................134
9 Supply to the public.......................................................................134
Part 4—Complaints to, and investigations by, the ACMA 136
Division 1—Making of complaints to the ACMA 136
23 Complaints about breaches of online provider rules etc. ...............136
24 Form of complaint .........................................................................136
25 Residency etc. of complainant .......................................................136
Division 2—Investigations by the ACMA 137
26 Investigation of complaints by the ACMA....................................137
27 ACMA may investigate matters on its own initiative ....................137
28 Conduct of investigations ..............................................................137
29 Protection from civil proceedings..................................................138
Division 4—Action to be taken in relation to a complaint about
prohibited content hosted outside Australia 139
40 Action to be taken in relation to a complaint about prohibited
content hosted outside Australia ....................................................139
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41 Deferral of action in order to avoid prejudicing a criminal
investigation ..................................................................................141
42 Withdrawal of notification of content—reclassification of
internet content ..............................................................................141
43 Withdrawal of notification of content—reclassification of
internet content that consists of a film or a computer game...........142
44 Revocation of standard access-prevention notice—
reclassification of internet content.................................................142
45 Revocation of standard access-prevention notice—
reclassification of internet content that consists of a film or a
computer game ..............................................................................143
46 Anti-avoidance—notified internet content ....................................144
47 Anti-avoidance—special access-prevention notice........................145
48 Compliance with access-prevention notices ..................................146
49 Notification of internet content......................................................146
50 Application of notifications under this Division............................146
51 ACMA may be taken to have issued access-prevention
notices............................................................................................146
Part 5—Industry codes and industry standards 148
Division 1—Simplified outline 148
52 Simplified outline ..........................................................................148
Division 2—Interpretation 149
53 Industry codes................................................................................149
54 Industry standards..........................................................................149
55 Internet activity..............................................................................149
56 Section of the internet industry......................................................149
57 Participants in a section of the internet industry ............................149
58 Designated body ............................................................................149
Division 3—General principles relating to industry codes and
industry standards 150
59 Statement of regulatory policy.......................................................150
60 Matters that must be dealt with by industry codes and
industry standards..........................................................................150
61 Industry codes and industry standards not to deal with
certain matters ...............................................................................154
Division 4—Industry codes 155
62 Registration of industry codes .......................................................155
63 ACMA may request codes.............................................................156
64 Publication of notice where no body or association
represents a section of the internet industry...................................157
65 Replacement of industry codes ......................................................158
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66 Compliance with industry codes....................................................158
67 Formal warnings—breach of industry codes .................................158
Division 5—Industry standards 159
68 ACMA may determine an industry standard if a request for
an industry code is not complied with ...........................................159
69 ACMA may determine industry standard where no industry
body or association formed............................................................160
70 ACMA may determine industry standards—total failure of
industry codes................................................................................160
71 ACMA may determine industry standards—partial failure of
industry codes................................................................................162
72 Compliance with industry standards..............................................163
73 Formal warnings—breach of industry standards ...........................163
74 Variation of industry standards......................................................164
75 Revocation of industry standards...................................................164
76 Public consultation on industry standards......................................164
77 Consultation with designated body................................................165
Division 6—Register of industry codes and industry standards 166
78 ACMA to maintain Register of industry codes and industry
standards........................................................................................166
Part 6—Online provider rules 167 79 Online provider rules .....................................................................167
80 Online provider determinations .....................................................167
81 Exemptions from online provider determinations .........................168
82 Compliance with online provider rules..........................................168
83 Remedial directions—breach of online provider rules ..................168
84 Formal warnings—breach of online provider rules .......................169
85 Federal Court may order a person to cease supplying internet
carriage services ............................................................................169
Part 7—Offences 171 86 Continuing offences.......................................................................171
87 Conduct by directors, employees and agents .................................171
Part 8—Protection from civil and criminal proceedings 174 88 Protection from civil proceedings—internet service
providers........................................................................................174
Part 9—Operation of State and Territory laws etc. 175 90 Concurrent operation of State and Territory laws..........................175
91 Liability of internet content hosts and internet service
providers under State and Territory laws etc. ................................175
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viii Broadcasting Services Act 1992
Part 10—Review of decisions 177 92 Review by the AAT.......................................................................177
93 Notification of decisions to include notification of reasons
and appeal rights............................................................................177
Part 11—Miscellaneous 178 94 Additional ACMA functions .........................................................178
95 Review before 1 January 2003 ......................................................178
96 Schedule not to affect performance of State or Territory
functions ........................................................................................179
Schedule 6—Datacasting services 180
Part 1—Introduction 180 1 Simplified outline ..........................................................................180
2 Definitions.....................................................................................181
2A Designated datacasting service ......................................................184
3 Educational programs ....................................................................184
4 Information-only programs............................................................185
5 Foreign-language news or current affairs programs ......................187
6 Datacasting content is taken not to be a television program or
a radio program etc. .......................................................................187
Part 2—Datacasting licences 188 7 Allocation of datacasting licence...................................................188
8 When datacasting licence must not be allocated............................188
9 Unsuitable applicant ......................................................................188
10 Transfer of datacasting licences.....................................................189
11 Surrender of datacasting licences ..................................................190
12 ACMA to maintain Register of datacasting licences that are
not restricted datacasting licences..................................................190
12A ACMA to maintain Register of restricted datacasting
licences ..........................................................................................190
Part 3—Conditions of datacasting licences 191
Division 1—Genre conditions 191
13 Category A television programs ....................................................191
14 Condition relating to category A television programs ...................192
15 Category B television programs ....................................................193
16 Condition relating to category B television programs ...................194
17 Genre conditions do not apply to Parliamentary proceedings
etc. .................................................................................................195
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Broadcasting Services Act 1992 ix
18 Genre conditions do not apply to matter that consists of no
more than text or still visual images etc.........................................196
18A Genre conditions do not apply to advertising or sponsorship
material..........................................................................................197
19 Genre conditions do not apply to interactive computer games ......197
20 Genre conditions do not apply to internet carriage services or
ordinary electronic mail.................................................................197
20AA Genre conditions do not apply to certain content copied from
the internet.....................................................................................197
Division 2—Audio content condition 199
21 Audio content condition ................................................................199
22 Audio content condition does not apply to Parliamentary
proceedings etc. .............................................................................200
23 Audio content condition does not apply to matter that
consists of no more than text or still visual images etc. .................201
23A Audio content condition does not apply to advertising or
sponsorship material ......................................................................201
Division 2A—Genre conditions: anti-avoidance 202
23B Anti-avoidance—declared internet carriage services.....................202
Division 3—Other conditions 203
24 General conditions.........................................................................203
24A Special conditions for restricted datacasting licences ....................205
25 Suitability condition ......................................................................205
26 Additional conditions imposed by the ACMA ..............................206
27 Restricted access system................................................................207
Division 4—Exemption orders for content copied from the
internet 208
27A Exemption orders in relation to content copied from the
internet...........................................................................................208
Part 4—Codes of practice 209 28 Development of codes of practice .................................................209
29 Review by the ACMA ...................................................................212
30 ACMA to maintain Register of codes of practice..........................213
31 ACMA may determine standards where codes of practice fail
or where no code of practice developed ........................................213
32 Consultation on standards..............................................................213
33 Notification of determination or variation or revocation of
standards........................................................................................214
34 Limitation of ACMA’s power in relation to standards ..................214
35 This Part does not apply to internet carriage services or
ordinary electronic mail.................................................................214
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x Broadcasting Services Act 1992
35A This Part does not apply to the ABC or SBS .................................214
Part 5—Complaints to the ACMA about datacasting services 215 36 Complaints about offences or breach of licence conditions...........215
37 Complaints under codes of practice...............................................215
38 Investigation of complaints by the ACMA....................................216
Part 6—Control of datacasting transmitter licences 217 41 Datacasting transmitter licences not to be controlled by ABC
or SBS ...........................................................................................217
Part 7—Nominated datacaster declarations 218 42 Object of this Part..........................................................................218
43 Datacasting transmitter licence......................................................218
44 Applications for nominated datacaster declarations ......................218
45 Making a nominated datacaster declaration...................................219
46 Effect of nominated datacaster declaration....................................219
47 Revocation of nominated datacaster declaration............................220
48 Register of nominated datacaster declarations...............................221
Part 8—Remedies for breaches of licensing provisions 222
Division 1—Providing a designated datacasting service without a
licence 222
49 Prohibition on providing a designated datacasting service
without a licence............................................................................222
50 Remedial directions—unlicensed datacasting services..................222
51 Exemption for broadcasting licensees etc......................................223
51A Exemption for designated teletext services....................................224
Division 2—Breaches of licence conditions 225
52 Offence for breach of conditions ...................................................225
52A Civil penalty provision relating to breach of conditions of
datacasting licences .......................................................................225
53 Remedial directions—breach of conditions...................................226
54 Suspension and cancellation ..........................................................227
55 Injunctions.....................................................................................228
56 Federal Court’s powers relating to injunctions ..............................229
57 Stay of proceedings relating to additional licence conditions,
remedial directions and suspension/cancellation decisions ...........230
Part 9—Review of decisions 233 58 Review by the Administrative Appeals Tribunal...........................233
59 Notification of decisions to include notification of reasons
and appeal rights............................................................................234
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Broadcasting Services Act 1992 xi
Schedule 7—Content services 235
Part 1—Introduction 235 1 Simplified outline ..........................................................................235
2 Definitions.....................................................................................237
3 Australian connection ....................................................................246
4 Hosting service ..............................................................................247
5 Content service provider................................................................247
6 When content is provided by a content service..............................247
7 When content service is provided to the public etc........................248
8 Links to content .............................................................................248
9 Services supplied by way of a voice call or video call...................248
9A Ancillary subscription television content service ..........................248
10 Classification of live content etc....................................................249
11 Eligible electronic publication.......................................................250
12 Re-transmitted broadcasting services ............................................251
13 Re-transmitted datacasting services...............................................251
14 Restricted access system................................................................251
15 R 18+ content and MA 15+ content ..............................................252
16 Content that consists of a film .......................................................253
17 Extended meaning of use...............................................................253
18 Trained content assessor ................................................................253
19 Extra-territorial application ...........................................................254
Part 2—Classification of content 255
Division 1—Prohibited content and potential prohibited content 255
20 Prohibited content..........................................................................255
21 Potential prohibited content...........................................................256
Division 2—Classification of content 257
22 Applications for classification of content ......................................257
23 Classification of content ................................................................258
24 Classification of content that consists of a film, a computer
game or an eligible electronic publication .....................................258
25 Classification of content that does not consist of a film, a
computer game or an eligible electronic publication .....................259
26 Deemed classification of content classified under Schedule 5.......259
27 Fees ...............................................................................................260
Division 3—Reclassification 262
28 Reclassification of content.............................................................262
29 Notice of intention to reclassify content ........................................262
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xii Broadcasting Services Act 1992
Division 4—Review of classification decisions 264
Subdivision A—Review of classification of content 264
30 Persons who may apply for review................................................264
31 Applications for review .................................................................265
32 Classification Review Board may refuse to deal with review
applications that are frivolous etc. .................................................266
33 Review...........................................................................................266
Subdivision B—Review of content that consists of a film or a
computer game 266
34 Review of classification of content that consists of a film or
a computer game............................................................................266
Subdivision C—Review of content that consists of an eligible
electronic publication 267
35 Review of classification of content that consists of an
eligible electronic publication........................................................267
Division 5—Miscellaneous 268
36 Decisions of the Classification Board etc. .....................................268
Part 3—Complaints to, and investigations by, the ACMA 269
Division 1—Making of complaints to the ACMA 269
37 Complaints about prohibited content or potential prohibited
content ...........................................................................................269
38 Complaints relating to breach of a designated
content/hosting service provider rule etc. ......................................271
39 Form of complaint .........................................................................271
40 Recordings of live content .............................................................271
41 Residency etc. of complainant .......................................................272
42 Escalation of complaints made under industry codes etc...............272
Division 2—Investigations by the ACMA 274
43 Investigation of complaints by the ACMA....................................274
44 ACMA may investigate matters on its own initiative ....................274
45 Conduct of investigations ..............................................................275
46 Protection from civil proceedings..................................................275
Division 3—Action to be taken in relation to hosting services 276
47 Action to be taken in relation to hosting services ..........................276
48 Revocation of interim take-down notices—voluntary
withdrawal of content ....................................................................280
49 Revocation of final take-down notices—reclassification of
content ...........................................................................................280
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Broadcasting Services Act 1992 xiii
50 Revocation of final take-down notices—reclassification of
content that consists of a film or a computer game........................281
51 Revocation of final take-down notices—reclassification of a
corresponding print publication.....................................................281
52 Anti-avoidance—special take-down notices..................................282
53 Compliance with rules relating to prohibited content etc. .............283
54 Identification of content.................................................................284
55 Application of notices under this Division ....................................284
Division 4—Action to be taken in relation to live content services 285
56 Action to be taken in relation to live content services ...................285
57 Undertaking—alternative to service-cessation notice....................288
58 Revocation of service-cessation notices—undertaking..................288
59 Revocation of final service-cessation notices—
reclassification of content ..............................................................289
59A Anti-avoidance—special service-cessation notices .......................289
60 Compliance with rules relating to prohibited content etc. .............291
61 Identification of content.................................................................292
Division 5—Action to be taken in relation to links services 293
62 Action to be taken in relation to links services ..............................293
63 Revocation of interim link-deletion notices—voluntary
deletion of link...............................................................................297
64 Revocation of final link-deletion notices—reclassification of
content ...........................................................................................297
65 Revocation of final link-deletion notices—reclassification of
content that consists of a film or a computer game........................298
66 Revocation of final link-deletion notices—reclassification of
a corresponding print publication ..................................................298
67 Anti-avoidance—special link-deletion notices ..............................299
68 Compliance with rules relating to prohibited content etc. .............300
Division 6—Law enforcement agencies 302
69 Referral of matters to law enforcement agencies ...........................302
70 Deferral of action in order to avoid prejudicing a criminal
investigation—hosting services .....................................................303
71 Deferral of action in order to avoid prejudicing a criminal
investigation—live content services ..............................................303
72 Deferral of action in order to avoid prejudicing a criminal
investigation—links services .........................................................304
Part 4—Industry codes and industry standards 305
Division 1—Simplified outline 305
73 Simplified outline ..........................................................................305
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Division 2—Interpretation 306
74 Industry codes................................................................................306
75 Industry standards..........................................................................306
76 Content activity .............................................................................306
77 Sections of the content industry.....................................................306
78 Participants in a section of the content industry ............................307
79 Designated body ............................................................................307
Division 3—General principles relating to industry codes and
industry standards 308
80 Statement of regulatory policy.......................................................308
81 Matters that must be dealt with by industry codes and
industry standards—commercial content providers.......................308
82 Examples of matters that may be dealt with by industry
codes and industry standards .........................................................310
83 Escalation of complaints................................................................312
84 Collection of personal information ................................................312
Division 4—Industry codes 313
85 Registration of industry codes .......................................................313
86 ACMA may request codes.............................................................314
87 Publication of notice where no body or association
represents a section of the content industry ...................................315
88 Replacement of industry codes ......................................................315
89 Compliance with industry codes....................................................316
90 Formal warnings—breach of industry codes .................................316
Division 5—Industry standards 317
91 ACMA may determine an industry standard if a request for
an industry code is not complied with ...........................................317
92 ACMA may determine industry standard where no industry
body or association formed............................................................318
93 ACMA may determine industry standards—total failure of
industry codes................................................................................318
94 ACMA may determine industry standards—partial failure of
industry codes................................................................................320
95 Compliance with industry standards..............................................321
96 Formal warnings—breach of industry standards ...........................321
97 Variation of industry standards......................................................322
98 Revocation of industry standards...................................................322
99 Public consultation on industry standards......................................322
100 Consultation with designated body................................................323
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Division 6—Register of industry codes and industry standards 324
101 ACMA to maintain Register of industry codes and industry
standards........................................................................................324
Division 7—Miscellaneous 325
102 Industry codes may provide for matters by reference to other
instruments ....................................................................................325
103 Industry standards may provide for matters by reference to
other instruments ...........................................................................325
Part 5—Designated content/hosting service provider
determinations 326 104 Designated content/hosting service provider determinations.........326
105 Exemptions from designated content/hosting service
provider determinations.................................................................326
Part 6—Enforcement 328 106 Compliance with designated content/hosting service provider
rules—offence ...............................................................................328
107 Compliance with designated content/hosting service provider
rules—civil penalty provision........................................................328
108 Remedial directions—breach of designated content/hosting
service provider rules ....................................................................329
109 Formal warnings—breach of designated content/hosting
service provider rules ....................................................................330
110 Federal Court may order a person to cease providing
designated content/hosting services...............................................330
Part 7—Protection from civil and criminal proceedings 331 111 Protection from civil proceedings—service providers...................331
112 Protection from criminal proceedings—ACMA,
Classification Board and Classification Review Board .................331
Part 8—Review of decisions 333 113 Review by the Administrative Appeals Tribunal...........................333
Part 9—Miscellaneous 336 114 Additional ACMA functions .........................................................336
115 Recordings of content etc. .............................................................336
116 Samples of content to be submitted for classification....................337
117 Service of summons, process or notice on corporations
incorporated outside Australia .......................................................337
117A Meaning of broadcasting service ..................................................338
118 Review...........................................................................................338
119 This Schedule does not limit Schedule 5 .......................................338
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xvi Broadcasting Services Act 1992
120 This Schedule does not limit the Telecommunications Act
1997...............................................................................................338
121 Implied freedom of political communication.................................339
122 Concurrent operation of State and Territory laws..........................339
123 Schedule not to affect performance of State or Territory
functions ........................................................................................339
Endnotes 340
Endnote 1—About the endnotes 340
Endnote 2—Abbreviation key 342
Endnote 3—Legislation history 343
Endnote 4—Amendment history 357
Endnote 5—Uncommenced amendments 411
Australian Charities and Not-for-profits Commission (Consequential
and Transitional) Act 2012 (No. 169, 2012)..................................411
Endnote 6—Modifications [none] 412
Endnote 7—Misdescribed amendments [none] 412
Endnote 8—Miscellaneous [none] 412
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Digital television broadcasting Schedule 4
Introduction Part 1
Clause 1
Broadcasting Services Act 1992 17
Schedule 4—Digital television broadcasting Note: See section 216A.
Part 1—Introduction
1 Simplified outline
The following is a simplified outline of this Schedule:
• The ACMA is to formulate schemes for the conversion, over
time, of the transmission of television broadcasting services
from analog mode to digital mode.
• There is to be a simulcast period throughout which
broadcasters are to transmit their television programs in both
analog mode and SDTV digital mode.
• At the end of the simulcast period, analog transmissions are to
cease.
• Broadcasters must meet standards relating to quotas for the
transmission of programs in HDTV digital mode.
• Broadcasters will be allowed to use spare transmission
capacity on digital transmission channels to provide
datacasting services.
• Owners and operators of broadcasting transmission towers
must give digital broadcasters and datacasters access to the
towers for the purposes of installing or maintaining digital
transmitters.
• There are to be reviews before specified dates of certain
elements of the digital television regulatory regime.
2 Definitions
In this Schedule, unless the contrary intention appears:
AAT means the Administrative Appeals Tribunal.
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Schedule 4 Digital television broadcasting
Part 1 Introduction
Clause 2
18 Broadcasting Services Act 1992
broadcasting transmission tower means:
(a) a tower; or
(b) a pole; or
(c) a mast; or
(d) a similar structure;
used to supply:
(e) a broadcasting service by means of radiocommunications
using the broadcasting services bands; or
(f) a datacasting service provided under, and in accordance with
the conditions of, a datacasting licence.
commercial television broadcasting service means a commercial
broadcasting service that provides television programs.
commercial television conversion scheme means a scheme under
clause 6.
coverage area means:
(a) a metropolitan coverage area; or
(b) a regional coverage area.
Note: For overlapping coverage areas, see clause 5J.
designated HDTV multi-channelled national television
broadcasting service has the meaning given by clause 5E.
designated teletext service means a teletext service provided by a
commercial television broadcasting licensee, where:
(a) the licensee provided the service throughout the 2-year
period ending immediately before the commencement of
Schedule 6; and
(b) the service remains substantially the same as the service
provided throughout that 2-year period.
digital-only local market area has the meaning given by clause 5F.
exempt licence means a commercial television broadcasting
licence allocated under section 38B for a remote licence area.
exempt remote area service has the meaning given by
subclause 6(7F).
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Digital television broadcasting Schedule 4
Introduction Part 1
Clause 2
Broadcasting Services Act 1992 19
HDTV commercial television format standard means:
(a) if the licence area concerned is not a remote licence area—a
standard under section 130A that relates to the format in
which television programs are to be transmitted in HDTV
digital mode by commercial television broadcasting licensees
in such a licence area, where the relevant service is not
transmitted using a transmitter operated under the authority
of a transmitter licence issued as mentioned under
subclause 8(8); or
(b) if the licence area concerned is a remote licence area—a
standard under section 130A that relates to the format in
which television programs are to be transmitted in HDTV
digital mode by commercial television broadcasting licensees
in such a licence area, where the relevant service is not
transmitted using a transmitter operated under the authority
of a transmitter licence issued as mentioned under
subclause 8(10A).
HDTV digital mode has the meaning given by clause 4A.
HDTV multi-channelled commercial television broadcasting
service has the meaning given by clause 5B.
HDTV multi-channelled national television broadcasting service
has the meaning given by clause 5D.
HDTV national television format standard means:
(a) if the coverage area concerned is not a remote coverage
area—a standard under section 130A that relates to the
format in which television programs are to be transmitted in
HDTV digital mode by national broadcasters in such a
coverage area, where the relevant service is not transmitted
using a transmitter operated under the authority of a
transmitter licence issued as mentioned under
subclause 23(8); or
(b) if the coverage area concerned is a remote coverage area—a
standard under section 130A that relates to the format in
which television programs are to be transmitted in HDTV
digital mode by national broadcasters in such a coverage
area, where the relevant service is not transmitted using a
transmitter operated under the authority of a transmitter
licence issued as mentioned under subclause 23(10A).
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Schedule 4 Digital television broadcasting
Part 1 Introduction
Clause 2
20 Broadcasting Services Act 1992
licence area means a licence area for a commercial television
broadcasting licence.
local market area has the meaning given by clause 5F.
metropolitan coverage area means an area that corresponds to a
metropolitan licence area.
metropolitan licence area means a licence area in which is situated
the General Post Office of the capital city of:
(a) New South Wales; or
(b) Victoria; or
(c) Queensland; or
(d) Western Australia; or
(e) South Australia;
but does not include the licence area of a commercial television
broadcasting licence allocated under section 38c.
national broadcasting service does not include a broadcasting
service provided under the Parliamentary Proceedings
Broadcasting Act 1946.
national radio broadcasting service means a national broadcasting
service that provides radio programs.
national television broadcasting service means a national
broadcasting service that provides television programs.
national television conversion scheme means a scheme under
clause 19.
news or current affairs program means any of the following:
(a) a news bulletin;
(b) a sports news bulletin;
(c) a program (whether presenter-based or not) whose sole or
dominant purpose is to provide analysis, commentary or
discussion principally designed to inform the general
community about social, economic or political issues of
current relevance to the general community.
parent licence means a commercial television broadcasting licence
referred to in subsection 38B(1) as a parent licence.
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Digital television broadcasting Schedule 4
Introduction Part 1
Clause 2
Broadcasting Services Act 1992 21
primary commercial television broadcasting service, in relation to
a commercial television broadcasting licence, has the meaning
given by clause 41G.
primary national television broadcasting service, in relation to a
national broadcaster, has the meaning given by clause 41M.
primary satellite national television broadcasting service, in
relation to a national broadcaster, has the meaning given by
clause 41N.
radiocommunication has the same meaning as in the
Radiocommunications Act 1992.
regional coverage area means an area that corresponds to a
regional licence area.
regional licence area means a licence area that is not a
metropolitan licence area, but does not include the licence area of a
commercial television broadcasting licence allocated under
section 38c.
remote coverage area means an area that corresponds to a remote
licence area.
remote licence area has the meaning given by clause 5.
satellite delivery area means an area that corresponds to the licence
area of a commercial television broadcasting licence allocated
under section 38c.
SDTV commercial television format standard means:
(a) if the licence area concerned is not a remote licence area—a
standard under section 130A that relates to the format in
which television programs are to be transmitted in SDTV
digital mode by commercial television broadcasting licensees
in such a licence area; or
(b) if the licence area concerned is a remote licence area—a
standard under section 130A that relates to the format in
which television programs are to be transmitted in SDTV
digital mode by commercial television broadcasting licensees
in such a licence area.
SDTV digital mode has the meaning given by clause 4B.
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Schedule 4 Digital television broadcasting
Part 1 Introduction
Clause 2
22 Broadcasting Services Act 1992
SDTV multi-channelled commercial television broadcasting
service has the meaning given by clause 5A.
SDTV multi-channelled national television broadcasting service
has the meaning given by clause 5c.
SDTV national television format standard means:
(a) if the coverage area concerned is not a remote coverage
area—a standard under section 130A that relates to the
format in which television programs are to be transmitted in
SDTV digital mode by national broadcasters in such a
coverage area; or
(b) if the coverage area concerned is a remote coverage area—a
standard under section 130A that relates to the format in
which television programs are to be transmitted in SDTV
digital mode by national broadcasters in such a coverage
area.
simulcast-equivalent period:
(a) in relation to a commercial television broadcasting service—
has the meaning given by clause 4C; or
(b) in relation to a national television broadcasting service—has
the meaning given by clause 4D.
simulcast period:
(a) in relation to a commercial television broadcasting service
where the licence area concerned is a metropolitan licence
area or a regional licence area, but not a remote licence
area—has the meaning given by paragraph 6(3)(c) of this
Schedule; and
(b) in relation to a commercial television broadcasting service
where the licence area concerned is a remote licence area—
has the meaning given by subclause 6(7) of this Schedule;
and
(c) in relation to a national television broadcasting service where
the coverage area concerned is not a remote coverage area—
has the meaning given by paragraph 19(3)(c) of this
Schedule; and
(d) in relation to a national television broadcasting service where
the coverage area concerned is a remote coverage area—has
the meaning given by subclause 19(7) of this Schedule.
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Digital television broadcasting Schedule 4
Introduction Part 1
Clause 3
Broadcasting Services Act 1992 23
television broadcasting service means:
(a) a commercial television broadcasting service; or
(b) a national television broadcasting service.
transmitter licence has the same meaning as in the
Radiocommunications Act 1992.
3 Analog mode
For the purposes of this Schedule, a program or service is
broadcast or transmitted in analog mode if the program or service
is broadcast or transmitted using an analog modulation technique.
4 Digital mode
For the purposes of this Schedule, a program or service is
broadcast or transmitted in digital mode if the program or service
is broadcast or transmitted using a digital modulation technique.
4A HDTV digital mode
For the purposes of this Schedule, a television program or a
television broadcasting service is broadcast or transmitted in
HDTV digital mode if the program or service is broadcast or
transmitted in digital mode in a high definition format.
4B SDTV digital mode
For the purposes of this Schedule, a program or a television
broadcasting service is broadcast or transmitted in SDTV digital
mode if the program or service is broadcast or transmitted in digital
mode in a standard definition format.
4C Simulcast-equivalent period for a licence area
(1) If there is no simulcast period for a licence area of a commercial
television broadcasting licence, the ACMA may, by legislative
instrument, declare that a specified period is the
simulcast-equivalent period for the licence area.
(2) Subclause (1) does not apply to a commercial television
broadcasting licence allocated under section 38c.
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Schedule 4 Digital television broadcasting
Part 1 Introduction
Clause 4D
24 Broadcasting Services Act 1992
4D Simulcast-equivalent period for a coverage area
If there is no simulcast period for a coverage area in relation to a
national television broadcasting service, the ACMA may, by
legislative instrument, declare that a specified period is the
simulcast-equivalent period for the coverage area.
5 Remote licence area
(1) The ACMA may, by writing, determine that a specified licence
area is a remote licence area for the purposes of this Schedule.
(1A) Subclause (1) does not apply to the licence area of a commercial
television broadcasting licence allocated under section 38c.
(2) A determination under this clause has effect accordingly.
(3) A determination under this clause is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.
5A SDTV multi-channelled commercial television broadcasting
service
(1) For the purposes of this Schedule, a commercial television
broadcasting service is a SDTV multi-channelled commercial
television broadcasting service if:
(a) the service is provided by a commercial television
broadcasting licensee; and
(b) the service is transmitted in SDTV digital mode:
(i) using multi-channelling transmission capacity; or
(ii) with the use of a satellite; and
(c) the service is promoted as a service that is distinct from any
other commercial television broadcasting service provided by
the licensee; and
(d) the service is not the core commercial television broadcasting
service.
(2) Paragraph (1)(d) ceases to have effect at the end of the simulcast
period, or simulcast-equivalent period, for the licence area
concerned.
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Digital television broadcasting Schedule 4
Introduction Part 1
Clause 5B
Broadcasting Services Act 1992 25
5B HDTV multi-channelled commercial television broadcasting
service
For the purposes of this Schedule, a commercial television
broadcasting service is a HDTV multi-channelled commercial
television broadcasting service if:
(a) the service is provided by a commercial television
broadcasting licensee; and
(b) the service is transmitted in HDTV digital mode:
(i) using multi-channelling transmission capacity; or
(ii) with the use of a satellite; and
(c) the service is promoted as a service that is distinct from any
other commercial television broadcasting service provided by
the licensee.
5C SDTV multi-channelled national television broadcasting service
(1) For the purposes of this Schedule, a national television
broadcasting service is a SDTV multi-channelled national
television broadcasting service if:
(a) the service is provided by:
(i) the Australian Broadcasting Corporation in accordance
with section 6 of the Australian Broadcasting
Corporation Act 1983; or
(ii) the Special Broadcasting Service Corporation in
accordance with section 6 of the Special Broadcasting
Service Act 1991; and
(b) the service is transmitted in SDTV digital mode:
(i) using multi-channelling transmission capacity; or
(ii) with the use of a satellite; and
(c) the service is promoted as a service that is distinct from any
other national television broadcasting service provided by the
Corporation concerned; and
(d) the Corporation concerned has given the Minister a written
notice electing that this subclause apply to the service.
(2) A notice under paragraph (1)(d) has no effect if:
(a) the notice relates to a national television broadcasting service
transmitted by the Corporation concerned in a coverage area;
and
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Schedule 4 Digital television broadcasting
Part 1 Introduction
Clause 5D
26 Broadcasting Services Act 1992
(b) as a result of the notice being given, clause 19 would not
apply to any national television broadcasting service
provided by the Corporation in the coverage area.
(3) Subclause (2) ceases to have effect at the end of the simulcast
period, or simulcast-equivalent period, for the coverage area
concerned.
(4) Paragraph (1)(d) does not apply to a national television
broadcasting service provided with the use of a satellite.
5D HDTV multi-channelled national television broadcasting service
For the purposes of this Schedule, a national television
broadcasting service is a HDTV multi-channelled national
television broadcasting service if:
(a) the service is provided by:
(i) the Australian Broadcasting Corporation in accordance
with section 6 of the Australian Broadcasting
Corporation Act 1983; or
(ii) the Special Broadcasting Service Corporation in
accordance with section 6 of the Special Broadcasting
Service Act 1991; and
(b) the service is transmitted in HDTV digital mode:
(i) using multi-channelling transmission capacity; or
(ii) with the use of a satellite; and
(c) the service is promoted as a service that is distinct from any
other national television broadcasting service provided by the
Corporation concerned.
5E Designated HDTV multi-channelled national television
broadcasting service
(1) For the purposes of this Schedule, a designated HDTV
multi-channelled national television broadcasting service
provided by a national broadcaster in a coverage area is:
(a) if the national broadcaster provides a single HDTV
multi-channelled national television broadcasting service in
the coverage area—that service; or
(b) subject to subclauses (2) and (3), if the national broadcaster
provides 2 or more HDTV multi-channelled national
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Digital television broadcasting Schedule 4
Introduction Part 1
Clause 5F
Broadcasting Services Act 1992 27
television broadcasting services in the coverage area—each
of those services.
(2) Paragraph (1)(b) does not apply to a HDTV multi-channelled
national television broadcasting service provided by a national
broadcaster in a coverage area if the national broadcaster gives the
Minister a written notice electing that paragraph (1)(b) not apply to
the service.
(3) A notice under subclause (2) has no effect if, as a result of the
notice being given, paragraph (1)(b) would not apply to any of the
HDTV multi-channelled national television broadcasting services
provided by the national broadcaster in the coverage area.
5F Local market areas and digital-only local market areas
(1) The Minister may, by legislative instrument:
(a) determine that a specified area is a local market area for the
purposes of this Schedule; and
(b) determine that that area becomes a digital-only local market
area for the purposes of this Schedule at a specified time.
(2) An area must not be specified under paragraph (1)(a) unless it is
wholly included in a licence area.
(3) A time must not be specified under paragraph (1)(b) unless it falls
within the simulcast period for the licence area concerned.
(4) A subclause (1) determination is irrevocable.
Variation
(5) The Minister may, by legislative instrument, vary a subclause (1)
determination.
(6) The Minister must not vary a subclause (1) determination after the
time specified in the determination.
(10) Subclause (5) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 to other instruments under this
Act.
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Schedule 4 Digital television broadcasting
Part 1 Introduction
Clause 5H
28 Broadcasting Services Act 1992
Consultation
(11) Before making or varying a subclause (1) determination, the
Minister must consult the ACMA.
5H Reports on transmission blackspots
On the first sitting day of each House of the Parliament after each
1 January, 1 April, 1 July and 1 October from 1 April 2009 until
1 September 2014, the Minister must cause a report to be laid
before each House of the Parliament containing the following
information:
(a) action taken to identify and rectify transmission
infrastructure that would otherwise prevent the transmission
of free to air television broadcasting services in SDTV digital
mode in any area achieving the same level of coverage and
potential reception quality as was achieved by the
transmission of those services in analog mode; and
(b) the local market areas and regions where transmission issues
have been identified and how many households will be
affected.
5J Overlapping coverage areas
If:
(a) apart from this clause, a coverage area (the first coverage
area) overlaps with another coverage area; and
(b) the last day of the simulcast period for the first coverage area
is earlier than the last day of the simulcast period for the
other coverage area;
this Schedule has effect as if the area of overlap were not part of
the first coverage area.
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Digital television broadcasting Schedule 4
Commercial television Part 2
Clause 6
Broadcasting Services Act 1992 29
Part 2—Commercial television
6 Commercial television conversion scheme
(1) As soon as practicable after the commencement of this clause, the
ACMA must, by writing, formulate a scheme (the commercial
television conversion scheme) for the conversion, over time, of the
transmission of commercial television broadcasting services from
analog mode to digital mode.
(2) The commercial television conversion scheme is to be divided into
the following Parts:
(a) Part A, which is to deal with licence areas that are not remote
licence areas;
(b) Part B, which is to deal with remote licence areas.
Policy objectives
(3) Part A of the commercial television conversion scheme must be
directed towards ensuring the achievement of the following policy
objectives:
(a) the objective that each holder of a commercial television
broadcasting licence for a metropolitan licence area is
required to commence transmitting the commercial television
broadcasting service concerned in SDTV digital mode in that
area on 1 January 2001;
(b) the objective that each holder of a commercial television
broadcasting licence for a regional licence area is required to
commence transmitting the commercial television
broadcasting service concerned in SDTV digital mode in that
area by such date during the period:
(i) beginning on 1 January 2001; and
(ii) ending immediately before 1 January 2004;
as the ACMA determines under the scheme;
(c) the objective that there should be a transitional period for a
metropolitan licence area or a regional licence area, that is:
(i) to be known as the simulcast period; and
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Schedule 4 Digital television broadcasting
Part 2 Commercial television
Clause 6
30 Broadcasting Services Act 1992
(ii) in the case of a metropolitan licence area—to run for 9
years or for such other period as is determined under
subclause 6A(1) in relation to that area; and
(iia) in the case of a regional licence area—to run until the
end of 31 December 2013 or for such other period as is
determined under subclause 6A(2) in relation to that
area; and
(iii) in the case of a metropolitan licence area—to begin on
1 January 2001; and
(iv) in the case of a regional licence area—to begin on the
date determined in relation to that area in accordance
with paragraph (b);
throughout which the holder of a commercial television
broadcasting licence for that area is required to transmit
simultaneously the commercial television broadcasting
service concerned in both analog mode and SDTV digital
mode in so much of that area as is not a digital-only local
market area;
(d) the objective that, throughout the simulcast period for a
licence area, the holder of a commercial television
broadcasting licence for that area should be authorised, under
one or more transmitter licences, to use one or more
additional channels to transmit the commercial television
broadcasting service concerned in digital mode in that area;
(e) the objective that each additional channel should occupy 7
MHz of bandwidth;
(f) the objective that, as soon as is practicable after the start of
the simulcast period for a licence area, and throughout the
remainder of that period, the transmission of a commercial
television broadcasting service in SDTV digital mode in so
much of that area as is not a digital-only local market area
should achieve the same level of coverage and potential
reception quality as is achieved by the transmission of that
service in analog mode in so much of that area as is not a
digital-only local market area;
(g) the objective that, during the simulcast period for a licence
area, there should, as far as is practicable, be co-location of:
(i) transmitters used by the holder of a commercial
television broadcasting licence for that area to transmit
the commercial television broadcasting service
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Digital television broadcasting Schedule 4
Commercial television Part 2
Clause 6
Broadcasting Services Act 1992 31
concerned in digital mode in so much of that area as is
not a digital-only local market area; and
(ii) transmitters used by the holder to transmit that service
in analog mode in so much of that area as is not a
digital-only local market area;
(ga) the objective that, during the simulcast period for a licence
area, no transmissions of commercial television broadcasting
services in analog mode are to be made using a transmitter
located in so much of that area as is a digital-only local
market area;
(h) the objective that, at the end of the simulcast period for a
licence area, all transmissions of commercial television
broadcasting services in analog mode in that area are to
cease;
(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;
(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
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Schedule 4 Digital television broadcasting
Part 2 Commercial television
Clause 6
32 Broadcasting Services Act 1992
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;
(j) the objective that, after the end of the simulcast period for a
licence area, the transmission of a commercial television
broadcasting service in SDTV digital mode in so much of
that area as was not a digital-only local market area should
achieve the same level of coverage and potential reception
quality as was achieved by the transmission of that service in
analog mode in so much of that area as was not a digital-only
local market area immediately before the end of that period;
(ja) the objective that, after a local market area becomes a
digital-only local market area, the transmission of a
commercial television broadcasting service in SDTV digital
mode in the digital-only local market area should achieve the
same level of coverage and potential reception quality as was
achieved by the transmission of that service in analog mode
in the local market area immediately before the local market
area became a digital-only local market area;
(k) the objective that holders of commercial television
broadcasting licences be permitted to use any spare
transmission capacity that is available on the digital
transmission channels for the purpose of the transmission of
either or both of the following:
(i) datacasting services provided under, and in accordance
with the conditions of, datacasting licences;
(ii) designated teletext services;
(l) the objective that the ACMA is to consult holders of
commercial television broadcasting licences about the
implementation of the scheme;
(m) the objective that, if the implementation of the scheme affects
particular broadcasting transmission towers, the ACMA is to
consult the owners and operators of those towers;
(n) the objective that, in allotting channels under the scheme or a
digital channel plan, the ACMA must have regard to:
(i) the need to plan the most efficient use of the spectrum;
and
(ii) the other relevant policy objectives of the scheme.
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Digital television broadcasting Schedule 4
Commercial television Part 2
Clause 6
Broadcasting Services Act 1992 33
(4) Subclause (3) does not prevent the commercial television
conversion scheme from allowing the holder of a commercial
television broadcasting licence for a regional licence area to
transmit the commercial television broadcasting service concerned
in digital mode in that area during the whole or a part of the period:
(a) beginning on 1 January 2001; and
(b) ending immediately before the start of the simulcast period
for that area;
so long as that transmission complies with such requirements as are
ascertained in accordance with the scheme.
(5) Subclause (3) does not prevent Part A of the commercial television
conversion scheme from allowing the holder of a commercial
television broadcasting licence for a licence area to transmit, on a
test basis, the commercial television broadcasting service
concerned in digital mode in that area before the start of the
simulcast period for that area, so long as that transmission:
(a) complies with such requirements as are ascertained in
accordance with that Part of the scheme; and
(b) occurs during a period ascertained in accordance with that
Part of the scheme.
(5A) If:
(a) the holder of a commercial television broadcasting licence
holds another commercial television broadcasting licence;
and
(b) the other licence was allocated under section 38A or 38B;
and
(c) the licences relate to the same licence area (within the
meaning of whichever of those sections is applicable); and
(d) either:
(i) if the other licence was allocated before the
commencement of section 38C—at or about the time
when the other licence was allocated, the holder gave
the ACMA a written notice electing that this subclause
apply to both of the commercial television broadcasting
services concerned; or
(ii) if the other licence was allocated after the
commencement of section 38C—before the end of the
simulcast period for the licence area of the other licence,
the holder gave the ACMA a written notice electing that
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this subclause apply to the commercial television
broadcasting services provided under the licences;
then:
(e) paragraphs (3)(d), (e), (ha), (hb) and (hc) do not apply to the
commercial television broadcasting services provided under
the licences; and
(f) Part A of the commercial television conversion scheme must
be directed towards ensuring the achievement of the
objectives set out in subclause (5B).
(5AA) If:
(a) the holder of a commercial television broadcasting licence
holds another commercial television broadcasting licence;
and
(b) the other licence was allocated under section 38A before
1 January 2001; and
(c) the licences relate to the same licence area (within the
meaning of that section); and
(d) within 90 days after the commencement of this subclause, the
holder gives the ACMA a written notice electing that this
subclause apply to both of the commercial television
broadcasting services concerned;
then:
(e) paragraphs (3)(d), (e), (ha), (hb) and (hc) do not apply to the
commercial television broadcasting services provided under
the licences; and
(f) Part A of the commercial television conversion scheme must
be directed towards ensuring the achievement of the
objectives set out in subclause (5B).
(5B) The objectives mentioned in paragraphs (5A)(f) and (5AA)(f) are
as follows:
(a) the objective that, throughout the simulcast period for the
licence area, the holder should be authorised, under one or
more transmitter licences, to use one or more particular
channels 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 using multi-channelling transmission capacity on
each channel;
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Commercial television Part 2
Clause 6
Broadcasting Services Act 1992 35
(b) the objective that each channel should occupy 7 MHz of
bandwidth;
(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;
(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.
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Clause 6
36 Broadcasting Services Act 1992
(5BA) An election made under subclause (5A) or (5AA) remains in force
until:
(a) it is revoked, by written notice given to the ACMA, by:
(i) if neither of the licences referred to in whichever of
paragraph (5A)(a) or (5AA)(a) is applicable has been
transferred since the making of the election—the holder
of the licence allocated under section 38A or 38B; or
(ii) if the licence allocated under section 38A or 38B has
been transferred since the making of the election—the
holder of that licence; or
(iii) if a parent licence referred to in whichever of
section 38A or 38B is applicable has been transferred
since the making of the election—the holder of that
parent licence; and
(b) the ACMA approves the revocation under clause 7B.
(5C) Paragraphs (3)(c), (d), (e), (f), (h) and (j) do not apply to a
commercial television broadcasting service provided under a
licence allocated under section 38B.
Note: Under section 38B, it is a condition of the licence that the service may
only be transmitted in digital mode.
(5CA) For the purposes of paragraphs (3)(f), (j) and (ja), ignore any
commercial television broadcasting service provided under a
licence allocated under section 38c.
(5D) For the purposes of paragraphs (3)(hb) and (n) and (5B)(d), in
determining the most efficient use of the spectrum, the ACMA is to
have regard to:
(a) the need for spectrum to be made available for allocation for
the purposes of the transmission of datacasting services
under, and in accordance with the conditions of, datacasting
licences; and
(b) such other matters as the ACMA considers relevant.
(6) The objective mentioned in paragraph (3)(g) (which deals with
co-location of transmitters) does not prevent Part A of the
commercial television conversion scheme from making provision
for the location of digital transmitters otherwise than as mentioned
in that paragraph, where the ACMA is satisfied that an alternative
location is appropriate having regard to:
(a) the remaining objectives set out in subclause (3); and
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Broadcasting Services Act 1992 37
(b) the costs that are likely to be incurred by the licensee
concerned; and
(c) such other matters (if any) as the ACMA considers relevant.
Remote licence areas—start-up of digital transmission
(6A) Part B of the commercial television conversion scheme must be
directed towards ensuring the achievement of the policy objective
that each holder of a commercial television broadcasting licence
for a remote licence area is required to commence transmitting the
commercial television broadcasting service concerned in SDTV
digital mode in that area by such date as the ACMA determines
under the scheme.
Remote licence areas—simulcast period
(7) Part B of the commercial television conversion scheme may make
provision for a transitional period for a specified remote licence
area, that is to be known as the simulcast period, throughout which
the holder of a commercial television broadcasting licence for that
area is required to transmit simultaneously the commercial
television broadcasting service concerned in both analog mode and
SDTV digital mode in that area.
(7A) The simulcast period for a particular remote licence area:
(a) is to begin on the date determined in relation to that area in
accordance with subclause (6A); and
(b) is to run for such period as the ACMA determines under the
scheme.
Note: See also clause 6B.
Special rules for section 38B licences in remote licence areas
(7B) Special rules apply to an exempt remote area service for a remote
licence area for which an exempt licence has been allocated if
written notice is given to the ACMA electing that this subclause
applies by:
(a) the 2 existing licensees for that licence area (where the
exempt licence is allocated to a joint-venture company under
subsection 38B(5)); or
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Part 2 Commercial television
Clause 6
38 Broadcasting Services Act 1992
(b) the licensee to whom the exempt licence is allocated (where
the exempt licence is allocated under subsection 38B(6), (7),
(8) or (9)).
The notice must be given 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.
(7C) The election remains in force for a company until:
(a) it is revoked, by written notice given to the ACMA, by:
(i) a company that made the election; or
(ii) if the election was made in relation to an exempt licence
allocated under subsection 38B(5) and a parent licence
has been transferred—by the licensee of the parent
licence; or
(iii) if the election was made in relation to an exempt licence
allocated under subsection 38B(6), (7), (8) or (9) and
the exempt licence has been transferred—by the
licensee of the exempt licence; and
(b) the ACMA approves the revocation under clause 7B.
(7F) An exempt remote area service for a remote licence area is:
(a) each of these:
(i) a commercial television broadcasting service provided
by a joint-venture company under an exempt licence
that was allocated to the company under
subsection 38B(5) for that licence area; and
(ii) the commercial television broadcasting services
provided under the parent licences for that licence area;
or
(b) each of these:
(i) a commercial television broadcasting service provided
by a licensee under an exempt licence that was allocated
to the licensee under subsection 38B(6), (7), (8) or (9)
for that licence area; and
(ii) each other commercial television broadcasting service
provided by that licensee for that licence area; or
(c) a commercial television broadcasting service provided by a
licensee under an exempt licence for that licence area that is
transferred to the licensee; or
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Commercial television Part 2
Clause 6
Broadcasting Services Act 1992 39
(d) a commercial television broadcasting service provided under
a parent licence for that licence area that is transferred to the
licensee.
(7G) Subclauses (7) and (7A) do not apply to an exempt remote area
service provided under an exempt licence while an election under
subclause (7B) is in force for the service.
(7H) Part B of the commercial television conversion scheme must be
directed towards ensuring the achievement of the policy objective
that each exempt remote area service for a remote licence area
should be authorised to be transmitted in SDTV digital mode using
multi-channelling transmission capacity while an election under
subclause (7B) is in force for the service.
HDTV multi-channelled commercial television broadcasting
services
(7J) This clause does not apply to a HDTV multi-channelled
commercial television broadcasting service.
SDTV multi-channelled commercial television broadcasting
services
(7JA) This clause does not apply to a SDTV multi-channelled
commercial television broadcasting service.
Licences allocated under section 36 on or after 1 January 2007
(7K) This clause does not apply in relation to a commercial television
broadcasting licence if the licence was allocated under section 36
on or after 1 January 2007.
Licences allocated under section 38C
(7KA) This clause does not apply to a commercial television broadcasting
licence allocated under section 38c.
Licences allocated under subsection 40(1) on or after 1 January
2007
(7L) This clause does not apply in relation to a commercial television
broadcasting licence if the licence was allocated under
subsection 40(1) on or after 1 January 2007.
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Clause 6
40 Broadcasting Services Act 1992
Simulcasting
(8) In determining, for the purposes of paragraph (3)(c) and
subclause (7), whether the holder of a commercial television
broadcasting licence transmits simultaneously the commercial
television broadcasting service concerned in both analog mode and
SDTV digital mode:
(a) if a relevant determination is in force under subclause (9)—
ignore any advertising or sponsorship matter covered by the
determination, so long as the licensee complies with such
conditions (if any) as are specified in the determination; and
(b) if a relevant determination is in force under subclause (10)—
ignore any television programs covered by the determination,
so long as the licensee complies with such conditions (if any)
as are specified in the determination; and
(c) ignore any digital program-enhancement content (as defined
by subclause (14)); and
(d) ignore a particular television program transmitted using
multi-channelling transmission capacity, where:
(i) the program is a scheduled program that provides live
coverage of a designated event (as defined by
subclause (20)); and
(ii) the other television program broadcast using that
multi-channelling transmission capacity is a regularly
scheduled news program; and
(iii) the end of the designated event is delayed for reasons
that are not within the control of the licensee or of the
person (if any) who supplied the first-mentioned
program to the licensee (either directly or indirectly
through one or more interposed persons); and
(iv) the sole purpose of the use of the multi-channelling
transmission capacity is to allow viewers of the SDTV
version of the commercial television broadcasting
service to choose between viewing the regularly
scheduled news program and viewing so much of the
designated event as overlaps the other television
program; and
(e) ignore an electronic program guide (as defined by
subclause (24)).
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Clause 6
Broadcasting Services Act 1992 41
(8A) For the purposes of this Act (other than paragraph (3)(c) or
subclauses (7), (8) and (11) of this clause or Division 2 of Part 4 of
this Schedule) and any other law of the Commonwealth, if the
holder of a commercial television broadcasting licence transmits
matter that is required to be ignored by paragraph (8)(c), (d) or (e)
of this clause, that matter is taken to be part of the commercial
television broadcasting service concerned.
(9) The ACMA may, by writing, determine that paragraph (8)(a)
applies to specified advertising or sponsorship matter transmitted
by a specified commercial television broadcasting licensee during a
specified period. The specified advertising or sponsorship matter
may consist of all advertising or sponsorship matter transmitted by
the licensee concerned. The specified period may consist of the
simulcast period for the licence area concerned.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(10) The ACMA may, by writing, determine that paragraph (8)(b)
applies to specified television programs transmitted by a specified
commercial television broadcasting licensee during a specified
period.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(11) The ACMA must not make a determination under subclause (9) or
(10) unless the ACMA is satisfied that, if it were assumed that the
determination were made, the version of the commercial television
broadcasting service transmitted in SDTV digital mode will be
substantially the same as the version of the service transmitted in
analog mode.
(12) A determination under subclause (9) or (10) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(13) A reference in this clause to advertising or sponsorship matter is a
reference to advertising or sponsorship matter (whether or not of a
commercial kind).
Digital program-enhancement content
(14) For the purposes of this clause, digital program-enhancement
content is content:
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42 Broadcasting Services Act 1992
(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
(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;
where:
(g) the content is transmitted using a digital modulation
technique; and
(h) the sole purpose of the transmission of the content is to
enhance a television program (the primary program); and
(i) the subject matter of the content is closely and directly linked
to the subject matter of the primary program; and
(j) the licensee transmits simultaneously the content and the
primary program; and
(k) either:
(i) the licensee transmits simultaneously the primary
program in both analog mode and SDTV digital mode;
or
(ii) the primary program is covered by a determination
under subclause (9) or (10).
Note: For example, if the primary program is live coverage of a tennis
match, the digital program-enhancement content could consist of any
or all of the following:
(a) the match from different camera angles;
(b) each player’s results in past matches;
(c) video highlights from those past matches;
(d) each player’s ranking and career highlights.
Designated event
(20) For the purposes of this clause, a designated event is:
(a) a sporting event; or
(b) a declared designated event (as defined by subclause (21)).
(21) The ACMA may, by writing, determine that a specified event is a
declared designated event for the purposes of this clause.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
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Broadcasting Services Act 1992 43
(22) A determination under subclause (21) has effect accordingly.
(23) A determination under subclause (21) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901.
Electronic program guide
(24) For the purposes of this clause, an electronic program guide is
matter transmitted using a uniform digital modulation technique,
where the matter consists of no more than:
(a) a schedule of the television programs provided by:
(i) the commercial television broadcasting service
transmitting the matter; or
(ii) all of the commercial television broadcasting services
and all of the national television broadcasting services;
or
(b) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) items of factual information, and/or items of comment,
about some or all of the programs in the schedule,
where each item is brief and in the form of text; or
(c) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) a facility the sole purpose of which is to enable an
end-user to select, and commence viewing, one or more
of the programs in the schedule; or
(d) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) items of factual information, and/or items of comment,
about some or all of the programs in the schedule,
where each item is brief and in the form of text; and
(iii) a facility the sole purpose of which is to enable an
end-user to select, and commence viewing, one or more
of the programs in the schedule.
6A Determination of simulcast period—metropolitan and regional
licence areas
(1) The Minister may, by legislative instrument, determine a period for
the purposes of the application of subparagraph 6(3)(c)(ii) to a
specified metropolitan licence area.
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Clause 6A
44 Broadcasting Services Act 1992
(2) The Minister may, by legislative instrument, determine a period for
the purposes of the application of subparagraph 6(3)(c)(iia) to a
specified regional licence area.
(3) A period determined under subclause (1) must end before the end
of 31 December 2013.
Note: See subclause (11).
(4) A period determined under subclause (2) must end before the end
of 31 December 2013.
Note: See subclause (11).
(5) A subclause (1) determination is irrevocable.
(6) A subclause (2) determination is irrevocable.
Variation
(7) The Minister may, by legislative instrument, vary:
(a) a subclause (1) determination; or
(b) a subclause (2) determination.
(8) The Minister must not vary:
(a) a subclause (1) determination; or
(b) a subclause (2) determination;
after the end of the period specified in the determination.
(10) If there is a variation of:
(a) a subclause (1) determination; or
(b) a subclause (2) determination;
the end of the period specified in the varied determination must not
be later than the end of 31 December 2013.
Note: See subclause (11).
(11) If there is a variation (the current variation) of:
(a) a subclause (1) determination; or
(b) a subclause (2) determination;
subclauses (3), (4) and (10) do not apply, so long as:
(c) the end of the period specified in the determination, as it
stood before the current variation, would be likely to result in
significant difficulties of a technical or engineering nature
for:
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Clause 6B
Broadcasting Services Act 1992 45
(i) a commercial television broadcasting licensee for the
licence area concerned; or
(ii) a national broadcaster; and
(d) those difficulties could not reasonably have been foreseen by
the commercial television broadcasting licensee or the
national broadcaster, as the case requires, as at 6 months
before the end of the period specified in the determination as
it stood before the current variation; and
(e) the end of the period specified in the varied determination is
not later than the end of 30 June 2014.
(12) Subclause (7) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 to other instruments under this
Act.
Consultation
(13) Before making or varying:
(a) a subclause (1) determination; or
(b) a subclause (2) determination;
the Minister must consult the ACMA.
6B Determination of simulcast period—remote licence areas
(1) The ACMA must not determine a period for the purposes of
paragraph 6(7A)(b) if the period ends after 31 December 2013.
(2) Subclause (1) does not apply in such circumstances (if any) as are
specified in a legislative instrument made by the Minister.
7 Scheme may confer administrative powers on the ACMA
The commercial television conversion scheme may make provision
with respect to a matter by conferring on the ACMA a power to
make a decision of an administrative character.
7A Scheme may confer power to make digital channel plans
(1) The commercial television conversion scheme may provide for the
ACMA to make one or more plans (digital channel plans) that:
(a) allot channels to holders of commercial television
broadcasting licences; and
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Part 2 Commercial television
Clause 7AA
46 Broadcasting Services Act 1992
(b) set out any technical limitations on the use of a particular
channel that the ACMA believes should be shown in the
plan; and
(c) set out whether the use of a channel depends on any event or
circumstances described in the plan.
(2) The commercial television conversion scheme may provide that a
digital channel plan may include other matters.
(3) The commercial television conversion scheme may provide for the
ACMA to vary a digital channel plan.
(4) Subclause (1) does not apply in relation to a commercial television
broadcasting licence allocated under section 38c.
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.
7B Revocation of multi-channelling election
Scope
(1) This clause applies if a commercial television broadcasting
licensee gives the ACMA a notice of revocation under
subclause 6(5BA) or (7C).
Approval of revocation
(2) If the ACMA is satisfied that there is sufficient radiofrequency
spectrum available, the ACMA must, by notice in writing given to
the licensee:
(a) approve the revocation; and
(b) specify a day as the day on which the revocation takes effect;
and
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Clause 8
Broadcasting Services Act 1992 47
(c) vary the relevant digital channel plan under the commercial
television conversion scheme to allot a channel to the
licensee.
(3) For the purposes of subclause (2), any part of the spectrum covered
by a determination under subsection 34(3) is taken not to be
available.
(4) The ACMA may, before the day specified under paragraph (2)(b),
by notice in writing, vary the day on which the revocation takes
effect.
Refusal to approve revocation
(5) If the ACMA refuses to approve the revocation, the ACMA must
give written notice of the refusal to the licensee.
8 Transmitter licences
Grant of additional spectrum for digital transmission
(1) The commercial television conversion scheme must make
provision for the issue of transmitter licences authorising
transmissions of commercial television broadcasting services in
digital mode.
Return of spectrum if digital transmission does not begin
(2) Part A of the commercial television conversion scheme must make
provision for requiring the holder of a commercial television
broadcasting licence to surrender one or more transmitter licences
authorising digital transmission if:
(a) the holder does not commence digital transmission as
mentioned in paragraph 6(3)(a) or (b) of this Schedule; and
(b) the holder does not satisfy the ACMA that there are
exceptional circumstances.
Return of spectrum if digital transmission does not continue
throughout the simulcast period
(3) Part A of the commercial television conversion scheme must make
provision for requiring the holder of a commercial television
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48 Broadcasting Services Act 1992
broadcasting licence to surrender one or more transmitter licences
authorising digital transmission if:
(a) the holder commences digital transmission as mentioned in
paragraph 6(3)(a) or (b) of this Schedule; and
(b) the holder ceases digital transmission during the simulcast
period for the licence area concerned; and
(c) under the scheme, the ACMA gives the holder a written
direction to:
(i) resume digital transmission in that area within the
period specified in the direction (being a period that is
not longer than one month); and
(ii) continue digital transmission throughout the simulcast
period for that area; and
(d) the holder does not comply with a direction referred to in
paragraph (c); and
(e) the holder does not satisfy the ACMA that there are
exceptional circumstances.
Return of spectrum if format and HDTV requirements contravened
(7) Part A of the commercial television conversion scheme must make
provision for requiring the holder of a commercial television
broadcasting licence for a licence area to surrender the transmitter
licence or licences that authorised the transmission of the
commercial television broadcasting service concerned in digital
mode in that area if:
(a) the holder contravenes:
(i) paragraph 7(1)(ma) of Schedule 2; or
(ii) a SDTV commercial television format standard; or
(iii) a HDTV commercial television format standard; or
(iv) subclause 37E(1); or
(v) a standard under subclause 37E(3); and
(b) under the scheme, the ACMA gives the holder a written
direction to comply with that provision or standard within the
period specified in the direction (being a period that is not
longer than one month); and
(c) the holder does not comply with a direction referred to in
paragraph (b); and
(d) the holder does not satisfy the ACMA that there are
exceptional circumstances.
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Commercial television Part 2
Clause 8
Broadcasting Services Act 1992 49
(8) Subclause (7) does not prevent the commercial television
conversion scheme from making provision for the issue of a
transmitter licence to replace a licence that was surrendered on the
grounds of a contravention of a provision or standard mentioned in
subparagraph (7)(a)(i), (iii), (iv) or (v). However, the amount of
transmission capacity covered by the replacement licence must be
less than the amount of transmission capacity covered by the
surrendered licence.
Remote licence areas
(10) Part B of the commercial television conversion scheme may make
provision for requiring the holder of a commercial television
broadcasting licence to surrender one or more transmitter licences
authorising analog transmission or authorising digital transmission
if the holder does not comply with:
(a) a specified requirement of that Part of the scheme; or
(aa) paragraph 7(1)(ma) of Schedule 2; or
(b) paragraph 7(1)(mb) of Schedule 2; or
(c) a SDTV commercial television format standard; or
(d) a HDTV commercial television format standard; or
(e) a standard applicable to the holder under subclause 37G(1);
or
(f) a standard applicable to the holder under subclause 37G(2).
(10A) Subclause (10) does not prevent the commercial television
conversion scheme from making provision for the issue of a
transmitter licence to replace a licence that was surrendered on the
grounds of a contravention of the provision mentioned in
paragraph (10)(b) or a standard mentioned in paragraph (10)(d), (e)
or (f). However, the amount of transmission capacity covered by
the replacement licence must be less than the amount of
transmission capacity covered by the surrendered licence.
(11) Part B of the commercial television conversion scheme may make
provision for the variation of the conditions of a transmitter licence
that authorised analog transmission of a commercial television
broadcasting service in a remote licence area so as to ensure that
the licence authorises digital transmission of that service in that
area.
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Part 2 Commercial television
Clause 9
50 Broadcasting Services Act 1992
9 Submission of implementation plans to the ACMA
(1) The commercial television conversion scheme must make
provision for requiring holders of commercial television
broadcasting licences to prepare, and submit to the ACMA, one or
more implementation plans relating to digital transmission, where
the implementation plans are in accordance with the scheme.
(1A) Subclause (1) does not apply to a HDTV multi-channelled
commercial television broadcasting service.
(1AA) Subclause (1) does not apply to a SDTV multi-channelled
commercial television broadcasting service.
(1B) Subclause (1) does not apply in relation to a commercial television
broadcasting licence if the licence was allocated under section 36
on or after 1 January 2007.
(1BA) Subclause (1) does not apply in relation to a commercial television
broadcasting licence allocated under section 38c.
(1C) Subclause (1) does not apply in relation to a commercial television
broadcasting licence if the licence was allocated under
subsection 40(1) on or after 1 January 2007.
(2) The commercial television conversion scheme may provide for
variation of implementation plans submitted to the ACMA by
holders of commercial television broadcasting licences.
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.
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Commercial television Part 2
Clause 9A
Broadcasting Services Act 1992 51
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:
(a) the specified area does not have coverage of one or more
commercial television broadcasting services that are:
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Clause 9A
52 Broadcasting Services Act 1992
(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.
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Clause 10
Broadcasting Services Act 1992 53
10 Amendment of certain plans and guidelines
(1) The commercial television conversion scheme may amend the
frequency allotment plan or a licence area plan.
(2) The commercial television conversion scheme may amend
technical planning guidelines in force under section 33.
(3) Subclauses (1) and (2) do not limit the ACMA’s powers under
sections 25, 26 and 33.
11 Reviews and reports
The commercial television conversion scheme may provide for the
ACMA to conduct reviews, and report to the Minister, on specified
matters.
12 Ancillary or incidental provisions
The commercial television conversion scheme may contain such
ancillary or incidental provisions as the ACMA considers
appropriate.
13 ACMA to have regard to datacasting allocation power
(1) In formulating or varying the commercial television conversion
scheme, the ACMA must have regard to its power under
subsection 34(3) (which deals with datacasting allocation).
(2) Subclause (1) does not limit the matters to which the ACMA may
have regard.
14 ACMA to have regard to special circumstances that apply in
remote licence areas
(1) In formulating or varying Part B of the commercial television
conversion scheme, the ACMA must have regard to the special
circumstances that apply to the transmission of commercial
television broadcasting services in remote licence areas.
(2) Subclause (1) does not limit the matters to which the ACMA may
have regard.
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Clause 15
54 Broadcasting Services Act 1992
15 Minister may give directions to the ACMA
(1) In formulating or varying the commercial television conversion
scheme, the ACMA must comply with any written directions given
to it by the Minister under this subclause.
(2) A direction under subclause (1) may be of a general or specific
nature.
(3) The Minister must arrange for a copy of a direction under
subclause (1) to be published in the Gazette within 14 days after
the direction is given.
16 Variation of scheme
(1) The commercial television conversion scheme may be varied, but
not revoked, in accordance with subsection 33(3) of the Acts
Interpretation Act 1901.
(2) Subclause (1) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 to other instruments under this
Act.
17 Scheme to be a disallowable instrument
An instrument under subclause 6(1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901.
18 Processes to be public
In formulating or varying the commercial television conversion
scheme, the ACMA must make provision for:
(a) public consultation; and
(b) consultation with holders of commercial television
broadcasting licences; and
(c) consultation with national broadcasters; and
(e) consultation with owners and operators of broadcasting
transmission towers.
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Clause 19
Broadcasting Services Act 1992 55
Part 3—ABC/SBS television
19 National television conversion scheme
(1) As soon as practicable after the commencement of this clause, the
ACMA must, by writing, formulate a scheme (the national
television conversion scheme) for the conversion, over time, of the
transmission of national television broadcasting services from
analog mode to digital mode.
Note: Under clause 32, the scheme does not take effect until approved by the
Minister.
(2) The national television conversion scheme is to be divided into the
following Parts:
(a) Part A, which is to deal with coverage areas that are not
remote coverage areas;
(b) Part B, which is to deal with remote coverage areas.
Policy objectives
(3) Part A of the national television conversion scheme must be
directed towards ensuring the achievement of the following policy
objectives:
(a) the objective that each national broadcaster is required to
commence transmitting the national television broadcasting
service concerned in SDTV digital mode in a metropolitan
coverage area by such date as is ascertained in accordance
with an implementation plan that was given by the
broadcaster, and is in force, under clause 20;
(b) the objective that each national broadcaster is required to
commence transmitting the national television broadcasting
service concerned in SDTV digital mode in a regional
coverage area by such date as is ascertained in relation to that
area in accordance with an implementation plan that was
given by the broadcaster, and is in force, under clause 20;
(c) the objective that there should be a transitional period for a
coverage area, that is:
(i) to be known as the simulcast period; and
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Clause 19
56 Broadcasting Services Act 1992
(ii) to begin on the date mentioned in whichever of
paragraphs (a) and (b) is applicable; and
(iii) to end at the end of the simulcast period (within the
meaning of paragraph 6(3)(c) of this Schedule) for the
licence area that corresponds to that coverage area;
throughout which a national broadcaster is required to
transmit simultaneously the national television broadcasting
service concerned in both analog mode and SDTV digital
mode in so much of that coverage area as is not a digital-only
local market area;
(d) the objective that, throughout the simulcast period for a
coverage area, each national broadcaster should be
authorised, under one or more transmitter licences, to use one
or more channels to transmit the national television
broadcasting service concerned in digital mode in that area;
(e) the objective that each additional channel should occupy 7
MHz of bandwidth;
(f) the objective that, as soon as is practicable after the start of
the simulcast period for a coverage area, and throughout the
remainder of that period, the transmission of a national
television broadcasting service in SDTV digital mode in so
much of that area as is not a digital-only local market area
should achieve the same level of coverage and potential
reception quality as is achieved by the transmission of that
service in analog mode in so much of that area as is not a
digital-only local market area;
(g) the objective that, during the simulcast period for a coverage
area, there should, as far as is practicable, be co-location of:
(i) transmitters used by a national broadcaster to transmit
the national television broadcasting service concerned in
digital mode in so much of that area as is not a
digital-only local market area; and
(ii) transmitters used by the national broadcaster to transmit
that service in analog mode in so much of that area as is
not a digital-only local market area;
(ga) the objective that, during the simulcast period for a coverage
area, no transmissions of national television broadcasting
services in analog mode are to be made using a transmitter
located in so much of that area as is a digital-only local
market area;
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Clause 19
Broadcasting Services Act 1992 57
(h) the objective that, at the end of the simulcast period for a
coverage area, all transmissions of national television
broadcasting services in analog mode in that area are to
cease;
(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
period 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
(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;
(j) the objective that, after the end of the simulcast period for a
coverage area, the transmission of a national television
broadcasting service in SDTV digital mode in so much of
that area as was not a digital-only local market area should
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58 Broadcasting Services Act 1992
achieve the same level of coverage and potential reception
quality as was achieved by the transmission of that service in
analog mode in so much of that area as was not a digital-only
local market area immediately before the end of that period;
(ja) the objective that, after a local market area becomes a
digital-only local market area, the transmission of a national
television broadcasting service in SDTV digital mode in the
digital-only local market area should achieve the same level
of coverage and potential reception quality as was achieved
by the transmission of that service in analog mode in the
local market area immediately before the local market area
became a digital-only local market area;
(k) the objective that national broadcasters be permitted to use
any spare transmission capacity that is available on the
digital transmission channels for the purpose of the
transmission of datacasting services provided under, and in
accordance with the conditions of, datacasting licences or for
the purpose of the transmission of national radio broadcasting
services;
(l) the objective that the ACMA is to consult with national
broadcasters about the implementation of the scheme;
(m) the objective that, if the implementation of the scheme affects
particular broadcasting transmission towers, the ACMA is to
consult the owners and operators of those towers;
(n) the objective that, in allotting channels under the scheme or a
digital channel plan, the ACMA must have regard to:
(i) the need to plan the most efficient use of the spectrum;
and
(ii) the other relevant policy objectives of the scheme.
(3A) The ACMA must consult with national broadcasters about the
implementation of the scheme.
(4) Subclause (3) does not prevent the national television conversion
scheme from allowing a national broadcaster to transmit the
national television broadcasting service concerned in digital mode
in a regional coverage area during the whole or a part of the period:
(a) beginning on 1 January 2001; and
(b) ending immediately before the start of the simulcast period
for that area;
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Clause 19
Broadcasting Services Act 1992 59
so long as that transmission complies with such requirements as are
ascertained in accordance with the scheme.
(5) Subclause (3) does not prevent Part A of the national television
conversion scheme from allowing a national broadcaster to
transmit, on a test basis, the national television broadcasting
service concerned in digital mode in a coverage area before the
start of the simulcast period for that area, so long as that
transmission:
(a) complies with such requirements as are ascertained in
accordance with that Part of the scheme; and
(b) occurs during a period ascertained in accordance with that
Part of the scheme.
(5A) For the purposes of paragraphs (3)(hb) and (n), in determining the
most efficient use of the spectrum, the ACMA is to have regard to:
(a) the need for spectrum to be made available for allocation for
the purposes of the transmission of datacasting services
under, and in accordance with the conditions of, datacasting
licences; and
(b) such other matters as the ACMA considers relevant.
(6) The objective mentioned in paragraph (3)(g) (which deals with
co-location of transmitters) does not prevent Part A of the national
television conversion scheme from making provision for the
location of digital transmitters otherwise than as mentioned in that
paragraph, where the ACMA is satisfied that an alternative location
is appropriate having regard to:
(a) the remaining objectives set out in subclause (3); and
(b) the costs that are likely to be incurred by the national
broadcaster concerned; and
(c) such other matters (if any) as the ACMA considers relevant.
Remote coverage areas—start-up of digital transmission
(6A) Part B of the national television conversion scheme must be
directed towards ensuring the achievement of the policy objective
that each national broadcaster is required to commence
transmitting the national television broadcasting service concerned
in SDTV digital mode in a remote coverage area by such date as is
ascertained in relation to that area in accordance with an
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Clause 19
60 Broadcasting Services Act 1992
implementation plan that was given by the broadcaster, and is in
force, under clause 20.
Remote coverage areas—simulcast period
(7) Part B of the national television conversion scheme may make
provision for a transitional period for a specified remote coverage
area, that is to be known as the simulcast period, throughout which
a national broadcaster is required to transmit simultaneously the
national television broadcasting service concerned in both analog
mode and SDTV digital mode in that area.
(7A) The simulcast period for a particular remote coverage area:
(a) is to begin on the date mentioned in subclause (6A); and
(b) is to end at the end of the simulcast period (within the
meaning of subclause 6(7)) for the licence area that
corresponds to that coverage area.
SDTV multi-channelled national television broadcasting services
(7B) This clause does not apply to a SDTV multi-channelled national
television broadcasting service.
HDTV multi-channelled national television broadcasting services
(7C) This clause does not apply to a HDTV multi-channelled national
television broadcasting service.
Simulcasting
(8) In determining, for the purposes of paragraph (3)(c) and
subclause (7), whether a national broadcaster transmits
simultaneously the national television broadcasting service
concerned in both analog mode and SDTV digital mode:
(a) in the case of the Special Broadcasting Service Corporation
where a relevant determination is in force under
subclause (9)—ignore any advertising or sponsorship matter
covered by the determination, so long as the Special
Broadcasting Service Corporation complies with such
conditions (if any) as are specified in the determination; and
(b) if a relevant determination is in force under subclause (10)—
ignore any television programs covered by the determination,
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Clause 19
Broadcasting Services Act 1992 61
so long as the national broadcaster complies with such
conditions (if any) as are specified in the determination; and
(c) ignore any digital program-enhancement content (as defined
by subclause (14)); and
(d) ignore a particular television program transmitted using
multi-channelling transmission capacity, where:
(i) the program is a scheduled program that provides live
coverage of a designated event (as defined by
subclause (20)); and
(ii) the other television program broadcast using that
multi-channelling transmission capacity is a regularly
scheduled news program; and
(iii) the end of the designated event is delayed for reasons
that are not within the control of the national
broadcaster or of the person (if any) who supplied the
first-mentioned program to the national broadcaster
(either directly or indirectly through one or more
interposed persons); and
(iv) the sole purpose of the use of the multi-channelling
transmission capacity is to allow viewers of the SDTV
version of the national television broadcasting service to
choose between viewing the regularly scheduled news
program and viewing so much of the designated event
as overlaps the other television program; and
(e) ignore an electronic program guide (as defined by
subclause (24)).
(8A) For the purposes of this Act (other than paragraph (3)(c) or
subclauses (7), (8) and (11) of this clause or Division 2 of Part 4 of
this Schedule) and any other law of the Commonwealth, if a
national broadcaster transmits matter that is required to be ignored
by paragraph (8)(c), (d) or (e) of this clause, that matter is taken to
be part of the national television broadcasting service concerned.
(9) The ACMA may, by writing, determine that paragraph (8)(a)
applies to specified advertising or sponsorship matter transmitted
by the Special Broadcasting Service Corporation during a specified
period. The specified advertising or sponsorship matter may
consist of all advertising or sponsorship matter transmitted by the
Special Broadcasting Service Corporation. The specified period
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62 Broadcasting Services Act 1992
may consist of the simulcast period for the coverage area
concerned.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(10) The ACMA may, by writing, determine that paragraph (8)(b)
applies to specified television programs transmitted by a specified
national broadcaster during a specified period.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(11) The ACMA must not make a determination under subclause (9) or
(10) unless the ACMA is satisfied that, if it were assumed that the
determination were made, the version of the national television
broadcasting service transmitted in SDTV digital mode will be
substantially the same as the version of the service transmitted in
analog mode.
(12) A determination under subclause (9) or (10) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(13) A reference in this clause to advertising or sponsorship matter is a
reference to advertising or sponsorship matter (whether or not of a
commercial kind).
Digital program-enhancement content
(14) For the purposes of this clause, digital program-enhancement
content is 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
(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;
where:
(g) the content is transmitted using a digital modulation
technique; and
(h) the sole purpose of the transmission of the content is to
enhance a television program (the primary program); and
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Broadcasting Services Act 1992 63
(i) the subject matter of the content is closely and directly linked
to the subject matter of the primary program; and
(j) the national broadcaster transmits simultaneously the content
and the primary program; and
(k) either:
(i) the national broadcaster transmits simultaneously the
primary program in both analog mode and SDTV digital
mode; or
(ii) the primary program is covered by a determination
under subclause (9) or (10).
Note: For example, if the primary program is live coverage of a tennis
match, the digital program-enhancement content could consist of any
or all of the following:
(a) the match from different camera angles;
(b) each player’s results in past matches;
(c) video highlights from those past matches;
(d) each player’s ranking and career highlights.
Designated event
(20) For the purposes of this clause, a designated event is:
(a) a sporting event; or
(b) a declared designated event (as defined by subclause (21)).
(21) The ACMA may, by writing, determine that a specified event is a
declared designated event for the purposes of this clause.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(22) A determination under subclause (21) has effect accordingly.
(23) A determination under subclause (21) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901.
Electronic program guide
(24) For the purposes of this clause, an electronic program guide is
matter transmitted using a uniform digital modulation technique,
where the matter consists of no more than:
(a) a schedule of the television programs provided by:
(i) the national television broadcasting service transmitting
the matter; or
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64 Broadcasting Services Act 1992
(ii) all of the commercial television broadcasting services
and all of the national television broadcasting services;
or
(b) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) items of factual information, and/or items of comment,
about some or all of the programs in the schedule,
where each item is brief and in the form of text; or
(c) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) a facility the sole purpose of which is to enable an
end-user to select, and commence viewing, one or more
of the programs in the schedule; or
(d) a combination of:
(i) a schedule covered by paragraph (a); and
(ii) items of factual information, and/or items of comment,
about some or all of the programs in the schedule,
where each item is brief and in the form of text; and
(iii) a facility the sole purpose of which is to enable an
end-user to select, and commence viewing, one or more
of the programs in the schedule.
20 National broadcasters to give implementation plans to the
Minister
(1) As soon as practicable after the formulation of the national
television conversion scheme, a national broadcaster must give the
Minister one or more implementation plans relating to the
conversion, over time, of the transmission of the national television
broadcasting service concerned from analog mode to digital mode.
(1A) Subclause (1) does not apply to a SDTV multi-channelled national
television broadcasting service.
HDTV multi-channelled national television broadcasting services
(1B) This clause does not apply to a HDTV multi-channelled national
television broadcasting service.
(2) In preparing an implementation plan, a national broadcaster must
have regard to the following matters:
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Broadcasting Services Act 1992 65
(a) in the case of an implementation plan that relates to a
coverage area that is not a remote coverage area—whether
the implementation plan is directed towards ensuring the
achievement of the following policy objectives:
(i) the objective that each national broadcaster should be
required to commence transmitting the national
broadcasting service concerned in digital mode in each
metropolitan coverage area on 1 January 2001;
(ii) the objective that each national broadcaster should be
required to commence transmitting the national
television broadcasting service concerned in digital
mode to regional coverage areas (other than remote
coverage areas) on or after 1 January 2001 so that all
regional coverage areas (other than remote coverage
areas) have digital transmission of the service by
1 January 2004;
(b) in the case of an implementation plan that relates to a
coverage area that is not a remote coverage area—the
objectives mentioned in subclause 19(3);
(c) in the case of an implementation plan that relates to a remote
coverage area—the special circumstances that apply to the
transmission of national television broadcasting services in
that area;
(d) such other matters (if any) as the national broadcaster
considers relevant.
(3) If an implementation plan is given to the Minister under this
clause, the Minister must:
(a) approve the implementation plan; or
(b) refuse to approve the implementation plan.
(4) In deciding whether to approve an implementation plan under this
clause, the Minister must have regard to the following matters:
(a) in the case of an implementation plan that relates to a
coverage area that is not a remote coverage area—whether
the implementation plan is directed towards ensuring the
achievement of the following policy objectives:
(i) the objective that each national broadcaster should be
required to commence transmitting the national
broadcasting service concerned in digital mode in each
metropolitan coverage area on 1 January 2001;
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66 Broadcasting Services Act 1992
(ii) the objective that each national broadcaster should be
required to commence transmitting the national
television broadcasting service concerned in digital
mode to regional coverage areas (other than remote
coverage areas) on or after 1 January 2001 so that all
regional coverage areas (other than remote coverage
areas) have digital transmission of the service by
1 January 2004;
(b) in the case of an implementation plan that relates to a
coverage area that is not a remote coverage area—the
objectives mentioned in subclause 19(3);
(c) in the case of an implementation plan that relates to a remote
coverage area—the special circumstances that apply to the
transmission of national television broadcasting services in
that area;
(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;
(d) such other matters (if any) as the Minister considers relevant.
(5) Before deciding whether to approve an implementation plan under
this clause, the Minister may direct the ACMA to give the Minister
a report about the matter.
(6) If the Minister approves an implementation plan under this clause,
the implementation plan comes into force on approval.
(7) If the Minister refuses to approve an implementation plan under
this clause, the Minister may, by written notice given to the
national broadcaster concerned:
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Broadcasting Services Act 1992 67
(a) require the national broadcaster to give a fresh
implementation plan under subclause (1); and
(b) advise the national broadcaster that, if specified changes
were incorporated in the fresh plan, the Minister would be
disposed to approve the fresh plan.
The notice must also set out the reasons for the refusal.
(8) The Minister must cause copies of a notice under subclause (7) to
be laid before each House of the Parliament within 7 sitting days of
that House after the giving of the notice.
(9) A national broadcaster may give the Minister a variation of an
approved implementation plan that relates to the national
broadcaster. Subclauses (2) to (8) (inclusive) apply to the variation
of an implementation plan in a corresponding way to the way in
which they apply to an implementation plan.
(10) The Minister may, by writing, delegate to:
(a) the Secretary of the Department; or
(b) an SES employee or acting SES employee in the Department;
the Minister’s power to approve, or to refuse to approve, variations
to approved implementation plans.
21 Compliance with implementation plans
If an implementation plan given by a national broadcaster under
clause 20 is in force, the national broadcaster must comply with the
implementation plan.
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
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Part 3 ABC/SBS television
Clause 21A
68 Broadcasting Services Act 1992
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:
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Broadcasting Services Act 1992 69
(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
re-transmit programs that are transmitted by a national television
broadcasting service.
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Part 3 ABC/SBS television
Clause 22
70 Broadcasting Services Act 1992
22 Scheme may confer administrative powers on the ACMA
The national television conversion scheme may make provision
with respect to a matter by conferring on the ACMA a power to
make a decision of an administrative character.
22A Scheme may confer power to make digital channel plans
(1) The national television conversion scheme may provide for the
ACMA to make one or more plans (digital channel plans) that:
(a) allot channels to national broadcasters; and
(b) set out any technical limitations on the use of a particular
channel that the ACMA believes should be shown in the
plan; and
(c) set out whether the use of a channel depends on any event or
circumstances described in the plan.
(2) The national television conversion scheme may provide that a
digital channel plan may include other matters.
(3) The national television conversion scheme may provide for the
ACMA to vary a digital channel plan.
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.
23 Transmitter licences
Grant of additional spectrum for digital transmission
(1) The national television conversion scheme must make provision
for the issue of transmitter licences authorising transmissions of
national television broadcasting services in digital mode.
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Clause 23
Broadcasting Services Act 1992 71
Return of spectrum if digital transmission does not begin
(2) Part A of the national television conversion scheme must make
provision for requiring a national broadcaster to surrender one or
more transmitter licences authorising digital transmission if:
(a) the national broadcaster does not commence digital
transmission as mentioned in paragraph 19(3)(a) or (b) of this
Schedule; and
(b) the national broadcaster does not satisfy the ACMA that
there are exceptional circumstances.
Return of spectrum if digital transmission does not continue
throughout the simulcast period
(3) Part A of the national television conversion scheme must make
provision for requiring a national broadcaster to surrender one or
more transmitter licences authorising digital transmission if:
(a) the national broadcaster commences digital transmission as
mentioned in paragraph 19(3)(a) or (b) of this Schedule; and
(b) the national broadcaster ceases digital transmission during
the simulcast period for the coverage area concerned; and
(c) under the scheme, the ACMA gives the national broadcaster
a written direction to:
(i) resume digital transmission in that area within the
period specified in the direction (being a period that is
not longer than one month); and
(ii) continue digital transmission throughout the simulcast
period for that area; and
(d) the national broadcaster does not comply with a direction
referred to in paragraph (c); and
(e) the national broadcaster does not satisfy the ACMA that
there are exceptional circumstances.
Return of spectrum if format and HDTV requirements contravened
(7) Part A of the national television conversion scheme must make
provision for requiring a national broadcaster to surrender the
transmitter licence or licences that authorised the transmission of
the national television broadcasting service concerned in digital
mode in the coverage area concerned if:
(a) the national broadcaster contravenes:
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72 Broadcasting Services Act 1992
(i) subclause 35AA(1); or
(ii) a SDTV national television format standard; or
(iii) a HDTV national television format standard; or
(iv) subclause 37F(1); or
(v) a standard under subclause 37F(3); and
(b) under the scheme, the ACMA gives the national broadcaster
a written direction to comply with that provision or standard
within the period specified in the direction (being a period
that is not longer than one month); and
(c) the national broadcaster does not comply with a direction
referred to in paragraph (b); and
(d) the national broadcaster does not satisfy the ACMA that
there are exceptional circumstances.
(8) Subclause (7) does not prevent the national television conversion
scheme from making provision for the issue of a transmitter licence
to replace a licence that was surrendered on the grounds of a
contravention of a provision or standard mentioned in
subparagraph (7)(a)(i), (iii), (iv) or (v). However, the amount of
transmission capacity covered by the replacement licence must be
less than the amount of transmission capacity covered by the
surrendered licence.
Remote coverage areas
(10) Part B of the national television conversion scheme may make
provision for requiring a national broadcaster to surrender one or
more transmitter licences authorising analog transmission or
authorising digital transmission if the national broadcaster does not
comply with:
(a) a specified requirement of that Part of the scheme; or
(b) subclause 35AA(2); or
(c) a SDTV national television format standard; or
(d) a HDTV national television format standard; or
(e) a standard applicable to the national broadcaster under
subclause 37H(1); or
(f) a standard applicable to the national broadcaster under
subclause 37H(2).
(10A) Subclause (10) does not prevent the national television conversion
scheme from making provision for the issue of a transmitter licence
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Clause 24
Broadcasting Services Act 1992 73
to replace a licence that was surrendered on the grounds of a
contravention of the provision mentioned in paragraph (10)(b) or a
standard mentioned in paragraph (10)(d), (e) or (f). However, the
amount of transmission capacity covered by the replacement
licence must be less than the amount of transmission capacity
covered by the surrendered licence.
(11) Part B of the national television conversion scheme may make
provision for the variation of the conditions of a transmitter licence
that authorised analog transmission of a national television
broadcasting service in a remote coverage area so as to ensure that
the licence authorises digital transmission of that service in that
area.
24 Amendment of certain plans and guidelines
(1) The national television conversion scheme may amend the
frequency allotment plan or a licence area plan.
(2) The national television conversion scheme may amend technical
planning guidelines in force under section 33.
(3) Subclauses (1) and (2) do not limit the ACMA’s powers under
sections 25, 26 and 33.
25 Reviews and reports
The national television conversion scheme may provide for the
ACMA to conduct reviews, and report to the Minister, on specified
matters.
26 Ancillary or incidental provisions
The national television conversion scheme may contain such
ancillary or incidental provisions as the ACMA considers
appropriate.
27 ACMA to have regard to datacasting allocation power
(1) In formulating or varying the national television conversion
scheme, the ACMA must have regard to its power under
subsection 34(3) (which deals with datacasting allocation).
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Part 3 ABC/SBS television
Clause 28
74 Broadcasting Services Act 1992
(2) Subclause (1) does not limit the matters to which the ACMA may
have regard.
28 ACMA to have regard to special circumstances that apply in
remote coverage areas
(1) In formulating or varying Part B of the national television
conversion scheme, the ACMA must have regard to the special
circumstances that apply to the transmission of national television
broadcasting services in remote coverage areas.
(2) Subclause (1) does not limit the matters to which the ACMA may
have regard.
29 Minister may give directions to the ACMA
(1) In formulating or varying the national television conversion
scheme, the ACMA must comply with any written directions given
to it by the Minister under this subclause.
(2) A direction under subclause (1) may be of a general or specific
nature.
(3) The Minister must arrange for a copy of a direction under
subclause (1) to be published in the Gazette within 14 days after
the direction is given.
30 Variation of scheme
(1) The national television conversion scheme may be varied, but not
revoked, in accordance with subsection 33(3) of the Acts
Interpretation Act 1901.
(2) Subclause (1) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 to other instruments under this
Act.
31 Scheme to be a disallowable instrument
An instrument under subclause 19(1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901.
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Clause 32
Broadcasting Services Act 1992 75
32 Scheme does not take effect until approved by the Minister
The national television conversion scheme, or a variation of the
scheme, does not take effect unless and until it is approved, in
writing, by the Minister.
33 Processes to be public
In formulating or varying the national television conversion
scheme, the ACMA must make provision for:
(a) public consultation; and
(b) consultation with national broadcasters; and
(c) consultation with holders of commercial television
broadcasting licences; and
(e) consultation with owners and operators of broadcasting
transmission towers.
34 Compliance with scheme
A national broadcaster must comply with the national television
conversion scheme.
35 Simulcasting requirements
(1) If there is a simulcast period for a coverage area, a national
broadcaster must not broadcast a television program in SDTV
digital mode in so much of that coverage area as is not a
digital-only local market area during the simulcast period for that
coverage area unless the program is broadcast simultaneously by
the national broadcaster in analog mode in so much of that
coverage area as is not a digital-only local market area.
(2) Subclause 19(8) applies to this clause in a corresponding way to
the way in which it applies to paragraph 19(3)(c) of this Schedule
and subclause 19(7) of this Schedule.
(3) This clause does not apply to a SDTV multi-channelled national
television broadcasting service.
35A Certain transmissions to be disregarded
(1) For the purposes of clauses 34 and 35, if:
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Part 3 ABC/SBS television
Clause 35AA
76 Broadcasting Services Act 1992
(a) a transmitter licence was issued under section 100 of the
Radiocommunications Act 1992; and
(b) the transmitter licence authorises the operation of one or
more transmitters for transmitting one or more national
television broadcasting services in digital mode;
ignore any transmission of those services in digital mode by those
transmitters.
(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.
35AA National broadcasters must provide HDTV multi-channelled
national television broadcasting service during simulcast
period etc.
(1) If there is a simulcast period for a coverage area, a national
broadcaster must provide at least one HDTV multi-channelled
national television broadcasting service in the coverage area during
that period.
(2) If:
(a) there is a simulcast-equivalent period for a coverage area;
and
(b) under the regulations, a national broadcaster is required to
provide a HDTV multi-channelled national television
broadcasting service in the coverage area during that period;
the national broadcaster must comply with that requirement.
36 Digital transmitter not to be used to provide a subscription
television broadcasting service etc.
(1) If a national broadcaster holds a transmitter licence that authorises
the operation of a transmitter for transmitting national television
broadcasting services in digital mode, the national broadcaster
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ABC/SBS television Part 3
Clause 36
Broadcasting Services Act 1992 77
must not operate, or permit the operation of, that transmitter to
transmit in digital mode:
(a) a commercial broadcasting service that provides radio
programs; or
(b) a subscription radio broadcasting service; or
(c) a subscription television broadcasting service; or
(d) a subscription radio narrowcasting service; or
(e) a subscription television narrowcasting service; or
(f) an open narrowcasting radio service; or
(g) an open narrowcasting television service.
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Schedule 4 Digital television broadcasting
Part 4 Standards and HDTV quotas
Division 2 HDTV quotas and standards
Clause 37DAA
78 Broadcasting Services Act 1992
Part 4—Standards and HDTV quotas
Division 2—HDTV quotas and standards
37DAA This Division does not apply in relation to section 38C
licences
This Division does not apply in relation to a commercial television
broadcasting licence allocated under section 38c.
37DA This Division does not apply in relation to licences allocated
under subsection 40(1)
This Division does not apply in relation to a commercial television
broadcasting licence if the licence was allocated under
subsection 40(1).
37E Non-remote areas—HDTV quotas for commercial television
broadcasting licensees
(1) During the HDTV quota period for a commercial television
broadcasting licence, the licensee must transmit at least the HDTV
quota of high-definition television programs in HDTV digital mode
on the HDTV multi-channelled commercial television broadcasting
service provided by the licensee in the licence area.
(2) For the purposes of subclause (1), the HDTV quota period for a
commercial television broadcasting licence is the period:
(a) beginning:
(i) if the licence was in force immediately before 1 January
2007 and is not the licence with the service licence
number SL1150827—at the start of 1 January 2007; or
(ii) if the licence is in force immediately before 1 January
2008 and the service licence number of the licence is
SL1150827—at the start of 1 January 2008; or
(iii) in any other case—at the start of the first day after the
end of the 2-year period that begins when the licensee is
required to commence transmitting a commercial
television broadcasting service in the licence area
concerned; and
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Standards and HDTV quotas Part 4
HDTV quotas and standards Division 2
Clause 37E
Broadcasting Services Act 1992 79
(b) ending at the end of the simulcast period, or the
simulcast-equivalent period, for the licence area concerned.
Note: The licence referred to in subparagraph (a)(ii) was allocated to
Mildura Digital Television Pty Ltd for the Mildura/Sunraysia TV1
licence area.
(2A) For the purposes of subclause (1), the HDTV quota for a calendar
year, or a part of a calendar year, included in the HDTV quota
period is as follows:
(a) for a calendar year—1040 hours;
(b) for a part of a calendar year—1040 hours reduced on a
pro-rata basis.
Prime viewing hours quotas
(3) The regulations may determine standards that require commercial
television broadcasting licensees to meet specified quotas in
relation to the extent to which high-definition television programs,
or specified kinds of high-definition television programs, are
transmitted in HDTV digital mode in prime viewing hours on the
HDTV multi-channelled commercial television broadcasting
service provided by the licensee in the licence area.
Application
(4) Subclauses (1), (2) and (3) apply in relation to the transmission of a
HDTV multi-channelled commercial television broadcasting
service in a licence area that is not a remote licence area, if the
service is not transmitted using a transmitter operated under the
authority of a transmitter licence issued as mentioned in
subclause 8(8).
(5) Subclauses (1), (2) and (3) do not apply to a commercial television
broadcasting licence if an election under subclause 6(5A) or (5AA)
is in force for a commercial television broadcasting service
provided under the licence.
Note 1: For high-definition television program, see clause 37L.
Note 2: For prime viewing hours, see clause 37M.
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Part 4 Standards and HDTV quotas
Division 2 HDTV quotas and standards
Clause 37F
80 Broadcasting Services Act 1992
37F Non-remote areas—HDTV quotas for national broadcasters
(1) During the HDTV quota period for a national broadcaster, the
national broadcaster must transmit at least the HDTV quota of
high-definition television programs in HDTV digital mode on a
designated HDTV multi-channelled national television
broadcasting service provided by the broadcaster in the coverage
area.
(2) For the purposes of subclause (1), the HDTV quota period for a
national broadcaster is the period:
(a) beginning at the start of 1 January 2007; and
(b) ending after the end of the simulcast period, or the
simulcast-equivalent period, for the coverage area concerned.
(2A) For the purposes of subclause (1), the HDTV quota for a calendar
year, or a part of a calendar year, included in the HDTV quota
period is as follows:
(a) for a calendar year—1040 hours;
(b) for a part of a calendar year—1040 hours reduced on a
pro-rata basis.
Prime viewing hours quotas
(3) The regulations may determine standards that require national
broadcasters to meet specified quotas in relation to the extent to
which high-definition television programs, or specified kinds of
high-definition television programs, are transmitted in HDTV
digital mode in prime viewing hours on a designated HDTV
multi-channelled national television broadcasting service.
Application
(4) Subclauses (1), (2) and (3) apply in relation to the transmission of a
designated HDTV multi-channelled national television
broadcasting service in a coverage area that is not a remote
coverage area, if the service is not transmitted using a transmitter
operated under the authority of a transmitter licence issued as
mentioned in subclause 23(8).
Note 1: For high-definition television program, see clause 37L.
Note 2: For prime viewing hours, see clause 37M.
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Digital television broadcasting Schedule 4
Standards and HDTV quotas Part 4
HDTV quotas and standards Division 2
Clause 37G
Broadcasting Services Act 1992 81
37G Remote areas—HDTV quotas for commercial television
broadcasting licensees
(1) The regulations may determine standards that require each
commercial television broadcasting licensee to meet specified
quotas in relation to the extent to which high-definition television
programs, or specified kinds of high-definition television
programs, are transmitted in HDTV digital mode on the HDTV
multi-channelled commercial television broadcasting service
provided by the licensee in the licence area.
Prime viewing hours quotas
(2) The regulations may determine standards that require commercial
television broadcasting licensees to meet specified quotas in
relation to the extent to which high-definition television programs,
or specified kinds of high-definition television programs, are
transmitted in HDTV digital mode in prime viewing hours on the
HDTV multi-channelled commercial television broadcasting
service provided by the licensee in the licence area.
Application
(3) Subclauses (1) and (2) apply in relation to the transmission of a
HDTV multi-channelled commercial television broadcasting
service in a remote licence area, if the service is not transmitted
using a transmitter operated under the authority of a transmitter
licence issued as mentioned in subclause 8(10A).
(4) Subclauses (1) and (2) do not apply to a licence if:
(a) the licensee provides an exempt remote area service under
the licence; and
(b) an election under subclause 6(7B) is in force for the service.
(5) If there is a simulcast period for the licence area of a commercial
television broadcasting licence, subclauses (1) and (2) cease to
apply to the licence at the end of that period.
(6) If there is a simulcast-equivalent period for the licence area of a
commercial television broadcasting licence, subclauses (1) and (2)
cease to apply to the licence at the end of that period.
Note 1: For high-definition television program, see clause 37L.
Note 2: For prime viewing hours, see clause 37M.
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Part 4 Standards and HDTV quotas
Division 2 HDTV quotas and standards
Clause 37H
82 Broadcasting Services Act 1992
37H Remote areas—HDTV quotas for national broadcasters
(1) The regulations may determine standards that require each national
broadcaster to meet specified quotas in relation to the extent to
which high-definition television programs, or specified kinds of
high-definition television programs, are transmitted in HDTV
digital mode on a designated HDTV multi-channelled national
television broadcasting service provided by the broadcaster in a
coverage area.
Prime viewing hours quotas
(2) The regulations may determine standards that require national
broadcasters to meet specified quotas in relation to the extent to
which high-definition television programs, or specified kinds of
high-definition television programs, are transmitted in HDTV
digital mode in prime viewing hours on a designated HDTV
multi-channelled national television broadcasting service.
Application
(3) Subclauses (1) and (2) apply in relation to the transmission of a
designated HDTV multi-channelled national television
broadcasting service in a remote coverage area, if the service is not
transmitted using a transmitter operated under the authority of a
transmitter licence issued as mentioned in subclause 23(10A).
(4) If there is a simulcast period for a coverage area, subclauses (1)
and (2) cease to apply to the coverage area at the end of that
period.
(5) If there is a simulcast-equivalent period for a coverage area,
subclauses (1) and (2) cease to apply to the coverage area at the
end of that period.
Note 1: For high-definition television program, see clause 37L.
Note 2: For prime viewing hours, see clause 37M.
37K Compliance by national broadcasters
A national broadcaster must comply with a standard under this
Division that is applicable to the broadcaster.
Note: For compliance by licensees, see clause 7 of Schedule 2.
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Digital television broadcasting Schedule 4
Standards and HDTV quotas Part 4
HDTV quotas and standards Division 2
Clause 37L
Broadcasting Services Act 1992 83
37L High-definition television programs
(1) For the purposes of the application of this Division to a
commercial television broadcasting licensee, a high-definition
television program is:
(a) a television program, or incidental material, to the extent that
it was originally produced in a high-definition digital video
format; or
(b) a television program, or incidental material, to the extent
that:
(i) it was originally produced in a non-video format (for
example, 16 mm or 35 mm film) that was of equivalent
picture quality to a high-definition digital video format;
and
(ii) it has been converted to a high-definition digital video
format;
where the conversion has not resulted in a significant
reduction in picture quality; or
(c) incidental material not covered by paragraph (a) or (b) that is
transmitted during breaks in so much of a television program
as satisfies the requirements of paragraph (a) or (b).
(2) For the purposes of the application of this Division to a national
broadcaster, a high-definition television program is:
(a) a television program, or incidental material, to the extent that
it was originally produced in a high-definition digital video
format; or
(b) a television program, or incidental material, to the extent
that:
(i) it was originally produced in a non-video format (for
example, 16 mm or 35 mm film) that was of equivalent
picture quality to a high-definition digital video format;
and
(ii) it has been converted to a high-definition digital video
format;
where the conversion has not resulted in a significant
reduction in picture quality; or
(c) a television program, or incidental material, to the extent
that:
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Schedule 4 Digital television broadcasting
Part 4 Standards and HDTV quotas
Division 2 HDTV quotas and standards
Clause 37L
84 Broadcasting Services Act 1992
(i) it was originally produced in a standard definition
digital video format; and
(ii) it has been converted to a high-definition digital video
format; or
(d) a television program, or incidental material, to the extent
that:
(i) it was originally produced in an analog video format;
and
(ii) it has been converted to a standard definition digital
video format;
where the converted program or material was subsequently
converted to a high-definition digital video format; or
(e) incidental material not covered by paragraph (a), (b), (c) or
(d) that is transmitted during breaks in so much of a
television program as satisfies the requirements of
paragraph (a), (b), (c) or (d).
(3) If material (the archival material) included in a television program
or in incidental material satisfies the following criteria:
(a) the archival material was originally produced:
(i) before 1 July 2003; or
(ii) if another day is determined in writing by the Minister
in relation to a class of television programs or incidental
material that includes the television program or
incidental material concerned—before that other day;
(b) the archival material would, apart from this subclause,
prevent the part of the television program or incidental
material which includes the archival material from satisfying
the requirements of paragraph (1)(a) or (b) or (2)(a), (b), (c)
or (d) (as the case may be);
(c) the archival material, taken together with any other material
to which paragraphs (a) and (b) apply and that is also
included in the same television program or incidental
material, amounts to an insubstantial proportion of the
television program or incidental material;
that part of the television program or incidental material is taken to
satisfy the requirements of paragraph (1)(a) or (b) or (2)(a), (b), (c)
or (d) (as the case may be).
(4) The following provisions apply to determinations of a day under
subparagraph (3)(a)(ii):
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Digital television broadcasting Schedule 4
Standards and HDTV quotas Part 4
HDTV quotas and standards Division 2
Clause 37M
Broadcasting Services Act 1992 85
(a) a day so determined may be a specified day, or a day that is
identified in some other way (for example, the day occurring
a specified period before first transmission);
(b) the Minister must not make a determination that would result
in a day so determined being earlier than 1 July 2003.
(5) A determination under subparagraph (3)(a)(ii) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(6) In this clause:
incidental material means:
(a) advertising or sponsorship material (whether or not of a
commercial kind); or
(b) a promotion for a television program or a television
broadcasting service; or
(c) community information material or community promotional
material; or
(d) a news break or weather bulletin; or
(e) any other similar material.
television program does not include incidental material (whether
transmitted during or between television programs).
37M Prime viewing hours
For the purposes of this Division, prime viewing hours are the
hours:
(a) beginning at 6 pm each day or, if another time is prescribed,
beginning at that prescribed time each day; and
(b) ending at 10.30 pm on the same day or, if another time is
prescribed, ending at that prescribed time on the same day.
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Schedule 4 Digital television broadcasting
Part 4 Standards and HDTV quotas
Division 5 Miscellaneous
Clause 41
86 Broadcasting Services Act 1992
Division 5—Miscellaneous
41 Standards may incorporate other instruments
Section 589 of the Telecommunications Act 1997 applies to
regulations made for the purposes of this Part in a corresponding
way to the way in which it applies to an instrument under that Act.
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
Commercial television broadcasting services Division 1
Clause 41A
Broadcasting Services Act 1992 87
Part 4A—Restrictions on televising anti-siphoning
events
Division 1—Commercial television broadcasting services
41A SDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period if there is a core service etc.
Scope
(1) This clause applies to a commercial television broadcasting
licensee if:
(a) there is a simulcast period, or a simulcast-equivalent period,
for the licence area of the licence; and
(b) during that period, the licensee provides a core commercial
television broadcasting service in the licence area.
Televising the whole of an anti-siphoning event
(2) During that period, the licensee must not televise on a SDTV
multi-channelled commercial television broadcasting service in the
licence area the whole of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
whole of the event on the core commercial television
broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the whole of the event on both:
(i) the core commercial television broadcasting service;
and
(ii) the SDTV multi-channelled commercial television
broadcasting service.
Televising a part of an anti-siphoning event
(3) During that period, the licensee must not televise on a SDTV
multi-channelled commercial television broadcasting service in the
licence area a part of an anti-siphoning event unless:
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 1 Commercial television broadcasting services
Clause 41B
88 Broadcasting Services Act 1992
(a) the licensee has previously televised in the licence area the
part of the event on the core commercial television
broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the part of the event on both:
(i) the core commercial television broadcasting service;
and
(ii) the SDTV multi-channelled commercial television
broadcasting service; or
(c) the licensee televises the part of the event in a news or
current affairs program broadcast on the SDTV
multi-channelled commercial television broadcasting service.
Note: For anti-siphoning event, see subsection 6(1).
Licences allocated under section 38C
(4) This clause does not apply in relation to a licence allocated under
section 38c.
41B SDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period if there is a primary service
etc.
Scope
(1) This clause applies to a commercial television broadcasting
licensee if:
(a) subsection 41B(2), (2C) or (2CB) applies to the licence; and
(b) there is a simulcast period, or a simulcast-equivalent period,
for the licence area of the licence; and
(c) during that period, the licensee provides:
(i) a SDTV multi-channelled commercial television
broadcasting service that is the licensee’s primary
commercial television broadcasting service; and
(ii) another SDTV multi-channelled commercial television
broadcasting service (the secondary commercial
television broadcasting service).
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
Commercial television broadcasting services Division 1
Clause 41B
Broadcasting Services Act 1992 89
Televising the whole of an anti-siphoning event
(2) During that period, the licensee must not televise on the secondary
commercial television broadcasting service in the licence area the
whole of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
whole of the event on the licensee’s primary commercial
television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the whole of the event on both:
(i) the licensee’s primary commercial television
broadcasting service; and
(ii) the secondary commercial television broadcasting
service.
Televising a part of an anti-siphoning event
(3) During that period, the licensee must not televise on the secondary
commercial television broadcasting service in the licence area a
part of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
part of the event on the licensee’s primary commercial
television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the part of the event on both:
(i) the licensee’s primary commercial television
broadcasting service; and
(ii) the secondary commercial television broadcasting
service; or
(c) the licensee televises the part of the event in a news or
current affairs program broadcast on the secondary
commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service, see
subclause 41G(1).
Note 2: For anti-siphoning event, see subsection 6(1).
Licences allocated under section 38C
(4) This clause does not apply in relation to a licence allocated under
section 38c.
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 1 Commercial television broadcasting services
Clause 41C
90 Broadcasting Services Act 1992
41C HDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period if there is a core service etc.
Scope
(1) This clause applies to a commercial television broadcasting
licensee if:
(a) there is a simulcast period, or a simulcast-equivalent period,
for the licence area of the licence; and
(b) during that period, the licensee provides a core commercial
television broadcasting service in the licence area.
Televising the whole of an anti-siphoning event
(2) During that period, the licensee must not televise on a HDTV
multi-channelled commercial television broadcasting service in the
licence area the whole of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
whole of the event on the core commercial television
broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the whole of the event on both:
(i) the core commercial television broadcasting service;
and
(ii) the HDTV multi-channelled commercial television
broadcasting service.
Televising a part of an anti-siphoning event
(3) During that period, the licensee must not televise on a HDTV
multi-channelled commercial television broadcasting service in the
licence area a part of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
part of the event on the core commercial television
broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the part of the event on both:
(i) the core commercial television broadcasting service;
and
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
Commercial television broadcasting services Division 1
Clause 41D
Broadcasting Services Act 1992 91
(ii) the HDTV multi-channelled commercial television
broadcasting service; or
(c) the licensee televises the part of the event in a news or
current affairs program broadcast on the HDTV
multi-channelled commercial television broadcasting service.
Note: For anti-siphoning event, see subsection 6(1).
Licences allocated under section 38C
(4) This clause does not apply in relation to a licence allocated under
section 38c.
41D HDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period if there is a primary service
etc.
Scope
(1) This clause applies to a commercial television broadcasting
licensee if:
(a) subsection 41B(2), (2C) or (2CB) applies to the licence; and
(b) there is a simulcast period, or a simulcast-equivalent period,
for the licence area of the licence; and
(c) during that period, the licensee provides a primary
commercial television broadcasting service in the licence
area.
Televising the whole of an anti-siphoning event
(2) During that period, the licensee must not televise on a HDTV
multi-channelled commercial television broadcasting service in the
licence area the whole of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
whole of the event on the licensee’s primary commercial
television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the whole of the event on both:
(i) the licensee’s primary commercial television
broadcasting service; and
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 1 Commercial television broadcasting services
Clause 41E
92 Broadcasting Services Act 1992
(ii) the HDTV multi-channelled commercial television
broadcasting service.
Televising a part of an anti-siphoning event
(3) During that period, the licensee must not televise on a HDTV
multi-channelled commercial television broadcasting service in the
licence area a part of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
part of the event on the licensee’s primary commercial
television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the part of the event on both:
(i) the licensee’s primary commercial television
broadcasting service; and
(ii) the HDTV multi-channelled commercial television
broadcasting service; or
(c) the licensee televises the part of the event in a news or
current affairs program broadcast on the HDTV
multi-channelled commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service, see
subclause 41G(1).
Note 2: For anti-siphoning event, see subsection 6(1).
Licences allocated under section 38C
(4) This clause does not apply in relation to a licence allocated under
section 38c.
41E SDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
after the end of the simulcast period etc.
Scope
(1) This clause applies to a commercial television broadcasting
licensee after the end of the simulcast period, or the
simulcast-equivalent period, for the licence area of the licence if
the licensee provides:
(a) a SDTV multi-channelled commercial television
broadcasting service that is the licensee’s primary
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
Commercial television broadcasting services Division 1
Clause 41E
Broadcasting Services Act 1992 93
commercial television broadcasting service in the licence
area; and
(b) one or more other SDTV multi-channelled commercial
television broadcasting services (the secondary commercial
television broadcasting services) in the licence area.
Televising the whole of an anti-siphoning event
(2) The licensee must not televise on a secondary commercial
television broadcasting service in the licence area the whole of an
anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
whole of the event on the licensee’s primary commercial
television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the whole of the event on both:
(i) the licensee’s primary commercial television
broadcasting service; and
(ii) the secondary commercial television broadcasting
service.
Televising a part of an anti-siphoning event
(3) The licensee must not televise on a secondary commercial
television broadcasting service in the licence area a part of an
anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
part of the event on the licensee’s primary commercial
television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the part of the event on both:
(i) the licensee’s primary commercial television
broadcasting service; and
(ii) the secondary commercial television broadcasting
service; or
(c) the licensee televises the part of the event in a news or
current affairs program broadcast on the secondary
commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service, see
subclause 41G(2).
Note 2: For anti-siphoning event, see subsection 6(1).
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 1 Commercial television broadcasting services
Clause 41F
94 Broadcasting Services Act 1992
Licences allocated under section 38C
(4) This clause does not apply in relation to a licence allocated under
section 38c.
41F HDTV multi-channelled commercial television broadcasting
service—restrictions on televising anti-siphoning events
after the end of the simulcast period etc.
Scope
(1) This clause applies to a commercial television broadcasting
licensee after the end of the simulcast period, or the
simulcast-equivalent period, for the licence area of the licence.
Televising the whole of an anti-siphoning event
(2) The licensee must not televise on a HDTV multi-channelled
commercial television broadcasting service in the licence area the
whole of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
whole of the event on the licensee’s primary commercial
television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the whole of the event on both:
(i) the licensee’s primary commercial television
broadcasting service; and
(ii) the HDTV multi-channelled commercial television
broadcasting service.
Televising a part of an anti-siphoning event
(3) The licensee must not televise on a HDTV multi-channelled
commercial television broadcasting service in the licence area a
part of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
part of the event on the licensee’s primary commercial
television broadcasting service; or
(b) the licensee will televise simultaneously in the licence area
the part of the event on both:
(i) the licensee’s primary commercial television
broadcasting service; and
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
Commercial television broadcasting services Division 1
Clause 41FA
Broadcasting Services Act 1992 95
(ii) the HDTV multi-channelled commercial television
broadcasting service; or
(c) the licensee televises the part of the event in a news or
current affairs program broadcast on the HDTV
multi-channelled commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service, see
subclause 41G(2).
Note 2: For anti-siphoning event, see subsection 6(1).
Licences allocated under section 38C
(4) This clause does not apply in relation to a licence allocated under
section 38c.
41FA SDTV multi-channelled commercial television broadcasting
service provided under a section 38C licence—restrictions
on televising anti-siphoning events
Scope
(1) This clause applies to a commercial television broadcasting
licensee if:
(a) the licence was allocated under section 38C; and
(b) the licensee provides:
(i) a SDTV multi-channelled commercial television
broadcasting service that is one of the licensee’s
primary commercial television broadcasting services in
the licence area; and
(ii) one or more SDTV multi-channelled commercial
television broadcasting services that are not the
licensee’s primary commercial television broadcasting
services (the secondary commercial television
broadcasting services) in the licence area.
Televising the whole of an anti-siphoning event
(2) The licensee must not televise on a secondary commercial
television broadcasting service in the licence area the whole of an
anti-siphoning event unless:
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 1 Commercial television broadcasting services
Clause 41FB
96 Broadcasting Services Act 1992
(a) the licensee has previously televised in the licence area the
whole of the event on one or more of the licensee’s primary
commercial television broadcasting services; or
(b) the licensee will televise simultaneously in the licence area
the whole of the event on:
(i) one or more of the licensee’s primary commercial
television broadcasting services; and
(ii) the secondary commercial television broadcasting
service.
Televising a part of an anti-siphoning event
(3) The licensee must not televise on a secondary commercial
television broadcasting service in the licence area a part of an
anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
part of the event on one or more of the licensee’s primary
commercial television broadcasting services; or
(b) the licensee will televise simultaneously in the licence area
the part of the event on:
(i) one or more of the licensee’s primary commercial
television broadcasting service; and
(ii) the secondary commercial television broadcasting
service; or
(c) the licensee televises the part of the event in a news or
current affairs program broadcast on the secondary
commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service, see
subclause 41G(3).
Note 2: For anti-siphoning event, see subsection 6(1).
41FB HDTV multi-channelled commercial television broadcasting
service provided under a section 38C licence—restrictions
on televising anti-siphoning events
Scope
(1) This clause applies to a commercial television broadcasting
licensee if the licence was allocated under section 38c.
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
Commercial television broadcasting services Division 1
Clause 41FB
Broadcasting Services Act 1992 97
Televising the whole of an anti-siphoning event
(2) The licensee must not televise on a HDTV multi-channelled
commercial television broadcasting service in the licence area the
whole of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
whole of the event on one or more of the licensee’s primary
commercial television broadcasting services; or
(b) the licensee will televise simultaneously in the licence area
the whole of the event on:
(i) one or more of the licensee’s primary commercial
television broadcasting services; and
(ii) the HDTV multi-channelled commercial television
broadcasting service.
Televising a part of an anti-siphoning event
(3) The licensee must not televise on a HDTV multi-channelled
commercial television broadcasting service in the licence area a
part of an anti-siphoning event unless:
(a) the licensee has previously televised in the licence area the
part of the event on one or more of the licensee’s primary
commercial television broadcasting services; or
(b) the licensee will televise simultaneously in the licence area
the part of the event on:
(i) one or more of the licensee’s primary commercial
television broadcasting services; and
(ii) the HDTV multi-channelled commercial television
broadcasting service; or
(c) the licensee televises the part of the event in a news or
current affairs program broadcast on the HDTV
multi-channelled commercial television broadcasting service.
Note 1: For primary commercial television broadcasting service, see
subclause 41G(3).
Note 2: For anti-siphoning event, see subsection 6(1).
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 1 Commercial television broadcasting services
Clause 41G
98 Broadcasting Services Act 1992
41G Primary commercial television broadcasting service
Service provided during the simulcast period etc.
(1) If subsection 41B(2), (2C), (2CB), (2D) or (2DB) applies to a
commercial television broadcasting licence, the ACMA may, by
legislative instrument, declare that a specified SDTV
multi-channelled commercial television broadcasting service
provided by the licensee during the simulcast period, or the
simulcast-equivalent period, for the licence area of the licence is
the licensee’s primary commercial television broadcasting service
in the licence area.
(1A) The ACMA must ensure that a declaration under subclause (1):
(a) comes into force as soon as practicable after the later of the
following:
(i) when the licensee commences to provide a SDTV
multi-channelled commercial television broadcasting
service in the licence area;
(ii) the commencement of this subclause; and
(b) is in force at all times during the period:
(i) beginning at the time worked out under paragraph (a);
and
(ii) ending at the end of the simulcast period, or
simulcast-equivalent period, for the licence area.
Service provided after the end of the simulcast period etc.
(2) The ACMA may, by legislative instrument, declare that a specified
SDTV multi-channelled commercial television broadcasting
service provided by a commercial television broadcasting licensee
after the end of the simulcast period, or the simulcast-equivalent
period, for the licence area of the licence is the licensee’s primary
commercial television broadcasting service in the licence area.
(3) The ACMA must ensure that a declaration under subclause (2) is in
force at all times after the later of the following:
(a) the end of the simulcast-period, or simulcast equivalent
period, for the licence area;
(b) when the licensee commences to provide a SDTV
multi-channelled commercial television broadcasting service
in the licence area.
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
Commercial television broadcasting services Division 1
Clause 41G
Broadcasting Services Act 1992 99
Service provided under a section 38C licence
(4) The ACMA may, by legislative instrument, declare that one or
more specified SDTV multi-channelled commercial television
broadcasting services provided by a commercial television
broadcasting licensee whose licence was allocated under
section 38C are the licensee’s primary commercial television
broadcasting services in the licence area.
(5) The number of services declared under subclause (4) in relation to
a particular licensee must not exceed 3.
(6) The ACMA must ensure that a declaration under subclause (4) is in
force at all times on and after the start date for the licence area
concerned.
Definition
(7) In this clause:
start date has the same meaning as in clause 7H of Schedule 2.
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 2 National television broadcasting services
Clause 41H
100 Broadcasting Services Act 1992
Division 2—National television broadcasting services
41H SDTV multi-channelled national television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period etc.
Scope
(1) This clause applies to a national broadcaster if there is a simulcast
period, or a simulcast-equivalent period, for a coverage area.
Televising the whole of an anti-siphoning event
(2) During that period, the national broadcaster must not televise on a
SDTV multi-channelled national television broadcasting service in
the coverage area the whole of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
coverage area the whole of the event on the national
television broadcasting service to which clause 19 applies; or
(b) the national broadcaster will televise simultaneously in the
coverage area the whole of the event on both:
(i) the national television broadcasting service to which
clause 19 applies; and
(ii) the SDTV multi-channelled national television
broadcasting service.
Televising a part of an anti-siphoning event
(3) During that period, the national broadcaster must not televise on a
SDTV multi-channelled national television broadcasting service in
the coverage area a part of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
coverage area the part of the event on the national television
broadcasting service to which clause 19 applies; or
(b) the national broadcaster will televise simultaneously in the
coverage area the part of the event on both:
(i) the national television broadcasting service to which
clause 19 applies; and
(ii) the SDTV multi-channelled national television
broadcasting service; or
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
National television broadcasting services Division 2
Clause 41J
Broadcasting Services Act 1992 101
(c) the national broadcaster televises the part of the event in a
news or current affairs program broadcast on the SDTV
multi-channelled national television broadcasting service.
Note: For anti-siphoning event, see subsection 6(1).
National television broadcasting services provided with the use of
a satellite
(4) This clause does not apply in relation to national television
broadcasting services provided with the use of a satellite.
41J HDTV multi-channelled national television broadcasting
service—restrictions on televising anti-siphoning events
during the simulcast period etc.
Scope
(1) This clause applies to a national broadcaster if there is a simulcast
period, or a simulcast-equivalent period, for a coverage area.
Televising the whole of an anti-siphoning event
(2) During that period, the national broadcaster must not televise on a
HDTV multi-channelled national television broadcasting service in
the coverage area the whole of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
coverage area the whole of the event on the national
television broadcasting service to which clause 19 applies; or
(b) the national broadcaster will televise simultaneously in the
coverage area the whole of the event on both:
(i) the national television broadcasting service to which
clause 19 applies; and
(ii) the HDTV multi-channelled national television
broadcasting service.
Televising a part of an anti-siphoning event
(3) During that period, the national broadcaster must not televise on a
HDTV multi-channelled national television broadcasting service in
the coverage area a part of an anti-siphoning event unless:
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 2 National television broadcasting services
Clause 41K
102 Broadcasting Services Act 1992
(a) the national broadcaster has previously televised in the
coverage area the part of the event on the national television
broadcasting service to which clause 19 applies; or
(b) the national broadcaster will televise simultaneously in the
coverage area the part of the event on both:
(i) the national television broadcasting service to which
clause 19 applies; and
(ii) the HDTV multi-channelled national television
broadcasting service; or
(c) the national broadcaster televises the part of the event in a
news or current affairs program broadcast on the HDTV
multi-channelled national television broadcasting service.
Note: For anti-siphoning event, see subsection 6(1).
National television broadcasting services provided with the use of
a satellite
(4) This clause does not apply in relation to national television
broadcasting services provided with the use of a satellite.
41K SDTV multi-channelled national television broadcasting
service—restrictions on televising anti-siphoning events
after the end of the simulcast period etc.
Scope
(1) This clause applies to a national broadcaster after the end of the
simulcast period, or the simulcast-equivalent period, for a coverage
area if the national broadcaster provides:
(a) a SDTV multi-channelled national television broadcasting
service that is the broadcaster’s primary national television
broadcasting service in the coverage area; and
(b) one or more other SDTV multi-channelled national television
broadcasting services (the secondary national television
broadcasting services) in the coverage area.
Televising the whole of an anti-siphoning event
(2) The national broadcaster must not televise on a secondary national
television broadcasting service in the coverage area the whole of an
anti-siphoning event unless:
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
National television broadcasting services Division 2
Clause 41K
Broadcasting Services Act 1992 103
(a) the national broadcaster has previously televised in the
coverage area the whole of the event on the broadcaster’s
primary national television broadcasting service; or
(b) the national broadcaster will televise simultaneously in the
coverage area the whole of the event on both:
(i) the broadcaster’s primary national television
broadcasting service; and
(ii) the secondary national television broadcasting service.
Televising a part of an anti-siphoning event
(3) The national broadcaster must not televise on a secondary national
television broadcasting service in the coverage area a part of an
anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
coverage area the part of the event on the broadcaster’s
primary national television broadcasting service; or
(b) the national broadcaster will televise simultaneously in the
coverage area the part of the event on both:
(i) the broadcaster’s primary national television
broadcasting service; and
(ii) the secondary national television broadcasting service;
or
(c) the national broadcaster televises the part of the event in a
news or current affairs program broadcast on the secondary
national television broadcasting service.
Note 1: For primary national television broadcasting service, see clause 41M.
Note 2: For anti-siphoning event, see subsection 6(1).
National television broadcasting services provided with the use of
a satellite
(4) This clause does not apply in relation to national television
broadcasting services provided with the use of a satellite.
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 2 National television broadcasting services
Clause 41L
104 Broadcasting Services Act 1992
41L HDTV multi-channelled national television broadcasting
service—restrictions on televising anti-siphoning events
after the end of the simulcast period etc.
Scope
(1) This clause applies to a national broadcaster after the end of the
simulcast period, or the simulcast-equivalent period, for a coverage
area.
Televising the whole of an anti-siphoning event
(2) The national broadcaster must not televise on a HDTV
multi-channelled national television broadcasting service in the
coverage area the whole of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
coverage area the whole of the event on the broadcaster’s
primary national television broadcasting service; or
(b) the national broadcaster will televise simultaneously in the
coverage area the whole of the event on both:
(i) the broadcaster’s primary national television
broadcasting service; and
(ii) the HDTV multi-channelled national television
broadcasting service.
Televising a part of an anti-siphoning event
(3) The national broadcaster must not televise on a HDTV
multi-channelled national television broadcasting service in the
coverage area a part of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
coverage area the part of the event on the broadcaster’s
primary national television broadcasting service; or
(b) the national broadcaster will televise simultaneously in the
coverage area the part of the event on both:
(i) the broadcaster’s primary national television
broadcasting service; and
(ii) the HDTV multi-channelled national television
broadcasting service; or
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
National television broadcasting services Division 2
Clause 41LA
Broadcasting Services Act 1992 105
(c) the national broadcaster televises the part of the event in a
news or current affairs program broadcast on the HDTV
multi-channelled national television broadcasting service.
Note 1: For primary national television broadcasting service, see clause 41M.
Note 2: For anti-siphoning event, see subsection 6(1).
National television broadcasting services provided with the use of
a satellite
(4) This clause does not apply in relation to national television
broadcasting services provided with the use of a satellite.
41LA SDTV multi-channelled national television broadcasting
service provided with the use of a satellite—restrictions
on televising anti-siphoning events
Scope
(1) This clause applies to a national broadcaster if the national
broadcaster provides, with the use of a satellite:
(a) a SDTV multi-channelled national television broadcasting
service that is the broadcaster’s primary satellite national
television broadcasting service in a satellite delivery area;
and
(b) one or more other SDTV multi-channelled national television
broadcasting services (the secondary national television
broadcasting services) in the satellite delivery area.
Televising the whole of an anti-siphoning event
(2) The national broadcaster must not televise on a secondary national
television broadcasting service in the satellite delivery area the
whole of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
satellite delivery area the whole of the event on the
broadcaster’s primary satellite national television
broadcasting service; or
(b) the national broadcaster will televise simultaneously in the
satellite delivery area the whole of the event on both:
(i) the broadcaster’s primary satellite national television
broadcasting service; and
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 2 National television broadcasting services
Clause 41LB
106 Broadcasting Services Act 1992
(ii) the secondary national television broadcasting service.
Televising a part of an anti-siphoning event
(3) The national broadcaster must not televise on a secondary national
television broadcasting service in the satellite delivery area a part
of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
satellite delivery area the part of the event on the
broadcaster’s primary satellite national television
broadcasting service; or
(b) the national broadcaster will televise simultaneously in the
satellite delivery area the part of the event on both:
(i) the broadcaster’s primary satellite national television
broadcasting service; and
(ii) the secondary national television broadcasting service;
or
(c) the national broadcaster televises the part of the event in a
news or current affairs program broadcast on the secondary
national television broadcasting service.
Note 1: For primary satellite national television broadcasting service, see
clause 41N.
Note 2: For anti-siphoning event, see subsection 6(1).
41LB HDTV multi-channelled national television broadcasting
service provided with the use of a satellite—restrictions
on televising anti-siphoning events
Scope
(1) This clause applies to a national broadcaster if the national
broadcaster provides, with the use of a satellite, a HDTV
multi-channelled national television broadcasting service.
Televising the whole of an anti-siphoning event
(2) The national broadcaster must not televise on the HDTV
multi-channelled national television broadcasting service in a
satellite delivery area the whole of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
satellite delivery area the whole of the event on the
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Digital television broadcasting Schedule 4
Restrictions on televising anti-siphoning events Part 4A
National television broadcasting services Division 2
Clause 41M
Broadcasting Services Act 1992 107
broadcaster’s primary satellite national television
broadcasting service; or
(b) the national broadcaster will televise simultaneously in the
satellite delivery area the whole of the event on both:
(i) the broadcaster’s primary satellite national television
broadcasting service; and
(ii) the HDTV multi-channelled national television
broadcasting service.
Televising a part of an anti-siphoning event
(3) The national broadcaster must not televise on the HDTV
multi-channelled national television broadcasting service in a
satellite delivery area a part of an anti-siphoning event unless:
(a) the national broadcaster has previously televised in the
satellite delivery area the part of the event on the
broadcaster’s primary satellite national television
broadcasting service; or
(b) the national broadcaster will televise simultaneously in the
satellite delivery area the part of the event on both:
(i) the broadcaster’s primary satellite national television
broadcasting service; and
(ii) the HDTV multi-channelled national television
broadcasting service; or
(c) the national broadcaster televises the part of the event in a
news or current affairs program broadcast on the HDTV
multi-channelled national television broadcasting service.
Note 1: For primary satellite national television broadcasting service, see
clause 41N.
Note 2: For anti-siphoning event, see subsection 6(1).
41M Primary national television broadcasting service
(1) A national broadcaster must, by written notice given to the
Minister, declare that a specified SDTV multi-channelled national
television broadcasting service provided by the national
broadcaster after the end of the simulcast period, or the
simulcast-equivalent period, for a coverage area is the
broadcaster’s primary national television broadcasting service in
the coverage area.
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Schedule 4 Digital television broadcasting
Part 4A Restrictions on televising anti-siphoning events
Division 2 National television broadcasting services
Clause 41N
108 Broadcasting Services Act 1992
(2) The national broadcaster must ensure that a declaration under
subclause (1) is in force at all times after the end of the simulcast
period, or the simulcast-equivalent period, for the coverage area
concerned.
41N Primary satellite national television broadcasting service
Primary national television broadcasting service
(1) A national broadcaster must, by written notice given to the
Minister, declare that a specified SDTV multi-channelled national
television broadcasting service provided by the national
broadcaster, with the use of a satellite, in a specified satellite
delivery area is the broadcaster’s primary satellite national
television broadcasting service in the satellite delivery area.
(2) The national broadcaster must ensure that a declaration under
subclause (1):
(a) comes into force as soon as practicable after the national
broadcaster commences to provide a SDTV multi-channelled
national television broadcasting service, with the use of a
satellite, in the satellite delivery area; and
(b) is in force at all times after that commencement.
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Digital television broadcasting Schedule 4
Transmitter access regime Part 5
Clause 42
Broadcasting Services Act 1992 109
Part 5—Transmitter access regime
42 Simplified outline
The following is a simplified outline of this Part:
• The owner or operator of a broadcasting transmission tower or
a designated associated facility must provide:
(a) the holder of a commercial television broadcasting
licence; or
(b) a national broadcaster;
with access to the tower or facility.
• The owner or operator of a broadcasting transmission tower or
a designated associated facility must provide a datacaster with
access to the tower or facility.
• The owner or operator of a broadcasting transmission tower
must provide:
(a) the holder of a commercial television broadcasting
licence; or
(b) a national broadcaster;
with access to the site of the tower.
• The owner or operator of a broadcasting transmission tower
must provide a datacaster with access to the site of the tower.
43 Definitions
In this Part:
ACCC means the Australian Competition and Consumer
Commission.
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Schedule 4 Digital television broadcasting
Part 5 Transmitter access regime
Clause 43A
110 Broadcasting Services Act 1992
commercial television broadcasting licence does not include a
commercial television broadcasting licence allocated under
section 38c.
datacaster means a person who holds a datacasting transmitter
licence.
datacasting transmitter licence does not include an authorisation
under section 114 of the Radiocommunications Act 1992.
designated associated facility has the meaning given by
clause 43A.
facility includes apparatus, equipment, a structure, a line or an
electricity cable or wire.
site means:
(a) land; or
(b) a building on land; or
(c) a structure on land.
43A Designated associated facilities
For the purposes of this Part, a designated associated facility
means any of the following facilities:
(a) an antenna;
(b) a combiner;
(c) a feeder system;
(d) a facility of a kind specified in the regulations;
where:
(e) the facility is, or is to be, associated with a transmitter; and
(f) the facility is used, or capable of being used, in connection
with:
(i) the transmission of a television broadcasting service in
digital mode; or
(ii) the provision of datacasting services in digital mode.
44 Extended meaning of access
(1) For the purposes of this Part, giving access to a tower includes
replacing the tower with another tower located on the same site and
giving access to the replacement tower.
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Digital television broadcasting Schedule 4
Transmitter access regime Part 5
Clause 45
Broadcasting Services Act 1992 111
(2) For the purposes of this Part, giving access to a site on which is
situated a tower includes replacing the tower with another tower
located on the site.
(3) For the purposes of this Part, giving access to a designated
associated facility includes:
(a) replacing the facility with another facility located on the
same site and giving access to the replacement facility; or
(b) giving access to a service provided by means of the
designated associated facility.
45 Access to broadcasting transmission towers
Television broadcasting services in digital mode
(1) The owner or operator of a broadcasting transmission tower must,
if requested to do so by the holder of a commercial television
broadcasting licence (the access seeker), or a national broadcaster
(also the access seeker), give the access seeker access to the tower.
(2) The owner or operator of the broadcasting transmission tower is
not required to comply with subclause (1) unless:
(a) the access is provided for the sole purpose of enabling the
access seeker to install or maintain a transmitter and/or
associated facilities used, or for use, wholly or principally in
connection with the transmission of the access seeker’s
television broadcasting service or services in digital mode;
and
(b) the access seeker gives the owner or operator reasonable
notice that the access seeker requires the access.
Datacasting services in digital mode
(3) The owner or operator of a broadcasting transmission tower must,
if requested to do so by a datacaster (the access seeker), give the
access seeker access to the tower.
(4) The owner or operator of the broadcasting transmission tower is
not required to comply with subclause (3) unless:
(a) the access is provided for the sole purpose of enabling the
access seeker to install or maintain a transmitter and/or
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Schedule 4 Digital television broadcasting
Part 5 Transmitter access regime
Clause 45A
112 Broadcasting Services Act 1992
associated facilities used, or for use, in connection with the
provision of datacasting services in digital mode; and
(b) the access seeker gives the owner or operator reasonable
notice that the access seeker requires the access.
Compliance not technically feasible
(5) The owner or operator of a broadcasting transmission tower is not
required to comply with subclause (1) or (3) if there is in force a
written certificate issued by the ACMA stating that, in the
ACMA’s opinion, compliance with subclause (1) or (3), as the case
may be, in relation to that tower is not technically feasible.
(6) In determining whether compliance with subclause (1) or (3) in
relation to a tower is technically feasible, the ACMA must have
regard to:
(a) whether compliance is likely to result in significant
difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat
to the health or safety of persons who operate, or work on,
the tower; and
(c) if compliance is likely to have a result referred to in
paragraph (a) or (b)—whether there are practicable means of
avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a
facility situated on the tower; and
(ii) making alterations to the tower; and
(d) such other matters (if any) as the ACMA considers relevant.
Issue of certificate
(7) If the ACMA receives a request to make a decision about the issue
of a certificate under subclause (5), the ACMA must use its best
endeavours to make that decision within 10 business days after the
request was made.
45A Access to designated associated facilities
(1) This clause applies to a designated associated facility if the facility
is situated on, at, in or under:
(a) a broadcasting transmission tower; or
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Digital television broadcasting Schedule 4
Transmitter access regime Part 5
Clause 45A
Broadcasting Services Act 1992 113
(b) the site on which a broadcasting transmission tower is
situated.
Television broadcasting services in digital mode
(2) The owner or operator of the designated associated facility must, if
requested to do so by the holder of a commercial television
broadcasting licence (the access seeker), or a national broadcaster
(also called the access seeker), give the access seeker access to the
facility.
(3) The owner or operator of the designated associated facility is not
required to comply with subclause (2) unless:
(a) the access is provided for the sole purpose of enabling the
access seeker to use the facility, or a service provided by
means of the facility, wholly or principally in connection
with the transmission of the access seeker’s television
broadcasting service or services in digital mode; and
(b) the access seeker gives the owner or operator reasonable
notice that the access seeker requires the access.
Datacasting services in digital mode
(4) The owner or operator of the designated associated facility must, if
requested to do so by a datacaster (the access seeker), give the
access seeker access to the facility.
(5) The owner or operator of the designated associated facility is not
required to comply with subclause (4) unless:
(a) the access is provided for the sole purpose of enabling the
access seeker to use the facility, or a service provided by
means of the facility, wholly or principally in connection
with the provision of datacasting services in digital mode;
and
(b) the access seeker gives the owner or operator reasonable
notice that the access seeker requires the access.
Compliance not technically feasible
(6) The owner or operator of a designated associated facility is not
required to comply with subclause (2) or (4) if there is in force a
written certificate issued by the ACMA stating that, in the
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Schedule 4 Digital television broadcasting
Part 5 Transmitter access regime
Clause 46
114 Broadcasting Services Act 1992
ACMA’s opinion, compliance with subclause (2) or (4), as the case
may be, in relation to that facility is not technically feasible.
(7) In determining whether compliance with subclause (2) or (4) in
relation to a facility is technically feasible, the ACMA must have
regard to:
(a) whether compliance is likely to result in significant
difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat
to the health or safety of persons who operate, or work on, a
facility situated on the site; and
(c) if compliance is likely to have a result referred to in
paragraph (a) or (b)—whether there are practicable means of
avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a
facility situated on the site; and
(ii) making alterations to a facility situated on the site; and
(d) such other matters (if any) as the ACMA considers relevant.
Issue of certificate
(8) If the ACMA receives a request to make a decision about the issue
of a certificate under subclause (6), the ACMA must use its best
endeavours to make that decision within 10 business days after the
request was made.
Exemptions
(9) The regulations may provide for exemptions from subclauses (2)
and (4).
(10) Regulations made for the purposes of subclause (9) may make
provision with respect to a matter by conferring on the ACCC a
power to make a decision of an administrative character.
46 Access to sites of broadcasting transmission towers
Television broadcasting services in digital mode
(1) The owner or operator of a broadcasting transmission tower must,
if requested to do so by the holder of a commercial television
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Digital television broadcasting Schedule 4
Transmitter access regime Part 5
Clause 46
Broadcasting Services Act 1992 115
broadcasting licence (the access seeker), or a national broadcaster
(also the access seeker), give the access seeker access to a site if:
(a) the tower is situated on the site; and
(b) either:
(i) the site is owned, occupied or controlled by the owner
or operator of the tower; or
(ii) the owner or operator of the tower has a right (either
conditional or unconditional) to use the site.
(2) The owner or operator of the broadcasting transmission tower is
not required to comply with subclause (1) unless:
(a) the access is provided for the sole purpose of enabling the
access seeker to install or maintain a transmitter and/or
associated facilities used, or for use, wholly or principally in
connection with the transmission of the access seeker’s
television broadcasting service or services in digital mode;
and
(b) the access seeker gives the owner or operator reasonable
notice that the access seeker requires the access.
Datacasting services in digital mode
(3) The owner or operator of a broadcasting transmission tower must,
if requested to do so by a datacaster (the access seeker), give the
access seeker access to a site if the tower is situated on the site.
(4) The owner or operator of the broadcasting transmission tower is
not required to comply with subclause (3) unless:
(a) the access is provided for the sole purpose of enabling the
access seeker to install or maintain a transmitter and/or
associated facilities used, or for use, in connection with the
provision of datacasting services in digital mode; and
(b) the access seeker gives the owner or operator reasonable
notice that the access seeker requires the access.
Compliance not technically feasible
(5) The owner or operator of a broadcasting transmission tower is not
required to comply with subclause (1) or (3) if there is in force a
written certificate issued by the ACMA stating that, in the
ACMA’s opinion, compliance with subclause (1) or (3), as the case
may be, in relation to that tower is not technically feasible.
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Schedule 4 Digital television broadcasting
Part 5 Transmitter access regime
Clause 47
116 Broadcasting Services Act 1992
(6) In determining whether compliance with subclause (1) or (3) in
relation to a site is technically feasible, the ACMA must have
regard to:
(a) whether compliance is likely to result in significant
difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat
to the health or safety of persons who operate, or work on, a
facility situated on the site; and
(c) if compliance is likely to have a result referred to in
paragraph (a) or (b)—whether there are practicable means of
avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a
facility situated on the site; and
(ii) making alterations to a facility situated on the site; and
(d) such other matters (if any) as the ACMA considers relevant.
Issue of certificate
(7) If the ACMA receives a request to make a decision about the issue
of a certificate under subclause (5), the ACMA must use its best
endeavours to make that decision within 10 business days after the
request was made.
47 Terms and conditions of access
Access to towers
(1) The owner or operator of a broadcasting transmission tower must
comply with subclause 45(1) or (3) on such terms and conditions
as are:
(a) agreed between the following parties:
(i) the owner or operator;
(ii) the access seeker (within the meaning of that
subclause); or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
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Digital television broadcasting Schedule 4
Transmitter access regime Part 5
Clause 47
Broadcasting Services Act 1992 117
Access to designated associated facilities
(1A) The owner or operator of a designated associated facility must
comply with subclause 45A(2) or (4) on such terms and conditions
as are:
(a) agreed between the following parties:
(i) the owner or operator;
(ii) the access seeker (within the meaning of that
subclause); or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
Access to sites
(2) The owner or operator of a broadcasting transmission tower must
comply with subclause 46(1) or (3) on such terms and conditions
as are:
(a) agreed between the following parties:
(i) the owner or operator;
(ii) the access seeker (within the meaning of that
subclause); or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
Conduct of arbitration
(3) The regulations may make provision for and in relation to the
conduct of an arbitration under this clause.
(4) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC
may be constituted by a single member, or a specified number of
members, of the ACCc. For each such arbitration, that member or
those members are to be nominated in writing by the Chair of the
ACCc.
(5) Subclause (4) does not, by implication, limit subclause (3).
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Schedule 4 Digital television broadcasting
Part 5 Transmitter access regime
Clause 48
118 Broadcasting Services Act 1992
48 Code relating to access
(1) The ACCC may, by written instrument, make a Code setting out
conditions that are to be complied with in relation to the provision
of access under this Part.
(2) Before making an instrument under subclause (1), the ACCC must
consult:
(a) commercial television broadcasting licensees; and
(b) national broadcasters; and
(c) owners and operators of broadcasting transmission towers.
(3) An access seeker must comply with the Code.
(4) The owner or operator of a broadcasting transmission tower must
comply with the Code, to the extent to which the Code relates to
the provision of access under clause 45 or 46.
(4A) The owner or operator of a designated associated facility must
comply with the Code, to the extent to which the Code relates to
the provision of access under clause 45A.
(5) An instrument under subclause (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.
49 Arbitration—acquisition of property
(1) This clause applies to a provision of this Part that authorises the
conduct of an arbitration (whether by the ACCC or another
person).
(2) The provision has no effect to the extent (if any) to which it
purports to authorise the acquisition of property if that acquisition:
(a) is otherwise than on just terms; and
(b) would be invalid because of paragraph 51(xxxi) of the
Constitution.
(3) In this clause:
acquisition of property has the same meaning as in
paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the
Constitution.
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Digital television broadcasting Schedule 4
Transmitter access regime Part 5
Clause 50
Broadcasting Services Act 1992 119
50 Relationship between this Part and the National Transmission
Network Sale Act 1998
Part 3 of the National Transmission Network Sale Act 1998 does
not apply in relation to an access seeker seeking access to a
broadcasting transmission tower or a site to the extent to which this
Part applies in relation to the access seeker seeking access to that
tower or site.
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Schedule 4 Digital television broadcasting
Part 6 Collection of datacasting charge
Clause 51
120 Broadcasting Services Act 1992
Part 6—Collection of datacasting charge
51 Collection of datacasting charge
Definitions
(1) In this clause:
charge means charge imposed by the Datacasting Charge
(Imposition) Act 1998.
late payment penalty means an amount that is payable by way of
penalty in accordance with a determination under subclause (3).
When charge due and payable
(2) Charge is due and payable at the time ascertained in accordance
with a written determination made by the ACMA.
Late payment penalty
(3) The ACMA may, by written instrument, determine that, if any
charge payable by a person remains unpaid after the time when it
became due for payment, the person is liable to pay to the
Commonwealth, by way of penalty, an amount calculated at the
rate of:
(a) 20% per annum; or
(b) if the determination specifies a lower percentage—that lower
percentage per annum;
on the amount unpaid, computed from that time.
Determination has effect
(4) A determination under subclause (3) has effect accordingly.
Remission of penalty
(5) A determination under subclause (3) may authorise the ACMA to
make decisions about the remission of the whole or a part of an
amount of late payment penalty.
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Digital television broadcasting Schedule 4
Collection of datacasting charge Part 6
Clause 52
Broadcasting Services Act 1992 121
Payment of charge and late payment penalty
(6) Charge and late payment penalty are payable to the ACMA on
behalf of the Commonwealth.
Recovery of charge and penalty
(7) Charge and late payment penalty may be recovered by the ACMA,
on behalf of the Commonwealth, as debts due to the
Commonwealth.
Payments to the Commonwealth
(8) Amounts received by way of charge or late payment penalty must
be paid to the Commonwealth.
Disallowable instrument
(9) A determination under subclause (2) or (3) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
52 Cancellation of certain exemptions from datacasting charge
(1) This clause cancels the effect of a provision of another Act that
would have the effect of exempting a person from liability to pay
charge imposed by the Datacasting Charge (Imposition) Act 1998.
(2) The cancellation does not apply if the provision of the other Act is
enacted after the commencement of this clause and refers
specifically to charge imposed by the Datacasting Charge
(Imposition) Act 1998.
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Schedule 4 Digital television broadcasting
Part 7 Injunctions
Clause 54
122 Broadcasting Services Act 1992
Part 7—Injunctions
54 Injunctions
Restraining injunctions
(1) If:
(a) the holder of a commercial television broadcasting licence
has, in accordance with the commercial television conversion
scheme, given an implementation plan to the ACMA; and
(b) the ACMA has approved the implementation plan; and
(c) the holder has engaged, is engaging or is proposing to engage
in any conduct in contravention of the implementation plan;
the Federal Court may, on the application of the ACMA, grant an
injunction:
(d) restraining the holder from engaging in the conduct; and
(e) if, in the court’s opinion, it is desirable to do so—requiring
the holder to do something.
(2) If a person has engaged, is engaging or is proposing to engage in
any conduct in contravention of Part 5 of this Schedule, the Federal
Court may, on the application of the ACMA or of the access seeker
referred to in that Part, grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the court’s opinion, it is desirable to do so—requiring
the person to do something.
Performance injunctions
(3) If:
(a) the holder of a commercial television broadcasting licence
has, in accordance with the commercial television conversion
scheme, given an implementation plan to the ACMA; and
(b) the ACMA has approved the implementation plan; and
(c) the holder has refused or failed, or is refusing or failing, or is
proposing to refuse or fail, to do an act or thing; and
(d) the refusal or failure was, is or would be a contravention of
the implementation plan;
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Digital television broadcasting Schedule 4
Injunctions Part 7
Clause 55
Broadcasting Services Act 1992 123
the Federal Court may, on the application of the ACMA, grant an
injunction requiring the holder to do that act or thing.
(4) If:
(a) a person has refused or failed, or is refusing or failing, or is
proposing to refuse or fail, to do an act or thing; and
(b) the refusal or failure was, is or would be a contravention of
Part 5 of this Schedule;
the Federal Court may, on the application of the ACMA or of the
access seeker referred to in that Part, grant an injunction requiring
the person to do that act or thing.
55 Interim injunctions
Grant of interim injunction
(1) If an application is made to the court for an injunction under
clause 54, the court may, before considering the application, grant
an interim injunction restraining a person from engaging in
conduct of a kind referred to in that clause.
No undertakings as to damages
(2) The court is not to require an applicant for an injunction under
clause 54, as a condition of granting an interim injunction, to give
any undertakings as to damages.
56 Discharge etc. of injunctions
The court may discharge or vary an injunction granted under this
Part.
57 Certain limits on granting injunctions not to apply
Restraining injunctions
(1) The power of the court under this Part to grant an injunction
restraining a person from engaging in conduct of a particular kind
may be exercised:
(a) if the court is satisfied that the person has engaged in conduct
of that kind—whether or not it appears to the court that the
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Schedule 4 Digital television broadcasting
Part 7 Injunctions
Clause 58
124 Broadcasting Services Act 1992
person intends to engage again, or to continue to engage, in
conduct of that kind; or
(b) if it appears to the court that, if an injunction is not granted, it
is likely that the person will engage in conduct of that kind—
whether or not the person has previously engaged in conduct
of that kind and whether or not there is an imminent danger
of substantial damage to any person if the person engages in
conduct of that kind.
Performance injunctions
(2) The power of the court under this Part to grant an injunction
requiring a person to do an act or thing may be exercised:
(a) if the court is satisfied that the person has refused or failed to
do that act or thing—whether or not it appears to the court
that the person intends to refuse or fail again, or to continue
to refuse or fail, to do that act or thing; or
(b) if it appears to the court that, if an injunction is not granted, it
is likely that the person will refuse or fail to do that act or
thing—whether or not the person has previously refused or
failed to do that act or thing and whether or not there is an
imminent danger of substantial damage to any person if the
person refuses or fails to do that act or thing.
58 Other powers of the court unaffected
The powers conferred on the court under this Part are in addition
to, and not instead of, any other powers of the court, whether
conferred by this Act or otherwise.
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Digital television broadcasting Schedule 4
Reviews Part 8
Broadcasting Services Act 1992 125
Part 8—Reviews
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Schedule 4 Digital television broadcasting
Part 10 Review of decisions
Clause 62
126 Broadcasting Services Act 1992
Part 10—Review of decisions
62 Review by the AAT
Commercial television licensees
(1) An application may be made to the AAT for a review of any of the
following decisions made by the ACMA under the commercial
television conversion scheme:
(a) a decision to refuse to approve an implementation plan, or a
variation of an implementation plan, given to the ACMA by
the holder of a commercial television broadcasting licence;
(b) a decision that the holder of a commercial television
broadcasting licence has failed to satisfy the ACMA that
exceptional circumstances exist as mentioned in
subclause 8(2), (3) or (7) (which deal with surrender of
transmitter licences);
(c) a decision to issue a replacement transmitter licence to the
holder of a commercial television broadcasting licence as
mentioned in subclause 8(8) or (10A);
(d) a prescribed decision that relates to the holder of a
commercial television broadcasting licence.
(2) An application under subclause (1) may only be made by the
licensee concerned.
National broadcasters
(3) An application may be made to the AAT for a review of any of the
following decisions made by the ACMA under the national
television conversion scheme:
(a) a decision that a national broadcaster has failed to satisfy the
ACMA that exceptional circumstances exist as mentioned in
subclause 23(2), (3) or (7) (which deal with surrender of
transmitter licences);
(b) a decision to issue a replacement transmitter licence to a
national broadcaster as mentioned in subclause 23(8) or
(10A);
(c) a prescribed decision that relates to a national broadcaster.
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Digital television broadcasting Schedule 4
Review of decisions Part 10
Clause 63
Broadcasting Services Act 1992 127
(4) An application under subclause (3) may only be made by the
national broadcaster concerned.
Transmitter access regime
(5) An application may be made to the AAT for a review of a decision
of the ACMA to issue a certificate under subclause 45(5), 45A(6)
or 46(5).
(6) An application under subclause (5) may only be made by the
access seeker concerned.
(7) An application may be made to the AAT for a review of a decision
of the ACMA to refuse to issue a certificate under subclause 45(5)
or 46(5).
(8) An application under subclause (7) may only be made by the
owner or operator of the broadcasting transmission tower
concerned.
(9) An application may be made to the AAT for a review of a decision
of the ACMA to refuse to issue a certificate under
subclause 45A(6).
(10) An application under subclause (9) may only be made by the
owner or operator of the designated associated facility concerned.
63 Notification of decisions to include notification of reasons and
appeal rights
If the ACMA makes a decision that is reviewable under clause 62,
the ACMA is to include in the document by which the decision is
notified:
(a) a statement setting out the reasons for the decision; and
(b) a statement to the effect that an application may be made to
the AAT for a review of the decision.
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Schedule 4 Digital television broadcasting
Part 11 Regional equalisation plan
Clause 64
128 Broadcasting Services Act 1992
Part 11—Regional equalisation plan
64 Regional equalisation plan
(1) As soon as practicable after the commencement of this clause, the
Minister must, by writing, formulate a plan (the regional
equalisation plan) which specifies the measures proposed to be
taken by the Minister or the Commonwealth Government:
(a) to facilitate the provision of commercial television
broadcasting services transmitted in digital mode in regional
licence areas; and
(b) to facilitate the provision of datacasting services transmitted
in digital mode in regional licence areas by the holders of
commercial television broadcasting licences.
Objectives
(2) In formulating or varying the regional equalisation plan, the
Minister must have regard to the following objectives:
(a) the objective of maximising the diversity of choice in
television services provided in regional licence areas;
(b) the objective of bringing to regional licence areas a similar
range of entertainment and information services as are
available in metropolitan licence areas;
(c) the objective of maintaining the financial viability of the
commercial television broadcasting industry in regional
licence areas;
(d) the objective of providing commercial television
broadcasting services in regional licence areas that are
relevant to, and responsive to, local needs in those areas;
(e) the objective of discouraging the concentration of media
ownership in regional licence areas.
(3) Subclause (2) does not limit the matters to which the Minister may
have regard.
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Digital television broadcasting Schedule 4
Regional equalisation plan Part 11
Clause 64
Broadcasting Services Act 1992 129
Variation of plan
(4) The regional equalisation plan may be varied, but not revoked, in
accordance with subsection 33(3) of the Acts Interpretation Act
1901.
(5) Subclause (4) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 to other instruments under this
Act.
Disallowable instrument
(6) An instrument under subclause (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.
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Schedule 5 Online services
Part 1 Introduction
Clause 2
130 Broadcasting Services Act 1992
Schedule 5—Online services Note: See section 216B.
Part 1—Introduction
2 Simplified outline
The following is a simplified outline of this Schedule:
• This Schedule sets up a system for regulating certain aspects
of the internet industry.
• If the ACMA is satisfied that internet content hosted outside
Australia is prohibited content or potential prohibited content,
the ACMA must:
(a) if the ACMA considers that the content is of a
sufficiently serious nature to warrant referral to a
law enforcement agency—notify the content to an
Australian police force; and
(b) notify the content to internet service providers so
that the providers can deal with the content in
accordance with procedures specified in an
industry code or industry standard (for example,
procedures for the filtering, by technical means, of
such content).
• Bodies and associations that represent the internet service
provider section of the internet industry may develop industry
codes.
• The ACMA has a reserve power to make an industry standard
if there are no industry codes or if an industry code is
deficient.
• The ACMA may make online provider determinations
regulating internet service providers.
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Online services Schedule 5
Introduction Part 1
Clause 3
Broadcasting Services Act 1992 131
3 Definitions
In this Schedule, unless the contrary intention appears:
AAT means the Administrative Appeals Tribunal.
access includes:
(a) access that is subject to a pre-condition (for example, the use
of a password); and
(b) access by way of push technology; and
(c) access by way of a standing request.
adult means an individual who is 18 or older.
Australia, when used in a geographical sense, includes all the
external Territories.
Australian police force means:
(a) the Australian Federal Police; or
(b) the police force of a State or Territory.
child means an individual who is not an adult.
civil proceeding includes a civil action.
Classification Board means the Classification Board established
by the Classification (Publications, Films and Computer Games)
Act 1995.
classified means classified under Schedule 7.
computer game has the same meaning as in the Classification
(Publications, Films and Computer Games) Act 1995.
data storage device means any article or material (for example, a
disk) from which information is capable of being reproduced, with
or without the aid of any other article or device.
designated notification scheme means a scheme:
(a) in the nature of a scheme for substituted service; and
(b) under which the ACMA is taken, for the purposes of this
Schedule, to have notified each internet service provider of a
matter or thing.
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Schedule 5 Online services
Part 1 Introduction
Clause 3
132 Broadcasting Services Act 1992
Note: For example, the ACMA may make matters or things available on the
internet (with or without security measures).
film has the same meaning as in the Classification (Publications,
Films and Computer Games) Act 1995.
Note: Film is defined broadly in that Act, and includes any form of
recording from which a visual image can be produced.
immediate circle has the same meaning as in the
Telecommunications Act 1997.
information means information:
(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
(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.
internet carriage service means a listed carriage service that
enables end-users to access the internet.
internet content means information that:
(a) is kept on a data storage device; and
(b) is accessed, or available for access, using an internet carriage
service;
but does not include:
(c) ordinary electronic mail; or
(d) information that is transmitted in the form of a broadcasting
service.
internet content host means a person who hosts internet content in
Australia, or who proposes to host internet content in Australia.
internet service provider has the meaning given by clause 8.
listed carriage service has the same meaning as in the
Telecommunications Act 1997.
online provider rule has the meaning given by clause 79.
ordinary electronic mail does not include a posting to a
newsgroup.
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Online services Schedule 5
Introduction Part 1
Clause 5
Broadcasting Services Act 1992 133
point-to-multipoint service has the same meaning as in the
Telecommunications Act 1997.
potential prohibited content has the same meaning as in
Schedule 7.
prohibited content has the same meaning as in Schedule 7.
special access-prevention notice means a notice under clause 47.
standard access-prevention notice means a notice under
paragraph 40(1)(c) of this Schedule.
5 Internet content that consists of a film
For the purposes of this Schedule, in determining whether internet
content consists of the entire unmodified contents of a film,
disregard any differences between:
(a) the technique used to embody sounds and/or visual images in
the film; and
(b) the technique used to embody the sounds and/or visual
images in a form in which they can be accessed on the
internet.
7 Extended meaning of use
Unless the contrary intention appears, a reference in this Schedule
to the use of a thing is a reference to the use of the thing either:
(a) in isolation; or
(b) in conjunction with one or more other things.
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Schedule 5 Online services
Part 2 Internet service providers
Clause 8
134 Broadcasting Services Act 1992
Part 2—Internet service providers
8 Internet service providers
Basic definition
(1) For the purposes of this Schedule, if a person supplies, or proposes
to supply, an internet carriage service to the public, the person is an
internet service provider.
Declared internet service providers
(2) The Minister may, by legislative instrument, declare that a
specified person who supplies, or proposes to supply, a specified
internet carriage service is an internet service provider for the
purposes of this Schedule. A declaration under this subclause has
effect accordingly.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
9 Supply to the public
(1) This clause sets out the circumstances in which an internet carriage
service is taken, for the purposes of subclause 8(1), to be supplied
to the public.
(2) If:
(a) an internet carriage service is used for the carriage of
information between 2 end-users; and
(b) each end-user is outside the immediate circle of the supplier
of the service;
the service is supplied to the public.
Note: If a company makes internet content available for access on the
internet, and an individual obtains access to the content using an
internet carriage service, the company and the individual are end-users
in relation to the carriage of the content by the internet carriage
service.
(3) If:
(a) an internet carriage service is used to supply
point-to-multipoint services to end-users; and
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Online services Schedule 5
Internet service providers Part 2
Clause 9
Broadcasting Services Act 1992 135
(b) at least one end-user is outside the immediate circle of the
supplier of the service;
the service is supplied to the public.
(4) If:
(a) an internet carriage service is used to supply designated
content services (other than point-to-multipoint services) to
end-users; and
(b) at least one end-user is outside the immediate circle of the
supplier of the service;
the service is supplied to the public.
(5) For the purposes of this clause, a designated content service is a
content service of a kind specified in a determination made by the
Minister by legislative instrument.
(7) In this clause:
content service has the same meaning as in the
Telecommunications Act 1997.
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Schedule 5 Online services
Part 4 Complaints to, and investigations by, the ACMA
Division 1 Making of complaints to the ACMA
Clause 23
136 Broadcasting Services Act 1992
Part 4—Complaints to, and investigations by, the
ACMA
Division 1—Making of complaints to the ACMA
23 Complaints about breaches of online provider rules etc.
If a person has reason to believe that an internet service provider:
(a) has contravened a code registered under Part 5 of this
Schedule that is applicable to the provider; or
(b) has contravened an online provider rule that is applicable to
the provider;
the person may make a complaint to the ACMA about the matter.
24 Form of complaint
(1) A complaint under this Division is to be in writing.
(2) However, the ACMA may permit complaints to be given, in
accordance with specified software requirements, by way of a
specified kind of electronic transmission.
25 Residency etc. of complainant
A person is not entitled to make a complaint under this Division
unless the person is:
(a) an individual who resides in Australia; or
(b) a body corporate that carries on activities in Australia; or
(c) the Commonwealth, a State or a Territory.
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Online services Schedule 5
Complaints to, and investigations by, the ACMA Part 4
Investigations by the ACMA Division 2
Clause 26
Broadcasting Services Act 1992 137
Division 2—Investigations by the ACMA
26 Investigation of complaints by the ACMA
(1) The ACMA must investigate a complaint under Division 1.
(2) However, the ACMA need not investigate the complaint if:
(a) the ACMA is satisfied that the complaint is:
(i) frivolous; or
(ii) vexatious; or
(iii) not made in good faith; or
(b) the ACMA has reason to believe that the complaint was
made for the purpose, or for purposes that include the
purpose, of frustrating or undermining the effective
administration of this Schedule.
(3) The ACMA must notify the complainant of the results of such an
investigation.
(4) The ACMA may terminate such an investigation if it is of the
opinion that it does not have sufficient information to conclude the
investigation.
27 ACMA may investigate matters on its own initiative
If the ACMA thinks that it is desirable to do so, the ACMA may
investigate whether an internet service provider:
(a) has contravened a code registered under Part 5 of this
Schedule that is applicable to the provider; or
(b) has contravened an online provider rule that is applicable to
the provider.
28 Conduct of investigations
(1) An investigation under this Division is to be conducted as the
ACMA thinks fit.
(2) The ACMA may, for the purposes of an investigation, obtain
information from such persons, and make such inquiries, as it
thinks fit.
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Schedule 5 Online services
Part 4 Complaints to, and investigations by, the ACMA
Division 2 Investigations by the ACMA
Clause 29
138 Broadcasting Services Act 1992
(3) This clause has effect subject to Part 13 of this Act (which confers
certain investigative powers on the ACMA).
29 Protection from civil proceedings
Civil proceedings do not lie against a person in respect of loss,
damage or injury of any kind suffered by another person because
of any of the following acts done in good faith:
(a) the making of a complaint under Division 1;
(b) the making of a statement to, or the giving of a document or
information to, the ACMA in connection with an
investigation under this Division.
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Online services Schedule 5
Complaints to, and investigations by, the ACMA Part 4
Action to be taken in relation to a complaint about prohibited content hosted outside
Australia Division 4
Clause 40
Broadcasting Services Act 1992 139
Division 4—Action to be taken in relation to a complaint
about prohibited content hosted outside Australia
40 Action to be taken in relation to a complaint about prohibited
content hosted outside Australia
(1) If, in the course of an investigation under Division 2 of Part 3 of
Schedule 7, the ACMA is satisfied that internet content hosted
outside Australia is prohibited content or potential prohibited
content, the ACMA must:
(a) if the ACMA considers the content is of a sufficiently serious
nature to warrant referral to a law enforcement agency
(whether in or outside Australia)—notify the content to:
(i) a member of an Australian police force; or
(ii) if there is an arrangement between the ACMA and the
chief (however described) of an Australian police force
under which the ACMA is authorised to notify the
content to a another person or body (whether in or
outside Australia)—that other person or body; and
(b) if a code registered, or standard determined, under Part 5 of
this Schedule deals with the matters referred to in
subclause 60(2)—notify the content to internet service
providers under the designated notification scheme set out in
the code or standard, as the case may be; and
(c) if paragraph (b) does not apply—give each internet service
provider known to the ACMA a written notice (a standard
access-prevention notice) directing the provider to take all
reasonable steps to prevent end-users from accessing the
content.
Note: The ACMA may be taken to have given a notice under
paragraph (c)—see clause 51.
(2) For the purposes of paragraph (1)(c), in determining whether
particular steps are reasonable, regard must be had to:
(a) the technical and commercial feasibility of taking the steps;
and
(b) the matters set out in subsection 4(3).
(3) Subclause (2) does not, by implication, limit the matters to which
regard must be had.
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Schedule 5 Online services
Part 4 Complaints to, and investigations by, the ACMA
Division 4 Action to be taken in relation to a complaint about prohibited content hosted
outside Australia
Clause 40
140 Broadcasting Services Act 1992
Recognised alternative access-prevention arrangements
(4) An internet service provider is not required to comply with a
standard access-prevention notice in relation to a particular
end-user if access by the end-user is subject to a recognised
alternative access-prevention arrangement (as defined by
subclause (5)) that is applicable to the end-user.
(5) The ACMA may, by legislative instrument, declare that a specified
arrangement is a recognised alternative access-prevention
arrangement for the purposes of the application of this Division to
one or more specified end-users if the ACMA is satisfied that the
arrangement is likely to provide a reasonably effective means of
preventing access by those end-users to prohibited content and
potential prohibited content.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(6) The following are examples of arrangements that could be declared
to be recognised alternative access-prevention arrangements under
subclause (5):
(a) an arrangement that involves the use of regularly updated
internet content filtering software;
(b) an arrangement that involves the use of a ―family-friendly‖
filtered internet carriage service.
Referral to law enforcement agency
(8) The manner in which internet content may be notified under
paragraph (1)(a) to a member of an Australian police force includes
(but is not limited to) a manner ascertained in accordance with an
arrangement between the ACMA and the chief (however
described) of the police force concerned.
(9) If a member of an Australian police force is notified of particular
internet content under this clause, the member may notify the
content to a member of another law enforcement agency (whether
in or outside Australia).
(10) This clause does not, by implication, limit the ACMA’s powers to
refer other matters to a member of an Australian police force.
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Online services Schedule 5
Complaints to, and investigations by, the ACMA Part 4
Action to be taken in relation to a complaint about prohibited content hosted outside
Australia Division 4
Clause 41
Broadcasting Services Act 1992 141
41 Deferral of action in order to avoid prejudicing a criminal
investigation
(1) If:
(a) in the course of an investigation under Division 2 of Part 3 of
Schedule 7, the ACMA is satisfied that internet content
hosted outside Australia is prohibited content or potential
prohibited content; and
(b) apart from this subclause, the ACMA would be required to
take action under subclause 40(1) in relation to the content;
and
(c) a member of an Australian police force satisfies the ACMA
that the taking of that action should be deferred until the end
of a particular period in order to avoid prejudicing a criminal
investigation;
the ACMA may defer taking that action until the end of that
period.
(2) Subclause (1) has effect despite anything in clause 40.
42 Withdrawal of notification of content—reclassification of internet
content
(1) If:
(a) internet content has been classified by the Classification
Board (otherwise than because of subclause 24(1) or (2) of
Schedule 7); and
(b) the internet content has been notified to internet service
providers as mentioned in paragraph 40(1)(b) of this
Schedule; and
(c) the Classification Board reclassifies the internet content; and
(d) as a result of the reclassification, the internet content ceases
to be prohibited content;
the notification of the internet content is taken to have been
withdrawn.
(2) If:
(a) a notification of internet content is withdrawn under
subclause (1); and
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Schedule 5 Online services
Part 4 Complaints to, and investigations by, the ACMA
Division 4 Action to be taken in relation to a complaint about prohibited content hosted
outside Australia
Clause 43
142 Broadcasting Services Act 1992
(b) a code registered, or standard determined, under Part 5 of this
Schedule deals with the matters referred to in
subclause 60(2);
the ACMA must notify the withdrawal to internet service providers
under the designated notification scheme set out in the code or
standard, as the case may be.
43 Withdrawal of notification of content—reclassification of internet
content that consists of a film or a computer game
(1) If:
(a) internet content consists of:
(i) the entire unmodified contents of a film; or
(ii) a computer game; and
(b) the Classification Board reclassifies the film or computer
game under the Classification (Publications, Films and
Computer Games) Act 1995; and
(c) the internet content has been notified to internet service
providers as mentioned in paragraph 40(1)(b) of this
Schedule; and
(d) as a result of the reclassification, the internet content ceases
to be prohibited content;
the notification of the internet content is taken to have been
withdrawn.
(2) If:
(a) a notification of internet content is withdrawn under
subclause (1); and
(b) a code registered, or standard determined, under Part 5 of this
Schedule deals with the matters referred to in
subclause 60(2);
the ACMA must notify the withdrawal to internet service providers
under the designated notification scheme set out in the code or
standard, as the case may be.
44 Revocation of standard access-prevention notice—reclassification
of internet content
(1) If:
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Broadcasting Services Act 1992 143
(a) internet content has been classified by the Classification
Board (otherwise than because of subclause 24(1) or (2) of
Schedule 7); and
(b) a standard access-prevention notice relating to the internet
content is applicable to a particular internet service provider;
and
(c) the Classification Board reclassifies the internet content; and
(d) as a result of the reclassification, the content ceases to be
prohibited content;
the ACMA is taken to have revoked the standard access-prevention
notice.
(2) If a standard access-prevention notice is revoked under this clause,
the ACMA must give the internet service provider concerned a
written notice stating that the standard access-prevention notice has
been revoked.
Note: The ACMA may be taken to have given a notice under
subclause (2)—see clause 51.
45 Revocation of standard access-prevention notice—reclassification
of internet content that consists of a film or a computer
game
(1) If:
(a) internet content consists of:
(i) the entire unmodified contents of a film; or
(ii) a computer game; and
(b) the Classification Board reclassifies the film or computer
game under the Classification (Publications, Films and
Computer Games) Act 1995; and
(c) a standard access-prevention notice relating to the internet
content is applicable to a particular internet service provider;
and
(d) as a result of the reclassification, the internet content ceases
to be prohibited content;
the ACMA is taken to have revoked the standard access-prevention
notice.
(2) If a standard access-prevention notice is revoked under this clause,
the ACMA must give the internet service provider concerned a
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Part 4 Complaints to, and investigations by, the ACMA
Division 4 Action to be taken in relation to a complaint about prohibited content hosted
outside Australia
Clause 46
144 Broadcasting Services Act 1992
written notice stating that the standard access-prevention notice has
been revoked.
Note: The ACMA may be taken to have given a notice under
subclause (2)—see clause 51.
46 Anti-avoidance—notified internet content
(1) If:
(a) particular internet content has been notified to internet
service providers as mentioned in paragraph 40(1)(b) of this
Schedule; and
(b) the notification has not been withdrawn; and
(c) the ACMA is satisfied that internet content (the similar
internet content) that is the same as, or substantially similar
to, the first-mentioned internet content is being hosted
outside Australia; and
(d) the ACMA is satisfied that the similar internet content is
prohibited content or potential prohibited content; and
(e) a code registered, or standard determined, under Part 5 of this
Schedule deals with the matters referred to in
subclause 60(2);
the ACMA must notify the similar internet content to internet
service providers under the designated notification scheme set out
in the code or standard, as the case may be.
(2) If:
(a) particular internet content is notified to internet service
providers as mentioned in paragraph 40(1)(b) of this
Schedule; and
(b) as a result of the application of subclause (1) to that content,
the ACMA notifies similar internet content to internet service
providers in accordance with subclause (1); and
(c) the notification of the first-mentioned content is withdrawn;
the notification of the similar internet content is taken to have been
withdrawn.
(3) If:
(a) a notification of internet content is withdrawn under
subclause (2); and
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Australia Division 4
Clause 47
Broadcasting Services Act 1992 145
(b) a code registered, or standard determined, under Part 5 of this
Schedule deals with the matters referred to in
subclause 60(2);
the ACMA must notify the withdrawal to internet service providers
under the designated notification scheme set out in the code or
standard, as the case may be.
47 Anti-avoidance—special access-prevention notice
(1) If:
(a) a standard access-prevention notice relating to particular
internet content is applicable to a particular internet service
provider; and
(b) the ACMA is satisfied that the internet service provider is
supplying an internet carriage service that enables end-users
to access internet content (the similar internet content) that
is the same as, or substantially similar to, the internet content
identified in the standard access-prevention notice; and
(c) the ACMA is satisfied that the similar internet content is
prohibited content or potential prohibited content;
the ACMA may give the provider a written notice (special
access-prevention notice) directing the provider to take all
reasonable steps to prevent end-users from accessing the similar
internet content at any time when the standard access-prevention
notice is in force.
Note: The ACMA may be taken to have given a notice under this clause—
see clause 51.
(2) For the purposes of subclause (1), in determining whether
particular steps are reasonable, regard must be had to:
(a) the technical and commercial feasibility of taking the steps;
and
(b) the matters set out in subsection 4(3).
(3) Subclause (2) does not, by implication, limit the matters to which
regard must be had.
Recognised alternative access-prevention arrangements
(4) An internet service provider is not required to comply with a
special access-prevention notice in relation to a particular end-user
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Division 4 Action to be taken in relation to a complaint about prohibited content hosted
outside Australia
Clause 48
146 Broadcasting Services Act 1992
if access by the end-user is subject to a recognised alternative
access-prevention arrangement (as defined by subclause 40(5)) that
is applicable to the end-user.
48 Compliance with access-prevention notices
Standard access-prevention notice
(1) An internet service provider must comply with a standard
access-prevention notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day,
after the notice was given to the provider.
Special access-prevention notice
(2) An internet service provider must comply with a special
access-prevention notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day,
after the notice was given to the provider.
Note: For enforcement, see Part 6 of this Schedule.
49 Notification of internet content
Internet content may be notified in accordance with this Division
by:
(a) setting out the content; or
(b) describing the content; or
(c) in any other way.
50 Application of notifications under this Division
A notification under this Division applies to particular internet
content only to the extent to which the content is accessed, or
available for access, from a website, or a distinct part of a website,
specified in the notification.
Note: For specification by class, see subsection 33(3AB) of the Acts
Interpretation Act 1901.
51 ACMA may be taken to have issued access-prevention notices
(1) Subject to subclause (2), the ACMA may, by legislative
instrument, formulate a scheme:
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Broadcasting Services Act 1992 147
(a) in the nature of a scheme for substituted service; and
(b) under which the ACMA is taken, for the purposes of this
Schedule, to have done any or all of the following:
(i) given each internet service provider a standard
access-prevention notice under paragraph 40(1)(c) of
this Schedule;
(ii) in a case where a standard access-prevention notice is
revoked under clause 44 or 45—given each internet
service provider a notice of the revocation under
whichever of subclause 44(2) or 45(2) is applicable;
(iii) given each internet service provider a special
access-prevention notice under clause 47.
(2) It is a minimum requirement for a scheme formulated under
subclause (1) that each internet service provider be alerted by
electronic means to the existence of a notice.
Note: For example, it is not sufficient for the ACMA to make notices
available on the internet (with or without security measures) without
notifying internet service providers that a notice has been issued.
(3) Paragraph 40(1)(c) of this Schedule has effect, in relation to a
scheme under subclause (1), as if the reference in that paragraph to
each internet service provider known to the ACMA were a
reference to each internet service provider.
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Schedule 5 Online services
Part 5 Industry codes and industry standards
Division 1 Simplified outline
Clause 52
148 Broadcasting Services Act 1992
Part 5—Industry codes and industry standards
Division 1—Simplified outline
52 Simplified outline
The following is a simplified outline of this Part.
• Bodies and associations that represent the internet service
provider section of the internet industry may develop industry
codes.
• Industry codes may be registered by the ACMA.
• Compliance with an industry code is voluntary unless the
ACMA directs a particular participant in the internet industry
to comply with the code.
• The ACMA has a reserve power to make an industry standard
if there are no industry codes or if an industry code is
deficient.
• Compliance with industry standards is mandatory.
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Industry codes and industry standards Part 5
Interpretation Division 2
Clause 53
Broadcasting Services Act 1992 149
Division 2—Interpretation
53 Industry codes
For the purposes of this Part, an industry code is a code developed
under this Part (whether or not in response to a request under this
Part).
54 Industry standards
For the purposes of this Part, an industry standard is a standard
determined under this Part.
55 Internet activity
For the purposes of this Part, an internet activity is an activity that
consists of supplying an internet carriage service.
56 Section of the internet industry
(1) For the purposes of this Part, a section of the internet industry is
to be ascertained in accordance with this clause.
(2) For the purposes of this Part, the group consisting of internet
service providers constitutes a section of the internet industry.
57 Participants in a section of the internet industry
For the purposes of this Part, if a person is a member of a group
that constitutes a section of the internet industry, the person is a
participant in that section of the internet industry.
58 Designated body
The Minister may, by legislative instrument, declare that a
specified body or association is the designated body for the
purposes of this Part. The declaration has effect accordingly.
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Division 3 General principles relating to industry codes and industry standards
Clause 59
150 Broadcasting Services Act 1992
Division 3—General principles relating to industry codes
and industry standards
59 Statement of regulatory policy
(2) The Parliament intends that bodies or associations that the ACMA
is satisfied represent the internet service provider section of the
internet industry should develop no more than 2 codes (industry
codes) that are to apply to participants in that section of the
industry in relation to the internet activities of the participants.
(3) The Parliament intends that, for the internet service provider
section of the internet industry, one of those industry codes should
deal exclusively with the matters set out in subclause 60(2).
60 Matters that must be dealt with by industry codes and industry
standards
General matters
(1) The Parliament intends that, for the internet service provider
section of the internet industry, there should be:
(a) an industry code or an industry standard that deals with; or
(b) an industry code and an industry standard that together deal
with;
each of the following matters:
(c) procedures directed towards the achievement of the objective
of ensuring that online accounts are not provided to children
without the consent of a parent or responsible adult;
(d) giving parents and responsible adults information about how
to supervise and control children’s access to internet content;
(e) procedures to be followed in order to assist parents and
responsible adults to supervise and control children’s access
to internet content;
(f) procedures to be followed in order to inform producers of
internet content about their legal responsibilities in relation to
that content;
(g) telling customers about their rights to make complaints under
clause 23;
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Clause 60
Broadcasting Services Act 1992 151
(h) procedures to be followed in order to assist customers to
make complaints under clause 23;
(i) procedures to be followed in order to deal with complaints
about unsolicited electronic mail that promotes or advertises
one or more:
(i) websites; or
(ii) distinct parts of websites;
that enable, or purport to enable, end-users to access
information that is likely to cause offence to a reasonable
adult;
(j) subject to subclause (8A), action to be taken to assist in the
development and implementation of internet content filtering
technologies (including labelling technologies);
(k) subject to subclause (8A), giving customers information
about the availability, use and appropriate application of
internet content filtering software;
(l) subject to subclause (8A), procedures directed towards the
achievement of the objective of ensuring that customers have
the option of subscribing to a filtered internet carriage
service;
(la) if a determination is in force under subclause (8A) in relation
to a device:
(i) procedures to be followed in order to inform the users of
such a device of the unavailability of internet content
filtering; and
(ii) procedures directed towards the achievement of the
objective of ensuring that customers have the option of
blocking access to the internet using such a device;
(m) procedures directed towards the achievement of the objective
of ensuring that, in the event that a participant in the internet
service provider section of the internet industry becomes
aware that an internet content host is hosting prohibited
content in Australia, the host is told about the prohibited
content.
Other matters
(2) The Parliament intends that, for the internet service provider
section of the internet industry, there should be:
(a) an industry code or an industry standard that deals with; or
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Clause 60
152 Broadcasting Services Act 1992
(b) an industry code and an industry standard that together deal
with;
each of the following matters:
(c) the formulation of a designated notification scheme;
(d) subject to subclause (8A), procedures to be followed by
internet service providers in dealing with internet content
notified under paragraph 40(1)(b) of this Schedule or
clause 46 (for example, procedures to be followed by a
particular class of internet service providers for the filtering,
by technical means, of such content).
Designated alternative access-prevention arrangements
(3) An industry code or an industry standard may provide that an
internet service provider is not required to deal with internet
content notified under paragraph 40(1)(b) of this Schedule or
clause 46 by taking steps to prevent particular end-users from
accessing the content if access by the end-users is subject to an
arrangement that is declared by the code or standard to be a
designated alternative access-prevention arrangement for the
purposes of the application of this clause to those end-users.
(4) An industry code developed by a body or association must not
declare that a specified arrangement is a designated alternative
access-prevention arrangement for the purposes of the application
of this clause to one or more specified end-users unless the body or
association is satisfied that the arrangement is likely to provide a
reasonably effective means of preventing access by those end-users
to prohibited content and potential prohibited content.
Note: For specification by class, see subsection 33(3AB) of the Acts
Interpretation Act 1901.
(5) An industry standard made by the ACMA must not declare that a
specified arrangement is a designated alternative access-prevention
arrangement for the purposes of the application of this clause to
one or more specified end-users unless the ACMA is satisfied that
the arrangement is likely to provide a reasonably effective means
of preventing access by those end-users to prohibited content and
potential prohibited content.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
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Clause 60
Broadcasting Services Act 1992 153
(6) The following are examples of arrangements that could be declared
to be designated alternative access-prevention arrangements:
(a) an arrangement that involves the use of regularly updated
internet content filtering software;
(b) an arrangement that involves the use of a ―family-friendly‖
filtered internet carriage service.
(7) For the purposes of this Schedule, if an industry code:
(a) deals to any extent with procedures to be followed by internet
service providers in dealing with internet content notified
under paragraph 40(1)(b) of this Schedule or clause 46; and
(b) makes provision as mentioned in subclause (3);
then:
(c) the code is taken to deal with the matter set out in
paragraph (2)(d); and
(d) the code is taken to be consistent with subclause (2).
(8) For the purposes of this Schedule, if an industry standard:
(a) deals to any extent with procedures to be followed by internet
service providers in dealing with internet content notified
under paragraph 40(1)(b) of this Schedule or clause 46; and
(b) makes provision as mentioned in subclause (3);
then:
(c) the standard is taken to deal with the matter set out in
paragraph (2)(d); and
(d) the standard is taken to be consistent with subclause (2).
Internet content filtering—devices
(8A) If the Minister is satisfied that internet content filtering is not
viable in relation to access to internet content using a particular
device (for example, a mobile telephone handset), the Minister
may, by legislative instrument, determine that paragraphs (1)(j), (k)
and (l) and (2)(d) do not apply in relation to access to internet
content using that device.
Clause does not limit matters
(9) This clause does not, by implication, limit the matters that may be
dealt with by industry codes and industry standards.
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Division 3 General principles relating to industry codes and industry standards
Clause 61
154 Broadcasting Services Act 1992
61 Industry codes and industry standards not to deal with certain
matters
For the purposes of this Part, an industry code or an industry
standard that deals with a particular matter has no effect to the
extent (if any) to which the matter is dealt with by:
(a) a code registered, or a standard determined, under Part 6 of
the Telecommunications Act 1997; or
(b) the Telecommunications Industry Ombudsman scheme
(within the meaning of that Act).
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Industry codes Division 4
Clause 62
Broadcasting Services Act 1992 155
Division 4—Industry codes
62 Registration of industry codes
(1) This clause applies if:
(a) the ACMA is satisfied that a body or association represents a
particular section of the internet industry; and
(b) that body or association develops an industry code that
applies to participants in that section of the industry and deals
with one or more matters relating to the internet activities of
those participants; and
(c) the body or association gives a copy of the code to the
ACMA; and
(d) the ACMA is satisfied that:
(i) to the extent to which the code deals with one or more
matters of substantial relevance to the community—the
code provides appropriate community safeguards for
that matter or those matters; and
(ii) to the extent to which the code deals with one or more
matters that are not of substantial relevance to the
community—the code deals with that matter or those
matters in an appropriate manner; and
(e) the ACMA is satisfied that, before giving the copy of the
code to the ACMA:
(i) the body or association published a draft of the code and
invited members of the public to make submissions to
the body or association about the draft within a
specified period; and
(ii) the body or association gave consideration to any
submissions that were received from members of the
public within that period; and
(f) the ACMA is satisfied that, before giving the copy of the
code to the ACMA:
(i) the body or association published a draft of the code and
invited participants in that section of the industry to
make submissions to the body or association about the
draft within a specified period; and
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Clause 63
156 Broadcasting Services Act 1992
(ii) the body or association gave consideration to any
submissions that were received from participants in that
section of the industry within that period; and
(g) the ACMA is satisfied that the designated body has been
consulted about the development of the code; and
(i) in a case where the code:
(i) relates to the internet service provider section of the
internet industry; and
(ii) does not deal with a matter set out in subclause 60(2);
the code is consistent with subclauses 59(2) and 60(1); and
(j) in a case where the code:
(i) relates to the internet service provider section of the
internet industry; and
(ii) deals with a matter set out in subclause 60(2);
the code is consistent with subclauses 59(2) and (3) and
60(2).
Note: Designated body is defined by clause 58.
(2) The ACMA must register the code by including it in the Register
of industry codes kept under clause 78.
(3) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must
run for at least 30 days.
(4) If:
(a) an industry code (the new code) is registered under this Part;
and
(b) the new code is expressed to replace another industry code;
the other code ceases to be registered under this Part when the new
code is registered.
63 ACMA may request codes
(1) If the ACMA is satisfied that a body or association represents a
particular section of the internet industry, the ACMA may, by
written notice given to the body or association, request the body or
association to:
(a) develop an industry code that applies to participants in that
section of the industry and deals with one or more specified
matters relating to the internet activities of those participants;
and
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Clause 64
Broadcasting Services Act 1992 157
(b) give the ACMA a copy of the code within the period
specified in the notice.
(2) The period specified in a notice under subclause (1) must run for at
least 120 days.
(3) The ACMA must not make a request under subclause (1) in
relation to a particular section of the internet industry unless the
ACMA is satisfied that:
(a) the development of the code is necessary or convenient in
order to:
(i) provide appropriate community safeguards; or
(ii) otherwise deal with the performance or conduct of
participants in that section of the industry; and
(b) in the absence of the request, it is unlikely that an industry
code would be developed within a reasonable period.
(4) The ACMA may vary a notice under subclause (1) by extending
the period specified in the notice.
(5) Subclause (4) does not, by implication, limit the application of
subsection 33(3) of the Acts Interpretation Act 1901.
(6) A notice under subclause (1) may specify indicative targets for
achieving progress in the development of the code (for example, a
target of 60 days to develop a preliminary draft of the code).
64 Publication of notice where no body or association represents a
section of the internet industry
(1) If the ACMA is satisfied that a particular section of the internet
industry is not represented by a body or association, the ACMA
may publish a notice in the Gazette:
(a) stating that, if such a body or association were to come into
existence within a specified period, the ACMA would be
likely to give a notice to that body or association under
subclause 63(1); and
(b) setting out the matter or matters relating to internet activities
that would be likely to be specified in the subclause 63(1)
notice.
(2) The period specified in a notice under subclause (1) must run for at
least 60 days.
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Division 4 Industry codes
Clause 65
158 Broadcasting Services Act 1992
65 Replacement of industry codes
(1) Changes to an industry code are to be achieved by replacing the
code instead of varying the code.
(2) If the replacement code differs only in minor respects from the
original code, clause 62 has effect, in relation to the registration of
the code, as if paragraphs 62(1)(e) and (f) of this Schedule had not
been enacted.
Note: Paragraphs 62(1)(e) and (f) deal with submissions about draft codes.
66 Compliance with industry codes
(1) If:
(a) a person is a participant in a particular section of the internet
industry; and
(b) the ACMA is satisfied that the person has contravened, or is
contravening, an industry code that:
(i) is registered under this Part; and
(ii) applies to participants in that section of the industry;
the ACMA may, by written notice given to the person, direct the
person to comply with the industry code.
(2) A person must comply with a direction under subclause (1).
Note: For enforcement, see Part 6 of this Schedule.
67 Formal warnings—breach of industry codes
(1) This clause applies to a person who is a participant in a particular
section of the internet industry.
(2) The ACMA may issue a formal warning if the person contravenes
an industry code registered under this Part.
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Industry standards Division 5
Clause 68
Broadcasting Services Act 1992 159
Division 5—Industry standards
68 ACMA may determine an industry standard if a request for an
industry code is not complied with
(1) This clause applies if:
(a) the ACMA has made a request under subclause 63(1) in
relation to the development of a code that is to:
(i) apply to participants in a particular section of the
internet industry; and
(ii) deal with one or more matters relating to the internet
activities of those participants; and
(b) any of the following conditions is satisfied:
(i) the request is not complied with;
(ii) if indicative targets for achieving progress in the
development of the code were specified in the notice of
request—any of those indicative targets were not met;
(iii) the request is complied with, but the ACMA
subsequently refuses to register the code; and
(c) the ACMA is satisfied that it is necessary or convenient for
the ACMA to determine a standard in order to:
(i) provide appropriate community safeguards in relation to
that matter or those matters; or
(ii) otherwise regulate adequately participants in that
section of the industry in relation to that matter or those
matters.
(2) The ACMA may, by legislative instrument, determine a standard
that applies to participants in that section of the industry and deals
with that matter or those matters. A standard under this subclause
is to be known as an industry standard.
(3) Before determining an industry standard under this clause, the
ACMA must consult the body or association to whom the request
mentioned in paragraph (1)(a) was made.
(5) The Minister may give the ACMA a written direction as to the
exercise of its powers under this clause.
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Division 5 Industry standards
Clause 69
160 Broadcasting Services Act 1992
69 ACMA may determine industry standard where no industry
body or association formed
(1) This clause applies if:
(a) the ACMA is satisfied that a particular section of the internet
industry is not represented by a body or association; and
(b) the ACMA has published a notice under subclause 64(1)
relating to that section of the industry; and
(c) that notice:
(i) states that, if such a body or association were to come
into existence within a particular period, the ACMA
would be likely to give a notice to that body or
association under subclause 63(1); and
(ii) sets out one or more matters relating to the internet
activities of the participants in that section of the
industry; and
(d) no such body or association comes into existence within that
period; and
(e) the ACMA is satisfied that it is necessary or convenient for
the ACMA to determine a standard in order to:
(i) provide appropriate community safeguards in relation to
that matter or those matters; or
(ii) otherwise regulate adequately participants in that
section of the industry in relation to that matter or those
matters.
(2) The ACMA may, by legislative instrument, determine a standard
that applies to participants in that section of the industry and deals
with that matter or those matters. A standard under this subclause
is to be known as an industry standard.
(4) The Minister may give the ACMA a written direction as to the
exercise of its powers under this clause.
70 ACMA may determine industry standards—total failure of
industry codes
(1) This clause applies if:
(a) an industry code that:
(i) applies to participants in a particular section of the
internet industry; and
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Industry codes and industry standards Part 5
Industry standards Division 5
Clause 70
Broadcasting Services Act 1992 161
(ii) deals with one or more matters relating to the internet
activities of those participants;
has been registered under this Part for at least 180 days; and
(b) the ACMA is satisfied that the code is totally deficient (as
defined by subclause (7)); and
(c) the ACMA has given the body or association that developed
the code a written notice requesting that deficiencies in the
code be addressed within a specified period; and
(d) that period ends and the ACMA is satisfied that it is
necessary or convenient for the ACMA to determine a
standard that applies to participants in that section of the
industry and deals with that matter or those matters.
(2) The period specified in a notice under paragraph (1)(c) must run
for at least 30 days.
(3) The ACMA may, by legislative instrument, determine a standard
that applies to participants in that section of the industry and deals
with that matter or those matters. A standard under this subclause
is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or association represents that
section of the industry, the ACMA must consult the body or
association before determining an industry standard under
subclause (3).
(6) The industry code ceases to be registered under this Part on the day
on which the industry standard comes into force.
(7) For the purposes of this clause, an industry code that applies to
participants in a particular section of the internet industry and deals
with one or more matters relating to the internet activities of those
participants is totally deficient if, and only if:
(a) the code is not operating to provide appropriate community
safeguards in relation to that matter or those matters; or
(b) the code is not otherwise operating to regulate adequately
participants in that section of the industry in relation to that
matter or those matters.
(8) The Minister may give the ACMA a written direction as to the
exercise of its powers under this clause.
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Schedule 5 Online services
Part 5 Industry codes and industry standards
Division 5 Industry standards
Clause 71
162 Broadcasting Services Act 1992
71 ACMA may determine industry standards—partial failure of
industry codes
(1) This clause applies if:
(a) an industry code that:
(i) applies to participants in a particular section of the
internet industry; and
(ii) deals with 2 or more matters relating to the internet
activities of those participants;
has been registered under this Part for at least 180 days; and
(b) clause 70 does not apply to the code; and
(c) the ACMA is satisfied that the code is deficient (as defined
by subclause (7)) to the extent to which the code deals with
one or more of those matters (the deficient matter or
deficient matters); and
(d) the ACMA has given the body or association that developed
the code a written notice requesting that deficiencies in the
code be addressed within a specified period; and
(e) that period ends and the ACMA is satisfied that it is
necessary or convenient for the ACMA to determine a
standard that applies to participants in that section of the
industry and deals with the deficient matter or deficient
matters.
(2) The period specified in a notice under paragraph (1)(c) must run
for at least 30 days.
(3) The ACMA may, by legislative instrument, determine a standard
that applies to participants in that section of the industry and deals
with the deficient matter or deficient matters. A standard under this
subclause is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or association represents that
section of the industry, the ACMA must consult the body or
association before determining an industry standard under
subclause (3).
(6) On and after the day on which the industry standard comes into
force, the industry code has no effect to the extent to which it deals
with the deficient matter or deficient matters. However, this
subclause does not affect:
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Industry codes and industry standards Part 5
Industry standards Division 5
Clause 72
Broadcasting Services Act 1992 163
(a) the continuing registration of the remainder of the industry
code; or
(b) any investigation, proceeding or remedy in respect of a
contravention of the industry code or clause 66 that occurred
before that day.
(7) For the purposes of this clause, an industry code that applies to
participants in a particular section of the internet industry and deals
with 2 or more matters relating to the internet activities of those
participants is deficient to the extent to which it deals with a
particular one of those matters if, and only if:
(a) the code is not operating to provide appropriate community
safeguards in relation to that matter; or
(b) the code is not otherwise operating to regulate adequately
participants in that section of the industry in relation to that
matter.
(8) The Minister may give the ACMA a written direction as to the
exercise of its powers under this clause.
72 Compliance with industry standards
If:
(a) an industry standard that applies to participants in a particular
section of the internet industry is registered under this Part;
and
(b) a person is a participant in that section of the internet
industry;
the person must comply with the industry standard.
Note: For enforcement, see Part 6 of this Schedule.
73 Formal warnings—breach of industry standards
(1) This clause applies to a person who is a participant in a particular
section of the internet industry.
(2) The ACMA may issue a formal warning if the person contravenes
an industry standard registered under this Part.
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Schedule 5 Online services
Part 5 Industry codes and industry standards
Division 5 Industry standards
Clause 74
164 Broadcasting Services Act 1992
74 Variation of industry standards
The ACMA may, by legislative instrument, vary an industry
standard that applies to participants in a particular section of the
internet industry if it is satisfied that it is necessary or convenient
to do so to:
(a) provide appropriate community safeguards in relation to one
or more matters relating to the internet activities of those
participants; and
(b) otherwise regulate adequately those participants in relation to
one or more matters relating to the internet activities of those
participants.
75 Revocation of industry standards
(1) The ACMA may, by legislative instrument, revoke an industry
standard.
(2) If:
(a) an industry code is registered under this Part; and
(b) the code is expressed to replace an industry standard;
the industry standard is revoked when the code is registered.
76 Public consultation on industry standards
(1) Before determining or varying an industry standard, the ACMA
must:
(a) cause to be published in a newspaper circulating in each State
a notice:
(i) stating that the ACMA has prepared a draft of the
industry standard or variation; and
(ii) stating that free copies of the draft will be made
available to members of the public during normal office
hours throughout the period specified in the notice; and
(iii) specifying the place or places where the copies will be
available; and
(iv) inviting interested persons to give written comments
about the draft to the ACMA within the period specified
under subparagraph (ii); and
(b) make copies of the draft available in accordance with the
notice.
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Industry codes and industry standards Part 5
Industry standards Division 5
Clause 77
Broadcasting Services Act 1992 165
(2) The period specified under subparagraph (1)(a)(ii) must run for at
least 30 days after the publication of the notice.
(3) Subclause (1) does not apply to a variation if the variation is of a
minor nature.
(4) If interested persons have given comments in accordance with a
notice under subclause (1), the ACMA must have due regard to
those comments in determining or varying the industry standard, as
the case may be.
(5) In this clause:
State includes the Northern Territory and the Australian Capital
Territory.
77 Consultation with designated body
(1) Before determining or varying an industry standard, the ACMA
must consult the designated body.
(2) Before revoking an industry standard under subclause 75(1), the
ACMA must consult the designated body.
Note: Designated body is defined by clause 58.
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Schedule 5 Online services
Part 5 Industry codes and industry standards
Division 6 Register of industry codes and industry standards
Clause 78
166 Broadcasting Services Act 1992
Division 6—Register of industry codes and industry
standards
78 ACMA to maintain Register of industry codes and industry
standards
(1) The ACMA is to maintain a Register in which the ACMA
includes:
(a) all industry codes required to be registered under this Part;
and
(b) all industry standards; and
(c) all requests made under clause 63; and
(d) all notices under clause 64; and
(e) all directions under clause 66.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
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Online services Schedule 5
Online provider rules Part 6
Clause 79
Broadcasting Services Act 1992 167
Part 6—Online provider rules
79 Online provider rules
For the purposes of this Schedule, each of the following is an
online provider rule:
(e) the rule set out in subclause 48(1);
(f) the rule set out in subclause 48(2);
(g) the rule set out in subclause 66(2);
(h) the rule set out in clause 72;
(i) each of the rules (if any) set out in an online provider
determination in force under clause 80.
80 Online provider determinations
(1) The ACMA may, by legislative instrument, make a determination
setting out rules that apply to internet service providers in relation
to the supply of internet carriage services.
(3) A determination under subclause (1) is called an online provider
determination.
(4) An online provider determination has effect only to the extent that:
(a) it is authorised by paragraph 51(v) of the Constitution (either
alone or when read together with paragraph 51(xxxix) of the
Constitution); or
(b) both:
(i) it is authorised by section 122 of the Constitution; and
(ii) it would have been authorised by paragraph 51(v) of the
Constitution (either alone or when read together with
paragraph 51(xxxix) of the Constitution) if section 51 of
the Constitution extended to the Territories.
(5) The ACMA must not make an online provider determination
unless the determination relates to a matter specified in the
regulations.
(6) The ACMA must not make an online provider determination if the
determination relates to a matter specified in regulations in force
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Schedule 5 Online services
Part 6 Online provider rules
Clause 81
168 Broadcasting Services Act 1992
for the purposes of subsection 99(3) of the Telecommunications
Act 1997.
(7) An online provider determination may make provision for or in
relation to a particular matter by empowering the ACMA to make
decisions of an administrative character.
81 Exemptions from online provider determinations
(1) The Minister may, by legislative instrument, determine that a
specified internet service provider is exempt from online provider
determinations.
(2) The Minister may, by legislative instrument, determine that a
specified internet service provider is exempt from a specified
online provider determination.
(3) A determination under this clause may be unconditional or subject
to such conditions (if any) as are specified in the determination.
(4) A determination under this clause has effect accordingly.
82 Compliance with online provider rules
(1) A person is guilty of an offence if:
(a) an online provider rule is applicable to the person; and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the rule.
Penalty: 50 penalty units.
Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body
corporate up to 5 times the maximum amount the court could fine a
person under this clause.
(2) In this clause:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
83 Remedial directions—breach of online provider rules
(1) This clause applies if an internet service provider has contravened,
or is contravening, an online provider rule.
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Online provider rules Part 6
Clause 84
Broadcasting Services Act 1992 169
(2) The ACMA may give the provider a written direction requiring the
provider to take specified action directed towards ensuring that the
provider does not contravene the rule, or is unlikely to contravene
the rule, in the future.
(3) The following are examples of the kinds of direction that may be
given to an internet service provider under subclause (2):
(a) a direction that the provider implement effective
administrative systems for monitoring compliance with an
online provider rule;
(b) a direction that the provider implement a system designed to
give the provider’s employees, agents and contractors a
reasonable knowledge and understanding of the requirements
of an online provider rule, in so far as those requirements
affect the employees, agents or contractors concerned.
(4) A person is guilty of an offence if:
(a) the person is subject to a direction under subclause (2); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the direction.
Penalty: 50 penalty units.
Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body
corporate up to 5 times the maximum amount the court could fine a
person under this subclause.
(5) In this clause:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
84 Formal warnings—breach of online provider rules
The ACMA may issue a formal warning if a person contravenes an
online provider rule.
85 Federal Court may order a person to cease supplying internet
carriage services
(1) If the ACMA is satisfied that a person who is an internet service
provider is supplying an internet carriage service otherwise than in
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Part 6 Online provider rules
Clause 85
170 Broadcasting Services Act 1992
accordance with an online provider rule, the ACMA may apply to
the Federal Court for an order that the person cease supplying that
internet carriage service.
(2) If the Federal Court is satisfied, on such an application, that the
person is supplying an internet carriage service otherwise than in
accordance with the online provider rule, the Federal Court may
order the person to cease supplying that internet carriage service.
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Online services Schedule 5
Offences Part 7
Clause 86
Broadcasting Services Act 1992 171
Part 7—Offences
86 Continuing offences
A person who contravenes clause 82 or subclause 83(4) is guilty of
a separate offence in respect of each day (including the day of a
conviction for the offence or any later day) during which the
contravention continues.
87 Conduct by directors, employees and agents
Body corporate
(1) If, in proceedings for an ancillary offence relating to this Schedule,
it is necessary to establish the state of mind of a body corporate in
relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, employee or
agent of the body corporate within the scope of his or her
actual or apparent authority; and
(b) that the director, employee or agent had the state of mind.
(2) Any conduct engaged in on behalf of a body corporate by a
director, employee or agent of the body corporate within the scope
of his or her actual or apparent authority is taken, for the purposes
of a prosecution for:
(a) an offence against this Schedule; or
(b) an ancillary offence relating this Schedule;
to have been engaged in also by the body corporate unless the body
corporate establishes that the body corporate took reasonable
precautions and exercised due diligence to avoid the conduct.
Person other than a body corporate
(3) If, in proceedings for an ancillary offence relating to this Schedule,
it is necessary to establish the state of mind of a person other than a
body corporate in relation to particular conduct, it is sufficient to
show:
(a) that the conduct was engaged in by an employee or agent of
the person within the scope of his or her actual or apparent
authority; and
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Part 7 Offences
Clause 87
172 Broadcasting Services Act 1992
(b) that the employee or agent had the state of mind.
(4) Any conduct engaged in on behalf of a person other than a body
corporate by an employee or agent of the person within the scope
of his or her actual or apparent authority is taken, for the purposes
of a prosecution for:
(a) an offence against this Schedule; or
(b) an ancillary offence relating this Schedule;
to have been engaged in also by the first-mentioned person unless
the first-mentioned person establishes that the first-mentioned
person took reasonable precautions and exercised due diligence to
avoid the conduct.
(5) If:
(a) a person other than a body corporate is convicted of an
offence; and
(b) the person would not have been convicted of the offence if
subclauses (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that
offence.
State of mind
(6) A reference in subclause (1) or (3) to the state of mind of a person
includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the
person; and
(b) the person’s reasons for the intention, opinion, belief or
purpose.
Director
(7) A reference in this clause to a director of a body corporate includes
a reference to a constituent member of a body corporate
incorporated for a public purpose by a law of the Commonwealth,
a State or a Territory.
Engaging in conduct
(8) A reference in this clause to engaging in conduct includes a
reference to failing or refusing to engage in conduct.
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Offences Part 7
Clause 87
Broadcasting Services Act 1992 173
Ancillary offence relating to this Schedule
(9) A reference in this clause to an ancillary offence relating to this
Schedule is a reference to an offence created by section 6 of the
Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to
this Schedule.
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Schedule 5 Online services
Part 8 Protection from civil and criminal proceedings
Clause 88
174 Broadcasting Services Act 1992
Part 8—Protection from civil and criminal
proceedings
88 Protection from civil proceedings—internet service providers
(1) Civil proceedings do not lie against an internet service provider in
respect of anything done by the provider in compliance with:
(a) a code registered under Part 5 of this Schedule; or
(b) a standard determined under Part 5 of this Schedule;
in so far as the code or standard deals with procedures referred to
in paragraph 60(2)(d) of this Schedule.
(2) Civil proceedings do not lie against an internet service provider in
respect of anything done by the provider in compliance with
clause 48.
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Operation of State and Territory laws etc. Part 9
Clause 90
Broadcasting Services Act 1992 175
Part 9—Operation of State and Territory laws etc.
90 Concurrent operation of State and Territory laws
It is the intention of the Parliament that this Schedule is not to
apply to the exclusion of a law of a State or Territory to the extent
to which that law is capable of operating concurrently with this
Schedule.
91 Liability of internet content hosts and internet service providers
under State and Territory laws etc.
(1) A law of a State or Territory, or a rule of common law or equity,
has no effect to the extent to which it:
(a) subjects, or would have the effect (whether direct or indirect)
of subjecting, an internet content host to liability (whether
criminal or civil) in respect of hosting particular internet
content in a case where the host was not aware of the nature
of the internet content; or
(b) requires, or would have the effect (whether direct or indirect)
of requiring, an internet content host to monitor, make
inquiries about, or keep records of, internet content hosted by
the host; or
(c) subjects, or would have the effect (whether direct or indirect)
of subjecting, an internet service provider to liability
(whether criminal or civil) in respect of carrying particular
internet content in a case where the service provider was not
aware of the nature of the internet content; or
(d) requires, or would have the effect (whether direct or indirect)
of requiring, an internet service provider to monitor, make
inquiries about, or keep records of, internet content carried
by the provider.
(2) The Minister may, by legislative instrument, exempt a specified
law of a State or Territory, or a specified rule of common law or
equity, from the operation of subclause (1).
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
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Part 9 Operation of State and Territory laws etc.
Clause 91
176 Broadcasting Services Act 1992
(3) An exemption under subclause (2) may be unconditional or subject
to such conditions (if any) as are specified in the exemption.
Declaration by Minister
(4) The Minister may, by legislative instrument, declare that a
specified law of a State or Territory, or a specified rule of common
law or equity, has no effect to the extent to which the law or rule
has a specified effect in relation to an internet content host.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(5) The Minister may, by legislative instrument, declare that a
specified law of a State or Territory, or a specified rule of common
law or equity, has no effect to the extent to which the law or rule
has a specified effect in relation to an internet service provider.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(6) A declaration under subclause (4) or (5) has effect only to the
extent that:
(a) it is authorised by paragraph 51(v) of the Constitution (either
alone or when read together with paragraph 51(xxxix) of the
Constitution); or
(b) both:
(i) it is authorised by section 122 of the Constitution; and
(ii) it would have been authorised by paragraph 51(v) of the
Constitution (either alone or when read together with
paragraph 51(xxxix) of the Constitution) if section 51 of
the Constitution extended to the Territories.
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Online services Schedule 5
Review of decisions Part 10
Clause 92
Broadcasting Services Act 1992 177
Part 10—Review of decisions
92 Review by the AAT
(1) An application may be made to the AAT for a review of any of the
following decisions made by the ACMA:
(e) a decision to give an internet service provider a standard
access-prevention notice;
(f) a decision to give an internet service provider a special
access-prevention notice;
(g) a decision under clause 66 or 83 to:
(i) give a direction to an internet service provider; or
(ii) vary a direction that is applicable to an internet service
provider; or
(iii) refuse to revoke a direction that is applicable to an
internet service provider;
(h) a decision of a kind referred to in subclause 80(7) (which
deals with decisions under online provider determinations),
where the decision relates to an internet service provider.
(2) An application under subclause (1) may only be made by the
internet service provider concerned.
(3) An application may be made to the AAT for a review of a decision
of the ACMA under clause 62 to refuse to register a code.
(4) An application under subclause (3) may only be made by the body
or association that developed the code.
93 Notification of decisions to include notification of reasons and
appeal rights
If the ACMA makes a decision that is reviewable under clause 92,
the ACMA is to include in the document by which the decision is
notified:
(a) a statement setting out the reasons for the decision; and
(b) a statement to the effect that an application may be made to
the AAT for a review of the decision.
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Schedule 5 Online services
Part 11 Miscellaneous
Clause 94
178 Broadcasting Services Act 1992
Part 11—Miscellaneous
94 Additional ACMA functions
The ACMA has the following functions:
(a) to monitor compliance with codes and standards registered
under Part 5 of this Schedule;
(b) to advise and assist parents and responsible adults in relation
to the supervision and control of children’s access to internet
content;
(c) to conduct and/or co-ordinate community education
programs about internet content and internet carriage
services, in consultation with relevant industry and consumer
groups and government agencies;
(d) to conduct and/or commission research into issues relating to
internet content and internet carriage services;
(e) to liaise with regulatory and other relevant bodies overseas
about co-operative arrangements for the regulation of the
internet industry, including (but not limited to) collaborative
arrangements to develop:
(i) multilateral codes of practice; and
(ii) internet content labelling technologies;
(f) to inform itself and advise the Minister on technological
developments and service trends in the internet industry.
95 Review before 1 January 2003
(1) Before 1 January 2003, the Minister must cause to be conducted a
review of the operation of this Schedule.
(2) The following matters are to be taken into account in conducting a
review under subclause (1):
(a) the general development of internet content filtering
technologies;
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Miscellaneous Part 11
Clause 96
Broadcasting Services Act 1992 179
(b) whether internet content filtering technologies have
developed to a point where it is practicable to use those
technologies to prevent end-users from accessing R-rated
information hosted outside Australia that is not subject to a
restricted access system;
(c) any other relevant matters.
(3) The Minister must cause to be prepared a report of a review under
subclause (1).
(4) The Minister must cause copies of the report to be laid before each
House of the Parliament within 15 sitting days of that House after
the completion of the preparation of the report.
(5) The Parliament acknowledges the Government’s policy intention
that, in the event that internet content filtering technologies
develop to a point where it is practicable to use those technologies
to prevent end-users from accessing R-rated information hosted
outside Australia that is not subject to a restricted access system,
legislation will be introduced into the Parliament to:
(a) extend subclause 10(1) to internet content hosted outside
Australia; and
(b) repeal subclause 10(2).
96 Schedule not to affect performance of State or Territory
functions
A power conferred by this Schedule must not be exercised in such
a way as to prevent the exercise of the powers, or the performance
of the functions, of government of a State, the Northern Territory,
the Australian Capital Territory or Norfolk Island.
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Schedule 6 Datacasting services
Part 1 Introduction
Clause 1
180 Broadcasting Services Act 1992
Schedule 6—Datacasting services Note: See section 216c.
Part 1—Introduction
1 Simplified outline
The following is a simplified outline of this Schedule:
• This Schedule sets up a system for regulating the provision of
datacasting services.
• A person who provides a designated datacasting service must
hold a datacasting licence.
• Datacasting content will be subject to restrictions. Those
restrictions are designed to encourage datacasting licensees to
provide a range of innovative services that are different to
traditional broadcasting services.
• The main restrictions on datacasting content are as follows:
(a) restrictions on the provision of certain genres of
television programs;
(b) restrictions on the provision of audio content.
• Datacasting licensees (other than restricted datacasting
licensees) will be allowed to provide the following types of
content:
(a) information-only programs (including matter that
enables people to carry out transactions);
(b) educational programs;
(c) interactive computer games;
(d) content in the form of text or still visual images;
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Introduction Part 1
Clause 2
Broadcasting Services Act 1992 181
(e) Parliamentary broadcasts;
(f) ordinary electronic mail;
(g) internet content.
• Restricted datacasting licensees will not be allowed to provide
content in a form that is specified in a legislative instrument
made by the Minister.
• A group that represents datacasting licensees may develop
codes of practice.
• The ACMA has a reserve power to make a standard if there
are no codes of practice or if a code of practice is deficient.
• The ACMA is to investigate complaints about datacasting
licensees.
2 Definitions
(1) In this Schedule, unless the contrary intention appears:
advertising or sponsorship material means advertising or
sponsorship material (whether or not of a commercial kind).
Classification Board means the Classification Board established
by the Classification (Publications, Films and Computer Games)
Act 1995.
compilation program means a program that consists of video clips
or other matter edited together to form a structured program, where
there is a heavy emphasis on entertainment value.
declared internet carriage service has the meaning given by
clause 23B.
designated datacasting service has the meaning given by
clause 2A.
drama program has the same meaning as in section 103B.
educational program has the meaning given by clause 3.
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Part 1 Introduction
Clause 2
182 Broadcasting Services Act 1992
engage in conduct (except in clause 55 or 56) means:
(a) do an act; or
(b) omit to perform an act.
financial, market or business information bulletin means a
bulletin the sole or dominant purpose of which is to provide
information, analysis, commentary or discussion in relation to
financial, market or business matters.
foreign-language news or current affairs program has the
meaning given by clause 5.
information-only program has the meaning given by clause 4.
infotainment or lifestyle program means a program the sole or
dominant purpose of which is to present factual information in an
entertaining way, where there is a heavy emphasis on
entertainment value.
interactive computer game means a computer game, where:
(a) the way the game proceeds, and the result achieved at various
stages of the game, is determined in response to the
decisions, inputs and direct involvement of the player; and
(b) a part of the software that enables end-users to play the game
is under the control of the datacasting licensee concerned.
internet carriage service has the same meaning as in Schedule 5,
but does not include a service that transmits content that has been
copied from the internet, where the content is selected by the
datacasting licensee concerned.
music program means a program the sole or dominant purpose of
which is to provide:
(a) music with video clips; or
(b) video footage of musical performances;
or both.
news or current affairs program means any of the following:
(a) a news bulletin;
(b) a sports news bulletin;
(c) a program (whether presenter-based or not) whose sole or
dominant purpose is to provide analysis, commentary or
discussion principally designed to inform the general
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Datacasting services Schedule 6
Introduction Part 1
Clause 2
Broadcasting Services Act 1992 183
community about social, economic or political issues of
current relevance to the general community.
nominated datacaster declaration means a declaration under
clause 45.
ordinary electronic mail does not include a posting to a
newsgroup.
qualified entity means:
(a) a company that:
(i) is registered under Part 2A.2 of the Corporations Act
2001; and
(ii) has a share capital; or
(b) the Commonwealth, a State or a Territory; or
(c) the Australian Broadcasting Corporation; or
(d) the Special Broadcasting Service Corporation; or
(e) any other body corporate established for a public purpose by
a law of the Commonwealth or of a State or Territory.
“reality television” program means a program the sole or
dominant purpose of which is to depict actual, contemporary
events, people or situations in a dramatic or entertaining way,
where there is a heavy emphasis on dramatic impact or
entertainment value.
related body corporate has the same meaning as in the
Corporations Act 2001.
sports program means a program the sole or dominant purpose of
which is to provide:
(a) coverage of one or more sporting events; or
(b) analysis, commentary or discussion in relation to one or more
sporting events;
or both, but does not include a sports news bulletin.
transmitter licence has the same meaning as in the
Radiocommunications Act 1992.
(2) In determining the meaning of an expression used in a provision of
this Act (other than this Schedule), this clause is to be disregarded.
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Schedule 6 Datacasting services
Part 1 Introduction
Clause 2A
184 Broadcasting Services Act 1992
2A Designated datacasting service
(1) For the purposes of this Schedule, a designated datacasting service
is a datacasting service that:
(a) is provided by a person who is:
(i) a commercial television broadcasting licensee; or
(ii) a commercial radio broadcasting licensee; or
(iii) a national broadcaster; or
(b) is of a kind specified in an instrument under subclause (2).
(2) The Minister may, by legislative instrument, specify kinds of
datacasting services for the purposes of paragraph (1)(b).
3 Educational programs
(1) For the purposes of this Schedule, an educational program is
matter, where, having regard to:
(a) the substance of the matter; and
(b) the way in which the matter is advertised or promoted; and
(c) any other relevant matters;
it would be concluded that the sole or dominant purpose of the
matter is to assist a person in education or learning, whether or not
in connection with a course of study or instruction.
(2) Subclause (1) has effect subject to subclauses (3) and (4).
ACMA determinations
(3) The ACMA may make a written determination providing that, for
the purposes of this Schedule, specified matter is taken to be an
educational program.
(4) The ACMA may make a written determination providing that, for
the purposes of this Schedule, specified matter is taken not to be an
educational program.
(5) A determination under subclause (3) or (4) has effect accordingly.
(6) A determination under subclause (3) or (4) is to be an instrument of
a legislative character.
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Datacasting services Schedule 6
Introduction Part 1
Clause 4
Broadcasting Services Act 1992 185
(7) A determination under subclause (3) or (4) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
4 Information-only programs
(1) For the purposes of this Schedule, an information-only program is
matter the sole or dominant purpose of which is to:
(a) provide factual information, or directly-related comment,
about any of a wide range of matters, including but not
limited to any of the following:
(i) products;
(ii) services;
(iii) community activities;
(iv) domestic or household matters;
(v) private recreational pursuits or hobbies;
(vi) legal rights, obligations or responsibilities;
(vii) first aid, health or safety matters;
(viii) emergencies or natural disasters;
(ix) rural matters;
(x) travel matters;
(xi) crime prevention matters; or
(b) enable and/or facilitate the carrying out and/or completion of
transactions;
or both, where there is not a significant emphasis on dramatic
impact or entertainment.
(2) Subclause (1) has effect subject to subclauses (3) and (4).
ACMA determinations
(3) The ACMA may make a written determination providing that, for
the purposes of this Schedule, specified matter is taken to be an
information-only program.
(4) The ACMA may make a written determination providing that, for
the purposes of this Schedule, specified matter is taken not to be an
information-only program.
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Schedule 6 Datacasting services
Part 1 Introduction
Clause 4
186 Broadcasting Services Act 1992
(5) A determination under subclause (3) or (4) has effect accordingly.
(6) A determination under subclause (3) or (4) is to be an instrument of
a legislative character.
(7) A determination under subclause (3) or (4) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
Definitions
(8) In this clause:
community activity means:
(a) a meeting, event, performance or other activity that can be
attended by:
(i) the public; or
(ii) a section of the public; or
(iii) members of a particular club, society or organisation; or
(b) the activity of visiting an institution, a tourist attraction or
other place;
whether on payment of a charge or otherwise.
product includes real property.
services means any services, benefits, rights, privileges or facilities
that are capable of being provided, granted or conferred:
(a) in trade or commerce; or
(b) by a government or government authority; or
(c) in any other way.
transactions includes:
(a) commercial transactions; and
(b) banking transactions; and
(c) insurance transactions; and
(d) dealings about employment matters; and
(e) dealings with governments and government authorities.
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Datacasting services Schedule 6
Introduction Part 1
Clause 5
Broadcasting Services Act 1992 187
5 Foreign-language news or current affairs programs
(1) For the purposes of this Schedule, a foreign-language news or
current affairs program means a news or current affairs program
that is wholly in a language other than English.
(2) For the purposes of subclause (1), disregard minor and infrequent
uses of the English language.
(3) For the purposes of subclause (1), disregard any English language
subtitles or captioning.
6 Datacasting content is taken not to be a television program or a
radio program etc.
For the purposes of this Act (other than Divisions 1 and 2 of Part 3
of this Schedule) and any other law of the Commonwealth (other
than the Tobacco Advertising Prohibition Act 1992), if a
datacasting service is provided under, and in accordance with the
conditions of, a datacasting licence:
(a) any matter provided on that service is taken not to be a
television program or a radio program; and
(b) any matter provided on that service is taken not to be
broadcast or televised; and
(c) that service is taken not to be a broadcasting service, a
television service or a radio service.
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Schedule 6 Datacasting services
Part 2 Datacasting licences
Clause 7
188 Broadcasting Services Act 1992
Part 2—Datacasting licences
7 Allocation of datacasting licence
(1) The ACMA may allocate a datacasting licence to a person, on
written application by the person.
(2) Applications must:
(a) be in accordance with a form approved in writing by the
ACMA; and
(b) be accompanied by the application fee determined in writing
by the ACMA.
(3) An application under subsection (1) may be expressed to be an
application for a restricted datacasting licence.
8 When datacasting licence must not be allocated
(1) A datacasting licence is not to be allocated to an applicant if:
(a) the applicant is not a qualified entity; or
(b) the ACMA decides that subclause 9(1) applies to the
applicant.
(2) The ACMA may refuse to allocate a datacasting licence to an
applicant if a datacasting licence held by the applicant, or by a
related body corporate of the applicant, was cancelled at any time
during the previous 12 months.
(3) Paragraph (1)(b) does not require the ACMA to consider the
application of clause 9 in relation to an applicant before allocating
a licence to the applicant.
9 Unsuitable applicant
(1) The ACMA may, if it is satisfied that allowing a particular person
to provide a datacasting service under a datacasting licence would
lead to a significant risk of:
(a) an offence against this Act or the regulations being
committed; or
(aa) a breach of a civil penalty provision occurring; or
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Datacasting services Schedule 6
Datacasting licences Part 2
Clause 10
Broadcasting Services Act 1992 189
(b) a breach of the conditions of the licence occurring;
decide that this subclause applies to the person.
(2) In deciding whether such a risk exists, the ACMA is to take into
account:
(a) the business record of the person; and
(b) the person’s record in situations requiring trust and candour;
and
(c) the business record of each person who would be, if a
datacasting licence were allocated to the first-mentioned
person, in a position to control the licence; and
(d) the record in situations requiring trust and candour of each
such person; and
(e) whether the first-mentioned person, or a person referred to in
paragraph (c) or (d), has been convicted of an offence against
this Act or the regulations; and
(f) whether a civil penalty order has been made against:
(i) the first-mentioned person; or
(ii) a person referred to in paragraph (c) or (d).
(3) This clause does not affect the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain
circumstances, relieve persons from the requirement to disclose
spent convictions and require persons aware of such convictions to
disregard them).
10 Transfer of datacasting licences
(1) A datacasting licensee may transfer the licence to another qualified
entity.
(2) A transferee of a datacasting licence must, within 7 days after the
transfer, notify the ACMA of the transfer.
Penalty: 50 penalty units.
(2A) Subclause (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) A notification must be in accordance with a form approved in
writing by the ACMA.
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Schedule 6 Datacasting services
Part 2 Datacasting licences
Clause 11
190 Broadcasting Services Act 1992
11 Surrender of datacasting licences
A datacasting licensee may, by written notice given to the ACMA,
surrender the licence.
12 ACMA to maintain Register of datacasting licences that are not
restricted datacasting licences
(1) The ACMA is to maintain a Register in which the ACMA
includes:
(a) particulars of datacasting licences (other than restricted
datacasting licences); and
(b) such information about transmitter licences as the ACMA
determines.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
12A ACMA to maintain Register of restricted datacasting licences
(1) The ACMA is to maintain a Register in which the ACMA includes
particulars of restricted datacasting licences.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Genre conditions Division 1
Clause 13
Broadcasting Services Act 1992 191
Part 3—Conditions of datacasting licences
Division 1—Genre conditions
13 Category A television programs
(1) For the purposes of this Division, each of the following television
programs is a category A television program:
(a) a drama program;
(c) a sports program;
(d) a music program;
(e) an infotainment or lifestyle program;
(f) a documentary program;
(g) a ―reality television‖ program;
(h) a children’s entertainment program;
(i) a light entertainment or variety program;
(j) a compilation program;
(k) a quiz or games program;
(l) a comedy program;
(m) a program that consists of a combination of any or all of the
above programs.
(2) Subclause (1) has effect subject to subclauses (3), (4) and (5).
(3) For the purposes of this Division, neither of the following
television programs is a category A television program:
(a) an information-only program;
(b) an educational program.
ACMA genre determinations
(4) The ACMA may make a written determination providing that, for
the purposes of this Division, a specified television program or
specified matter is taken to be a category A television program
covered by a specified paragraph of subclause (1).
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 1 Genre conditions
Clause 14
192 Broadcasting Services Act 1992
(5) The ACMA may make a written determination providing that, for
the purposes of this Division, a specified television program or
specified matter is taken not to be a category A television program
covered by a specified paragraph of subclause (1).
(6) A determination under subclause (4) or (5) has effect accordingly.
(7) A determination under subclause (4) or (5) is to be an instrument of
a legislative character.
(8) A determination under subclause (4) or (5) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
14 Condition relating to category A television programs
(1) Each datacasting licence is subject to the condition that the licensee
will not transmit matter that, if it were broadcast on a commercial
television broadcasting service, would be:
(a) a category A television program; or
(b) an extract from a category A television program.
(2) The condition set out in subclause (1) does not prevent the licensee
from transmitting an extract from a category A television program,
so long as:
(a) the extract is not longer than 10 minutes; and
(c) the extract is not combined with one or more other extracts
from category A television programs in such a way that the
extracts together constitute the whole or a majority of a
particular category A television program; and
(d) having regard to:
(i) the nature of the extract; and
(ii) the circumstances in which the extract is provided;
it would be concluded that the licensee did not intend that the
extract be combined with one or more other extracts from
category A television programs in such a way that the
extracts together constitute the whole or a majority of a
particular category A television program.
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Genre conditions Division 1
Clause 15
Broadcasting Services Act 1992 193
(3) A reference in subclause (2) to a category A television program is
a reference to matter that is covered by subclause (1) because of
paragraph (1)(a).
(4) A reference in subclause (2) to an extract from a category A
television program is a reference to matter that is covered by
subclause (1) because of paragraph (1)(b).
(5) If, because of subclause (2) of this clause, a datacasting licensee
can transmit matter without breaching the condition set out in
subclause (1) of this clause, the condition set out in subclause 16(1)
does not prevent the licensee from transmitting that matter.
15 Category B television programs
(1) For the purposes of this Division, each of the following television
programs is a category B television program:
(a) a news or current affairs program;
(b) a financial, market or business information bulletin;
(c) a weather bulletin;
(d) a bulletin or program that consists of a combination of any or
all of the above bulletins or programs.
(2) Subclause (1) has effect subject to subclauses (3), (4) and (5).
(3) For the purposes of this Division, none of the following television
programs is a category B television program:
(a) an information-only program;
(b) an educational program;
(c) a foreign-language news or current affairs program.
ACMA genre determinations
(4) The ACMA may make a written determination providing that, for
the purposes of this Division, a specified television program or
specified matter is taken to be a category B television program
covered by a specified paragraph of subclause (1).
(5) The ACMA may make a written determination providing that, for
the purposes of this Division, a specified television program or
specified matter is taken not to be a category B television program
covered by a specified paragraph of subclause (1).
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 1 Genre conditions
Clause 16
194 Broadcasting Services Act 1992
(6) A determination under subclause (4) or (5) has effect accordingly.
(7) A determination under subclause (4) or (5) is to be an instrument of
a legislative character.
(8) A determination under subclause (4) or (5) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
16 Condition relating to category B television programs
(1) Each datacasting licence is subject to the condition that the licensee
will not transmit matter that, if it were broadcast on a commercial
television broadcasting service, would be:
(a) a category B television program; or
(b) an extract from a category B television program.
(2) The condition set out in subclause (1) does not prevent the licensee
from transmitting a bulletin, or program, (whether presenter-based
or not), so long as:
(a) the bulletin or program is not longer than 10 minutes; and
(b) if:
(i) an earlier bulletin or program covered by subclause (1)
was transmitted by the licensee; and
(ii) the content of the first-mentioned bulletin or program
differs in any respect from the content of the earlier
bulletin or program;
the interval between the start of the transmission of the
earlier bulletin or program and the start of the transmission of
the first-mentioned bulletin or program is at least 30 minutes;
and
(c) the bulletin or program is not combined with one or more
other bulletins or programs in such a way that the bulletins or
programs together constitute a bulletin or program longer
than 10 minutes; and
(d) having regard to:
(i) the nature of the bulletin or program; and
(ii) the circumstances in which the bulletin or program is
provided;
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Genre conditions Division 1
Clause 17
Broadcasting Services Act 1992 195
it would be concluded that the licensee did not intend that the
bulletin or program be combined with one or more other
bulletins or programs in such a way that the bulletins or
programs together constitute a bulletin or program longer
than 10 minutes.
(3) The condition set out in subclause (1) does not prevent the licensee
from transmitting a bulletin or program, so long as:
(a) the bulletin or program is not a presenter-based bulletin or
program; and
(b) one of the following applies:
(i) the bulletin or program consists of a single item of news
(including a single item of sports news);
(ii) the bulletin or program is a financial, market or business
information bulletin or program that deals with a single
topic;
(iia) the bulletin or program is a compilation of items, the
subject of which is the same or directly related, and is
not longer than 10 minutes;
(iii) the bulletin or program is a weather bulletin or program;
and
(c) the bulletin or program can only be accessed by an end-user
who makes a selection from an on-screen menu.
(4) In this clause:
presenter-based bulletin or program means a bulletin or program
that consists of, or includes, a combination of:
(a) introductory or closing segments, or both, spoken by a host,
or an anchor presenter, who is visible on the screen; and
(b) video images (whether or not with accompanying sound).
(5) If, because of subclause (2) or (3) of this clause, a datacasting
licensee can transmit matter without breaching the condition set
out in subclause (1) of this clause, the condition set out in
subclause 14(1) does not prevent the licensee from transmitting
that matter.
17 Genre conditions do not apply to Parliamentary proceedings etc.
The conditions set out in clauses 14 and 16 do not prevent a
datacasting licensee from transmitting live matter that consists of:
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 1 Genre conditions
Clause 18
196 Broadcasting Services Act 1992
(a) the proceedings of, or the proceedings of a committee of, a
Parliament; or
(b) the proceedings of a court or tribunal in Australia; or
(c) the proceedings of an official inquiry or Royal Commission
in Australia; or
(d) a hearing conducted by a body established for a public
purpose by a law of the Commonwealth or of a State or
Territory.
18 Genre conditions do not apply to matter that consists of no more
than text or still visual images etc.
(1) The conditions set out in clauses 14 and 16 do not prevent a
datacasting licensee from transmitting matter that consists of no
more than:
(a) text; or
(b) text accompanied by associated sounds; or
(c) still visual images; or
(d) still visual images accompanied by associated sounds; or
(e) any combination of matter covered by the above paragraphs;
or
(f) any combination of:
(i) matter that is covered by any of the above
paragraphs (the basic matter); and
(ii) animated images (with or without associated sounds);
where:
(iii) having regard to the substance of the animated images,
it would be concluded that the animated images are
ancillary or incidental to the basic matter; or
(iv) the animated images consist of advertising or
sponsorship material.
(2) In determining the meaning of the expressions television or
television program, when used in a provision of this Act,
subclause (1) is to be disregarded.
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Genre conditions Division 1
Clause 18A
Broadcasting Services Act 1992 197
18A Genre conditions do not apply to advertising or sponsorship
material
The conditions set out in clauses 14 and 16 do not prevent a
datacasting licensee from transmitting advertising or sponsorship
material.
19 Genre conditions do not apply to interactive computer games
(1) The conditions set out in clauses 14 and 16 do not prevent a
datacasting licensee from providing an interactive computer game.
(2) In determining the meaning of the expressions television or
television program, when used in a provision of this Act,
subclause (1) is to be disregarded.
20 Genre conditions do not apply to internet carriage services or
ordinary electronic mail
(1) The conditions set out in clauses 14 and 16 do not apply to:
(a) the transmission of so much of a datacasting service as
consists of an internet carriage service (other than a declared
internet carriage service); or
(b) the transmission of ordinary electronic mail.
(2) In determining the meaning of the expressions television or
television program, when used in a provision of this Act,
subclause (1) is to be disregarded.
20AA Genre conditions do not apply to certain content copied from
the internet
(1) The conditions set out in clauses 14 and 16 do not apply to the
transmission of matter if:
(a) the matter is content that has been copied from the internet;
and
(b) the content is selected by the datacasting licensee concerned;
and
(c) there is in force an exemption order under subclause 27A(1)
in relation to the transmission of the matter.
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 1 Genre conditions
Clause 20AA
198 Broadcasting Services Act 1992
(2) In determining the meaning of the expressions television or
television program, when used in a provision of this Act,
subclause (1) is to be disregarded.
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Audio content condition Division 2
Clause 21
Broadcasting Services Act 1992 199
Division 2—Audio content condition
21 Audio content condition
(1) Each datacasting licence is subject to the condition that the licensee
will not transmit matter that, if it were broadcast on a commercial
radio broadcasting service, would be a designated radio program.
Designated radio program
(2) For the purposes of this clause, a designated radio program is a
radio program other than:
(a) an information-only program; or
(b) an educational program; or
(c) a foreign-language news or current affairs program.
(3) Subclause (2) has effect subject to subclauses (4) and (5).
ACMA determinations
(4) The ACMA may make a written determination providing that, for
the purposes of this clause, a specified radio program or specified
matter is taken to be a designated radio program.
(5) The ACMA may make a written determination providing that, for
the purposes of this clause, a specified radio program or specified
matter is taken not to be a designated radio program.
(6) A determination under subclause (4) or (5) has effect accordingly.
(7) A determination under subclause (4) or (5) is to be an instrument of
a legislative character.
(8) A determination under subclause (4) or (5) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 2 Audio content condition
Clause 22
200 Broadcasting Services Act 1992
Condition does not apply to incidental or background audio
content
(8A) The condition set out in subclause (1) does not apply to the
transmission of audio content that is incidental to, or provided as
background to, matter displayed on the screen.
Condition does not apply to internet carriage services
(9) The condition set out in subclause (1) does not apply to the
transmission of so much of a datacasting service as consists of an
internet carriage service (other than a declared internet carriage
service).
Condition does not apply to certain content copied from the
internet
(10) The condition set out in subclause (1) does not apply to the
transmission of matter if:
(a) the matter is content that has been copied from the internet;
and
(b) the content is selected by the datacasting licensee concerned;
and
(c) there is in force an exemption order under subclause 27A(1)
in relation to the transmission of the matter.
22 Audio content condition does not apply to Parliamentary
proceedings etc.
The condition set out in clause 21 does not prevent a datacasting
licensee from transmitting live audio content that consists of:
(a) the proceedings of, or the proceedings of a committee of, a
Parliament; or
(b) the proceedings of a court or tribunal in Australia; or
(c) the proceedings of an official inquiry or Royal Commission
in Australia; or
(d) a hearing conducted by a body established for a public
purpose by a law of the Commonwealth or of a State or
Territory.
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Audio content condition Division 2
Clause 23
Broadcasting Services Act 1992 201
23 Audio content condition does not apply to matter that consists of
no more than text or still visual images etc.
(1) The condition set out in clause 21 does not prevent a datacasting
licensee from transmitting matter that consists of no more than:
(a) text; or
(b) text accompanied by associated sounds; or
(c) still visual images; or
(d) still visual images accompanied by associated sounds; or
(e) any combination of matter covered by the above paragraphs;
or
(f) any combination of:
(i) matter that is covered by any of the above
paragraphs (the basic matter); and
(ii) animated images (with or without associated sounds);
where:
(iii) having regard to the substance of the animated images,
it would be concluded that the animated images are
ancillary or incidental to the basic matter; or
(iv) the animated images consist of advertising or
sponsorship material.
(2) In determining the meaning of the expressions radio or radio
program, when used in a provision of this Act, subclause (1) is to
be disregarded.
23A Audio content condition does not apply to advertising or
sponsorship material
The condition set out in clause 21 does not prevent a datacasting
licensee from transmitting advertising or sponsorship material.
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 2A Genre conditions: anti-avoidance
Clause 23B
202 Broadcasting Services Act 1992
Division 2A—Genre conditions: anti-avoidance
23B Anti-avoidance—declared internet carriage services
(1) If:
(a) the whole or a part of a datacasting service provided under a
datacasting licence consists of an internet carriage service;
and
(b) one or more persons enter into, begin to carry out, or carry
out, a scheme; and
(c) the ACMA is of the opinion that the person, or any of the
persons, who entered into, began to carry out, or carried out,
the scheme did so for the sole or dominant purpose of
avoiding the application to the licensee of Division 1 or 2;
the ACMA may, by writing, determine that, for the purposes of the
application of this Schedule to the licensee, the internet carriage
service is a declared internet carriage service.
(2) The person, or any of the persons, referred to in paragraphs (1)(b)
and (c) may be the licensee.
(3) A determination under subclause (1) has effect accordingly.
(4) In this clause:
scheme means:
(a) any agreement, arrangement, understanding, promise or
undertaking, whether express or implied and whether or not
enforceable, or intended to be enforceable, by legal
proceedings; or
(b) any scheme, plan, proposal, action, course of action or course
of conduct, whether there are 2 or more parties or only one
party involved.
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Other conditions Division 3
Clause 24
Broadcasting Services Act 1992 203
Division 3—Other conditions
24 General conditions
(1) Each datacasting licence is subject to the following conditions:
(a) the licensee will comply with the requirements of clauses 3,
3A, 4, 5 and 6 of Schedule 2 (as modified by subclause (4) of
this clause);
(b) the licensee will not, in contravention of the Tobacco
Advertising Prohibition Act 1992, transmit a tobacco
advertisement within the meaning of that Act;
(c) the licensee will comply with standards applicable to the
licence under clause 31;
(ca) if the licence is not a restricted datacasting licence—the
licensee will comply with any standards under section 130A
(which deals with technical standards for digital
transmission);
(d) the licensee will not use the datacasting service in the
commission of an offence against another Act or a law of a
State or Territory;
(e) the licensee will not transmit datacasting content that has
been classified as RC or X 18+ by the Classification Board;
(f) the licensee will not transmit datacasting content that has
been classified R 18+ by the Classification Board unless:
(i) the content has been modified as mentioned in
paragraph 28(4)(b); or
(ii) access to the program is subject to a restricted access
system (within the meaning of clause 27);
(g) the licensee will comply with subsection 130V(1) (which
deals with industry standards);
(h) if the whole or a part of the datacasting service consists of an
internet carriage service—the licensee will comply with an
online provider rule (within the meaning of Schedule 5) that
is applicable to the licensee in relation to the internet carriage
service;
(i) if the licence is not a restricted datacasting licence—the
licensee will not use the part of the radiofrequency spectrum
covered by paragraph (b) of the definition of broadcasting
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 3 Other conditions
Clause 24
204 Broadcasting Services Act 1992
services bands in subsection 6(1) to provide a datacasting
service under the licence.
(2) The conditions set out in paragraphs (1)(a), (c), (e) and (f) do not
apply in relation to:
(a) the transmission of so much of a datacasting service as
consists of an internet carriage service; or
(b) the transmission of ordinary electronic mail.
(3) The condition set out in paragraph (1)(b) does not apply in relation
to the transmission of ordinary electronic mail.
(4) Clauses 3, 3A, 4, 5 and 6 of Schedule 2 apply to datacasting
services provided under datacasting licences in a corresponding
way to the way in which those clauses apply to broadcasting
services, and, in particular, those clauses have effect as if:
(a) a reference in those clauses to a person providing
broadcasting services under a class licence included a
reference to a person who is a datacasting licensee; and
(b) a reference in those clauses to a broadcasting service
included a reference to a datacasting service; and
(c) a reference in those clauses to broadcast included a reference
to provide on a datacasting service; and
(d) subclause 4(2) of Schedule 2 were not applicable to political
matter provided under a datacasting licence, where the
political matter consists of no more than:
(i) text; or
(ii) still visual images; or
(iii) any combination of matter covered by the above
subparagraphs; and
(e) clause 4 of Schedule 2 also provided that, if a datacasting
licensee provides on a datacasting service, at the request of
another person, political matter that consists of no more than:
(i) text; or
(ii) still visual images; or
(iii) any combination of matter covered by the above
subparagraphs;
the licensee must also cause to be displayed to end-users the
required particulars in relation to the political matter in a
form approved in writing by the ACMA.
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Other conditions Division 3
Clause 24A
Broadcasting Services Act 1992 205
(5) Subclause (4) does not apply to:
(a) the transmission of so much of a datacasting service as
consists of an internet carriage service; or
(b) the transmission of ordinary electronic mail.
24A Special conditions for restricted datacasting licences
Each restricted datacasting licence is subject to the following
conditions:
(a) the datacasting content provided under the licence will be
transmitted using a digital modulation technique;
(b) if a form of datacasting content is specified in a legislative
instrument made by the Minister—the licensee will not
provide datacasting content in that form;
(c) the licensee will comply with any standards under
section 130AA (which deals with technical standards for
digital transmission).
25 Suitability condition
(1) Each datacasting licence is subject to the condition that the licensee
will remain a suitable licensee.
(2) For the purposes of this clause, a person is a suitable licensee if the
ACMA has not decided that subclause (3) applies to the person.
(3) The ACMA may, if it is satisfied that allowing a particular person
to provide, or continue to provide, datacasting services under a
datacasting licence would lead to a significant risk of:
(a) an offence against this Act or the regulations being
committed; or
(b) a breach of the conditions of the licence occurring;
decide that this subclause applies to the person.
(4) In deciding whether such a risk exists, the ACMA is to take into
account:
(a) the business record of the person; and
(b) the person’s record in situations requiring trust and candour;
and
(c) the business record of each person who is in a position to
control the licence; and
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 3 Other conditions
Clause 26
206 Broadcasting Services Act 1992
(d) the record in situations requiring trust and candour of each
such person; and
(e) whether the first-mentioned person, or a person referred to in
paragraph (c) or (d), has been convicted of an offence against
this Act or the regulations.
(5) This clause does not affect the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain
circumstances, relieve persons from the requirement to disclose
spent convictions and require persons aware of such convictions to
disregard them).
26 Additional conditions imposed by the ACMA
(1) The ACMA may, by written notice given to a datacasting licensee:
(a) impose an additional condition on the licence; or
(b) vary or revoke a condition of the licence imposed under this
clause.
(2) If the ACMA proposes to vary or revoke a condition or to impose a
new condition, the ACMA must:
(a) give to the licensee written notice of its intention; and
(b) give to the licensee a reasonable opportunity to make
representations to the ACMA in relation to the proposed
action; and
(c) make the proposed changes available on the internet.
(3) Action taken under subclause (1) must not be inconsistent with
conditions set out in:
(a) clause 14; or
(b) clause 16; or
(c) clause 21; or
(d) clause 24; or
(e) clause 25.
(4) Conditions of datacasting licences varied or imposed by the
ACMA must be relevant to the datacasting services to which those
licences relate.
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Datacasting services Schedule 6
Conditions of datacasting licences Part 3
Other conditions Division 3
Clause 27
Broadcasting Services Act 1992 207
(5) Without limiting the range of conditions that may be imposed, the
ACMA may impose a condition on a datacasting licensee:
(a) requiring the licensee to comply with a code of practice that
is applicable to the licensee; or
(b) designed to ensure that a breach of a condition by the
licensee does not recur.
ACMA to maintain Register of conditions
(6) The ACMA is to maintain a register in which it includes particulars
of:
(a) conditions imposed under this clause; and
(b) variations of conditions under this clause; and
(c) revocations of conditions under this clause.
(7) The Register may be maintained by electronic means.
(8) The Register is to be made available for inspection on the internet.
27 Restricted access system
(1) The ACMA may, by written instrument, declare that a specified
access-control system is a restricted access system for the purposes
of this Division. A declaration under this subclause has effect
accordingly.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
(2) In making an instrument under subclause (1), the ACMA must
have regard to:
(a) the objective of protecting children from exposure to matter
that is unsuitable for children; and
(b) such other matters (if any) as the ACMA considers relevant.
(3) An instrument under subclause (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.
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Schedule 6 Datacasting services
Part 3 Conditions of datacasting licences
Division 4 Exemption orders for content copied from the internet
Clause 27A
208 Broadcasting Services Act 1992
Division 4—Exemption orders for content copied from the
internet
27A Exemption orders in relation to content copied from the
internet
(1) If the ACMA is satisfied that:
(a) matter is proposed to be transmitted by a datacasting
licensee; and
(b) the matter is content that is proposed to be copied from the
internet; and
(c) the content is proposed to be selected by the datacasting
licensee; and
(d) if it were assumed that clause 20AA and subclause 21(10)
had not been enacted:
(i) any breach of the conditions set out in clauses 14 and 16
and subclause 21(1) that would arise from the
transmission of the matter would be of a minor,
infrequent or incidental nature; or
(ii) the transmission of the matter would not be contrary to
the purpose of clauses 14, 16 and 21;
the ACMA may, by writing, make an exemption order in relation
to the transmission of the matter.
(2) If the ACMA receives a request from a datacasting licensee to
make an exemption order in relation to the transmission of matter
by the licensee, the ACMA must use its best endeavours to make
that decision within 28 days after the request was made.
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Datacasting services Schedule 6
Codes of practice Part 4
Clause 28
Broadcasting Services Act 1992 209
Part 4—Codes of practice
28 Development of codes of practice
(1) The Parliament intends that:
(a) a group that the ACMA is satisfied represents datacasting
licensees should develop codes of practice that are to be
applicable to the datacasting operations of datacasting
licensees; and
(b) those codes of practice should be developed:
(i) in consultation with the ACMA; and
(ii) taking account of any relevant research conducted by
the ACMA.
Content of codes of practice
(2) Codes of practice may relate to:
(a) preventing the transmission of matter that, in accordance
with community standards, is not suitable to be transmitted
by datacasting licensees; and
(b) methods of ensuring that the protection of children from
exposure to datacasting content which may be harmful to
them is a high priority; and
(c) methods of classifying datacasting content that reflect
community standards; and
(d) promoting accuracy and fairness in datacasting content that
consists of news or current affairs; and
(e) preventing the transmission of datacasting content that:
(i) simulates news or events in a way that misleads or
alarms end-users; or
(ii) depicts the actual process of putting a person into a
hypnotic state; or
(iii) is designed to induce a hypnotic state in end-users; or
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Schedule 6 Datacasting services
Part 4 Codes of practice
Clause 28
210 Broadcasting Services Act 1992
(iv) uses or involves the process known as subliminal
perception or any other technique that attempts to
convey information to end-users by transmitting
messages below or near the threshold of normal
awareness; and
(f) datacasting content that consists of:
(i) advertising; or
(ii) sponsorship announcements; and
(g) methods of:
(i) handling complaints from the public about datacasting
content or compliance with codes of practice; and
(ii) reporting to the ACMA on complaints so made; and
(h) in a case where there are customers of datacasting
licensees—dealings with those customers, including methods
of billing, fault repair, privacy and credit management; and
(i) such other matters relating to datacasting content as are of
concern to the community.
Classification etc.
(3) In developing codes of practice relating to matters referred to in
paragraphs (2)(a) and (c), community attitudes to the following
matters are to be taken into account:
(a) the portrayal in datacasting content of physical and
psychological violence;
(b) the portrayal in datacasting content of sexual conduct and
nudity;
(c) the use in datacasting content of offensive language;
(d) the portrayal in datacasting content of the use of drugs,
including alcohol and tobacco;
(e) the portrayal in datacasting content of matter that is likely to
incite or perpetuate hatred against, or vilifies, any person or
group on the basis of ethnicity, nationality, race, gender,
sexual orientation, age, religion or physical or mental
disability;
(f) such other matters relating to datacasting content as are of
concern to the community.
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Datacasting services Schedule 6
Codes of practice Part 4
Clause 28
Broadcasting Services Act 1992 211
(4) In developing codes of practice referred to in paragraph (2)(a), (b)
or (c), the group that the ACMA is satisfied represents datacasting
licensees must ensure that:
(a) for the purpose of classifying films—those codes apply the
film classification system administered by the Classification
Board; and
(b) those codes provide for methods of modifying films having
particular classifications under that system so that the films
are suitable to be transmitted; and
(c) those codes provide for the provision of advice to consumers
on the reasons for films receiving a particular classification;
and
(d) for the purpose of classifying interactive computer games—
those codes apply the computer games classification system
administered by the Classification Board; and
(e) those codes provide for the provision of advice to consumers
on the reasons for interactive computer games receiving a
particular classification; and
(f) for the purpose of classifying content (other than films or
interactive computer games)—those codes apply the film
classification system administered by the Classification
Board in a corresponding way to the way in which that
system applies to films; and
(g) those codes provide for methods of modifying content (other
than films or interactive computer games) having particular
classifications under that system (as correspondingly applied)
so that the content is suitable to be transmitted; and
(h) those codes provide for the provision of advice to consumers
on the reasons for content (other than films or interactive
computer games) receiving a particular classification.
(5) In developing codes of practice referred to in paragraph (2)(a) or
(b), the group that the ACMA is satisfied represents datacasting
licensees must ensure that films classified as ―M‖ or ―MA 15+‖ do
not portray material that goes beyond the previous ―AO‖
classification criteria.
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Schedule 6 Datacasting services
Part 4 Codes of practice
Clause 29
212 Broadcasting Services Act 1992
Registration of codes of practice
(6) If:
(a) the group that the ACMA is satisfied represents datacasting
licensees develops a code of practice to be observed in the
conduct of the datacasting operations of those licensees; and
(b) the ACMA is satisfied that:
(i) the code of practice provides appropriate community
safeguards for the matters covered by the code; and
(ii) the code is endorsed by a majority of datacasting
licensees; and
(iii) members of the public have been given an adequate
opportunity to comment on the code;
the ACMA must include that code in the Register of codes of
practice.
Interactive computer game
(7) In this clause:
interactive computer game includes a computer game within the
meaning of the Classification (Publications, Films and Computer
Games) Act 1995.
29 Review by the ACMA
(1) The ACMA must periodically conduct a review of the operation of
subclause 28(4) to see whether that subclause is in accordance with
prevailing community standards.
(2) If, after conducting such a review, the ACMA concludes that
subclause 28(4) is not in accordance with prevailing community
standards, the ACMA must recommend to the Minister appropriate
amendments to this Act that would ensure that subclause 28(4) is
in accordance with prevailing community standards.
(3) If the Minister receives a recommendation under subclause (2), the
Minister must cause a copy of the recommendation to be tabled in
each House of the Parliament within 15 sitting days of that House
after receiving the recommendation.
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Datacasting services Schedule 6
Codes of practice Part 4
Clause 30
Broadcasting Services Act 1992 213
30 ACMA to maintain Register of codes of practice
(1) The ACMA is to maintain a Register in which it includes all codes
of practice registered under clause 28.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
31 ACMA may determine standards where codes of practice fail or
where no code of practice developed
(1) If:
(a) the ACMA is satisfied that there is convincing evidence that
a code of practice registered under clause 28 is not operating
to provide appropriate community safeguards for a matter
referred to in subclause 28(2) in relation to the datacasting
operations of datacasting licensees; and
(b) the ACMA is satisfied that it should determine a standard in
relation to that matter;
the ACMA must, in writing, determine a standard in relation to that
matter.
(2) If:
(a) no code of practice has been registered under clause 28 for a
matter referred to in subclause 28(2); and
(b) the ACMA is satisfied that it should determine a standard in
relation to that matter;
the ACMA must, by notice in writing, determine a standard in
relation to that matter.
(3) A standard determined under this clause is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
32 Consultation on standards
The ACMA must, before determining, varying or revoking a
standard, seek public comment on the proposed standard or the
variation or revocation.
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Schedule 6 Datacasting services
Part 4 Codes of practice
Clause 33
214 Broadcasting Services Act 1992
33 Notification of determination or variation or revocation of
standards
If the ACMA determines or varies or revokes a standard, the
ACMA must publish in the Gazette a notice stating:
(a) that the standard has been determined, varied or revoked; and
(b) the places where copies of the standard or of the variation or
revocation can be purchased.
34 Limitation of ACMA’s power in relation to standards
(1) The ACMA must not determine a standard that requires that,
before datacasting content is transmitted, the datacasting content,
or a sample of the datacasting content, be approved by the ACMA
or by a person or body appointed by the ACMA.
(2) However, the ACMA may determine such a standard in relation to
datacasting content for children.
35 This Part does not apply to internet carriage services or ordinary
electronic mail
This Part does not apply to:
(a) the transmission of so much of a datacasting service as
consists of an internet carriage service; or
(b) the transmission of ordinary electronic mail.
35A This Part does not apply to the ABC or SBS
For the purposes of this Part, the Australian Broadcasting
Corporation and the Special Broadcasting Service Corporation are
taken not to be datacasting licensees.
Note: If the Australian Broadcasting Corporation or the Special
Broadcasting Service Corporation is otherwise a datacasting licensee,
it is a duty of the Board of the Corporation to develop a code of
practice that relates to the service provided under the licence. See
paragraph 8(1)(e) of the Australian Broadcasting Corporation Act
1983 and paragraph 10(1)(j) of the Special Broadcasting Service Act
1991.
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Datacasting services Schedule 6
Complaints to the ACMA about datacasting services Part 5
Clause 36
Broadcasting Services Act 1992 215
Part 5—Complaints to the ACMA about
datacasting services
36 Complaints about offences or breach of licence conditions
(1) If a person believes that a datacasting licensee has:
(a) committed an offence against this Act or the regulations; or
(b) breached a condition of the datacasting licence;
the person may make a complaint to the ACMA about the matter.
(2) If a person believes that another person is providing a designated
datacasting service without a datacasting licence that authorises the
provision of that service, the first-mentioned person may make a
complaint to the ACMA about the matter.
37 Complaints under codes of practice
(1) If:
(a) a person has made a complaint to a datacasting licensee about
a matter relating to:
(i) datacasting content; or
(ii) compliance with a code of practice that applies to the
datacasting operations of datacasting licensees and that
is included in the Register of codes of practice; and
(b) if there is a relevant code of practice relating to the handling
of complaints of that kind—the complaint was made in
accordance with that code of practice; and
(c) either:
(i) the person has not received a response within 60 days
after making the complaint; or
(ii) the person has received a response within that period
but considers that response to be inadequate;
the person may make a complaint to the ACMA about the matter.
(2) This clause does not apply to:
(a) the transmission of so much of a datacasting service as
consists of an internet carriage service; or
(b) the transmission of ordinary electronic mail.
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Schedule 6 Datacasting services
Part 5 Complaints to the ACMA about datacasting services
Clause 38
216 Broadcasting Services Act 1992
(3) Also, this clause does not apply if the datacasting licensee is the
Australian Broadcasting Corporation or the Special Broadcasting
Service Corporation.
Note: Sections 150 to 153 deal with complaints about a datacasting service
provided by the Australian Broadcasting Corporation or the Special
Broadcasting Service Corporation.
38 Investigation of complaints by the ACMA
(1) The ACMA must investigate the complaint.
(2) However, the ACMA need not investigate the complaint if it is
satisfied that:
(a) the complaint is frivolous or vexatious or was not made in
good faith; or
(b) in the case of a complaint referred to in subclause 36(1)—the
complaint does not relate to:
(i) an offence against this Act or the regulations; or
(ii) a breach of a condition of a licence.
(3) The ACMA must notify the complainant of the results of such an
investigation.
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Datacasting services Schedule 6
Control of datacasting transmitter licences Part 6
Clause 41
Broadcasting Services Act 1992 217
Part 6—Control of datacasting transmitter licences
41 Datacasting transmitter licences not to be controlled by ABC or
SBS
(1) The Australian Broadcasting Corporation must not be in a position
to exercise control of a datacasting transmitter licence.
(2) The Special Broadcasting Service Corporation must not be in a
position to exercise control of a datacasting transmitter licence.
(3) Subclauses (1) and (2) do not apply to a channel B datacasting
transmitter licence unless the relevant transmitter, or any of the
relevant transmitters, is operated for transmitting a datacasting
service that is capable of being received by a domestic digital
television receiver.
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Schedule 6 Datacasting services
Part 7 Nominated datacaster declarations
Clause 42
218 Broadcasting Services Act 1992
Part 7—Nominated datacaster declarations
42 Object of this Part
The object of this Part is to provide for the making of declarations
(nominated datacaster declarations) that allow the following
licences to be held by different persons:
(a) a datacasting licence that authorises the provision of a
datacasting service;
(b) a datacasting transmitter licence for a radiocommunications
transmitter that is for use for transmitting the datacasting
service.
43 Datacasting transmitter licence
A reference in this Part to a datacasting transmitter licence does
not include a reference to an authorisation under section 114 of the
Radiocommunications Act 1992.
44 Applications for nominated datacaster declarations
(1) If there is:
(a) a datacasting licence that authorises the provision of a
datacasting service; and
(b) a datacasting transmitter licence for a transmitter that is
intended for use for transmitting the datacasting service;
the licensee of the datacasting transmitter licence may apply to the
ACMA for a nominated datacaster declaration in relation to the
provision of the datacasting service under the datacasting licence.
(2) An application must be accompanied by:
(a) the application fee determined in writing by the ACMA; and
(b) the consent of the licensee of the datacasting licence.
(3) The application and consent must be:
(a) in writing; and
(b) in accordance with a form approved in writing by the
ACMA.
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Datacasting services Schedule 6
Nominated datacaster declarations Part 7
Clause 45
Broadcasting Services Act 1992 219
45 Making a nominated datacaster declaration
(1) After considering the application, the ACMA must declare in
writing that the provision of the datacasting service under the
datacasting licence is nominated in relation to the datacasting
transmitter licence if the ACMA is satisfied that:
(a) the licensee of the datacasting transmitter licence will
transmit the datacasting service on behalf of the licensee of
the datacasting licence; and
(b) the licensee of the datacasting transmitter licence will not be
involved in the selection or provision of datacasting content
to be transmitted on the datacasting service.
(2) The ACMA must give a copy of the declaration to:
(a) the applicant; and
(b) the licensee of the datacasting licence.
(3) If the ACMA refuses to make a nominated datacaster declaration,
the ACMA must give written notice of the refusal to:
(a) the applicant; and
(b) the licensee of the datacasting licence.
46 Effect of nominated datacaster declaration
If:
(a) a nominated datacaster declaration is in force; and
(b) the licensee of the datacasting transmitter licence transmits
the datacasting service on behalf of the licensee of the
datacasting licence;
then:
(c) for the purposes of the Radiocommunications Act 1992, the
licensee of the datacasting licence is taken not to operate the
radiocommunications transmitter for any purpose in
connection with that transmission; and
(d) for the purposes of this Act:
(i) the licensee of the datacasting licence is taken to
provide the datacasting service; and
(ii) the licensee of the datacasting transmitter licence is
taken not to provide the datacasting service; and
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Schedule 6 Datacasting services
Part 7 Nominated datacaster declarations
Clause 47
220 Broadcasting Services Act 1992
(e) for the purposes of this Act (other than Schedule 1) and the
Tobacco Advertising Prohibition Act 1992, any content that
is transmitted by the licensee of the datacasting transmitter
licence on behalf of the licensee of the datacasting licence:
(i) is taken to be content transmitted by the licensee of the
datacasting licence; and
(ii) is not taken to be content transmitted by the licensee of
the datacasting transmitter licence.
47 Revocation of nominated datacaster declaration
(1) The ACMA must, by writing, revoke a nominated datacaster
declaration if the ACMA is satisfied that:
(a) the licensee of the datacasting transmitter licence is not
transmitting, or does not propose to transmit, the datacasting
service on behalf of the licensee of the datacasting licence; or
(b) the licensee of the datacasting transmitter licence is involved,
or proposes to become involved, in the selection or provision
of datacasting content to be transmitted on the datacasting
service.
(2) The ACMA must, by writing, revoke a nominated datacaster
declaration if:
(a) the licensee of the datacasting transmitter licence; or
(b) the licensee of the datacasting licence;
gives the ACMA a written notice stating that the licensee does not
consent to the continued operation of the declaration.
(3) The ACMA must give a copy of the revocation to:
(a) the licensee of the datacasting transmitter licence; and
(b) the licensee of the datacasting licence.
(4) A revocation under subclause (1) or (2) takes effect on the date
specified in the revocation.
(5) The ACMA must not revoke a nominated datacaster declaration
under subclause (1) unless the ACMA has first:
(a) given the licensee of the datacasting transmitter licence a
written notice:
(i) setting out a proposal to revoke the declaration; and
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Datacasting services Schedule 6
Nominated datacaster declarations Part 7
Clause 48
Broadcasting Services Act 1992 221
(ii) inviting the licensee to make a submission to the
ACMA on the proposal; and
(b) given the licensee of the datacasting licence a written notice:
(i) setting out a proposal to revoke the declaration; and
(ii) inviting the licensee to make a submission to the
ACMA on the proposal; and
(c) considered any submission that was received under
paragraph (a) or (b) within the time limit specified in the
notice concerned.
(6) A time limit specified in a notice under subclause (5) must run for
at least 7 days.
(7) A person must not enter into a contract or arrangement under
which the person or another person is:
(a) prevented from giving a notice under subclause (2); or
(b) subject to any restriction in relation to the giving of a notice
under subclause (2).
(8) A contract or arrangement entered into in contravention of
subclause (7) is void.
48 Register of nominated datacaster declarations
(1) The ACMA is to maintain a register in which the ACMA includes
particulars of all nominated datacaster declarations currently in
force.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
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Schedule 6 Datacasting services
Part 8 Remedies for breaches of licensing provisions
Division 1 Providing a designated datacasting service without a licence
Clause 49
222 Broadcasting Services Act 1992
Part 8—Remedies for breaches of licensing
provisions
Division 1—Providing a designated datacasting service
without a licence
49 Prohibition on providing a designated datacasting service
without a licence
(1) A person is guilty of an offence if the person:
(a) intentionally provides a designated datacasting service; and
(b) does not have a datacasting licence to provide the service.
Penalty: 20,000 penalty units.
(2) A person who contravenes subclause (1) is guilty of a separate
offence in respect of each day (including a day of a conviction for
the offence or any later day) during which the contravention
continues.
(3) A person must not provide a designated datacasting service if the
person does not have a datacasting licence to provide that service.
(4) Subclause (3) is a civil penalty provision.
(5) A person who contravenes subclause (3) commits a separate
contravention of that subclause in respect of each day (including a
day of the making of a relevant civil penalty order or any
subsequent day) during which the contravention continues.
Note 1: For exemptions for broadcasters, see clause 51.
Note 2: For exemptions for designated teletext services, see clause 51A.
50 Remedial directions—unlicensed datacasting services
(1) If the ACMA is satisfied that a person has breached, or is
breaching, subclause 49(3), the ACMA may, by written notice
given to the person, direct the person to take action directed
towards ensuring that the person does not breach that subclause, or
is unlikely to breach that subclause, in the future.
Note 1: For exemptions for broadcasters, see clause 51.
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Datacasting services Schedule 6
Remedies for breaches of licensing provisions Part 8
Providing a designated datacasting service without a licence Division 1
Clause 51
Broadcasting Services Act 1992 223
Note 2: For exemptions for designated teletext services, see clause 51A.
Offence
(2) A person commits an offence if:
(a) the person has been given a notice under subclause (1); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes a requirement in the notice.
Penalty: 20,000 penalty units.
(3) A person who contravenes subclause (2) commits a separate
offence in respect of each day (including a day of a conviction for
the offence or any subsequent day) during which the contravention
continues.
Civil penalty
(4) A person must comply with a notice under subclause (1).
(5) Subclause (4) is a civil penalty provision.
(6) A person who contravenes subclause (4) commits a separate
contravention of that subclause in respect of each day (including a
day of the making of a relevant civil penalty order or any
subsequent day) during which the contravention continues.
Definition
(7) In this clause:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
51 Exemption for broadcasting licensees etc.
(1) Clauses 49 and 50 do not apply to the provision of a broadcasting
service under, and in accordance with the conditions of:
(a) a licence allocated by the ACMA under this Act (other than
this Schedule); or
(b) a class licence.
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Schedule 6 Datacasting services
Part 8 Remedies for breaches of licensing provisions
Division 1 Providing a designated datacasting service without a licence
Clause 51A
224 Broadcasting Services Act 1992
(2) Clauses 49 and 50 do not apply to the provision of a national
broadcasting service.
51A Exemption for designated teletext services
Clauses 49 and 50 do not apply to the provision of a designated
teletext service (within the meaning of Schedule 4).
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Datacasting services Schedule 6
Remedies for breaches of licensing provisions Part 8
Breaches of licence conditions Division 2
Clause 52
Broadcasting Services Act 1992 225
Division 2—Breaches of licence conditions
52 Offence for breach of conditions
(1) A person is guilty of an offence if:
(a) the person is a datacasting licensee; and
(b) the person intentionally engages in conduct; and
(c) the person’s conduct breaches a condition of the licence set
out in clause 14, 16, 21 or 24.
Penalty: 2,000 penalty units.
(1A) A person commits an offence if:
(a) the person is a restricted datacasting licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a condition of the licence set
out in clause 24A.
Penalty: 2,000 penalty units.
(2) A person who contravenes subclause (1) or (1A) is guilty of a
separate offence in respect of each day (including a day of a
conviction for the offence or any later day) during which the
contravention continues.
52A Civil penalty provision relating to breach of conditions of
datacasting licences
(1) A datacasting licensee must not breach a condition of the licence
set out in clause 14, 16, 21 or 24.
(1A) A restricted datacasting licensee must not breach a condition of the
licence set out in clause 24A.
(2) Subclauses (1) and (1A) are civil penalty provisions.
(3) A person who contravenes subclause (1) or (1A) commits a
separate contravention of that subclause in respect of each day
(including a day of the making of a relevant civil penalty order or
any subsequent day) during which the contravention continues.
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Schedule 6 Datacasting services
Part 8 Remedies for breaches of licensing provisions
Division 2 Breaches of licence conditions
Clause 53
226 Broadcasting Services Act 1992
53 Remedial directions—breach of conditions
(1) If a datacasting licensee has breached, or is breaching, a condition
of the licence (other than the condition set out in clause 25), the
ACMA may, by written notice given to the licensee, direct the
licensee to take action directed towards ensuring that the licensee
does not breach the condition, or is unlikely to breach the
condition, in the future.
(2) The following are examples of the kinds of direction that may be
given to a licensee under subclause (1):
(a) a direction that the licensee implement effective
administrative systems for monitoring compliance with a
condition of the licence;
(b) a direction that the licensee implement a system designed to
give the licensee’s employees, agents and contractors a
reasonable knowledge and understanding of the requirements
of a condition of the licence, in so far as those requirements
affect the employees, agents or contractors concerned.
(3) A person is not required to comply with a notice under
subclause (1) until the end of the period specified in the notice.
That period must be reasonable.
(4) A person is guilty of an offence if:
(a) a person has been given a notice under subclause (1); and
(b) the person intentionally engages in conduct; and
(c) the person’s conduct contravenes a requirement in the notice.
Penalty: 20,000 penalty units.
(5) A person who contravenes subclause (4) is guilty of a separate
offence in respect of each day (including a day of a conviction for
the offence or any later day) during which the contravention
continues.
(6) A person must comply with a notice under subclause (1).
(7) Subclause (6) is a civil penalty provision.
(8) A person who contravenes subclause (6) commits a separate
contravention of that subclause in respect of each day (including a
day of the making of a relevant civil penalty order or any
subsequent day) during which the contravention continues.
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Datacasting services Schedule 6
Remedies for breaches of licensing provisions Part 8
Breaches of licence conditions Division 2
Clause 54
Broadcasting Services Act 1992 227
54 Suspension and cancellation
(1) If a person who is a datacasting licensee:
(a) fails to comply with a notice under clause 53; or
(b) breaches a condition of the licence;
the ACMA may, by written notice given to the person:
(c) suspend the licence for such period, not exceeding 3 months,
as is specified in the notice; or
(d) cancel the licence.
(2) If a datacasting licence is suspended because of a breach of a
condition set out in clause 14, 16 or 21, the ACMA may take such
action, by way of suspending one or more datacasting licences held
by:
(a) the licensee; or
(b) a related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same, or a
substantially similar, datacasting service is not transmitted by the
licensee or the related body corporate, as the case may be, during
the period of suspension.
(2A) If a restricted datacasting licence is suspended because of a breach
of a condition set out in clause 24A, the ACMA may take such
action, by way of suspending one or more restricted datacasting
licences held by:
(a) the licensee; or
(b) a related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same, or a
substantially similar, restricted datacasting service is not provided
by the licensee or the related body corporate, as the case may be,
during the period of suspension.
(3) If a datacasting licence is cancelled because of a breach of a
condition set out in clause 14, 16 or 21, the ACMA may take such
action, by way of cancelling one or more datacasting licences held
by:
(a) the licensee; or
(b) a related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same, or a
substantially similar, datacasting service is not transmitted by the
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Schedule 6 Datacasting services
Part 8 Remedies for breaches of licensing provisions
Division 2 Breaches of licence conditions
Clause 55
228 Broadcasting Services Act 1992
licensee or the related body corporate, as the case may be, at a time
after the cancellation.
(3A) If a restricted datacasting licence is cancelled because of a breach
of a condition set out in clause 24A, the ACMA may take such
action, by way of cancelling one or more restricted datacasting
licences held by:
(a) the licensee; or
(b) a related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same, or a
substantially similar, restricted datacasting service is not provided
by the licensee or the related body corporate, as the case may be, at
a time after the cancellation.
(4) If the ACMA proposes to take action against a person under
subclause (1), (2), (2A), (3) or (3A), the ACMA must give to the
person:
(a) written notice of its intention; and
(b) a reasonable opportunity to make representations to the
ACMA in relation to the proposed action.
55 Injunctions
Restraining injunctions
(1) If a person who is a datacasting licensee has engaged, is engaging
or is proposing to engage, in any conduct in contravention of a
condition of the licence (other than a condition set out in
clause 25), the Federal Court may, on the application of the
ACMA, grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the court’s opinion, it is desirable to do so—requiring
the person to do something.
(2) If a person has engaged, is engaging or is proposing to engage, in
any conduct in contravention of clause 49, the Federal Court may,
on the application of the ACMA, grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the court’s opinion, it is desirable to do so—requiring
the person to do something.
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Datacasting services Schedule 6
Remedies for breaches of licensing provisions Part 8
Breaches of licence conditions Division 2
Clause 56
Broadcasting Services Act 1992 229
Performance injunctions
(3) If:
(a) a person who is a datacasting licensee has refused or failed,
or is refusing or failing, or is proposing to refuse or fail, to do
an act or thing; and
(b) the refusal or failure was, is or would be a contravention of a
condition of the licence (other than a condition set out in
clause 25);
the Federal Court may, on the application of the ACMA, grant an
injunction requiring the person to do that act or thing.
56 Federal Court’s powers relating to injunctions
Grant of interim injunction
(1) If an application is made to the Federal Court for an injunction
under clause 55, the court may, before considering the application,
grant an interim injunction restraining a person from engaging in
conduct of a kind referred to in that clause.
No undertakings as to damages
(2) The Federal Court is not to require an applicant for an injunction
under clause 55, as a condition of granting an interim injunction, to
give any undertakings as to damages.
Discharge etc. of injunctions
(3) The Federal Court may discharge or vary an injunction granted
under clause 55.
Certain limits on granting injunctions do not apply
(4) The power of the Federal Court under clause 55 to grant an
injunction restraining a person from engaging in conduct of a
particular kind may be exercised:
(a) if the court is satisfied that the person has engaged in conduct
of that kind—whether or not it appears to the court that the
person intends to engage again, or to continue to engage, in
conduct of that kind; or
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Schedule 6 Datacasting services
Part 8 Remedies for breaches of licensing provisions
Division 2 Breaches of licence conditions
Clause 57
230 Broadcasting Services Act 1992
(b) if it appears to the court that, if an injunction is not granted, it
is likely that the person will engage in conduct of that kind—
whether or not the person has previously engaged in conduct
of that kind and whether or not there is an imminent danger
of substantial damage to any person if the person engages in
conduct of that kind.
(5) The power of the Federal Court under clause 55 to grant an
injunction requiring a person to do an act or thing may be
exercised:
(a) if the court is satisfied that the person has refused or failed to
do that act or thing—whether or not it appears to the court
that the person intends to refuse or fail again, or to continue
to refuse or fail, to do that act or thing; or
(b) if it appears to the court that, if an injunction is not granted, it
is likely that the person will refuse or fail to do that act or
thing—whether or not the person has previously refused or
failed to do that act or thing and whether or not there is an
imminent danger of substantial damage to any person if the
person refuses or fails to do that act or thing.
Other powers of the court unaffected
(6) The powers conferred on the Federal Court under clause 55 are in
addition to, and not instead of, any other powers of the court,
whether conferred by this Act or otherwise.
57 Stay of proceedings relating to additional licence conditions,
remedial directions and suspension/cancellation decisions
(1) For the purposes of this clause, an eligible decision is:
(a) a decision under clause 26 to impose or vary a condition of a
datacasting licence; or
(b) a decision to give a direction under clause 53 (which deals
with remedial directions); or
(c) a decision to suspend or cancel a datacasting licence under
clause 54.
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Datacasting services Schedule 6
Remedies for breaches of licensing provisions Part 8
Breaches of licence conditions Division 2
Clause 57
Broadcasting Services Act 1992 231
(2) An order must not be made under paragraph 15(1)(a) or 15A(1)(a)
of the Administrative Decisions (Judicial Review) Act 1977 in
relation to an eligible decision if:
(a) the order has the effect of suspending the operation of the
eligible decision for more than 3 months; or
(b) the order and any previous order or orders made under the
paragraph concerned have the combined effect of suspending
the operation of the eligible decision for more than 3 months.
(3) An order must not be made under paragraph 15(1)(b) or 15A(1)(b)
of the Administrative Decisions (Judicial Review) Act 1977 in
relation to an eligible decision if:
(a) the order has the effect of staying particular proceedings
under the eligible decision for more than 3 months; or
(b) the order and any previous order or orders made under the
paragraph concerned have the combined effect of staying
particular proceedings under the eligible decision for more
than 3 months.
(4) If:
(a) a person applies to the Federal Court under
subsection 39B(1) of the Judiciary Act 1903 for a writ or
injunction in relation to an eligible decision; and
(b) an order could be made staying, or otherwise affecting the
operation or implementation of, the eligible decision pending
the finalisation of the application;
such an order must not be made if:
(c) the order has the effect of staying, or otherwise affecting the
operation or implementation of, the eligible decision for
more than 3 months; or
(d) the order and any previous order or orders covered by
paragraph (b) have the combined effect of staying, or
otherwise affecting the operation or implementation of, the
eligible decision for more than 3 months.
(5) If:
(a) a person applies to the Administrative Appeals Tribunal for
review of an eligible decision; and
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Schedule 6 Datacasting services
Part 8 Remedies for breaches of licensing provisions
Division 2 Breaches of licence conditions
Clause 57
232 Broadcasting Services Act 1992
(b) an order could be made under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975 staying, or
otherwise affecting the operation or implementation of, the
eligible decision;
such an order must not be made if:
(c) the order has the effect of staying, or otherwise affecting the
operation or implementation of, the eligible decision for
more than 3 months; or
(d) the order and any previous order or orders covered by
paragraph (b) have the combined effect of staying, or
otherwise affecting the operation or implementation of, the
eligible decision for more than 3 months.
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Datacasting services Schedule 6
Review of decisions Part 9
Clause 58
Broadcasting Services Act 1992 233
Part 9—Review of decisions
58 Review by the Administrative Appeals Tribunal
An application may be made to the Administrative Appeals
Tribunal for a review of a decision set out in the second column of
the table made under the provision of this Schedule set out in the
third column, but such an application may only be made by the
person described in the fourth column.
Reviewable decisions
Item Decision Provision Person who
may apply
1 refusal to allocate datacasting
licence
clause 7 or 8 the applicant
2 that a person is not a suitable
applicant
subclause 9(1) the person
2A that an internet carriage service is a
declared internet carriage service
subclause 23B(1) the licensee
3 that a person is not a suitable
licensee
subclause 25(3) the licensee
4 Variation of datacasting licence
conditions or imposition of new
conditions
subclause 26(1) the licensee
4A refusal to make an exemption order clause 27B the licensee
5 refusal to include a code of practice
in the Register
subclause 28(6) the relevant
industry group
6 refusal to make a nominated
datacaster declaration
clause 45 the licensee of
the datacasting
transmitter
licence or the
licensee of the
datacasting
licence
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Schedule 6 Datacasting services
Part 9 Review of decisions
Clause 59
234 Broadcasting Services Act 1992
Reviewable decisions
Item Decision Provision Person who
may apply
7 revocation of a nominated
datacaster declaration
clause 47 the licensee of
the datacasting
transmitter
licence or the
licensee of the
datacasting
licence
8 to give or vary, or to refuse to
revoke, a direction
clause 53 the licensee
9 suspension or cancellation of
datacasting licence
clause 54 the licensee
59 Notification of decisions to include notification of reasons and
appeal rights
If the ACMA makes a decision that is reviewable under clause 58,
the ACMA is to include in the document by which the decision is
notified:
(a) a statement setting out the reasons for the decision; and
(b) a statement to the effect that an application may be made to
the Administrative Appeals Tribunal for a review of the
decision.
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Content services Schedule 7
Introduction Part 1
Clause 1
Broadcasting Services Act 1992 235
Schedule 7—Content services Note: See section 216D.
Part 1—Introduction
1 Simplified outline
The following is a simplified outline of this Schedule:
• A person may make a complaint to the ACMA about
prohibited content, or potential prohibited content, in relation
to certain services.
• The ACMA may take the following action to deal with
prohibited content or potential prohibited content:
(a) in the case of a hosting service—issue a take-down
notice;
(b) in the case of a live content service—issue a
service-cessation notice;
(c) in the case of a links service—issue a link-deletion
notice.
• Content (other than an eligible electronic publication) is
prohibited content if:
(a) the content has been classified RC or X 18+ by the
Classification Board; or
(b) the content has been classified R 18+ by the
Classification Board and access to the content is
not subject to a restricted access system; or
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Schedule 7 Content services
Part 1 Introduction
Clause 1
236 Broadcasting Services Act 1992
(c) the content has been classified MA 15+ by the
Classification Board, access to the content is not
subject to a restricted access system, the content
does not consist of text and/or one or more still
visual images, and the content is provided by a
commercial service (other than a news service or a
current affairs service); or
(d) the content has been classified MA 15+ by the
Classification Board, access to the content is not
subject to a restricted access system, and the
content is provided by a mobile premium service.
• Content that consists of an eligible electronic publication is
prohibited content if the content has been classified RC,
category 2 restricted or category 1 restricted by the
Classification Board.
• Generally, content is potential prohibited content if the
content has not been classified by the Classification Board,
but if it were to be classified, there is a substantial likelihood
that the content would be prohibited content.
• Bodies and associations that represent sections of the content
industry may develop industry codes.
• The ACMA has a reserve power to make an industry standard
if there are no industry codes or if an industry code is
deficient.
• The ACMA may make determinations regulating certain
content service providers and hosting service providers.
Note: The classification of an eligible electronic publication is the same as
the classification of the corresponding print publication—see
clause 24.
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Content services Schedule 7
Introduction Part 1
Clause 2
Broadcasting Services Act 1992 237
2 Definitions
In this Schedule:
access includes:
(a) access that is subject to a pre-condition (for example, the use
of a password); and
(b) access by way of push technology; and
(c) access by way of a standing request.
access-control system, in relation to content, means a system under
which:
(a) persons seeking access to the content have been issued with a
Personal Identification Number that provides a means of
limiting access by other persons to the content; or
(b) persons seeking access to the content have been provided
with some other means of limiting access by other persons to
the content.
adult means an individual who is 18 or older.
adult chat service means a chat service where, having regard to
any or all of the following:
(a) the name of the chat service;
(b) the way in which the chat service is advertised or promoted;
(c) the reputation of the chat service;
it would be concluded that the majority of the content accessed by
end-users of the chat service is reasonably likely to be prohibited
content or potential prohibited content.
ancillary subscription television content service has the meaning
given by clause 9A.
Australia, when used in a geographical sense, includes all the
external Territories.
Australian connection has the meaning given by clause 3.
Australian police force means:
(a) the Australian Federal Police; or
(b) the police force of a State or Territory.
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Schedule 7 Content services
Part 1 Introduction
Clause 2
238 Broadcasting Services Act 1992
carriage service has the same meaning as in the
Telecommunications Act 1997.
carriage service intermediary has the same meaning as in the
Telecommunications Act 1997.
carriage service provider has the same meaning as in the
Telecommunications Act 1997.
child means an individual who has not reached 18 years.
civil proceeding includes a civil action.
classification application means an application under clause 22.
Classification Board means the Classification Board established
by the Classification (Publications, Films and Computer Games)
Act 1995.
Classification Review Board means the Classification Review
Board established by the Classification (Publications, Films and
Computer Games) Act 1995.
classified means classified under this Schedule.
commercial content service means a content service that:
(a) is operated for profit or as part of a profit-making enterprise;
and
(b) is provided to the public but only on payment of a fee
(whether periodical or otherwise).
commercial content service provider means a person who provides
a commercial content service.
Note: See clause 5.
computer game has the same meaning as in the Classification
(Publications, Films and Computer Games) Act 1995.
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
(d) whether in the form of visual images (animated or
otherwise); or
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Content services Schedule 7
Introduction Part 1
Clause 2
Broadcasting Services Act 1992 239
(e) whether in any other form; or
(f) whether in any combination of forms.
content 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 a carriage service; or
(b) a service that allows end-users to access content using a
carriage service;
but does not include:
(c) a licensed broadcasting service; or
(d) a national broadcasting service; or
(e) a re-transmitted broadcasting service; or
(f) a licensed datacasting service; or
(g) a re-transmitted datacasting service; or
(h) an exempt Parliamentary content service; or
(i) an exempt court/tribunal content service; or
(j) an exempt official-inquiry content service; or
(k) an exempt point-to-point content service; or
(l) an exempt internet directory service; or
(m) an exempt internet search engine service; or
(n) a service that enables end-users to communicate, by means of
voice calls, with other end-users; or
(o) a service that enables end-users to communicate, by means of
video calls, with other end-users; or
(p) a service that enables end-users to communicate, by means of
email, with other end-users; or
(q) an instant messaging service that:
(i) enables end-users to communicate with other end-users;
and
(ii) is not an adult chat service; or
(r) an SMS service that:
(i) enables end-users to communicate with other end-users;
and
(ii) is not an adult chat service; or
(s) an MMS service that:
(i) enables end-users to communicate with other end-users;
and
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240 Broadcasting Services Act 1992
(ii) is not an adult chat service; or
(t) a service that delivers content by fax; or
(u) an exempt data storage service; or
(v) an exempt back-up service; or
(x) a service specified in the regulations.
Note 1: SMS is short for short message service.
Note 2: MMS is short for multimedia message service.
Note 3: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
content service provider means a person who provides a content
service.
Note: See clause 5.
corresponding print publication, in relation to an eligible
electronic publication, has the meaning given by clause 11.
court/tribunal proceedings means words spoken and acts done in
the course of, or for purposes of or incidental to, the transacting of
the business of a court or a tribunal, and includes:
(a) evidence given before the court or tribunal; and
(b) a document presented or submitted to the court or tribunal;
and
(c) a document issued or published by, or with the authority of,
the court or tribunal.
data storage device means any article or material (for example, a
disk) from which information is capable of being reproduced, with
or without the aid of any other article or device.
designated content/hosting service means:
(a) a hosting service; or
(b) a live content service; or
(c) a links service; or
(d) a commercial content service.
designated content/hosting service provider means a person who
provides a designated content/hosting service.
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designated content/hosting service provider rule means:
(a) a provision declared by this Schedule to be a designated
content/hosting service provider rule; or
(b) each of the rules (if any) set out in a designated
content/hosting service provider determination in force under
clause 104.
eligible electronic publication has the meaning given by clause 11.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
evidential burden, in relation to a matter, means the burden of
adducing or pointing to evidence that suggests a reasonable
possibility that the matter exists or does not exist.
exempt back-up service means a back-up service, where each
end-user’s access is restricted to the end-user’s backed-up content.
exempt court/tribunal content service means a service to the
extent to which it delivers, or provides access to, content that
consists of court/tribunal proceedings.
exempt data storage service means a data storage service, where
each end-user’s access is restricted to the end-user’s stored content.
exempt internet directory service means an internet directory
service that:
(a) does not specialise in providing links to, or information
about, websites that specialise in prohibited content or
potential prohibited content; and
(b) is not a service specified in the regulations; and
(c) complies with such other requirements (if any) as are
specified in the regulations.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
exempt internet search engine service means an internet search
engine service that:
(a) does not specialise in providing links to, or information
about, websites that specialise in prohibited content or
potential prohibited content; and
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242 Broadcasting Services Act 1992
(b) is not a service specified in the regulations; and
(c) complies with such other requirements (if any) as are
specified in the regulations.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
exempt official-inquiry content service means a service to the
extent to which it delivers, or provides access to, content that
consists of official-inquiry proceedings.
exempt Parliamentary content service means a service to the
extent to which it delivers, or provides access to, content that
consists of Parliamentary proceedings.
exempt point-to-point content service means a service that:
(a) delivers content by:
(i) email; or
(ii) instant messaging; or
(iii) SMS; or
(iv) MMS;
where the content is produced or packaged by the provider of
the service; and
(b) does not specialise in content that is prohibited content or
potential prohibited content; and
(c) is not an adult chat service; and
(d) is not provided on payment of a fee (whether periodical or
otherwise); and
(e) is not a service specified in the regulations; and
(f) complies with such other requirements (if any) as are
specified in the regulations.
Note 1: SMS is short for short message service.
Note 2: MMS is short for multimedia message service.
Note 3: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
film has the same meaning as in the Classification (Publications,
Films and Computer Games) Act 1995, but does not include a form
of recording from which an eligible electronic publication can be
produced.
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Clause 2
Broadcasting Services Act 1992 243
Note: Film is defined broadly in that Act, and includes any form of
recording from which a visual image can be produced.
final link-deletion notice means a notice under paragraph 62(1)(d),
(e) or (f) or (4)(b), (c) or (d) of this Schedule.
final service-cessation notice means a notice under
paragraph 56(1)(c) or (d) or (4)(b) or (c) of this Schedule.
final take-down notice means a notice under paragraph 47(1)(c),
(d) or (e) or (4)(b), (c) or (d) of this Schedule.
hosting service has the meaning given by clause 4.
hosting service provider means a person who provides a hosting
service.
immediate circle has the same meaning as in the
Telecommunications Act 1997.
interim link-deletion notice means a notice under
paragraph 62(2)(c) or (3)(d) of this Schedule.
interim service-cessation notice means a notice under
paragraph 56(2)(d) or (3)(d) of this Schedule.
interim take-down notice means a notice under paragraph 47(2)(c)
or (3)(d) of this Schedule.
internet carriage service has the same meaning as in Schedule 5.
internet content has the same meaning as in Schedule 5.
licensed broadcasting service means a broadcasting service
provided in accordance with:
(a) a licence allocated by the ACMA under this Act; or
(b) a class licence determined by the ACMA under this Act.
licensed datacasting service means a datacasting service provided
by the holder of a datacasting licence that authorises the provision
of that service.
links service means a content service that:
(a) provides one or more links to content; and
(b) is provided to the public (whether on payment of a fee or
otherwise)
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244 Broadcasting Services Act 1992
links service provider means a person who provides a links
service.
Note: See clause 5.
live content does not include stored content.
live content service means a content service that:
(a) provides live content; and
(b) is provided to the public (whether on payment of a fee or
otherwise)
live content service provider means a person who provides a live
content service.
Note: See clause 5.
MA 15+ content has the meaning given by clause 15.
mobile carriage service provider means:
(a) a carriage service provider who supplies a public mobile
telecommunications service; or
(b) a carriage service intermediary who arranges for the supply
by a carriage service provider of a public mobile
telecommunications service.
mobile premium service means a commercial content service
where:
(a) a charge for the supply of the commercial content service is
expected to be included in a bill sent by or on behalf of a
mobile carriage service provider to the relevant customer; or
(b) a charge for the supply of the commercial content service is
payable:
(i) in advance; or
(ii) in any other manner;
by the relevant customer to a mobile carriage service
provider or a person acting on behalf of a mobile carriage
service provider.
official-inquiry proceedings means words spoken and acts done in
the course of, or for purposes of or incidental to, the transacting of
the business of:
(a) a Royal Commission; or
(b) an official inquiry;
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Introduction Part 1
Clause 2
Broadcasting Services Act 1992 245
and includes:
(c) evidence given before the Royal Commission or official
inquiry; and
(d) a document presented or submitted to the Royal Commission
or official inquiry; and
(e) a document issued or published by, or with the authority of,
the Royal Commission or official inquiry.
Parliamentary proceedings means words spoken and acts done in
the course of, or for purposes of or incidental to, the transacting of
the business of:
(a) a Parliament; or
(b) a legislature; or
(c) a committee of a Parliament or legislature;
and includes:
(d) evidence given before the Parliament, legislature or
committee; and
(e) a document presented or submitted to the Parliament,
legislature or committee; and
(f) a document issued or published by, or with the authority of,
the Parliament, legislature or committee.
potential prohibited content has the meaning given by clause 21.
prohibited content has the meaning given by clause 20.
provided by a content service has the meaning given by clause 6.
provided to the public, in relation to a content service, has the
meaning given by clause 7.
public mobile telecommunications service has the same meaning
as in the Telecommunications Act 1997.
R 18+ content has the meaning given by clause 15.
restricted access system has the meaning given by clause 14.
re-transmitted broadcasting service has the meaning given by
clause 12.
re-transmitted datacasting service has the meaning given by
clause 13.
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Clause 3
246 Broadcasting Services Act 1992
service includes a website or a distinct part of a website.
special link-deletion notice means a notice under clause 67.
special service-cessation notice means a notice under clause 59A.
special take-down notice means a notice under clause 52.
stored content means content kept on a data storage device. For
this purpose, disregard any storage of content on a highly transitory
basis as an integral function of the technology used in its
transmission.
Note: Momentary buffering (including momentary storage in a router in
order to resolve a path for further transmission) is an example of
storage on a highly transitory basis.
trained content assessor has the meaning given by clause 18.
voice call includes:
(a) if a voice call is not practical for a particular end-user with a
disability—a call that is equivalent to a voice call; and
(b) a call that involves a recorded or synthetic voice.
3 Australian connection
Content service
(1) For the purposes of this Schedule, a content service has an
Australian connection if, and only if:
(a) any of the content provided by the content service is hosted
in Australia; or
(b) in the case of a live content service—the live content service
is provided from Australia.
Note: A link is an example of content. If a link provided by a content service
is hosted in Australia, the content service will have an Australian
connection (see paragraph (a)).
Hosting service
(2) For the purposes of this Schedule, a hosting service has an
Australian connection if, and only if, any of the content hosted by
the hosting service is hosted in Australia.
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Clause 4
Broadcasting Services Act 1992 247
4 Hosting service
For the purposes of this Schedule, if:
(a) a person (the first person) hosts stored content; and
(b) the hosted content does not consist of:
(i) voicemail messages; or
(ii) video mail messages; or
(iii) email messages; or
(iv) SMS messages; or
(v) MMS messages; or
(vi) messages specified in the regulations; and
(c) the first person or another person provides a content service
that:
(i) provides the hosted content; and
(ii) is provided to the public (whether on payment of a fee
or otherwise);
the hosting of the stored content by the first person is taken to be
the provision by the first person of a hosting service to the public.
Note 1: SMS is short for short message service.
Note 2: MMS is short for multimedia message service.
Note 3: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
5 Content service provider
(1) For the purposes of this Schedule, a person does not provide a
content service merely because the person supplies a carriage
service that enables content to be delivered or accessed.
(2) For the purposes of this Schedule, a person does not provide a
content service merely because the person provides a billing
service, or a fee collection service, in relation to a content service.
6 When content is provided by a content service
For the purposes of this Schedule, content is provided by a content
service if the content is delivered by, or accessible to end-users
using, the content service.
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248 Broadcasting Services Act 1992
7 When content service is provided to the public etc.
(1) For the purposes of this Schedule, a content service is provided to
the public if, and only if, the service is provided to at least one
person outside the immediate circle of the person who provides the
service.
(2) For the purposes of this Schedule, a content service that is provided
to the public is taken to be different from a content service that is
not provided to the public, even if the content provided by the
services is identical.
8 Links to content
For the purposes of this Schedule, if:
(a) a content service (the first content service) provides a link to
another content service; and
(b) the other content service specialises in prohibited content or
potential prohibited content; and
(c) the other content service provides particular content;
then:
(d) end-users of the first content service are taken to be able to
access the content mentioned in paragraph (c) using that link;
and
(e) that link is taken to be a link to the content mentioned in
paragraph (c).
9 Services supplied by way of a voice call or video call
If a service is supplied by way of:
(a) a voice call made using a carriage service; or
(b) a video call made using a carriage service;
the service is taken, for the purposes of this Schedule, to be a
content service that allows end-users to access the relevant content
using the carriage service.
9A Ancillary subscription television content service
(1) For the purposes of this Schedule, an ancillary subscription
television content service is a service that:
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Introduction Part 1
Clause 10
Broadcasting Services Act 1992 249
(a) delivers content by way of television programs to persons
having equipment appropriate for receiving that content,
where:
(i) those television programs are stored on the equipment
(whether temporarily or otherwise); and
(ii) the equipment is also capable of receiving one or more
subscription television broadcasting services provided
in accordance with a licence allocated by the ACMA
under this Act; and
(iii) those television programs are delivered to a subscriber
to such a subscription television broadcasting service
under a contract with the relevant subscription
television broadcasting licensee; and
(b) complies with such other requirements (if any) as are
specified in the regulations.
(2) For the purposes of subsection (1), it is immaterial whether the
equipment is capable of receiving:
(a) content by way of television programs; or
(b) subscription television broadcasting services;
when used:
(c) in isolation; or
(d) in conjunction with any other equipment.
10 Classification of live content etc.
Recordings of live content
(1) If there is a recording of live content, the recording is taken, for the
purposes of classifying the live content under this Schedule, to be
the content.
Short duration segments
(2) If, on a particular day, live content has a duration of more than:
(a) 60 minutes; or
(b) if another number of minutes is specified in the regulations—
that other number of minutes;
each short duration segment of the content provided on that day is
taken, for the purposes of:
(c) classifying the content under this Schedule; and
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Clause 11
250 Broadcasting Services Act 1992
(d) Part 3 of this Schedule; and
(e) paragraph 81(1)(e) of this Schedule;
to be different live content from each other short duration segment
provided on that day.
(3) For the purposes of this clause, a short duration segment of live
content is a segment that has a duration of:
(a) 60 minutes; or
(b) if another number of minutes is specified in the regulations—
that other number of minutes.
(4) For the purposes of this clause, it is immaterial when a short
duration segment begins.
(5) For the purposes of this clause, it is immaterial whether short
duration segments overlap.
(6) Regulations made for the purposes of paragraph (2)(b) or (3)(b)
may make different provision with respect to different kinds of live
content.
(7) Subclause (6) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
11 Eligible electronic publication
For the purposes of this Schedule, 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;
then:
(c) the content is an eligible electronic publication; and
(d) the print edition of the book, magazine or newspaper is the
corresponding print publication in relation to the eligible
electronic publication.
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Introduction Part 1
Clause 12
Broadcasting Services Act 1992 251
12 Re-transmitted broadcasting services
(1) For the purposes of this Schedule, a service is a re-transmitted
broadcasting service if the service does no more than:
(a) re-transmit programs that have been previously transmitted
by a licensed broadcasting service; or
(b) re-transmit programs that have been previously transmitted
by a national broadcasting service.
(2) In determining whether a service is a re-transmitted broadcasting
service:
(a) ignore any changes to the format in which the programs are
transmitted; and
(b) ignore any advertising or sponsorship matter; and
(c) ignore such other matters (if any) as are specified in the
regulations.
13 Re-transmitted datacasting services
(1) For the purposes of this Schedule, a service is a re-transmitted
datacasting service if the service does no more than re-transmit
datacasting content that has been previously transmitted by a
licensed datacasting service.
(2) In determining whether a service is a re-transmitted datacasting
service:
(a) ignore any changes to the format in which the datacasting
content is transmitted; and
(b) ignore any advertising or sponsorship matter; and
(c) ignore such other matters (if any) as are specified in the
regulations.
14 Restricted access system
(1) The ACMA may, by legislative instrument, declare that a specified
access-control system is a restricted access system in relation to
content for the purposes of this Schedule. A declaration under this
subclause has effect accordingly.
Note: For specification by class, see subsection 13(3) of the Legislative
Instruments Act 2003.
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Clause 15
252 Broadcasting Services Act 1992
(2) An instrument under subclause (1) may make different provision
with respect to:
(a) R 18+ content; and
(b) MA 15+ content.
(3) Subclause (2) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
(4) In making an instrument under subclause (1), the ACMA must
have regard to:
(a) the objective of protecting children from exposure to content
that is unsuitable for children; and
(b) the objective of protecting children who have not reached 15
years from exposure to content that is unsuitable for children
who have not reached 15 years; and
(c) such other matters (if any) as the ACMA considers relevant.
(5) The ACMA must ensure that an instrument under subclause (1) is
in force at all times after the commencement of this Schedule.
15 R 18+ content and MA 15+ content
R 18+ content
(1) For the purposes of this Schedule, R 18+ content is:
(a) content (other than content that consists of an eligible
electronic publication) that has been classified R 18+ by the
Classification Board; or
(b) content (other than content that consists of an eligible
electronic publication) where the following conditions are
satisfied:
(i) the content has not been classified R 18+ by the
Classification Board;
(ii) if the content were to be classified by the Classification
Board, there is a substantial likelihood that the content
would be classified R 18+ by the Classification Board.
MA 15+ content
(2) For the purposes of this Schedule, MA 15+ content is:
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Clause 16
Broadcasting Services Act 1992 253
(a) content (other than content that consists of an eligible
electronic publication) that has been classified MA 15+ by
the Classification Board; or
(b) content (other than content that consists of an eligible
electronic publication) where the following conditions are
satisfied:
(i) the content has not been classified MA 15+ by the
Classification Board;
(ii) if the content were to be classified by the Classification
Board, there is a substantial likelihood that the content
would be classified MA 15+ by the Classification
Board.
Classification Board authorised to classify content
(3) For the purposes of this clause, it is to be assumed that this
Schedule authorised the Classification Board to classify the
content.
16 Content that consists of a film
For the purposes of this Schedule, in determining whether content
consists of the entire unmodified contents of a film, disregard any
differences between:
(a) the technique used to embody sounds and/or visual images in
the film; and
(b) the technique used to embody the sounds and/or visual
images in a form in which they can be delivered by means of,
or accessed using, the carriage service concerned.
17 Extended meaning of use
Unless the contrary intention appears, a reference in this Schedule
to the use of a thing is a reference to the use of the thing either:
(a) in isolation; or
(b) in conjunction with one or more other things.
18 Trained content assessor
(1) For the purposes of this Schedule, an individual is a trained
content assessor if:
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Clause 19
254 Broadcasting Services Act 1992
(a) the individual has, at any time during the preceding 12
months, completed training in:
(i) the making of assessments of the kinds referred to in
paragraphs 81(1)(d) and (f) of this Schedule; and
(ii) giving advice of the kind referred to in
subparagraph 81(1)(e)(ii) of this Schedule; and
(b) the training was approved by the Director of the
Classification Board under subclause (2) of this clause.
(2) For the purposes of paragraph (1)(b), the Director of the
Classification Board may, by writing, approve specified training.
(3) An approval under subclause (2) is not a legislative instrument.
19 Extra-territorial application
(1) Unless the contrary intention appears, this Schedule extends to
acts, omissions, matters and things outside Australia.
Note: Clause 3 is an example of a contrary intention.
(2) Section 14.1 of the Criminal Code does not apply to an offence
against this Schedule.
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Content services Schedule 7
Classification of content Part 2
Prohibited content and potential prohibited content Division 1
Clause 20
Broadcasting Services Act 1992 255
Part 2—Classification of content
Division 1—Prohibited content and potential prohibited
content
20 Prohibited content
Content other than eligible electronic publications
(1) For the purposes of this Schedule, content (other than content that
consists of an eligible electronic publication) is prohibited content
if:
(a) the content has been classified RC or X 18+ by the
Classification Board; or
(b) both:
(i) the content has been classified R 18+ by the
Classification Board; and
(ii) access to the content is not subject to a restricted access
system; or
(c) all of the following conditions are satisfied:
(i) the content has been classified MA 15+ by the
Classification Board;
(ii) access to the content is not subject to a restricted access
system;
(iii) the content does not consist of text and/or one or more
still visual images;
(iv) access to the content is provided by means of a content
service (other than a news service or a current affairs
service) that is operated for profit or as part of a
profit-making enterprise;
(v) the content service is provided on payment of a fee
(whether periodical or otherwise);
(vi) the content service is not an ancillary subscription
television content service; or
(d) all of the following conditions are satisfied:
(i) the content has been classified MA 15+ by the
Classification Board;
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Division 1 Prohibited content and potential prohibited content
Clause 21
256 Broadcasting Services Act 1992
(ii) access to the content is not subject to a restricted access
system;
(iii) access to the content is provided by means of a mobile
premium service.
Eligible electronic publications
(2) For the purposes of this Schedule, content that consists of an
eligible electronic publication is prohibited content if the content
has been classified RC, category 2 restricted or category 1
restricted by the Classification Board.
Note: The classification of an eligible electronic publication is the same as
the classification of the corresponding print publication—see
clause 24.
21 Potential prohibited content
(1) For the purposes of this Schedule, content is potential prohibited
content if:
(a) the content has not been classified by the Classification
Board; and
(b) if the content were to be classified by the Classification
Board, there is a substantial likelihood that the content would
be prohibited content.
(2) However, content is not potential prohibited content if:
(a) the content consists of an eligible electronic publication; and
(b) the content has not been classified by the Classification
Board; and
(c) if the content were to be classified by the Classification
Board, there is no substantial likelihood that the content
would be classified RC or category 2 restricted.
Note: The classification of an eligible electronic publication is the same as
the classification of the corresponding print publication—see
clause 24.
(3) In determining whether particular content is potential prohibited
content, it is to be assumed that this Schedule authorised the
Classification Board to classify the content.
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Content services Schedule 7
Classification of content Part 2
Classification of content Division 2
Clause 22
Broadcasting Services Act 1992 257
Division 2—Classification of content
22 Applications for classification of content
(1) Any of the following persons may apply to the Classification
Board for classification of content under this Schedule:
(a) in the case of content that has been, or is being, hosted by a
hosting service—the hosting service provider concerned; or
(b) in the case of content that a hosting service provider is
considering whether to host—the hosting service provider; or
(c) in the case of content that has been, or is being, delivered to,
or accessed by, an end-user of a content service—the content
service provider concerned; or
(d) in the case of content that a content service provider is
considering whether to deliver to, or make available for
access by, an end-user of the content service concerned—the
content service provider; or
(e) in the case of content that has been, or can be, accessed using
a link provided by a links service—the links service provider
concerned; or
(f) in the case of content where a links service provider is
considering delivering, or making available for access, a link
that will enable end-users to access the content—the links
service provider; or
(g) in any case—the ACMA.
(2) An application must be:
(a) in writing; and
(b) made in a form approved in writing by the Director of the
Classification Board; and
(c) signed by or on behalf of the applicant; and
(d) accompanied by:
(i) the fee ascertained under clause 27; and
(ii) a copy of the content.
Note: For special rules about classification of live content, see clause 10.
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Schedule 7 Content services
Part 2 Classification of content
Division 2 Classification of content
Clause 23
258 Broadcasting Services Act 1992
23 Classification of content
If an application for classification of content is made under
clause 22, the Classification Board must:
(a) classify the content in accordance with whichever of
clauses 24 and 25 is applicable; and
(b) notify the applicant in writing of the classification of the
content.
24 Classification of content that consists of a film, a computer game
or an eligible electronic publication
Deemed classification
(1) If:
(a) content consists of:
(i) the entire unmodified contents of a film; or
(ii) a computer game; and
(b) the film or computer game has been classified under the
Classification (Publications, Films and Computer Games)
Act 1995;
the content is taken to have been classified by the Classification
Board under this Schedule in the same way as the film or the
computer game, as the case may be, was classified under that Act.
(2) If:
(a) content consists of an eligible electronic publication; and
(b) the corresponding print publication has been classified under
the Classification (Publications, Films and Computer
Games) Act 1995;
the content is taken to have been classified by the Classification
Board under this Schedule in the same way as the corresponding
print publication was classified under that Act.
Actual classification
(3) If:
(a) content consists of:
(i) the entire unmodified contents of a film; or
(ii) a computer game; and
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Content services Schedule 7
Classification of content Part 2
Classification of content Division 2
Clause 25
Broadcasting Services Act 1992 259
(b) the film or computer game has not been classified under the
Classification (Publications, Films and Computer Games)
Act 1995;
the Classification Board is to classify the content under this
Schedule in a corresponding way to the way in which the film or
computer game, as the case may be, would be classified under the
Classification (Publications, Films and Computer Games) Act
1995.
(4) If:
(a) content consists of an eligible electronic publication; and
(b) the corresponding print publication has not been classified
under the Classification (Publications, Films and Computer
Games) Act 1995;
the Classification Board is to classify the content under this
Schedule in a corresponding way to the way in which the
corresponding print publication would be classified under the
Classification (Publications, Films and Computer Games) Act
1995.
25 Classification of content that does not consist of a film, a
computer game or an eligible electronic publication
If content does not consist of:
(a) the entire unmodified contents of a film; or
(b) a computer game; or
(c) an eligible electronic publication;
the Classification Board is to classify the content under this
Schedule in a corresponding way to the way in which a film would
be classified under the Classification (Publications, Films and
Computer Games) Act 1995.
26 Deemed classification of content classified under Schedule 5
If content has been classified by the Classification Board under
Schedule 5 (otherwise than because of repealed subclause 12(1) of
that Schedule), the content is taken, for the purposes of this
Schedule, to have been classified by the Classification Board under
this Schedule in the same way as the content was classified under
Schedule 5.
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Schedule 7 Content services
Part 2 Classification of content
Division 2 Classification of content
Clause 27
260 Broadcasting Services Act 1992
27 Fees
(1) A person who makes an application under clause 22 is liable to pay
a fee.
(2) The amount of a fee payable under subclause (1) is ascertained
under whichever of subclauses (3), (4), (5) and (6) is applicable.
Films
(3) If content consists of the entire unmodified contents of a film,
regulations prescribing fees for the purposes of paragraph 14(1)(d)
of the Classification (Publications, Films and Computer Games)
Act 1995 apply, subject to such modifications (if any) as are
specified in regulations made for the purposes of this subclause, in
relation to the classification under this Schedule of the content in a
corresponding way to the way in which they apply to the
classification under that Act of the film.
Computer games
(4) If content consists of a computer game, regulations prescribing fees
for the purposes of paragraph 17(1)(d) of the Classification
(Publications, Films and Computer Games) Act 1995 apply,
subject to such modifications (if any) as are specified in regulations
made for the purposes of this subclause, in relation to the
classification under this Schedule of the content in a corresponding
way to the way in which they apply to the classification under that
Act of the computer game.
Eligible electronic publications
(5) If content consists of an eligible electronic publication, regulations
prescribing fees for the purposes of paragraph 13(1)(d) of the
Classification (Publications, Films and Computer Games) Act
1995 apply, subject to such modifications (if any) as are specified
in regulations made for the purposes of this subclause, in relation
to the classification under this Schedule of the content in a
corresponding way to the way in which they apply to the
classification under that Act of the corresponding print publication.
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Content services Schedule 7
Classification of content Part 2
Classification of content Division 2
Clause 27
Broadcasting Services Act 1992 261
Content other than films, computer games or eligible electronic
publications
(6) If content does not consist of:
(a) the entire unmodified contents of a film; or
(b) a computer game; or
(c) an eligible electronic publication;
regulations prescribing fees for the purposes of paragraph 14(1)(d)
of the Classification (Publications, Films and Computer Games)
Act 1995 apply, subject to such modifications (if any) as are
specified in regulations made for the purposes of this subclause, in
relation to the classification under this Schedule of the content in a
corresponding way to the way in which they apply to the
classification under that Act of a film.
Fees must not be such as to amount to taxation
(7) A fee under subclause (1) must not be such as to amount to
taxation.
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Schedule 7 Content services
Part 2 Classification of content
Division 3 Reclassification
Clause 28
262 Broadcasting Services Act 1992
Division 3—Reclassification
28 Reclassification of content
(1) If content has been classified by the Classification Board
(otherwise than because of subclause 24(1) or (2)):
(a) the Classification Board must not reclassify the content
within the 2-year period beginning on the day on which the
classification occurred; and
(b) after that 2-year period, the Classification Board may
reclassify the content.
(2) The Classification Board may act under paragraph (1)(b):
(a) if required to do so by:
(i) the Minister; or
(ii) the ACMA; or
(iii) if another person applied, under clause 22, for
classification of the content—the other person; or
(b) on the Classification Board’s own initiative.
(3) If the Classification Board is required to act under
paragraph (1)(b), the Classification Board must do so.
(4) If content is reclassified by the Classification Board, the
Classification Board must give written notification to the following
persons accordingly:
(a) the Minister;
(b) the ACMA;
(c) if another person applied, under clause 22, for classification
of the content—the other person.
29 Notice of intention to reclassify content
(1) If:
(a) content has been classified by the Classification Board
(otherwise than because of subclause 24(1) or (2)); and
(b) the Classification Board intends to reclassify the content;
then:
(c) the Director of the Classification Board must give notice of
that intention, inviting submissions about the matter; and
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Content services Schedule 7
Classification of content Part 2
Reclassification Division 3
Clause 29
Broadcasting Services Act 1992 263
(d) the Director of the Classification Board must cause the
contents of the notice to be published, in such manner as the
Director decides, at least 30 days before the Classification
Board proposes to consider the matter; and
(e) the Director of the Classification Board must give a copy of
the notice to:
(i) the Minister; and
(ii) the ACMA; and
(iii) if another person applied, under clause 22, for
classification of the content—the other person;
at least 30 days before the Classification Board proposes to
consider the matter.
(2) A notice under paragraph (1)(c) must specify the day on which the
Board proposes to consider the matter.
(3) The matters that the Classification Board is to take into account in
reclassifying the content include issues raised in submissions made
to the Classification Board about the matter.
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Schedule 7 Content services
Part 2 Classification of content
Division 4 Review of classification decisions
Clause 30
264 Broadcasting Services Act 1992
Division 4—Review of classification decisions
Subdivision A—Review of classification of content
30 Persons who may apply for review
(1) If content has been classified by the Classification Board
(otherwise than because of subclause 24(1) or (2)), any of the
following persons may apply to the Classification Review Board
for a review of the classification:
(a) the Minister;
(b) the ACMA;
(c) if a person other than the ACMA applied, under clause 22,
for classification of the content—the other person;
(d) a person aggrieved by the classification.
(2) Without limiting paragraph (1)(d), if the classification referred to
in that paragraph is a restricted classification, the following persons
or bodies are taken to be persons aggrieved by the classification:
(a) a person who has engaged in a series of activities relating to,
or research into, the contentious aspects of the theme or
subject matter of the content concerned;
(b) an organisation or association, whether incorporated or not,
whose objects or purposes include, and whose activities
relate to, the contentious aspects of that theme or subject
matter.
(3) However, a person or body is not aggrieved by a restricted
classification because of subclause (2) if the classification was
made before:
(a) the person engaged in a series of activities relating to, or
research into, the contentious aspects of the theme or subject
matter of the content concerned; or
(b) the organisation or association was formed, or its objects or
purposes included and its activities related to, the contentious
aspects of that theme or subject matter.
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Content services Schedule 7
Classification of content Part 2
Review of classification decisions Division 4
Clause 31
Broadcasting Services Act 1992 265
(4) In this clause:
restricted classification means:
(a) for content that does not consist of a computer game or an
eligible electronic publication—the classification MA 15+, R
18+, X 18+ or RC; or
(b) for content that consists of a computer game—the
classification MA 15+, R 18+ or RC; or
(c) for content that consists of an eligible electronic
publication—the classification category 1 restricted, category
2 restricted or Rc.
31 Applications for review
(1) An application for review of a classification must be:
(a) in writing; and
(b) made in a form approved in writing by the Convenor of the
Classification Review Board; and
(c) signed by or on behalf of the applicant; and
(d) except for an application made by the Minister—
accompanied by the fee ascertained under subclause (4).
(2) An application by the Minister or the ACMA for review of a
classification may be made at any time.
(3) Any other application for review of a classification must be made:
(a) within 30 days after the applicant is notified of the
classification; or
(b) within such longer period as the Classification Review Board
allows.
(4) If:
(a) the applicant for a review of the classification of content is
not covered by paragraph 30(1)(c); and
(b) a person other than the ACMA applied, under clause 22, for
classification of the content;
the Convenor of the Classification Review Board must notify the
person mentioned in paragraph (b), in writing, of:
(c) the application for review; and
(d) the day on which it will be considered.
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Schedule 7 Content services
Part 2 Classification of content
Division 4 Review of classification decisions
Clause 32
266 Broadcasting Services Act 1992
(5) Regulations prescribing fees for the purposes of paragraph 43(1)(d)
of the Classification (Publications, Films and Computer Games)
Act 1995 apply, subject to such modifications (if any) as are
specified in regulations made for the purposes of this subclause, to
a review of a classification under this Schedule in a corresponding
way to the way in which they apply to a review of a classification
under that Act.
(6) A fee under subclause (1) must not be such as to amount to
taxation.
32 Classification Review Board may refuse to deal with review
applications that are frivolous etc.
If the applicant for a review of the classification of content is
covered by paragraph 30(1)(d), the Classification Review Board
may refuse to deal with the application, or to deal further with the
application, if the Classification Review Board is satisfied that the
application is:
(a) frivolous; or
(b) vexatious; or
(c) not made in good faith.
33 Review
(1) For the purposes of reviewing a classification of content, the
Classification Review Board:
(a) may exercise all the powers and discretions that are conferred
on the Classification Board by this Schedule; and
(b) must make a decision in writing classifying the content.
(2) If the Classification Review Board classifies the content, this
Schedule (other than this Subdivision) and Schedule 5 have effect
as if the content had been reclassified by the Classification Board.
Subdivision B—Review of content that consists of a film or a
computer game
34 Review of classification of content that consists of a film or a
computer game
If:
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Content services Schedule 7
Classification of content Part 2
Review of classification decisions Division 4
Clause 35
Broadcasting Services Act 1992 267
(a) content consists of:
(i) the entire unmodified contents of a film; or
(ii) a computer game; and
(b) the film or computer game has been classified under the
Classification (Publications, Films and Computer Games)
Act 1995; and
(c) the decision to classify the film or computer game is
reviewed by the Classification Review Board under that Act;
and
(d) as a result of the review, the Classification Review Board
classifies the film or computer game under that Act;
this Schedule and Schedule 5 have effect as if the film or computer
game had been reclassified by the Classification Board under this
Schedule in the same way as the film or computer game was
classified under that Act by the Classification Review Board.
Subdivision C—Review of content that consists of an eligible
electronic publication
35 Review of classification of content that consists of an eligible
electronic publication
If:
(a) content consists of an eligible electronic publication; and
(b) the corresponding print publication has been classified under
the Classification (Publications, Films and Computer
Games) Act 1995; and
(c) the decision to classify the corresponding print publication is
reviewed by the Classification Review Board under that Act;
and
(d) as a result of the review, the Classification Review Board
classifies the corresponding print publication under that Act;
this Schedule and Schedule 5 have effect as if the corresponding
print publication had been reclassified by the Classification Board
under this Schedule in the same way as the corresponding print
publication was classified under that Act by the Classification
Review Board.
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Schedule 7 Content services
Part 2 Classification of content
Division 5 Miscellaneous
Clause 36
268 Broadcasting Services Act 1992
Division 5—Miscellaneous
36 Decisions of the Classification Board etc.
(1) Section 57 of the Classification (Publications, Films and Computer
Games) Act 1995 applies to the consideration by the Classification
Board of a matter arising under this Schedule in a corresponding
way to the way in which it applies to the consideration of an
application under that Act.
(2) To avoid doubt, sections 10, 19, 20, 22, 23A, 24, 25, 26, 27, 28 and
44A, and Division 6 of Part 2, of the Classification (Publications,
Films and Computer Games) Act 1995 do not apply to a
classification under this Schedule.
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Content services Schedule 7
Complaints to, and investigations by, the ACMA Part 3
Making of complaints to the ACMA Division 1
Clause 37
Broadcasting Services Act 1992 269
Part 3—Complaints to, and investigations by, the
ACMA
Division 1—Making of complaints to the ACMA
37 Complaints about prohibited content or potential prohibited
content
Complaints about access to prohibited content or potential
prohibited content
(1) If a person has reason to believe that end-users in Australia can
access prohibited content or potential prohibited content provided
by a content service, the person may make a complaint to the
ACMA about the matter.
Complaints about hosting services
(2) If a person has reason to believe that a hosting service is:
(a) hosting prohibited content; or
(b) hosting potential prohibited content;
the person may make a complaint to the ACMA about the matter.
Complaints about links services
(3) If a person has reason to believe that end-users in Australia can
access prohibited content or potential prohibited content using a
link provided by a links service, the person may make a complaint
to the ACMA about the matter.
Content of complaint
(4) A complaint under subclause (1), (2) or (3) about particular content
must:
(a) identify the content; and
(b) if the content is stored content—set out how to access the
content (for example: set out a URL, a password, or the name
of a newsgroup); and
(c) if:
(i) the content is stored content; and
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Schedule 7 Content services
Part 3 Complaints to, and investigations by, the ACMA
Division 1 Making of complaints to the ACMA
Clause 37
270 Broadcasting Services Act 1992
(ii) the complainant knows the country or countries in
which the content is hosted;
set out the name of that country or those countries; and
(d) if the content is live content—set out details of how the
content was accessed (for example: set out a URL or a
password); and
(e) if:
(i) the content is live content; and
(ii) the complainant believes that a particular incident
depicted by the live content is sufficient to characterise
the content as prohibited content or potential prohibited
content;
set out the date and approximate time when that incident
occurred; and
(f) set out the complainant’s reasons for believing that the
content is prohibited content or potential prohibited content;
and
(g) set out such other information (if any) as the ACMA
requires.
(5) The rule in paragraph (4)(b) does not apply to a complaint to the
extent (if any) to which finding out how to access the content
would cause the complainant to contravene a law of the
Commonwealth, a State or a Territory.
(6) The rule in paragraph (4)(d) does not apply to a complaint to the
extent (if any) to which finding out how the content was accessed
would cause the complainant to contravene a law of the
Commonwealth, a State or a Territory.
Timing of complaint about live content
(7) If:
(a) a person makes a complaint under subclause (1) about live
content; and
(b) the person believes that a particular incident depicted in the
live content is sufficient to characterise the content as
prohibited content or potential prohibited content;
the complaint must be made within 60 days after the occurrence of
the incident.
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Content services Schedule 7
Complaints to, and investigations by, the ACMA Part 3
Making of complaints to the ACMA Division 1
Clause 38
Broadcasting Services Act 1992 271
Transitional
(8) A person is not entitled to make a complaint under subclause (1),
(2) or (3) about something that occurred before the commencement
of this clause.
38 Complaints relating to breach of a designated content/hosting
service provider rule etc.
(1) If a person (the first person) has reason to believe that another
person has:
(a) breached a designated content/hosting service provider rule
that applies to the other person; or
(b) committed an offence against this Schedule; or
(c) breached a civil penalty provision of this Schedule;
the first person may make a complaint to the ACMA about the
matter.
(2) If a person has reason to believe that a participant in the content
industry (within the meaning of Part 4 of this Schedule) has
breached a code registered under that Part that is applicable to the
participant, the person may make a complaint to the ACMA about
the matter.
39 Form of complaint
(1) A complaint under this Division is to be in writing.
(2) However, the ACMA may permit complaints to be given, in
accordance with specified software requirements, by way of a
specified kind of electronic transmission.
40 Recordings of live content
(1) If:
(a) a complaint under subclause 37(1) about live content is
accompanied by a recording of:
(i) the live content; or
(ii) a segment of the live content; and
(b) the complainant made the recording;
neither making the recording, nor giving the recording to the
ACMA, is taken to have infringed copyright.
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Schedule 7 Content services
Part 3 Complaints to, and investigations by, the ACMA
Division 1 Making of complaints to the ACMA
Clause 41
272 Broadcasting Services Act 1992
(2) Subclause (1) does not apply if:
(a) the ACMA is satisfied that the complaint is:
(i) frivolous; or
(ii) vexatious; or
(iii) not made in good faith; or
(b) the ACMA has reason to believe that the complaint was
made for the purpose, or for purposes that include the
purpose, of frustrating or undermining the effective
administration of this Schedule; or
(c) the making of the recording would cause the complainant to
contravene:
(i) a law of the Commonwealth (other than the Copyright
Act 1968); or
(ii) a law of a State; or
(iii) a law of a Territory.
41 Residency etc. of complainant
A person is not entitled to make a complaint under this Division
unless the person is:
(a) an individual who resides in Australia; or
(b) a body corporate that carries on activities in Australia; or
(c) the Commonwealth, a State or a Territory.
42 Escalation of complaints made under industry codes etc.
(1) This clause applies if:
(a) a person has made a complaint under:
(i) an industry code registered under Part 4; or
(ii) an industry standard determined under Part 4; or
(iii) a designated content/hosting service provider
determination; and
(b) the complaint is about a particular matter; and
(c) the person could have made a complaint about the matter
under subclause 37(1), (2) or (3) or 38(1) or (2); and
(d) the complaint is referred to the ACMA under the code,
standard or determination.
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Content services Schedule 7
Complaints to, and investigations by, the ACMA Part 3
Making of complaints to the ACMA Division 1
Clause 42
Broadcasting Services Act 1992 273
(2) This Part has effect as if the complaint mentioned in
paragraph (1)(a) had been made under subclause 37(1), (2) or (3)
or 38(1) or (2), as the case requires.
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Schedule 7 Content services
Part 3 Complaints to, and investigations by, the ACMA
Division 2 Investigations by the ACMA
Clause 43
274 Broadcasting Services Act 1992
Division 2—Investigations by the ACMA
43 Investigation of complaints by the ACMA
(1) The ACMA must investigate a complaint under Division 1.
(2) Subclause (1) has effect subject to subclauses (3), (4) and (6).
(3) The ACMA need not investigate a complaint if:
(a) the ACMA is satisfied that the complaint is:
(i) frivolous; or
(ii) vexatious; or
(iii) not made in good faith; or
(b) the ACMA has reason to believe that the complaint was
made for the purpose, or for purposes that include the
purpose, of frustrating or undermining the effective
administration of this Schedule.
(4) The ACMA need not investigate, or continue to investigate, a
complaint about a matter if:
(a) a complaint about the matter has been, or could have been,
made under:
(i) an industry code registered under Part 4; or
(ii) an industry standard determined under Part 4; or
(iii) a designated content/hosting service provider
determination; and
(b) clause 42 does not apply to the first-mentioned complaint.
(5) The ACMA must notify the complainant of the results of an
investigation under this clause.
(6) The ACMA may terminate an investigation under this clause if it is
of the opinion that it does not have sufficient information to
conclude the investigation.
44 ACMA may investigate matters on its own initiative
The ACMA may investigate any of the following matters if the
ACMA thinks that it is desirable to do so:
(a) whether end-users in Australia can access prohibited content
or potential prohibited content provided by a content service;
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Content services Schedule 7
Complaints to, and investigations by, the ACMA Part 3
Investigations by the ACMA Division 2
Clause 45
Broadcasting Services Act 1992 275
(b) whether a hosting service is hosting prohibited content or
potential prohibited content;
(c) whether end-users in Australia can access prohibited content
or potential prohibited content using a link provided by a
links service;
(d) whether a person has breached a designated content/hosting
service provider rule that applies to the person;
(e) whether a person has committed an offence against this
Schedule;
(f) whether a person has breached a civil penalty provision of
this Schedule;
(g) whether a participant in the content industry (within the
meaning of Part 4 of this Schedule) has breached a code
registered under that Part that is applicable to the participant.
45 Conduct of investigations
(1) An investigation under this Division is to be conducted as the
ACMA thinks fit.
(2) The ACMA may, for the purposes of an investigation, obtain
information from such persons, and make such inquiries, as it
thinks fit.
(3) This clause has effect subject to Part 13 of this Act (which confers
certain investigative powers on the ACMA).
46 Protection from civil proceedings
Civil proceedings do not lie against a person in respect of loss,
damage or injury of any kind suffered by another person because
of any of the following acts done in good faith:
(a) the making of a complaint under Division 1;
(b) the making of a statement to, or the giving of a document or
information to, the ACMA in connection with an
investigation under this Division.
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Schedule 7 Content services
Part 3 Complaints to, and investigations by, the ACMA
Division 3 Action to be taken in relation to hosting services
Clause 47
276 Broadcasting Services Act 1992
Division 3—Action to be taken in relation to hosting
services
47 Action to be taken in relation to hosting services
Prohibited content
(1) If, in the course of an investigation under Division 2, the ACMA is
satisfied that:
(a) content hosted by a hosting service provider is prohibited
content; and
(b) the relevant hosting service has an Australian connection;
the ACMA must:
(c) if:
(i) the content does not consist of an eligible electronic
publication; and
(ii) the content has been classified RC or X 18+ by the
Classification Board;
give the hosting service provider a written notice (a final
take-down notice) directing the hosting service provider to
take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the content; or
(d) if:
(i) the content does not consist of an eligible electronic
publication; and
(ii) the content has been classified R 18+ or MA 15+ by the
Classification Board;
give the hosting service provider a written notice (a final
take-down notice) directing the hosting service provider to
take such steps as are necessary to ensure that a type B
remedial situation exists in relation to the content; or
(e) if:
(i) the content consists of an eligible electronic publication;
and
(ii) the content has been classified RC, category 2 restricted
or category 1 restricted by the Classification Board;
give the hosting service provider a written notice (a final
take-down notice) directing the hosting service provider to
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Content services Schedule 7
Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to hosting services Division 3
Clause 47
Broadcasting Services Act 1992 277
take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the content.
Note 1: For type A remedial situation, see subclause (6).
Note 2: For type B remedial situation, see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) content hosted by a hosting service provider is potential
prohibited content; and
(ii) the relevant hosting service has an Australian
connection; and
(b) the ACMA is satisfied that, if the content were to be
classified by the Classification Board, there is a substantial
likelihood that:
(i) if the content does not consist of an eligible electronic
publication—the content would be classified RC or X
18+; or
(ii) if the content consists of an eligible electronic
publication—the content would be classified RC or
category 2 restricted;
the ACMA must:
(c) give the hosting service provider a written notice (an interim
take-down notice) directing the provider to take such steps as
are necessary to ensure that a type A remedial situation exists
in relation to the content until the ACMA notifies the hosting
service provider under subclause (4) of the Classification
Board’s classification of the content; and
(d) apply to the Classification Board under clause 22 for
classification of the content.
Note: For type A remedial situation, see subclause (6).
(3) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) content hosted by a hosting service provider is potential
prohibited content; and
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Schedule 7 Content services
Part 3 Complaints to, and investigations by, the ACMA
Division 3 Action to be taken in relation to hosting services
Clause 47
278 Broadcasting Services Act 1992
(ii) the relevant hosting service has an Australian
connection; and
(b) the content does not consist of an eligible electronic
publication; and
(c) the ACMA is satisfied that, if the content were to be
classified by the Classification Board, there is a substantial
likelihood that the content would be classified R 18+ or MA
15+;
the ACMA must:
(d) give the hosting service provider a written notice (an interim
take-down notice) directing the provider to take such steps as
are necessary to ensure that a type B remedial situation exists
in relation to the content until the ACMA notifies the hosting
service provider under subclause (4) of the Classification
Board’s classification of the content; and
(e) apply to the Classification Board under clause 22 for
classification of the content.
Note: For type B remedial situation, see subclause (7).
(4) If, in response to an application made as required by subclause (2)
or (3), the ACMA is informed under paragraph 23(b) of the
classification of particular content, the ACMA must:
(a) give the relevant hosting service provider a written notice
setting out the classification; and
(b) in a case where:
(i) the content does not consist of an eligible electronic
publication; and
(ii) the effect of the classification is that the content is
prohibited content because it has been classified RC or
X 18+ by the Classification Board;
give the hosting service provider a written notice (a final
take-down notice) directing the provider to take such steps as
are necessary to ensure that a type A remedial situation exists
in relation to the content; and
(c) in a case where:
(i) the content does not consist of an eligible electronic
publication; and
(ii) the effect of the classification is that the content is
prohibited content because it has been classified R 18+
or MA 15+ by the Classification Board;
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to hosting services Division 3
Clause 47
Broadcasting Services Act 1992 279
give the hosting service provider a written notice (a final
take-down notice) directing the provider to take such steps as
are necessary to ensure that a type B remedial situation exists
in relation to the content; and
(d) in a case where:
(i) the content consists of an eligible electronic publication;
and
(ii) the effect of the classification is that the content is
prohibited content because it has been classified RC,
category 2 restricted or category 1 restricted by the
Classification Board;
give the hosting service provider a written notice (a final
take-down notice) directing the provider to take such steps as
are necessary to ensure that a type A remedial situation exists
in relation to the content.
Note 1: For type A remedial situation, see subclause (6).
Note 2: For type B remedial situation, see subclause (7).
(5) If the ACMA makes a decision under subclause (2) or (3) to apply
to the Classification Board for classification of content, the ACMA
must give the relevant hosting service provider a written notice
setting out the decision.
Type A remedial situation
(6) For the purposes of the application of this clause to a hosting
service provider, a type A remedial situation exists in relation to
content at a particular time if:
(a) the provider does not host the content; or
(b) the content is not provided by a content service provided to
the public (whether on payment of a fee or otherwise).
Type B remedial situation
(7) For the purposes of the application of this clause to a hosting
service provider, a type B remedial situation exists in relation to
content at a particular time if:
(a) the provider does not host the content; or
(b) the content is not provided by a content service provided to
the public (whether on payment of a fee or otherwise); or
(c) access to the content is subject to a restricted access system.
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Part 3 Complaints to, and investigations by, the ACMA
Division 3 Action to be taken in relation to hosting services
Clause 48
280 Broadcasting Services Act 1992
48 Revocation of interim take-down notices—voluntary withdrawal
of content
(1) If:
(a) an interim take-down notice relating to particular content is
applicable to a particular hosting service provider; and
(b) before the Classification Board classifies the content, the
provider:
(i) ceases to host the content; and
(ii) gives the ACMA a written undertaking not to host the
content;
the ACMA may:
(c) accept the undertaking; and
(d) revoke the interim take-down notice; and
(e) by written notice given to the Classification Board, determine
that the Classification Board is not required to comply with
clause 23 in relation to the classification of the content.
(2) If an interim take-down notice is revoked under this clause, the
ACMA must give the hosting service provider concerned a written
notice stating that the interim take-down notice has been revoked.
49 Revocation of final take-down notices—reclassification of content
(1) If:
(a) content has been classified by the Classification Board
(otherwise than because of subclause 24(1) or (2)); and
(b) a final take-down notice relating to the content is applicable
to a particular hosting service provider; and
(c) the Classification Board reclassifies the content; and
(d) as a result of the reclassification, the content ceases to be
prohibited content;
the ACMA must revoke the final take-down notice.
(2) If a final take-down notice is revoked under this clause, the ACMA
must give the hosting service provider concerned a written notice
stating that the final take-down notice has been revoked.
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to hosting services Division 3
Clause 50
Broadcasting Services Act 1992 281
50 Revocation of final take-down notices—reclassification of content
that consists of a film or a computer game
(1) If:
(a) content consists of:
(i) the entire unmodified contents of a film; or
(ii) a computer game; and
(b) the Classification Board reclassifies the film or computer
game under the Classification (Publications, Films and
Computer Games) Act 1995; and
(c) a final take-down notice relating to the content is applicable
to a particular hosting service provider; and
(d) as a result of the reclassification, the content ceases to be
prohibited content;
the ACMA must revoke the final take-down notice.
(2) If a final take-down notice is revoked under this clause, the ACMA
must give the hosting service provider concerned a written notice
stating that the final take-down notice has been revoked.
51 Revocation of final take-down notices—reclassification of a
corresponding print publication
(1) If:
(a) content consists of an eligible electronic publication; and
(b) the Classification Board reclassifies the corresponding print
publication under the Classification (Publications, Films and
Computer Games) Act 1995; and
(c) a final take-down notice relating to the content is applicable
to a particular hosting service provider; and
(d) as a result of the reclassification, the content ceases to be
prohibited content;
the ACMA must revoke the final take-down notice.
(2) If a final take-down notice is revoked under this clause, the ACMA
must give the hosting service provider concerned a written notice
stating that the final take-down notice has been revoked.
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Part 3 Complaints to, and investigations by, the ACMA
Division 3 Action to be taken in relation to hosting services
Clause 52
282 Broadcasting Services Act 1992
52 Anti-avoidance—special take-down notices
(1) If:
(a) an interim take-down notice or a final take-down notice
relating to particular content is applicable to a particular
hosting service provider; and
(b) the ACMA is satisfied that the hosting service provider is
hosting, or is proposing to host, content (the similar content)
that is the same as, or substantially similar to, the content
identified in the interim take-down notice or the final
take-down notice, as the case may be; and
(c) the ACMA is satisfied that the similar content is prohibited
content or potential prohibited content;
the ACMA may:
(d) if the interim take-down notice or final take-down notice, as
the case may be, was given under paragraph 47(1)(c), (1)(e),
(2)(c), (4)(b) or (4)(d) of this Schedule—give the hosting
service provider a written notice (a special take-down notice)
directing the provider to take all reasonable steps to ensure
that a type A remedial situation exists in relation to the
similar content at any time when the interim take-down
notice or final take-down notice, as the case may be, is in
force; or
(e) in any other case—give the hosting service provider a written
notice (a special take-down notice) directing the provider to
take all reasonable steps to ensure that a type B remedial
situation exists in relation to the similar content at any time
when the interim take-down notice or final take-down notice,
as the case may be, is in force.
Note 1: For type A remedial situation, see subclause (2).
Note 2: For type B remedial situation, see subclause (3).
Type A remedial situation
(2) For the purposes of the application of this clause to a hosting
service provider, a type A remedial situation exists in relation to
the similar content at a particular time if:
(a) the provider does not host the similar content; or
(b) the similar content is not provided by a content service
provided to the public (whether on payment of a fee or
otherwise).
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to hosting services Division 3
Clause 53
Broadcasting Services Act 1992 283
Type B remedial situation
(3) For the purposes of the application of this clause to a hosting
service provider, a type B remedial situation exists in relation to
content at a particular time if:
(a) the provider does not host the similar content; or
(b) the similar content is not provided by a content service
provided to the public (whether on payment of a fee or
otherwise); or
(c) access to the similar content is subject to a restricted access
system.
53 Compliance with rules relating to prohibited content etc.
Interim take-down notice
(1) A hosting service provider must comply with an interim take-down
notice that applies to the provider as soon as practicable, and in any
event by 6 pm on the next business day, after the notice was given
to the provider.
Final take-down notice
(2) A hosting service provider must comply with a final take-down
notice that applies to the provider as soon as practicable, and in any
event by 6 pm on the next business day, after the notice was given
to the provider.
Special take-down notice
(3) A hosting service provider must comply with a special take-down
notice that applies to the provider as soon as practicable, and in any
event by 6 pm on the next business day, after the notice was given
to the provider.
(4) In proceedings relating to a contravention of subclause (3), it is a
defence if the hosting service provider proves:
(a) that the provider did not know; and
(b) that the provider could not, with reasonable diligence, have
ascertained;
that the relevant content was prohibited content or potential
prohibited content.
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Part 3 Complaints to, and investigations by, the ACMA
Division 3 Action to be taken in relation to hosting services
Clause 54
284 Broadcasting Services Act 1992
Note: In criminal proceedings, a defendant bears a legal burden in relation to
the matters in subclause (4)—see section 13.4 of the Criminal Code.
Undertaking
(5) A hosting service provider must comply with an undertaking given
by the provider and accepted under clause 48.
Designated content/hosting service provider rule
(6) Subclauses (1), (2), (3) and (5) are designated content/hosting
service provider rules.
54 Identification of content
Content may be identified in a notice under this Division:
(a) by setting out the content; or
(b) by describing the content; or
(c) in any other way.
55 Application of notices under this Division
If a notice under this Division relates to particular internet content,
the notice applies to the content only to the extent to which the
content is accessed, or available for access, from a website, or a
distinct part of a website, specified in the notice.
Note: For specification by class, see subsection 33(3AB) of the Acts
Interpretation Act 1901.
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to live content services Division 4
Clause 56
Broadcasting Services Act 1992 285
Division 4—Action to be taken in relation to live content
services
56 Action to be taken in relation to live content services
Prohibited content
(1) If, in the course of an investigation under Division 2, the ACMA is
satisfied that:
(a) live content provided by a live content service is prohibited
content; and
(b) the live content service has an Australian connection;
the ACMA must:
(c) if the content has been classified RC or X 18+ by the
Classification Board—give the live content service provider
a written notice (a final service-cessation notice) directing
the live content service provider to take such steps as are
necessary to ensure that a type A remedial situation exists in
relation to the live content service; or
(d) if the content has been classified R 18+ or MA 15+ by the
Classification Board—give the live content service provider
a written notice (a final service-cessation notice) directing
the live content service provider to take such steps as are
necessary to ensure that a type B remedial situation exists in
relation to the live content service.
Note 1: For type A remedial situation, see subclause (6).
Note 2: For type B remedial situation, see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) live content provided by a live content service is
potential prohibited content; and
(ii) the live content service has an Australian connection;
and
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Part 3 Complaints to, and investigations by, the ACMA
Division 4 Action to be taken in relation to live content services
Clause 56
286 Broadcasting Services Act 1992
(b) the ACMA is satisfied that, if the content were to be
classified by the Classification Board, there is a substantial
likelihood that the content would be classified RC or X 18+;
and
(c) the ACMA has:
(i) a recording of the content; or
(ii) a copy of such a recording;
the ACMA must:
(d) give the live content service provider a written notice (an
interim service-cessation notice) directing the provider to
take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the live content service
until the ACMA notifies the live content provider under
subclause (4) of the Classification Board’s classification of
the content; and
(e) apply to the Classification Board under clause 22 for
classification of the content.
Note: For type A remedial situation, see subclause (6).
(3) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) live content provided by a live content service is
potential prohibited content; and
(ii) the live content service has an Australian connection;
and
(b) the ACMA is satisfied that, if the content were to be
classified by the Classification Board, there is a substantial
likelihood that the content would be classified R 18+ or MA
15+; and
(c) the ACMA has:
(i) a recording of the content; or
(ii) a copy of such a recording;
the ACMA must:
(d) give the live content service provider a written notice (an
interim service-cessation notice) directing the provider to
take such steps as are necessary to ensure that a type B
remedial situation exists in relation to the live content service
until the ACMA notifies the live content provider under
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to live content services Division 4
Clause 56
Broadcasting Services Act 1992 287
subclause (4) of the Classification Board’s classification of
the content; and
(e) apply to the Classification Board under clause 22 for
classification of the content.
Note: For type B remedial situation, see subclause (7).
(4) If, in response to an application made as required by subclause (2)
or (3), the ACMA is informed under paragraph 23(b) of the
classification of particular content, the ACMA must:
(a) give the relevant live content service provider a written
notice setting out the classification; and
(b) in a case where the effect of the classification is that the
content is prohibited content because it has been classified
RC or X 18+ by the Classification Board—give the live
content service provider a written notice (a final
service-cessation notice) directing the provider to take such
steps as are necessary to ensure that a type A remedial
situation exists in relation to the live content service; and
(c) in a case where the effect of the classification is that the
content is prohibited content because it has been classified R
18+ or MA 15+ by the Classification Board—give the live
content service provider a written notice (a final
service-cessation notice) directing the provider to take such
steps as are necessary to ensure that a type B remedial
situation exists in relation to the live content service.
Note 1: For type A remedial situation, see subclause (6).
Note 2: For type B remedial situation, see subclause (7).
(5) If the ACMA makes a decision under subclause (2) or (3) to apply
to the Classification Board under clause 22 for classification of
content, the ACMA must give the relevant live content service
provider a written notice setting out the decision.
Type A remedial situation
(6) For the purposes of the application of this clause to a live content
service provider, a type A remedial situation exists in relation to a
live content service if the provider does not provide the live
content service.
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Part 3 Complaints to, and investigations by, the ACMA
Division 4 Action to be taken in relation to live content services
Clause 57
288 Broadcasting Services Act 1992
Type B remedial situation
(7) For the purposes of the application of this clause to a live content
service provider, a type B remedial situation exists in relation to a
live content service if:
(a) the provider does not provide the live content service; or
(b) access to any R 18+ or MA 15+ content provided by the live
content service is subject to a restricted access system.
57 Undertaking—alternative to service-cessation notice
(1) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) live content provided by a live content service is
prohibited content or potential prohibited content; and
(ii) the live content service has an Australian connection;
and
(b) apart from this subclause, the ACMA would be required to
take action under subclause 56(1), (2) or (3) in relation to the
content; and
(c) the live content service provider concerned gives the ACMA
a written undertaking relating to the live content service;
then:
(d) the ACMA may accept the undertaking; and
(e) if the ACMA accepts the undertaking—the ACMA is not
required to take action under subclause 56(1), (2) or (3) in
relation to the content.
(2) Subclause (1) has effect despite anything in clause 56.
58 Revocation of service-cessation notices—undertaking
(1) If:
(a) a final service-cessation notice or interim service-cessation
notice is applicable to a particular live content service
provider; and
(b) the provider gives the ACMA a written undertaking relating
to the live content service concerned;
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to live content services Division 4
Clause 59
Broadcasting Services Act 1992 289
the ACMA may:
(c) accept the undertaking; and
(d) revoke the final service-cessation notice or interim
service-cessation notice; and
(e) in the case of an interim service-cessation notice—by written
notice given to the Classification Board, determine that the
Classification Board is not required to comply with clause 23
in relation to the classification of the content concerned.
(2) If a final service-cessation notice or interim service-cessation
notice is revoked under this clause, the ACMA must give the live
content service provider concerned a written notice stating that the
notice has been revoked.
59 Revocation of final service-cessation notices—reclassification of
content
(1) If:
(a) content has been classified by the Classification Board
(otherwise than because of subclause 24(1) or (2)); and
(b) a final service-cessation notice is applicable to a particular
live content service provider; and
(c) the final service-cessation notice was given because the
content was prohibited content; and
(d) the Classification Board reclassifies the content; and
(e) as a result of the reclassification, the content ceases to be
prohibited content;
the ACMA must revoke the final service-cessation notice.
(2) If a final service-cessation notice is revoked under this clause, the
ACMA must give the live content service provider concerned a
written notice stating that the final service-cessation notice has
been revoked.
59A Anti-avoidance—special service-cessation notices
(1) If:
(a) an interim service-cessation notice or a final
service-cessation notice relating to a particular live content
service is applicable to a particular live content service
provider; and
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Part 3 Complaints to, and investigations by, the ACMA
Division 4 Action to be taken in relation to live content services
Clause 59A
290 Broadcasting Services Act 1992
(b) the ACMA is satisfied that the live content service provider:
(i) is providing; or
(ii) is proposing to provide;
another live content service that is substantially similar to the
first-mentioned live content service; and
(c) the ACMA is satisfied that the other live content service:
(i) has provided; or
(ii) is providing; or
(iii) is likely to provide;
prohibited content or potential prohibited content;
the ACMA may:
(d) if the interim service-cessation notice or final
service-cessation notice, as the case may be, was given under
paragraph 56(1)(c), (2)(d) or (4)(b) of this Schedule—give
the live content service provider a written notice (a special
service-cessation notice) directing the provider to take all
reasonable steps to ensure that a type A remedial situation
exists in relation to the other live content service at any time
when the interim service-cessation notice or final
service-cessation notice, as the case may be, is in force; or
(e) in any other case—give the live content service provider a
written notice (a special service-cessation notice) directing
the provider to take all reasonable steps to ensure that a type
B remedial situation exists in relation to the other live content
service at any time when the interim service-cessation notice
or final service-cessation notice, as the case may be, is in
force.
Note 1: For type A remedial situation, see subclause (2).
Note 2: For type B remedial situation, see subclause (3).
Type A remedial situation
(2) For the purposes of the application of this clause to a live content
service provider, a type A remedial situation exists in relation to a
live content service if the provider does not provide the live
content service.
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to live content services Division 4
Clause 60
Broadcasting Services Act 1992 291
Type B remedial situation
(3) For the purposes of the application of this clause to a live content
service provider, a type B remedial situation exists in relation to a
live content service if:
(a) the provider does not provide the live content service; or
(b) access to any R 18+ or MA 15+ content provided by the live
content service is subject to a restricted access system.
60 Compliance with rules relating to prohibited content etc.
Interim service-cessation notice
(1) A live content service provider must comply with an interim
service-cessation notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day,
after the notice was given to the provider.
Final service-cessation notice
(2) A live content service provider must comply with a final
service-cessation notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day,
after the notice was given to the provider.
Special service-cessation notice
(2A) A live content service provider must comply with a special
service-cessation notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day,
after the notice was given to the provider.
Undertaking
(3) A live content service provider must comply with an undertaking
given by the provider and accepted under clause 57 or 58.
Designated content/hosting service provider rule
(4) Subclauses (1), (2), (2A) and (3) are designated content/hosting
service provider rules.
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Part 3 Complaints to, and investigations by, the ACMA
Division 4 Action to be taken in relation to live content services
Clause 61
292 Broadcasting Services Act 1992
61 Identification of content
Content may be identified in a notice under this Division:
(a) by setting out the content; or
(b) by describing the content; or
(c) in any other way.
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to links services Division 5
Clause 62
Broadcasting Services Act 1992 293
Division 5—Action to be taken in relation to links services
62 Action to be taken in relation to links services
Prohibited content
(1) If, in the course of an investigation under Division 2, the ACMA is
satisfied that:
(a) end-users in Australia can access content using a link
provided by a links service; and
(b) the content is prohibited content; and
(c) the links service has an Australian connection;
the ACMA must:
(d) if:
(i) the content does not consist of an eligible electronic
publication; and
(ii) the content has been classified RC or X 18+ by the
Classification Board;
give the links service provider a written notice (a final
link-deletion notice) directing the links service provider to
take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the content; or
(e) if:
(i) the content does not consist of an eligible electronic
publication; and
(ii) the content has been classified R 18+ or MA 15+ by the
Classification Board;
give the links service provider a written notice (a final
link-deletion notice) directing the links service provider to
take such steps as are necessary to ensure that a type B
remedial situation exists in relation to the content; or
(f) if:
(i) the content consists of an eligible electronic publication;
and
(ii) the content has been classified RC, category 2 restricted
or category 1 restricted by the Classification Board;
give the links service provider a written notice (a final
link-deletion notice) directing the links service provider to
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Part 3 Complaints to, and investigations by, the ACMA
Division 5 Action to be taken in relation to links services
Clause 62
294 Broadcasting Services Act 1992
take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the content.
Note 1: For type A remedial situation, see subclause (6).
Note 2: For type B remedial situation, see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) end-users in Australia can access content using a link
provided by a links service; and
(ii) the content is potential prohibited content; and
(iii) the links service has an Australian connection; and
(b) the ACMA is satisfied that, if the content were to be
classified by the Classification Board, there is a substantial
likelihood that:
(i) if the content does not consist of an eligible electronic
publication—the content would be classified RC or X
18+; or
(ii) if the content consists of an eligible electronic
publication—the content would be classified RC or
category 2 restricted;
the ACMA must:
(c) give the links service provider a written notice (an interim
link-deletion notice) directing the provider to take such steps
as are necessary to ensure that a type A remedial situation
exists in relation to the content until the ACMA notifies the
links service provider under subclause (4) of the
Classification Board’s classification of the content; and
(d) apply to the Classification Board under clause 22 for
classification of the content.
Note: For type A remedial situation, see subclause (6).
(3) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) end-users in Australia can access content using a link
provided by a links service; and
(ii) the content is potential prohibited content; and
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Action to be taken in relation to links services Division 5
Clause 62
Broadcasting Services Act 1992 295
(iii) the links service has an Australian connection; and
(b) the content does not consist of an eligible electronic
publication; and
(c) the ACMA is satisfied that, if the content were to be
classified by the Classification Board, there is a substantial
likelihood that the content would be classified R 18+ or MA
15+;
the ACMA must:
(d) give the links service provider a written notice (an interim
link-deletion notice) directing the provider to take such steps
as are necessary to ensure that a type B remedial situation
exists in relation to the content until the ACMA notifies the
links service provider under subclause (4) of the
Classification Board’s classification of the content; and
(e) apply to the Classification Board under clause 22 for
classification of the content.
Note: For type B remedial situation, see subclause (7).
(4) If, in response to an application made as required by subclause (2)
or (3), the ACMA is informed under paragraph 23(b) of the
classification of particular content, the ACMA must:
(a) give the relevant links service provider a written notice
setting out the classification; and
(b) in a case where:
(i) the content does not consist of an eligible electronic
publication; and
(ii) the effect of the classification is that the content is
prohibited content because it has been classified RC or
X 18+ by the Classification Board;
give the links service provider a written notice (a final
link-deletion notice) directing the provider to take such steps
as are necessary to ensure that a type A remedial situation
exists in relation to the content; and
(c) in a case where:
(i) the content does not consist of an eligible electronic
publication; and
(ii) the effect of the classification is that the content is
prohibited content because it has been classified R 18+
or MA 15+ by the Classification Board;
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Schedule 7 Content services
Part 3 Complaints to, and investigations by, the ACMA
Division 5 Action to be taken in relation to links services
Clause 62
296 Broadcasting Services Act 1992
give the links service provider a written notice (a final
link-deletion notice) directing the provider to take such steps
as are necessary to ensure that a type B remedial situation
exists in relation to the content; and
(d) in a case where:
(i) the content consists of an eligible electronic publication;
and
(ii) the effect of the classification is that the content is
prohibited content because it has been classified RC,
category 2 restricted or category 1 restricted by the
Classification Board;
give the links service provider a written notice (a final
link-deletion notice) directing the provider to take such steps
as are necessary to ensure that a type A remedial situation
exists in relation to the content.
Note 1: For type A remedial situation, see subclause (6).
Note 2: For type B remedial situation, see subclause (7).
(5) If the ACMA makes a decision under subclause (2) or (3) to apply
to the Classification Board under clause 22 for classification of
content, the ACMA must give the relevant links service provider a
written notice setting out the decision.
Type A remedial situation
(6) For the purposes of the application of this clause to a links service
provider, a type A remedial situation exists in relation to particular
content if:
(a) the provider ceases to provide a link to the content using the
links service concerned; or
(b) the content is not provided by a content service provided to
the public (whether on payment of a fee or otherwise).
Type B remedial situation
(7) For the purposes of the application of this clause to a links service
provider, a type B remedial situation exists in relation to particular
content if:
(a) the provider ceases to provide a link to the content using the
links service concerned; or
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to links services Division 5
Clause 63
Broadcasting Services Act 1992 297
(b) the content is not provided by a content service provided to
the public (whether on payment of a fee or otherwise); or
(c) access to the content is subject to a restricted access system.
63 Revocation of interim link-deletion notices—voluntary deletion of
link
(1) If:
(a) an interim link-deletion notice relating to a link to particular
content is applicable to a particular links service provider;
and
(b) before the Classification Board classifies the content, the
provider:
(i) ceases to provide a link to the content; and
(ii) gives the ACMA a written undertaking not to provide a
link to the content;
the ACMA may:
(c) accept the undertaking; and
(d) revoke the interim link-deletion notice; and
(e) by written notice given to the Classification Board, determine
that the Classification Board is not required to comply with
clause 23 in relation to the classification of the content.
(2) If an interim link-deletion notice is revoked under this clause, the
ACMA must give the links service provider concerned a written
notice stating that the interim link-deletion notice has been
revoked.
64 Revocation of final link-deletion notices—reclassification of
content
(1) If:
(a) content has been classified by the Classification Board
(otherwise than because of subclause 24(1) or (2)); and
(b) a final link-deletion notice relating to a link to the content is
applicable to a particular links service provider; and
(c) the Classification Board reclassifies the content; and
(d) as a result of the reclassification, the content ceases to be
prohibited content;
the ACMA must revoke the final link-deletion notice.
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Schedule 7 Content services
Part 3 Complaints to, and investigations by, the ACMA
Division 5 Action to be taken in relation to links services
Clause 65
298 Broadcasting Services Act 1992
(2) If a final link-deletion notice is revoked under this clause, the
ACMA must give the links service provider concerned a written
notice stating that the final link-deletion notice has been revoked.
65 Revocation of final link-deletion notices—reclassification of
content that consists of a film or a computer game
(1) If:
(a) content consists of:
(i) the entire unmodified contents of a film; or
(ii) a computer game; and
(b) the Classification Board reclassifies the film or computer
game under the Classification (Publications, Films and
Computer Games) Act 1995; and
(c) a final link-deletion notice relating to a link to the content is
applicable to a particular links service provider; and
(d) as a result of the reclassification, the content ceases to be
prohibited content;
the ACMA must revoke the final link-deletion notice.
(2) If a final link-deletion notice is revoked under this clause, the
ACMA must give the links service provider concerned a written
notice stating that the final link-deletion notice has been revoked.
66 Revocation of final link-deletion notices—reclassification of a
corresponding print publication
(1) If:
(a) content consists of an eligible electronic publication; and
(b) the Classification Board reclassifies the corresponding print
publication under the Classification (Publications, Films and
Computer Games) Act 1995; and
(c) a final link-deletion notice relating to a link to the content is
applicable to a particular links service provider; and
(d) as a result of the reclassification, the content ceases to be
prohibited content;
the ACMA must revoke the final link-deletion notice.
(2) If a final link-deletion notice is revoked under this clause, the
ACMA must give the links service provider concerned a written
notice stating that the final link-deletion notice has been revoked.
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Content services Schedule 7
Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to links services Division 5
Clause 67
Broadcasting Services Act 1992 299
67 Anti-avoidance—special link-deletion notices
(1) If:
(a) an interim link-deletion notice or a final link-deletion notice
relating to particular content is applicable to a particular links
service provider; and
(b) the ACMA is satisfied that the links service provider is
providing, or is proposing to provide, a link to content (the
similar content) that is the same as, or substantially similar
to, the content identified in the interim link-deletion notice or
the final link-deletion notice, as the case may be; and
(c) the ACMA is satisfied that the similar content is prohibited
content or potential prohibited content;
the ACMA may:
(d) if the interim link-deletion notice or the final link-deletion
notice, as the case may be, was given under
paragraph 62(1)(d), (1)(f), (2)(c), (4)(b) or (4)(d)—give the
links service provider a written notice (a special link-deletion
notice) directing the provider to take all reasonable steps to
ensure that a type A remedial situation exists in relation to
the similar content at any time when the interim link-deletion
notice or the final link-deletion notice, as the case may be, is
in force; or
(e) in any other case—give the links service provider a written
notice (a special link-deletion notice) directing the provider
to take all reasonable steps to ensure that a type B remedial
situation exists in relation to the similar content at any time
when the interim link-deletion notice or the final
link-deletion notice, as the case may be, is in force.
Note 1: For type A remedial situation, see subclause (2).
Note 2: For type B remedial situation, see subclause (3).
Type A remedial situation
(2) For the purposes of the application of this clause to a links service
provider, a type A remedial situation exists in relation to the
similar content if:
(a) the provider ceases to provide a link to the similar content
using the links service concerned; or
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Part 3 Complaints to, and investigations by, the ACMA
Division 5 Action to be taken in relation to links services
Clause 68
300 Broadcasting Services Act 1992
(b) the similar content is not provided by a content service
provided to the public (whether on payment of a fee or
otherwise).
Type B remedial situation
(3) For the purposes of the application of this clause to a links service
provider, a type B remedial situation exists in relation to the
similar content if:
(a) the provider ceases to provide a link to the similar content
using the links service concerned; or
(b) the similar content is not provided by a content service
provided to the public (whether on payment of a fee or
otherwise); or
(c) access to the similar content is subject to a restricted access
system.
68 Compliance with rules relating to prohibited content etc.
Interim link-deletion notice
(1) A links service provider must comply with an interim link-deletion
notice that applies to the provider as soon as practicable, and in any
event by 6 pm on the next business day, after the notice was given
to the provider.
Final link-deletion notice
(2) A links service provider must comply with a final link-deletion
notice that applies to the provider as soon as practicable, and in any
event by 6 pm on the next business day, after the notice was given
to the provider.
Special link-deletion notice
(3) A links service provider must comply with a special link-deletion
notice that applies to the provider as soon as practicable, and in any
event by 6 pm on the next business day, after the notice was given
to the provider.
(4) In proceedings relating to a contravention of subclause (3), it is a
defence if the links service provider proves:
(a) that the provider did not know; and
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Complaints to, and investigations by, the ACMA Part 3
Action to be taken in relation to links services Division 5
Clause 68
Broadcasting Services Act 1992 301
(b) that the provider could not, with reasonable diligence, have
ascertained;
that the relevant content was prohibited content or potential
prohibited content.
Note: In criminal proceedings, a defendant bears a legal burden in relation to
the matters in subclause (4)—see section 13.4 of the Criminal Code.
Undertaking
(5) A links service provider must comply with an undertaking given by
the provider and accepted under clause 63.
Designated content/hosting service provider rule
(6) Subclauses (1), (2), (3) and (5) are designated content/hosting
service provider rules.
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Schedule 7 Content services
Part 3 Complaints to, and investigations by, the ACMA
Division 6 Law enforcement agencies
Clause 69
302 Broadcasting Services Act 1992
Division 6—Law enforcement agencies
69 Referral of matters to law enforcement agencies
(1) If, in the course of an investigation under Division 2, the ACMA is
satisfied that:
(a) content is prohibited content or potential prohibited content;
and
(b) the content is of a sufficiently serious nature to warrant
referral to a law enforcement agency;
the ACMA must notify the content to:
(c) a member of an Australian police force; or
(d) if there is an arrangement between the ACMA and the chief
(however described) of an Australian police force under
which the ACMA is authorised to notify the content to
another person or body—that other person or body.
Referral to law enforcement agency
(2) The manner in which content may be notified under
paragraph (1)(c) to a member of an Australian police force includes
(but is not limited to) a manner ascertained in accordance with an
arrangement between the ACMA and the chief (however
described) of the police force concerned.
(3) If a member of an Australian police force is notified of particular
content under this clause, the member may notify the content to a
member of another law enforcement agency.
(4) This clause does not limit the ACMA’s powers to refer other
matters to a member of an Australian police force.
Previous referral to law enforcement agency under Schedule 5
(5) The ACMA is not required to notify particular content under
subclause (1) if the ACMA has already notified the content under
paragraph 40(1)(a) of Schedule 5.
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Complaints to, and investigations by, the ACMA Part 3
Law enforcement agencies Division 6
Clause 70
Broadcasting Services Act 1992 303
70 Deferral of action in order to avoid prejudicing a criminal
investigation—hosting services
(1) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) content hosted by a hosting service provider is
prohibited content or potential prohibited content; and
(ii) the relevant hosting service has an Australian
connection; and
(b) apart from this subclause, the ACMA would be required to
take action under subclause 47(1), (2) or (3) in relation to the
content; and
(c) a member of an Australian police force satisfies the ACMA
that the taking of that action should be deferred until the end
of a particular period in order to avoid prejudicing a criminal
investigation;
the ACMA may defer taking that action until the end of that
period.
(2) Subclause (1) has effect despite anything in clause 47.
71 Deferral of action in order to avoid prejudicing a criminal
investigation—live content services
(1) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) live content provided by a live content service is
potential prohibited content; and
(ii) the live content service has an Australian connection;
and
(b) apart from this subclause, the ACMA would be required to
take action under subclause 56(1), (2) or (3) in relation to the
content; and
(c) a member of an Australian police force satisfies the ACMA
that the taking of that action should be deferred until the end
of a particular period in order to avoid prejudicing a criminal
investigation;
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Part 3 Complaints to, and investigations by, the ACMA
Division 6 Law enforcement agencies
Clause 72
304 Broadcasting Services Act 1992
the ACMA may defer taking that action until the end of that
period.
(2) Subclause (1) has effect despite anything in clause 56.
72 Deferral of action in order to avoid prejudicing a criminal
investigation—links services
(1) If:
(a) in the course of an investigation under Division 2, the
ACMA is satisfied that:
(i) end-users in Australia can access content using a link
provided by a links service; and
(ii) the content is potential prohibited content; and
(iii) the links service has an Australian connection; and
(b) apart from this subclause, the ACMA would be required to
take action under subclause 62(1), (2) or (3) in relation to the
link; and
(c) a member of an Australian police force satisfies the ACMA
that the taking of that action should be deferred until the end
of a particular period in order to avoid prejudicing a criminal
investigation;
the ACMA may defer taking that action until the end of that
period.
(2) Subclause (1) has effect despite anything in clause 62.
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Content services Schedule 7
Industry codes and industry standards Part 4
Simplified outline Division 1
Clause 73
Broadcasting Services Act 1992 305
Part 4—Industry codes and industry standards
Division 1—Simplified outline
73 Simplified outline
The following is a simplified outline of this Part:
• Bodies and associations that represent sections of the content
industry may develop industry codes.
• Industry codes may be registered by the ACMA.
• Compliance with an industry code is voluntary unless the
ACMA directs a particular participant in the content industry
to comply with the code.
• The ACMA has a reserve power to make an industry standard
if there are no industry codes or if an industry code is
deficient.
• Compliance with industry standards is mandatory.
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Schedule 7 Content services
Part 4 Industry codes and industry standards
Division 2 Interpretation
Clause 74
306 Broadcasting Services Act 1992
Division 2—Interpretation
74 Industry codes
For the purposes of this Part, an industry code is a code developed
under this Part (whether or not in response to a request under this
Part).
75 Industry standards
For the purposes of this Part, an industry standard is a standard
determined under this Part.
76 Content activity
For the purposes of this Part, a content activity is an activity that
consists of:
(a) providing a hosting service that has an Australian connection;
or
(b) providing a live content service that has an Australian
connection; or
(c) providing a links service that has an Australian connection;
or
(d) providing a commercial content service that has an
Australian connection.
77 Sections of the content industry
(1) For the purposes of this Part, sections of the content industry are
to be ascertained in accordance with this clause.
(2) For the purposes of this Part, each of the following groups is a
section of the content industry:
(a) hosting service providers, where the relevant hosting services
have an Australian connection;
(b) live content service providers, where the relevant live content
services have an Australian connection;
(c) links service providers, where the relevant links services
have an Australian connection;
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Industry codes and industry standards Part 4
Interpretation Division 2
Clause 78
Broadcasting Services Act 1992 307
(d) commercial content service providers, where the relevant
commercial content services have an Australian connection.
78 Participants in a section of the content industry
For the purposes of this Part, if a person is a member of a group
that constitutes a section of the content industry, the person is a
participant in that section of the content industry.
79 Designated body
The Minister may, by legislative instrument, declare that a
specified body or association is the designated body for the
purposes of this Part. The declaration has effect accordingly.
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Schedule 7 Content services
Part 4 Industry codes and industry standards
Division 3 General principles relating to industry codes and industry standards
Clause 80
308 Broadcasting Services Act 1992
Division 3—General principles relating to industry codes
and industry standards
80 Statement of regulatory policy
(1) The Parliament intends that bodies or associations that the ACMA
is satisfied represent sections of the content industry should
develop codes (industry codes) that are to apply to participants in
the respective sections of the industry in relation to their content
activities.
(2) The Parliament intends that the ACMA should make reasonable
efforts to ensure that, for each section of the content industry,
either:
(a) an industry code is registered under this Part within 6 months
after the commencement of this Schedule; or
(b) an industry standard is registered under this Part within 9
months after the commencement of this Schedule.
81 Matters that must be dealt with by industry codes and industry
standards—commercial content providers
(1) The Parliament intends that, for the commercial content service
provider section of the content industry, there should be:
(a) an industry code or an industry standard that deals with; or
(b) an industry code and an industry standard that together deal
with;
each of the following matters:
(c) the engagement of trained content assessors by commercial
content service providers;
(d) ensuring that content (other than live content or content that
consists of an eligible electronic publication) that:
(i) has not been classified by the Classification Board; and
(ii) would, if it were classified by the Classification Board,
be substantially likely to be classified RC, X 18+, R 18+
or MA 15+ by the Classification Board;
is not provided by commercial content services (other than
news services or current affairs services) unless a trained
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Industry codes and industry standards Part 4
General principles relating to industry codes and industry standards Division 3
Clause 81
Broadcasting Services Act 1992 309
content assessor has assessed the content for the purposes of
categorising the content as:
(iii) content that would, if it were classified by the
Classification Board, be substantially likely to be
classified RC by the Classification Board; or
(iv) content that would, if it were classified by the
Classification Board, be substantially likely to be
classified X 18+ by the Classification Board; or
(v) content that would, if it were classified by the
Classification Board, be substantially likely to be
classified R 18+ by the Classification Board; or
(vi) content that would, if it were classified by the
Classification Board, be substantially likely to be
classified MA 15+ by the Classification Board;
(e) ensuring that live content is not provided by commercial
content services (other than news services or current affairs
services) unless:
(i) there is no reasonable likelihood that the live content
will be of a kind that would, if it were classified by the
Classification Board, be substantially likely to be
classified RC, X 18+, R 18+ or MA 15+ by the
Classification Board; or
(ii) a trained content assessor has given advice to the
relevant commercial content service provider about
whether the live content is likely to be of a kind that
would, if it were classified by the Classification Board,
be substantially likely to be classified RC, X 18+, R 18+
or MA 15+ by the Classification Board;
(f) ensuring that content that consists of an eligible electronic
publication that:
(i) has not been classified by the Classification Board; and
(ii) would, if it were classified by the Classification Board,
be substantially likely to be classified RC or category 2
restricted by the Classification Board;
is not provided by commercial content services (other than
news services or current affairs services) unless a trained
content assessor has assessed the content for the purposes of
categorising the content as:
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Schedule 7 Content services
Part 4 Industry codes and industry standards
Division 3 General principles relating to industry codes and industry standards
Clause 82
310 Broadcasting Services Act 1992
(iii) content that would, if it were classified by the
Classification Board, be substantially likely to be
classified RC by the Classification Board; or
(iv) content that would, if it were classified by the
Classification Board, be substantially likely to be
classified category 2 restricted by the Classification
Board.
Note: The classification of an eligible electronic publication is the same as
the classification of the corresponding print publication—see
clause 24.
(2) For the purposes of paragraphs (1)(d), (e) and (f), it is to be
assumed that this Schedule authorised the Classification Board to
classify the content concerned.
Codes and standards not limited
(3) This clause does not limit the matters that may be dealt with by
industry codes and industry standards.
82 Examples of matters that may be dealt with by industry codes
and industry standards
(1) This clause sets out examples of matters that may be dealt with by
industry codes and industry standards.
(2) The applicability of a particular example will depend on which
section of the content industry is involved.
(3) The examples are as follows:
(a) procedures to be followed in order to deal with complaints
about matters, where the complainant could have made a
complaint about the same matter under subclause 37(1), (2)
or (3) or 38(1) or (2);
(b) telling persons about their rights to make complaints;
(c) procedures to be followed in order to assist persons to make
complaints;
(d) the referral to the ACMA of complaints about matters,
where:
(i) the complainant could have made a complaint about the
same matter under subclause 37(1), (2) or (3) or 38(1)
or (2); and
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Industry codes and industry standards Part 4
General principles relating to industry codes and industry standards Division 3
Clause 82
Broadcasting Services Act 1992 311
(ii) the complainant is dissatisfied with the way in which
the complaint was dealt with under the code or standard;
(e) advice about the reasons for content having a particular
classification;
(f) procedures directed towards the achievement of the objective
of ensuring that, in the event that a commercial content
service provider becomes aware that:
(i) prohibited content; or
(ii) potential prohibited content;
is or was delivered to, or made available for access by, an
end-user of a commercial content service provided by
another commercial content service provider, the other
commercial content service provider is told about the
prohibited content or the potential prohibited content, as the
case may be;
(g) promoting awareness of the safety issues associated with
commercial content services or live content services;
(h) procedures to be followed in order to deal with safety issues
associated with commercial content services that are chat
services;
(i) procedures to be followed in order to assist parents and
responsible adults to deal with safety issues associated with
children’s use of commercial content services that are chat
services;
(j) giving parents and responsible adults information about how
to supervise and control children’s access to content provided
by commercial content services or live content services;
(k) procedures to be followed in order to assist parents and
responsible adults to supervise and control children’s access
to content provided by commercial content services or live
content services;
(l) procedures to be followed in order to inform producers of
content provided by commercial content services or live
content services about the legal responsibilities of
commercial content service providers in relation to that
content;
(m) the making and retention of records of content provided by a
commercial content service or a live content service;
(n) the making and retention of recordings of live content
provided by a live content service;
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Part 4 Industry codes and industry standards
Division 3 General principles relating to industry codes and industry standards
Clause 83
312 Broadcasting Services Act 1992
(o) procedures directed towards the achievement of the objective
of ensuring that, in the event that new content services or live
content services are developed that could put at risk the
safety of children who are end-users of the services, the
ACMA is informed about those services.
83 Escalation of complaints
(1) This clause applies if an industry code or industry standard deals
with the matter referred to in paragraph 82(3)(a).
(2) The industry code or industry standard, as the case may be, must
also deal with the matter referred to in paragraph 82(3)(d).
84 Collection of personal information
(1) This clause applies to a provision of an industry code or industry
standard if the provision deals with the making and retention of:
(a) records of content provided by a content service; or
(b) recordings of live content provided by a live content service.
(2) The provision must not authorise the collection of personal
information (within the meaning of the Privacy Act 1988) about an
end-user of a content service.
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Content services Schedule 7
Industry codes and industry standards Part 4
Industry codes Division 4
Clause 85
Broadcasting Services Act 1992 313
Division 4—Industry codes
85 Registration of industry codes
(1) This clause applies if:
(a) the ACMA is satisfied that a body or association represents a
particular section of the content industry; and
(b) that body or association develops an industry code that
applies to participants in that section of the industry and deals
with one or more matters relating to the content activities of
those participants; and
(c) the body or association gives a copy of the code to the
ACMA; and
(d) the ACMA is satisfied that:
(i) to the extent to which the code deals with one or more
matters of substantial relevance to the community—the
code provides appropriate community safeguards for
that matter or those matters; and
(ii) to the extent to which the code deals with one or more
matters that are not of substantial relevance to the
community—the code deals with that matter or those
matters in an appropriate manner; and
(e) the ACMA is satisfied that, before giving the copy of the
code to the ACMA:
(i) the body or association published a draft of the code and
invited members of the public to make submissions to
the body or association about the draft within a
specified period; and
(ii) the body or association gave consideration to any
submissions that were received from members of the
public within that period; and
(f) the ACMA is satisfied that, before giving the copy of the
code to the ACMA:
(i) the body or association published a draft of the code and
invited participants in that section of the industry to
make submissions to the body or association about the
draft within a specified period; and
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Part 4 Industry codes and industry standards
Division 4 Industry codes
Clause 86
314 Broadcasting Services Act 1992
(ii) the body or association gave consideration to any
submissions that were received from participants in that
section of the industry within that period; and
(g) the ACMA is satisfied that the designated body has been
consulted about the development of the code.
Note: Designated body is defined by clause 79.
(2) The ACMA must register the code by including it in the Register
of industry codes kept under clause 101.
(3) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must
run for at least 30 days.
(4) If:
(a) an industry code (the new code) is registered under this Part;
and
(b) the new code is expressed to replace another industry code;
the other code ceases to be registered under this Part when the new
code is registered.
86 ACMA may request codes
(1) If the ACMA is satisfied that a body or association represents a
particular section of the content industry, the ACMA may, by
written notice given to the body or association, request the body or
association to:
(a) develop an industry code that applies to participants in that
section of the industry and deals with one or more specified
matters relating to the content activities of those participants;
and
(b) give the ACMA a copy of the code within the period
specified in the notice.
(2) The period specified in a notice under subclause (1) must run for at
least 120 days.
(3) The ACMA must not make a request under subclause (1) in
relation to a particular section of the content industry unless the
ACMA is satisfied that:
(a) the development of the code is necessary or convenient in
order to:
(i) provide appropriate community safeguards; or
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Content services Schedule 7
Industry codes and industry standards Part 4
Industry codes Division 4
Clause 87
Broadcasting Services Act 1992 315
(ii) otherwise deal with the performance or conduct of
participants in that section of the industry; and
(b) in the absence of the request, it is unlikely that an industry
code would be developed within a reasonable period.
(4) The ACMA may vary a notice under subclause (1) by extending
the period specified in the notice.
(5) Subclause (4) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901.
(6) A notice under subclause (1) may specify indicative targets for
achieving progress in the development of the code (for example, a
target of 60 days to develop a preliminary draft of the code).
87 Publication of notice where no body or association represents a
section of the content industry
(1) If the ACMA is satisfied that a particular section of the content
industry is not represented by a body or association, the ACMA
may publish a notice on the ACMA’s website:
(a) stating that, if such a body or association were to come into
existence within a specified period, the ACMA would be
likely to give a notice to that body or association under
subclause 86(1); and
(b) setting out the matter or matters relating to the content
activities of those providers that would be likely to be
specified in the subclause 86(1) notice.
(2) The period specified in a notice under subclause (1) must run for at
least 60 days.
88 Replacement of industry codes
(1) Changes to an industry code are to be achieved by replacing the
code instead of varying the code.
(2) If the replacement code differs only in minor respects from the
original code, clause 85 has effect, in relation to the registration of
the code, as if paragraphs 85(1)(e) and (f) of this Schedule had not
been enacted.
Note: Paragraphs 85(1)(e) and (f) deal with submissions about draft codes.
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Schedule 7 Content services
Part 4 Industry codes and industry standards
Division 4 Industry codes
Clause 89
316 Broadcasting Services Act 1992
89 Compliance with industry codes
(1) If:
(a) a person is a participant in a particular section of the content
industry; and
(b) the ACMA is satisfied that the person has contravened, or is
contravening, an industry code that:
(i) is registered under this Part; and
(ii) applies to participants in that section of the industry;
the ACMA may, by written notice given to the person, direct the
person to comply with the industry code.
(2) A person must comply with a direction under subclause (1).
(3) Subclause (2) is a designated content/hosting service provider rule.
Note: For enforcement, see Part 6 of this Schedule.
90 Formal warnings—breach of industry codes
(1) This clause applies to a person who is a participant in a particular
section of the content industry.
(2) The ACMA may issue a formal warning if the person contravenes
an industry code registered under this Part.
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Content services Schedule 7
Industry codes and industry standards Part 4
Industry standards Division 5
Clause 91
Broadcasting Services Act 1992 317
Division 5—Industry standards
91 ACMA may determine an industry standard if a request for an
industry code is not complied with
(1) This clause applies if:
(a) the ACMA has made a request under subclause 86(1) in
relation to the development of a code that is to:
(i) apply to participants in a particular section of the
content industry; and
(ii) deal with one or more matters relating to the content
activities of those participants; and
(b) any of the following conditions is satisfied:
(i) the request is not complied with;
(ii) if indicative targets for achieving progress in the
development of the code were specified in the notice of
request—any of those indicative targets were not met;
(iii) the request is complied with, but the ACMA
subsequently refuses to register the code; and
(c) the ACMA is satisfied that it is necessary or convenient for
the ACMA to determine a standard in order to:
(i) provide appropriate community safeguards in relation to
that matter or those matters; or
(ii) otherwise regulate adequately participants in that
section of the industry in relation to that matter or those
matters.
(2) The ACMA may, by legislative instrument, determine a standard
that applies to participants in that section of the industry and deals
with that matter or those matters. A standard under this subclause
is to be known as an industry standard.
(3) Before determining an industry standard under this clause, the
ACMA must consult the body or association to whom the request
mentioned in paragraph (1)(a) was made.
(4) The Minister may, by legislative instrument, give the ACMA a
written direction as to the exercise of its powers under this clause.
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Schedule 7 Content services
Part 4 Industry codes and industry standards
Division 5 Industry standards
Clause 92
318 Broadcasting Services Act 1992
92 ACMA may determine industry standard where no industry
body or association formed
(1) This clause applies if:
(a) the ACMA is satisfied that a particular section of the content
industry is not represented by a body or association; and
(b) the ACMA has published a notice under subclause 87(1); and
(c) that notice:
(i) states that, if such a body or association were to come
into existence within a particular period, the ACMA
would be likely to give a notice to that body or
association under subclause 86(1); and
(ii) sets out one or more matters relating to the content
activities of participants in that section of the industry;
and
(d) no such body or association comes into existence within that
period; and
(e) the ACMA is satisfied that it is necessary or convenient for
the ACMA to determine a standard in order to:
(i) provide appropriate community safeguards in relation to
that matter or those matters; or
(ii) otherwise regulate adequately participants in that
section of the industry in relation to that matter or those
matters.
(2) The ACMA may, by legislative instrument, determine a standard
that applies to participants in that section of the industry and deals
with that matter or those matters. A standard under this subclause
is to be known as an industry standard.
(3) The Minister may, by legislative instrument, give the ACMA a
written direction as to the exercise of its powers under this clause.
93 ACMA may determine industry standards—total failure of
industry codes
(1) This clause applies if:
(a) an industry code that:
(i) applies to participants in a particular section of the
content industry; and
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Content services Schedule 7
Industry codes and industry standards Part 4
Industry standards Division 5
Clause 93
Broadcasting Services Act 1992 319
(ii) deals with one or more matters relating to the content
activities of those participants;
has been registered under this Part for at least 180 days; and
(b) the ACMA is satisfied that the code is totally deficient (as
defined by subclause (6)); and
(c) the ACMA has given the body or association that developed
the code a written notice requesting that deficiencies in the
code be addressed within a specified period; and
(d) that period ends and the ACMA is satisfied that it is
necessary or convenient for the ACMA to determine a
standard that applies to participants in that section of the
industry and deals with that matter or those matters.
(2) The period specified in a notice under paragraph (1)(c) must run
for at least 30 days.
(3) The ACMA may, by legislative instrument, determine a standard
that applies to participants in that section of the industry and deals
with that matter or those matters. A standard under this subclause
is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or association represents that
section of the industry, the ACMA must consult the body or
association before determining an industry standard under
subclause (3).
(5) The industry code ceases to be registered under this Part on the day
on which the industry standard comes into force.
(6) For the purposes of this clause, an industry code that applies to
participants in a particular section of the content industry and deals
with one or more matters relating to the content activities of those
participants is totally deficient if, and only if:
(a) the code is not operating to provide appropriate community
safeguards in relation to that matter or those matters; or
(b) the code is not otherwise operating to regulate adequately
participants in that section of the industry in relation to that
matter or those matters.
(7) The Minister may, by legislative instrument, give the ACMA a
written direction as to the exercise of its powers under this clause.
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Schedule 7 Content services
Part 4 Industry codes and industry standards
Division 5 Industry standards
Clause 94
320 Broadcasting Services Act 1992
94 ACMA may determine industry standards—partial failure of
industry codes
(1) This clause applies if:
(a) an industry code that:
(i) applies to participants in a particular section of the
content industry; and
(ii) deals with 2 or more matters relating to the content
activities of those participants;
has been registered under this Part for at least 180 days; and
(b) clause 93 does not apply to the code; and
(c) the ACMA is satisfied that the code is deficient (as defined
by subclause (6)) to the extent to which the code deals with
one or more of those matters (the deficient matter or
deficient matters); and
(d) the ACMA has given the body or association that developed
the code a written notice requesting that deficiencies in the
code be addressed within a specified period; and
(e) that period ends and the ACMA is satisfied that it is
necessary or convenient for the ACMA to determine a
standard that applies to participants in that section of the
industry and deals with the deficient matter or deficient
matters.
(2) The period specified in a notice under paragraph (1)(d) must run
for at least 30 days.
(3) The ACMA may, by legislative instrument, determine a standard
that applies to participants in that section of the industry and deals
with the deficient matter or deficient matters. A standard under this
subclause is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or association represents that
section of the industry, the ACMA must consult the body or
association before determining an industry standard under
subclause (3).
(5) On and after the day on which the industry standard comes into
force, the industry code has no effect to the extent to which it deals
with the deficient matter or deficient matters. However, this
subclause does not affect:
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Content services Schedule 7
Industry codes and industry standards Part 4
Industry standards Division 5
Clause 95
Broadcasting Services Act 1992 321
(a) the continuing registration of the remainder of the industry
code; or
(b) any investigation, proceeding or remedy in respect of a
contravention of the industry code or clause 89 that occurred
before that day.
(6) For the purposes of this clause, an industry code that applies to
participants in a particular section of the content industry and deals
with 2 or more matters relating to the content activities of those
participants is deficient to the extent to which it deals with a
particular one of those matters if, and only if:
(a) the code is not operating to provide appropriate community
safeguards in relation to that matter; or
(b) the code is not otherwise operating to regulate adequately
participants in that section of the industry in relation to that
matter.
(7) The Minister may, by legislative instrument, give the ACMA a
written direction as to the exercise of its powers under this clause.
95 Compliance with industry standards
(1) If:
(a) an industry standard that applies to participants in a particular
section of the content industry is registered under this Part;
and
(b) a person is a participant in that section of the content
industry;
the person must comply with the industry standard.
Note: For enforcement, see Part 6 of this Schedule.
(2) Subclause (1) is a designated content/hosting service provider rule.
96 Formal warnings—breach of industry standards
(1) This clause applies to a person who is a participant in a particular
section of the content industry.
(2) The ACMA may issue a formal warning if the person contravenes
an industry standard registered under this Part.
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Schedule 7 Content services
Part 4 Industry codes and industry standards
Division 5 Industry standards
Clause 97
322 Broadcasting Services Act 1992
97 Variation of industry standards
The ACMA may, by legislative instrument, vary an industry
standard that applies to participants in a particular section of the
content industry if it is satisfied that it is necessary or convenient to
do so to:
(a) provide appropriate community safeguards in relation to one
or more matters relating to the content activities of those
participants; and
(b) otherwise regulate adequately those participants in relation to
one or more matters relating to the content activities of those
participants.
98 Revocation of industry standards
(1) The ACMA may, by legislative instrument, revoke an industry
standard.
(2) If:
(a) an industry code is registered under this Part; and
(b) the code is expressed to replace an industry standard;
the industry standard is revoked when the code is registered.
99 Public consultation on industry standards
(1) Before determining or varying an industry standard, the ACMA
must:
(a) make a copy of the draft available on its website; and
(b) publish a notice on its website:
(i) stating that the ACMA has prepared a draft of the
industry standard or variation; and
(ii) inviting interested persons to give written comments
about the draft to the ACMA within the period specified
in the notice.
(2) The period specified in the notice must run for at least 30 days
after the publication of the notice.
(3) Subclause (1) does not apply to a variation if the variation is of a
minor nature.
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Content services Schedule 7
Industry codes and industry standards Part 4
Industry standards Division 5
Clause 100
Broadcasting Services Act 1992 323
(4) If interested persons have given comments in accordance with a
notice under subclause (1), the ACMA must have due regard to
those comments in determining or varying the industry standard, as
the case may be.
100 Consultation with designated body
(1) Before determining or varying an industry standard, the ACMA
must consult the designated body.
(2) Before revoking an industry standard under subclause 98(1), the
ACMA must consult the designated body.
Note: Designated body is defined by clause 79.
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Schedule 7 Content services
Part 4 Industry codes and industry standards
Division 6 Register of industry codes and industry standards
Clause 101
324 Broadcasting Services Act 1992
Division 6—Register of industry codes and industry
standards
101 ACMA to maintain Register of industry codes and industry
standards
(1) The ACMA is to maintain a Register in which the ACMA
includes:
(a) all industry codes required to be registered under this Part;
and
(b) all industry standards; and
(c) all requests made under clause 86; and
(d) all notices under clause 87; and
(e) all directions under clause 89.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
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Content services Schedule 7
Industry codes and industry standards Part 4
Miscellaneous Division 7
Clause 102
Broadcasting Services Act 1992 325
Division 7—Miscellaneous
102 Industry codes may provide for matters by reference to other
instruments
Section 589 of the Telecommunications Act 1997 applies to an
industry code in a corresponding way to the way in which it applies
to an instrument under that Act.
103 Industry standards may provide for matters by reference to
other instruments
Section 589 of the Telecommunications Act 1997 applies to an
industry standard in a corresponding way to the way in which it
applies to an instrument under that Act.
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Schedule 7 Content services
Part 5 Designated content/hosting service provider determinations
Clause 104
326 Broadcasting Services Act 1992
Part 5—Designated content/hosting service
provider determinations
104 Designated content/hosting service provider determinations
(1) The ACMA may, by legislative instrument, determine rules that
apply to designated content/hosting service providers in relation to
the provision of designated content/hosting services.
(2) A determination under subclause (1) is called a designated
content/hosting service provider determination.
(3) A designated content/hosting service provider determination has
effect only to the extent that:
(a) it is authorised by paragraph 51(v) of the Constitution (either
alone or when read together with paragraph 51(xxxix) of the
Constitution); or
(b) both:
(i) it is authorised by section 122 of the Constitution; and
(ii) it would have been authorised by paragraph 51(v) of the
Constitution (either alone or when read together with
paragraph 51(xxxix) of the Constitution) if section 51 of
the Constitution extended to the Territories.
(4) The ACMA must not make a designated content/hosting service
provider determination unless the determination relates to a matter
specified in the regulations.
(5) A designated content/hosting service provider determination may
make provision for or in relation to a particular matter by
empowering the ACMA to make decisions of an administrative
character.
105 Exemptions from designated content/hosting service provider
determinations
(1) The Minister may, by legislative instrument, determine that a
specified designated content/hosting service provider is exempt
from designated content/hosting service provider determinations.
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Content services Schedule 7
Designated content/hosting service provider determinations Part 5
Clause 105
Broadcasting Services Act 1992 327
(2) The Minister may, by legislative instrument, determine that a
specified designated content/hosting service provider is exempt
from a specified designated content/hosting service provider
determination.
(3) A determination under this clause may be unconditional or subject
to such conditions (if any) as are specified in the determination.
(4) A determination under this clause has effect accordingly.
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Schedule 7 Content services
Part 6 Enforcement
Clause 106
328 Broadcasting Services Act 1992
Part 6—Enforcement
106 Compliance with designated content/hosting service provider
rules—offence
(1) A person commits an offence if:
(a) the person is a designated content/hosting service provider;
and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes a designated
content/hosting service provider rule that applies to the
person.
Penalty: 100 penalty units.
(2) A person who contravenes subclause (1) commits a separate
offence in respect of each day (including a day of a conviction for
the offence or any later day) during which the contravention
continues.
107 Compliance with designated content/hosting service provider
rules—civil penalty provision
(1) A person must not contravene a designated content/hosting service
provider rule if:
(a) the person is a designated content/hosting service provider;
and
(b) the rule applies to the person.
(2) Subclause (1) is a civil penalty provision.
(3) A person who contravenes subclause (1) commits a separate
contravention of that subclause in respect of each day (including a
day of the making of a relevant civil penalty order or any
subsequent day) during which the contravention continues.
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Content services Schedule 7
Enforcement Part 6
Clause 108
Broadcasting Services Act 1992 329
108 Remedial directions—breach of designated content/hosting
service provider rules
(1) This clause applies if the ACMA is satisfied that a designated
content/hosting service provider has contravened, or is
contravening, a designated content/hosting service provider rule
that applies to the provider.
(2) The ACMA may give the designated content/hosting service
provider a written direction requiring the provider to take specified
action directed towards ensuring that the provider does not
contravene the rule, or is unlikely to contravene the rule, in the
future.
(3) The following are examples of the kinds of direction that may be
given to a designated content/hosting service provider under
subclause (2):
(a) a direction that the provider implement effective
administrative systems for monitoring compliance with a
designated content/hosting service provider rule;
(b) a direction that the provider implement a system designed to
give the provider’s employees, agents and contractors a
reasonable knowledge and understanding of the requirements
of a designated content/hosting service provider rule, in so
far as those requirements affect the employees, agents or
contractors concerned.
Offence
(4) A person commits an offence if:
(a) the person is subject to a direction under subclause (2); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the direction.
Penalty: 100 penalty units.
(5) A person who contravenes subclause (4) commits a separate
offence in respect of each day (including a day of a conviction for
the offence or any later day) during which the contravention
continues.
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Schedule 7 Content services
Part 6 Enforcement
Clause 109
330 Broadcasting Services Act 1992
Civil penalty
(6) A person must comply with a direction under subclause (2).
(7) Subclause (6) is a civil penalty provision.
(8) A person who contravenes subclause (6) commits a separate
contravention of that subclause in respect of each day (including a
day of the making of a relevant civil penalty order or any
subsequent day) during which the contravention continues.
109 Formal warnings—breach of designated content/hosting service
provider rules
The ACMA may issue a formal warning to a person if the ACMA
is satisfied that the person has contravened, or is contravening, a
designated content/hosting service provider rule that applies to the
person.
110 Federal Court may order a person to cease providing designated
content/hosting services
(1) If the ACMA is satisfied that a person is providing a designated
content/hosting service otherwise than in accordance with a
designated content/hosting service provider rule that applies to the
person, the ACMA may apply to the Federal Court for an order
that the person cease providing that designated content/hosting
service.
(2) If the Federal Court is satisfied, on such an application, that the
person is providing a designated content/hosting service otherwise
than in accordance with a designated content/hosting service
provider rule that applies to the person, the Federal Court may
order the person to cease providing that designated content/hosting
service.
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Content services Schedule 7
Protection from civil and criminal proceedings Part 7
Clause 111
Broadcasting Services Act 1992 331
Part 7—Protection from civil and criminal
proceedings
111 Protection from civil proceedings—service providers
Hosting service provider
(1) Civil proceedings do not lie against a hosting service provider in
respect of anything done by the provider in compliance with
clause 53.
Live content service provider
(2) Civil proceedings do not lie against a live content service provider
in respect of anything done by the provider in compliance with
clause 60.
Links service provider
(3) Civil proceedings do not lie against a links service provider in
respect of anything done by the provider in compliance with
clause 68.
112 Protection from criminal proceedings—ACMA, Classification
Board and Classification Review Board
(1) For the purposes of this clause, each of the following is a protected
person:
(a) the ACMA;
(b) a member or associate member of the ACMA;
(c) a member of the staff of the ACMA;
(d) a consultant engaged to assist in the performance of the
ACMA’s broadcasting, content and datacasting functions (as
defined in the Australian Communications and Media
Authority Act 2005);
(e) an officer whose services are made available to the ACMA
under paragraph 55(1)(a) of the Australian Communications
and Media Authority Act 2005;
(f) a member or temporary member of the Classification Board;
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Schedule 7 Content services
Part 7 Protection from civil and criminal proceedings
Clause 112
332 Broadcasting Services Act 1992
(g) a member of staff assisting the Classification Board or
Classification Review Board as mentioned in section 88A of
the Classification (Publications, Films and Computer
Games) Act 1995;
(h) a consultant engaged to assist in the performance of the
functions of the Classification Board or the functions of the
Classification Review Board;
(i) an officer whose services are made available to the
Classification Board under subsection 54(3) of the
Classification (Publications, Films and Computer Games)
Act 1995;
(j) a member of the Classification Review Board.
(2) Criminal proceedings do not lie against a protected person for or in
relation to:
(a) the collection of content or material; or
(b) the possession of content or material; or
(c) the distribution of content or material; or
(d) the delivery of content or material; or
(e) the copying of content or material; or
(f) the doing of any other thing in relation to content or material;
in connection with the exercise of a power, or the performance of a
function, conferred on the ACMA, the Classification Board or the
Classification Review Board by this Schedule or Schedule 5 to this
Act.
Definition
(3) In this clause:
possession includes have in custody or control.
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Content services Schedule 7
Review of decisions Part 8
Clause 113
Broadcasting Services Act 1992 333
Part 8—Review of decisions
113 Review by the Administrative Appeals Tribunal
Decisions under Division 3 of Part 3
(1) An application may be made to the Administrative Appeals
Tribunal for a review of any of the following decisions made by
the ACMA:
(a) a decision to give a hosting service provider an interim
take-down notice;
(b) a decision to give a hosting service provider a final
take-down notice;
(c) a decision to give a hosting service provider a special
take-down notice;
(d) a decision under subclause 47(2) or (3) to apply to the
Classification Board for classification of content hosted by a
hosting service provider.
(2) An application under subclause (1) may only be made by the
hosting service provider concerned.
Decisions under Division 4 of Part 3
(3) An application may be made to the Administrative Appeals
Tribunal for a review of any of the following decisions made by
the ACMA:
(a) a decision to give a live content service provider an interim
service-cessation notice;
(b) a decision to give a live content service provider a final
service-cessation notice;
(ba) a decision to give a live content service provider a special
service-cessation notice;
(c) a decision under subclause 56(2) or (3) to apply to the
Classification Board for classification of content provided by
a live content service.
(4) An application under subclause (3) may only be made by the live
content service provider concerned.
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Schedule 7 Content services
Part 8 Review of decisions
Clause 113
334 Broadcasting Services Act 1992
Decisions under Division 5 of Part 3
(5) An application may be made to the Administrative Appeals
Tribunal for a review of any of the following decisions made by
the ACMA:
(a) a decision to give a links service provider an interim
link-deletion notice;
(b) a decision to give a links service provider a final
link-deletion notice;
(c) a decision to give a links service provider a special
link-deletion notice;
(d) a decision under subclause 62(2) or (3) to apply to the
Classification Board for classification of content that can be
accessed using a link provided by a links service.
(6) An application under subclause (5) may only be made by the links
service provider concerned.
Decisions under clause 85
(7) An application may be made to the Administrative Appeals
Tribunal for a review of a decision of the ACMA under clause 85
to refuse to register a code.
(8) An application under subclause (7) may only be made by the body
or association that developed the code.
Decisions under clause 89
(9) An application may be made to the Administrative Appeals
Tribunal for a review of a decision of the ACMA under clause 89
to:
(a) give a direction to a designated content/hosting service
provider; or
(b) vary a direction that is applicable to a designated
content/hosting service provider; or
(c) refuse to revoke a direction that is applicable to a designated
content/hosting service provider.
(10) An application under subclause (9) may only be made by the
designated content/hosting service provider concerned.
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Content services Schedule 7
Review of decisions Part 8
Clause 113
Broadcasting Services Act 1992 335
Decisions under subclause 104(5) or clause 108
(11) An application may be made to the Administrative Appeals
Tribunal for a review of any of the following decisions made by
the ACMA:
(a) a decision of a kind referred to in subclause 104(5) (which
deals with decisions under designated content/hosting service
provider determinations), where the decision relates to a
designated content/hosting service provider;
(b) a decision under clause 108 to:
(i) give a direction to a designated content/hosting service
provider; or
(ii) vary a direction that is applicable to a designated
content/hosting service provider; or
(iii) refuse to revoke a direction that is applicable to a
designated content/hosting service provider.
(12) An application under subclause (11) may only be made by the
designated content/hosting service provider concerned.
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Schedule 7 Content services
Part 9 Miscellaneous
Clause 114
336 Broadcasting Services Act 1992
Part 9—Miscellaneous
114 Additional ACMA functions
The ACMA has the following functions:
(a) to monitor compliance with codes and standards registered
under Part 4 of this Schedule;
(b) to advise and assist parents and responsible adults in relation
to the supervision and control of children’s access to content
services;
(c) to conduct and/or co-ordinate community education
programs about content services, in consultation with
relevant industry and consumer groups and government
agencies;
(d) to conduct and/or commission research into issues relating to
content services;
(e) to liaise with regulatory and other relevant bodies overseas
about co-operative arrangements for the regulation of the
commercial content services industry, including (but not
limited to) collaborative arrangements to develop:
(i) multilateral codes of practice; and
(ii) content labelling technologies;
(f) to inform itself and advise the Minister on technological
developments and service trends in the commercial content
services industry.
115 Recordings of content etc.
Recordings of live content
(1) The ACMA may:
(a) make a recording of live content, or of a segment of live
content, for the purposes of:
(i) an investigation under Division 2 of Part 3; or
(ii) an application to the Classification Board under
clause 22; and
(b) make one or more copies of such a recording for the purposes
of:
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Content services Schedule 7
Miscellaneous Part 9
Clause 116
Broadcasting Services Act 1992 337
(i) an investigation under Division 2 of Part 3; or
(ii) an application to the Classification Board under
clause 22.
Copies of stored content
(2) The ACMA may make one or more copies of stored content for the
purposes of:
(a) an investigation under Division 2 of Part 3; or
(b) an application to the Classification Board under clause 22.
Copyright
(3) The ACMA does not infringe copyright if it does anything
authorised by subclause (1) or (2).
116 Samples of content to be submitted for classification
The ACMA must, from time to time:
(a) select samples of content that have been the subject of
complaints under clause 37; and
(b) apply to the Classification Board under clause 22 for
classification of that content.
117 Service of summons, process or notice on corporations
incorporated outside Australia
(1) This clause applies to:
(a) a summons or process in any proceedings under, or
connected with, this Schedule; or
(b) a notice under this Schedule;
where:
(c) the summons, process or notice, as the case may be, is
required to be served on, or given to, a body corporate
incorporated outside Australia; and
(d) the body corporate does not have a registered office or a
principal office in Australia; and
(e) the body corporate has an agent in Australia.
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Schedule 7 Content services
Part 9 Miscellaneous
Clause 117A
338 Broadcasting Services Act 1992
(2) The summons, process or notice, as the case may be, is taken to
have been served on, or given to, the body corporate if it is served
on, or given to, the agent.
(3) Subclause (2) has effect in addition to section 28A of the Acts
Interpretation Act 1901.
Note: Section 28A of the Acts Interpretation Act 1901 deals with the service
of documents.
117A Meaning of broadcasting service
Disregard the following provisions of this Schedule in determining
the meaning of the expression broadcasting service:
(a) clause 9A;
(b) subparagraph 20(1)(c)(vi).
118 Review
(1) Within 3 years after the commencement of this Schedule, the
Minister must cause to be conducted a review of the following
matters:
(a) the operation of this Schedule;
(b) whether this Schedule should be amended or repealed.
(2) The Minister must cause to be prepared a report of a review under
subclause (1).
(3) The Minister must cause copies of a report to be tabled in each
House of the Parliament within 15 sitting days of that House after
the completion of the report.
119 This Schedule does not limit Schedule 5
This Schedule does not limit the operation of Schedule 5.
120 This Schedule does not limit the Telecommunications Act 1997
This Schedule does not limit the operation of the
Telecommunications Act 1997.
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Content services Schedule 7
Miscellaneous Part 9
Clause 121
Broadcasting Services Act 1992 339
121 Implied freedom of political communication
(1) This Schedule does not apply to the extent (if any) that it would
infringe any constitutional doctrine of implied freedom of political
communication.
(2) Subclause (1) does not limit the application of section 15A of the
Acts Interpretation Act 1901 to this Act.
122 Concurrent operation of State and Territory laws
It is the intention of the Parliament that this Schedule is not to
apply to the exclusion of a law of a State or Territory to the extent
to which that law is capable of operating concurrently with this
Schedule.
123 Schedule not to affect performance of State or Territory
functions
A power conferred by this Schedule must not be exercised in such
a way as to prevent the exercise of the powers, or the performance
of the functions, of government of a State, the Northern Territory,
the Australian Capital Territory or Norfolk Island.
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Endnotes
Endnote 1—About the endnotes
340 Broadcasting Services Act 1992
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions.
The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word ―none‖ will
appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in
the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended the compiled law. The information includes commencement
information for amending laws and details of application, saving or transitional
provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision level. It also includes information about any provisions that have
expired or otherwise ceased to have effect in accordance with a provision of the
compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the
compiled law, but the text of the amendments is included in endnote 5.
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Endnotes
Endnote 1—About the endnotes
Broadcasting Services Act 1992 341
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the
modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment
cannot be incorporated into the text of the compilation. Any misdescribed
amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader
of the compilation.
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Endnotes
Endnote 2—Abbreviation key
342 Broadcasting Services Act 1992
Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)
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Endnotes
Endnote 3—Legislation history
Broadcasting Services Act 1992 343
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Broadcasting Services Act
1992
110, 1992 14 July 1992 ss. 4, 5, 7–92 and 117–218:
5 Oct 1992 (see Gazette
1992, No. GN38)
Remainder: Royal Assent
Radiocommunications
(Transitional Provisions and
Consequential
Amendments) Act 1992
167, 1992 11 Dec 1992 1 July 1993 —
Broadcasting Services
(Subscription Television
Broadcasting) Amendment
Act 1992
171, 1992 11 Dec 1992 11 Dec 1992 —
Transport and
Communications
Legislation Amendment Act
(No. 3) 1992
216, 1992 24 Dec 1992 ss. 10–13, 15–18 and 20:
Royal Assent (a)
ss. 14 and 19: 24 June 1993
(a)
—
Tobacco Advertising
Prohibition Act 1992
218, 1992 24 Dec 1992 ss. 36 and 37: 1 July 1993
(b)
—
Broadcasting Services
Amendment Act 1993
1, 1993 14 May 1993 14 May 1993 —
Broadcasting Services
Amendment Act (No. 2)
1993
2, 1993 14 May 1993 14 May 1993 —
Communications and the
Arts Legislation
Amendment Act (No. 1)
1995
32, 1995 12 Apr 1995 s. 3 (items 6–51): Royal
Assent (c)
—
Competition Policy Reform
Act 1995
88, 1995 20 July 1995 s. 77: 6 Nov 1995 (see
Gazette 1995, No. S423) (d)
—
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Endnotes
Endnote 3—Legislation history
344 Broadcasting Services Act 1992
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Broadcasting Services
Amendment Act 1995
139, 1995 8 Dec 1995 ss. 1, 2, 8, 9, 12(1), 13 and
14: Royal Assent
Remainder: 5 Jan 1996
ss. 3(2) and
14–16
Telecommunications
(Transitional Provisions and
Consequential
Amendments) Act 1997
59, 1997 3 May 1997 Schedule 1 (items 7–12):
1 July 1997 (e)
Schedule 1 (items 13, 14):
(e)
—
Broadcasting Services
Amendment Act 1997
115, 1997 7 July 1997 7 July 1997 Sch. 1
(item 5)
Communications
Legislation Amendment Act
(No. 1) 1997
119, 1997 7 July 1997 4 Aug 1997 —
Broadcasting Services
Legislation Amendment Act
1997
143, 1997 8 Oct 1997 8 Oct 1997 Sch. 1
(items 8, 9)
Audit (Transitional and
Miscellaneous) Amendment
Act 1997
152, 1997 24 Oct 1997 Schedule 2 (items 597–604):
1 Jan 1998 (see Gazette
1997, No. GN49) (f)
—
Broadcasting Services
Amendment Act (No. 2)
1997
180, 1997 27 Nov 1997 25 Dec 1997 —
Financial Sector Reform
(Consequential
Amendments) Act 1998
48, 1998 29 June 1998 Schedule 1 (item 24):
1 July 1998 (see Gazette
1998, No. S316) (g)
—
Television Broadcasting
Services (Digital
Conversion) Act 1998
99, 1998 27 July 1998 27 July 1998 Sch. 1
(item 7)
Broadcasting Services
Amendment (Online
Services) Act 1999
90, 1999 16 July 1999 16 July 1999 —
Broadcasting Services
Amendment Act (No. 2)
1999
122, 1999 13 Oct 1999 13 Oct 1999 —
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Endnotes
Endnote 3—Legislation history
Broadcasting Services Act 1992 345
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Public Employment
(Consequential and
Transitional) Amendment
Act 1999
146, 1999 11 Nov 1999 Schedule 1 (items 282, 283):
5 Dec 1999 (see Gazette
1999, No. S584) (h)
—
Corporate Law Economic
Reform Program Act 1999
156, 1999 24 Nov 1999 Schedule 10 (item 68):
13 Mar 2000 (see Gazette
2000, No. S114) (i)
—
Broadcasting Services
Amendment Act (No. 1)
1999
197, 1999 23 Dec 1999 Schedule 2: 20 Jan 2000
Schedule 3 (items 14–19):
(j)
Remainder: Royal Assent
Sch. 3
(items 10, 11,
19)
Broadcasting Services
Amendment Act (No. 3)
1999
198, 1999 23 Dec 1999 Schedule 1 (items 6–19):
1 July 2000
Schedule 1 (items 20, 22):
1 July 2001
Schedule 1 (item 21): (k)
Remainder: Royal Assent
Sch. 1
(items 5, 19,
22)
Broadcasting Services
Amendment (Digital
Television and Datacasting)
Act 2000
108, 2000 3 Aug 2000 Schedule 1 (items 75, 137,
137A, 142, 143): Royal
Assent
Schedule 1 (items 134A–
134D, 136A, 136B, 136D–
136J, 139A, 139D, 139E):
3 Feb 2001
Remainder: 1 Jan 2001 (see
Gazette 2000, No. GN50)
Sch. 1
(items 141–
145)
Criminal Code Amendment
(Theft, Fraud, Bribery and
Related Offences) Act 2000
137, 2000 24 Nov 2000 ss. 1–3 and Schedule 1
(items 1, 4, 6, 7, 9–11, 32):
Royal Assent
Remainder: 24 May 2001
Sch. 2
(items 418,
419)
Broadcasting Services
Amendment Act 2000
172, 2000 21 Dec 2000 Schedule 2: (l)
Remainder: Royal Assent
Sch. 1
(item 36)
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Endnotes
Endnote 3—Legislation history
346 Broadcasting Services Act 1992
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Communications and the
Arts Legislation
Amendment (Application of
Criminal Code) Act 2001
5, 2001 20 Mar 2001 Schedule 1 (items 18–26,
28–38): (m)
Schedule 1 (item 27):
1 July 2001 (m)
s. 4
Classification (Publications,
Films and Computer
Games) Amendment Act
(No. 1) 2001
13, 2001 22 Mar 2001 22 Mar 2002 —
Broadcasting Legislation
Amendment Act 2001
23, 2001 6 Apr 2001 6 Apr 2001 —
Corporations (Repeals,
Consequentials and
Transitionals) Act 2001
55, 2001 28 June 2001 ss. 4–14 and Schedule 3
(items 88–93): 15 July 2001
(see Gazette 2001, No.
S285) (n)
ss. 4–14
Broadcasting Legislation
Amendment Act (No. 2)
2001
92, 2001 20 July 2001 20 July 2001 ss. 4 and 5
Financial Sector (Collection
of Data–Consequential and
Transitional Provisions) Act
2001
121, 2001 24 Sept 2001 ss. 1–3: Royal Assent
Remainder: 1 July 2002 (see
s. 2(2) and Gazette 2002,
No. GN24)
—
Broadcasting Legislation
Amendment Act (No. 2)
2002
120, 2002 2 Dec 2002 Schedules 1 and 2:
30 Dec 2002
Remainder: Royal Assent
Sch. 1
(item 16) and
Sch. 2
(items 11, 12)
Broadcasting Legislation
Amendment Act (No. 1)
2002
126, 2002 10 Dec 2002 10 Dec 2002 —
Broadcasting Legislation
Amendment Act (No. 1)
2003
4, 2003 26 Feb 2003 26 Feb 2003 —
Therapeutic Goods
Amendment Act (No. 1)
2003
39, 2003 27 May 2003 Schedule 2: 27 Nov 2003 Sch. 2
(item 3)
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Endnotes
Endnote 3—Legislation history
Broadcasting Services Act 1992 347
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Communications
Legislation Amendment Act
(No. 3) 2003
108, 2003 24 Oct 2003 Schedule 1 (items 1–7):
12 Dec 2003 (see Gazette
2003, No. GN49)
Schedule 1 (items 25–48):
21 Nov 2003
Remainder: Royal Assent
Sch. 1
(item 24)
Classification (Publications,
Films and Computer
Games) Amendment Act
2004
61, 2004 26 May 2004 Schedules 1 and 2:
26 May 2005
Remainder: Royal Assent
Sch. 2
(items 30–32)
US Free Trade Agreement
Implementation Act 2004
120, 2004 16 Aug 2004 Schedule 10: Royal Assent —
Crimes Legislation
Amendment
(Telecommunications
Offences and Other
Measures) Act (No. 2) 2004
127, 2004 31 Aug 2004 Schedule 1 (item 2):
1 Mar 2005
—
Financial Framework
Legislation Amendment Act
2005
8, 2005 22 Feb 2005 s. 4 and Schedule 1
(items 109, 496): Royal
Assent
s. 4 and Sch.
1 (item 496)
Broadcasting Services
Amendment
(Anti-Siphoning) Act 2005
43, 2005 1 Apr 2005 2 Apr 2005 Sch. 1
(item 2)
Australian Communications
and Media Authority
(Consequential and
Transitional Provisions) Act
2005
45, 2005 1 Apr 2005 Schedule 1 (items 6–58) and
Schedule 4: 1 July 2005 (o)
Schedule 2: (o)
Sch. 4
Broadcasting Services
Amendment (Subscription
Television Drama and
Community Broadcasting
Licences) Act 2006
71, 2006 23 June 2006 Schedule 1: 1 Jan 2006
Remainder: Royal Assent
Sch. 1
(item 62)
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Endnotes
Endnote 3—Legislation history
348 Broadcasting Services Act 1992
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Communications
Legislation Amendment
(Enforcement Powers) Act
2006
120, 2006 4 Nov 2006 Schedule 1: 4 Feb 2007
Remainder: Royal Assent
Sch. 1
(items 53, 54)
Broadcasting Legislation
Amendment Act (No. 1)
2006
127, 2006 4 Nov 2006 5 Nov 2006 —
Broadcasting Legislation
Amendment (Digital
Television) Act 2006
128, 2006 4 Nov 2006 Schedule 1 (items 1–20, 28,
28A): 5 Nov 2006
Schedule 2 (items 1A, 1–88,
88A, 93, 93A–93E):
1 Jan 2007
Schedule 2A (items 1–27):
4 May 2007
Schedule 3 (items 1–16):
1 Jan 2009
Sch. 1
(items 28,
28A) and
Sch. 2
(items 93,
93A–93E)
as amended by
Statute Law Revision Act
2008
73, 2008 3 July 2008 Schedule 2 (item 2): (p) —
Broadcasting Services
Amendment (Media
Ownership) Act 2006
129, 2006 4 Nov 2006 Schedule 1: 1 Feb 2007
Schedule 2: 4 Apr 2007 (see
F2007L00837)
Schedule 3: 1 Jan 2009
Remainder: Royal Assent
—
Broadcasting Services
Amendment (Collection of
Datacasting Transmitter
Licence Fees) Act 2006
153, 2006 8 Dec 2006 1 Jan 2007 —
Statute Law Revision Act
2007
8, 2007 15 Mar 2007 Schedule 1 (item 2): Royal
Assent
—
Classification (Publications,
Films and Computer
Games) Amendment Act
2007
27, 2007 15 Mar 2007 Schedule 1 (items 1–3, 16,
17): 1 July 2007 (see
F2007L01781)
Sch. 1
(items 16, 17)
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Endnotes
Endnote 3—Legislation history
Broadcasting Services Act 1992 349
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Broadcasting Legislation
Amendment Act 2007
28, 2007 15 Mar 2007 15 Mar 2007 —
Broadcasting Legislation
Amendment (Digital Radio)
Act 2007
68, 2007 28 May 2007 Schedule 1 (items 1–118,
183–185): 29 May 2007
Sch. 1
(items 183–
185)
Communications
Legislation Amendment
(Content Services) Act 2007
124, 2007 20 July 2007 Schedule 1 (items 8–77,
100–104): 20 Jan 2008
Schedule 1 (items 106, 107):
Royal Assent
Schedule 2 (item 1):
20 July 2008
Sch. 1
(items 100–
104, 106,
107)
Communications
Legislation Amendment
(Miscellaneous Measures)
Act 2008
72, 2008 3 July 2008 Schedule 1: 4 July 2008
Remainder: Royal Assent
Sch. 1
(item 5)
Statute Law Revision Act
2008
73, 2008 3 July 2008 Schedule 1 (items 15, 16):
Royal Assent
—
Broadcasting Legislation
Amendment (Digital Radio)
Act 2008
114, 2008 31 Oct 2008 1 Nov 2008 —
Same-Sex Relationships
(Equal Treatment in
Commonwealth Laws–
General Law Reform) Act
2008
144, 2008 9 Dec 2008 Schedule 3 (items 3–10):
10 Dec 2008
Sch. 3
(item 10)
Broadcasting Legislation
Amendment (Digital
Television Switch-over) Act
2008
158, 2008 18 Dec 2008 Schedule 1: 19 Dec 2008
Schedule 2: 16 Feb 2009
Remainder: Royal Assent
Sch. 2
(items 21, 22)
Statute Stocktake
(Regulatory and Other
Laws) Act 2009
111, 2009 16 Nov 2009 Schedule 1 (items 2–6):
17 Nov 2009
—
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Endnotes
Endnote 3—Legislation history
350 Broadcasting Services Act 1992
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Statute Law Revision Act
2010
8, 2010 1 Mar 2010 Schedule 1 (item 5) (Note)
and Schedule 5 (items 15–
26): Royal Assent
Schedule 5 (items 137, 138):
(q)
Sch. 5
(item 138)
Broadcasting Legislation
Amendment (Digital
Television) Act 2010
94, 2010 29 June 2010 Schedule 1 (items 1–134):
30 June 2010
Sch. 1
(item 134)
as amended by
Statute Law Revision Act
2011
5, 2011 22 Mar 2011 Schedule 2 (item 1): (r) —
Trade Practices Amendment
(Australian Consumer Law)
Act (No. 2) 2010
103, 2010 13 July 2010 Schedule 6 (items 1, 40–48):
1 Jan 2011
—
Statute Law Revision Act
2011
5, 2011 22 Mar 2011 Schedule 1 (item 10): Royal
Assent
—
Broadcasting Legislation
Amendment (Digital
Dividend and Other
Measures) Act 2011
36, 2011 26 May 2011 Schedule 1 (items 1–28),
Schedule 2 (items 2–60) and
Schedule 3: 27 May 2011
Sch. 3
Acts Interpretation
Amendment Act 2011
46, 2011 27 June 2011 Schedule 2 (items 293–313)
and Schedule 3 (items 10,
11): 27 Dec 2011
Sch. 3
(items 10, 11)
Broadcasting Services
Amendment (Review of
Future Uses of Broadcasting
Services Bands Spectrum)
Act 2011
177, 2011 5 Dec 2011 6 Dec 2011 —
Broadcasting Services
Amendment (Regional
Commercial Radio) Act
2012
34, 2012 15 Apr 2012 Schedule 1: 16 Apr 2012
Schedule 2: 15 Oct 2012
Remainder: Royal Assent
Sch. 1
(item 16) and
Sch. 2
(item 13)
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Endnotes
Endnote 3—Legislation history
Broadcasting Services Act 1992 351
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Broadcasting Services
Amendment (Improved
Access to Television
Services) Act 2012
83, 2012 28 June 2012 Schedule 1: 29 June 2012
Remainder: Royal Assent
Sch. 1
(items 14–16)
Broadcasting Services
Amendment (Digital
Television) Act 2012
88, 2012 28 June 2012 29 June 2012 Sch. 1
(items 8, 14)
Classification (Publications,
Films and Computer
Games) Amendment (R 18+
Computer Games) Act 2012
103, 2012 6 July 2012 Schedule 1 (item 5):
1 Jan 2013
—
Statute Law Revision Act
2012
136, 2012 22 Sept 2012 Schedule 1 (items 21–24):
Royal Assent
—
Australian Charities and
Not-for-profits Commission
(Consequential and
Transitional) Act 2012
169, 2012 3 Dec 2012 Schedule 2 (items 153, 154):
3 Dec 2012 (see s. 2(1))
Schedule 4 (item 12): [see
(s) and Endnote 5]
—
Federal Circuit Court of
Australia (Consequential
Amendments) Act 2013
13, 2013 14 Mar 2013 Schedule 1 (items 58, 59):
12 Apr 2013 (see s. 2(1))
—
Broadcasting Legislation
Amendment (Convergence
Review and Other
Measures) Act 2013
29, 2013 30 Mar 2013 Schedule 1 (items 1–14): 31
Mar 2013
Sch. 1
(items 12–14)
Broadcasting Legislation
Amendment (Digital
Dividend) Act 2013
51, 2013 28 May 2013 Schedule 1 (items 1–10):
1 Oct 2013
—
Sex Discrimination
Amendment (Sexual
Orientation, Gender Identity
and Intersex Status) Act
2013
98, 2013 28 June 2013 Schedule 1 (items 63A,
63B): 1 Aug 2013 (see
F2013L01435)
—
Statute Law Revision Act
2013
103, 2013 29 June 2013 Schedule 1 (items 24–28)
and Schedule 3 (items 34–
66, 343): Royal Assent
Sch. 3
(item 343)
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Endnotes
Endnote 3—Legislation history
352 Broadcasting Services Act 1992
(a) The Broadcasting Services Act 1992 was amended by sections 10–20 only of
the Transport and Communications Legislation Amendment Act (No. 3) 1992,
subsections 2(1) and (10) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(10) If the commencement of sections 14 and 19 is not fixed by Proclamation
published in the Gazette within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, those sections
commence on the first day after the end of that period.
(b) The Broadcasting Services Act 1992 was amended by sections 36 and 37 only
of the Tobacco Advertising Prohibition Act 1992, subsection 2(3) of which
provides as follows:
(3) Part 5 commences on 1 July 1993.
(c) The Broadcasting Services Act 1992 was amended by section 3 (items 6–51)
only of the Communications and the Arts Legislation Amendment Act (No. 1)
1995, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(d) The Broadcasting Services Act 1992 was amended by section 77 only of the
Competition Policy Reform Act 1995, subsection 2(2) of which provides as
follows:
(2) Part 3 commences on a day to be fixed by Proclamation. However, if
Part 3 does not commence by Proclamation within the period of 6
months beginning on the day on which this Act receives the Royal
Assent, then it commences on the first day after the end of that period.
(e) The Broadcasting Services Act 1992 was amended by Schedule 1 (items 7–
14) only of the Telecommunications (Transitional Provisions and
Consequential Amendments) Act 1997, subsections 2(2)(d) and (5) of which
provide as follows:
(2) The following provisions commence on 1 July 1997:
(d) Schedule 1;
(5) If the Broadcasting Services Amendment Act 1997 does not commence
before 1 July 1997, the amendments of section 171 of the Broadcasting
Services Act 1992 made by this Act commence immediately after the
commencement of the Broadcasting Services Amendment Act 1997.
The Broadcasting Services Amendment Act 1997 came into operation on
7 July 1997.
(f) The Broadcasting Services Act 1992 was amended by Schedule 2 (items 597–
604) only of the Audit (Transitional and Miscellaneous) Amendment Act
1997, subsection 2(2) of which provides as follows:
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Endnotes
Endnote 3—Legislation history
Broadcasting Services Act 1992 353
(2) Schedules 1, 2 and 4 commence on the same day as the Financial
Management and Accountability Act 1997.
(g) The Broadcasting Services Act 1992 was amended by Schedule 1 (item 24)
only of the Financial Sector Reform (Consequential Amendments) Act 1998,
subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the
commencement of the Australian Prudential Regulation Authority Act
1998.
(h) The Broadcasting Services Act 1992 was amended by Schedule 1 (items 282
and 283) only of the Public Employment (Consequential and Transitional)
Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service
Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(i) The Broadcasting Services Act 1992 was amended by Schedule 10 (item 68)
only of the Corporate Law Economic Reform Program Act 1999,
subsection 2(2)(c) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by
Proclamation:
(c) the items in Schedules 10, 11 and 12.
(j) Subsection 2(3) of the Broadcasting Services Amendment Act (No. 1) 1999
provides as follows:
(3) Part 2 of Schedule 3 commences immediately after the commencement
of the Copyright Amendment (Digital Agenda) Act 2000.
The Copyright Amendment (Digital Agenda) Act 2000 came into operation on
4 March 2001.
(k) Subsection 2(3)(a) of the Communications and the Arts Legislation
Amendment (Application of Criminal Code) Act 2001 provides as follows:
(3) If section 1 of this Act commences before 1 July 2001:
(a) item 21 of Schedule 1 to the Broadcasting Services Amendment Act
(No. 3) 1999 does not commence (despite section 2 of that Act);
Section 1 commenced on 24 May 2001.
(l) Subsection 2(2) of the Broadcasting Services Amendment Act 2000 provides
as follows:
(2) Schedule 2 commences immediately after the commencement of
item 140 of Schedule 1 to the Broadcasting Services Amendment (Digital
Television and Datacasting) Act 2000.
Schedule 1 (item 140) commenced on 1 January 2001 (see Gazette 2000, No.
GN50).
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 3—Legislation history
354 Broadcasting Services Act 1992
(m) The Broadcasting Services Act 1992 was amended by Schedule 1 (items 18–
38) only of the Communications and the Arts Legislation Amendment
(Application of Criminal Code) Act 2001, subsections 2(1)(a) and (3)(b) of
which provide as follows:
(1) Subject to this section, this Act commences at the latest of the following
times:
(a) immediately after the commencement of item 15 of Schedule 1 to the
Criminal Code Amendment (Theft, Fraud, Bribery and Related
Offences) Act 2000;
(3) If section 1 of this Act commences before 1 July 2001:
(b) item 27 of Schedule 1 to this Act commences on 1 July 2001.
Item 15 commenced on 24 May 2001.
(n) The Broadcasting Services Act 1992 was amended by Schedule 3 (items 88–
93) only of the Corporations (Repeals, Consequentials and Transitionals) Act
2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to
have commenced, at the same time as the Corporations Act 2001.
(o) Subsection 2(1) (items 2, 3 and 10) of the Australian Communications and
Media Authority (Consequential and Transitional Provisions) Act 2005
provides as follows:
(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
2. Schedule 1 At the same time as section 6 of the Australian
Communications and Media Authority Act 2005
commences.
1 July 2005
3. Schedule 2 Immediately after the commencement of the
provision(s) covered by table item 2.
1 July 2005
10. Schedule 4 At the same time as section 6 of the Australian
Communications and Media Authority Act 2005
commences.
1 July 2005
(p) Subsection 2(1) (item 45) of the Statute Law Revision Act 2008 provides as
follows:
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 3—Legislation history
Broadcasting Services Act 1992 355
(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.
Provision(s) Commencement Date/Details
45. Schedule 2,
item 2
Immediately after the time specified in the
Broadcasting Legislation Amendment (Digital
Television) Act 2006 for the commencement of
item 26 of Schedule 2A to that Act.
4 May 2007
(q) Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010
provides as follows:
(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.
Provision(s) Commencement Date/Details
31. Schedule 5,
items 1 to 51
The day this Act receives the Royal Assent. 1 March 2010
38. Schedule 5,
Parts 2 and 3
Immediately after the provision(s) covered by table
item 31.
1 March 2010
(r) Subsection 2(1) (item 3) of the Statute Law Revision Act 2011 provides as
follows:
(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.
Provision(s) Commencement Date/Details
3. Schedule 2,
item 1
Immediately after the time specified in the
Broadcasting Legislation Amendment (Digital
Television) Act 2010 for the commencement of
item 104A of Schedule 1 to that Act.
30 June 2010
(s) Subsection 2(1) (item 14) of the Australian Charities and Not-for-profits
Commission (Consequential and Transitional) Act 2012 provides as follows:
(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.
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 3—Legislation history
356 Broadcasting Services Act 1992
Provision(s) Commencement Date/Details
14. Schedule 4,
Part 2, Division 2
The later of:
(a) immediately after the commencement of the provision(s) covered by table item 3; and
(b) immediately after the commencement of Schedule 1 to the Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Act 2012.
However, the provision(s) do not commence at all
unless both of the events mentioned in
paragraphs (a) and (b) occur.
[see Endnote 5]
(paragraph (b)
applies)
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 357
Endnote 4—Amendment history
Provision affected How affected
Title ...............................................am. No. 115, 1997; No. 90, 1999; No. 108, 2000; No. 124, 2007
Part 1
s. 3 .................................................am. No. 90, 1999; Nos. 108 and 172, 2000; No. 129, 2006; No. 124, 2007;
No. 8, 2010
s. 4 .................................................am. No. 90, 1999; Nos. 108 and 172, 2000; No. 45, 2005; No. 124, 2007;
No. 8, 2010
Heading to s. 5...............................am. No. 45, 2005
s. 5 .................................................am. No. 90, 1999; No. 108, 2000; No. 45, 2005; No. 124, 2007; No. 8,
2010
s. 6 .................................................am. Nos. 167 and 216, 1992; No. 1, 1993; No. 32, 1995; Nos. 59 and 119,
1997; No. 198, 1999; Nos. 108, 137 and 172, 2000; No. 120, 2002; No. 45,
2005; Nos. 120, 128 and 129, 2006; Nos. 68 and 124, 2007; Nos. 144 and
158, 2008; No. 94, 2010; Nos. 36 and 46, 2011; Nos. 34 and 169, 2012;
No. 13, 2013
Note to s. 7 ....................................ad. No. 108, 2000
s. 8A ..............................................ad. No. 108, 2000
ss. 8AA, 8AB ................................ad. No. 68, 2007
s. 8AC............................................ad. No. 68, 2007
am. No. 114, 2008; No. 8, 2010
s. 8AD ...........................................ad. No. 68, 2007
s. 8AE............................................ad. No. 94, 2010
s. 8AF............................................ad. No. 34, 2012
s. 8B ..............................................ad. No. 120, 2002
am. No. 45, 2005; No. 103, 2013
s. 10A ............................................ad. No. 5, 2001
Part 2
s. 11 ...............................................am. No. 172, 2000
s. 11A ............................................ad. No. 172, 2000
s. 12 ...............................................am. No. 172, 2000
s. 14 ...............................................am. No. 94, 2010
s. 17 ...............................................am. No. 216, 1992
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Endnotes
Endnote 4—Amendment history
358 Broadcasting Services Act 1992
Provision affected How affected
s. 18 ...............................................am. No. 216, 1992; No. 108, 2000; No. 128, 2006; No. 68, 2007
s. 18A ............................................ad. No. 172, 2000
am. No. 103, 2013
Heading to s. 19.............................am. No. 45, 2005
s. 19 ...............................................am. No. 172, 2000; No. 45, 2005
Heading to s. 21.............................am. No. 45, 2005
s. 21 ...............................................am. No. 172, 2000; No. 45, 2005
Heading to s. 22.............................am. No. 45, 2005
s. 22 ...............................................am. No. 45, 2005
Part 3
s. 23 ...............................................am. No. 45, 2005
Heading to s. 24.............................am. No. 45, 2005
s. 24 ...............................................am. No. 45, 2005
s. 25 ...............................................am. No. 167, 1992; No. 45, 2005; No. 68, 2007
Subhead. to s. 26(2) ......................ad. No. 36, 2011
s. 26 ...............................................am. No. 45, 2005; No. 128, 2006; No. 68, 2007; No. 36, 2011; No. 29,
2013
s. 26A ............................................ad. No. 128, 2006
am. No. 128, 2006; No. 36, 2011
s. 26AA .........................................ad. No. 36, 2011
s. 26B ............................................ad. No. 128, 2006
am. No. 128, 2006; No. 36, 2011
ss. 26C, 26D ..................................ad. No. 68, 2007
Subhead. to s. 27(2) ......................ad. No. 36, 2011
s. 27 ...............................................am. No. 45, 2005; No. 36, 2011
s. 28 ...............................................rs. No. 99, 1998
am. No. 108, 2000; No. 45, 2005
rep. No. 128, 2006
Heading to s. 28A..........................am. No. 108, 2000
rep. No. 128, 2006
s. 28A ............................................ad. No. 99, 1998
am. No. 108, 2000
rep. No. 128, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 359
Provision affected How affected
s. 29 ...............................................am. No. 119, 1997; No. 45, 2005; No. 94, 2010; No. 36, 2011
Heading to s. 30.............................am. No. 45, 2005
s. 30 ...............................................am. No. 45, 2005
s. 31 ...............................................am. No. 119, 1997; No. 45, 2005
s. 33 ...............................................am. No. 45, 2005
s. 34 ...............................................am. No. 119, 1997; No. 99, 1998; No. 108, 2000; No. 45, 2005; No 51,
2013
s. 35 ...............................................am. No. 45, 2005
s. 35A ............................................ad. No. 128, 2006
am. No. 158, 2008
rs. No. 177, 2011
rep. No. 29, 2013
Part 4
Division 1
Heading to Div. 1 of Part 4............ad. No. 94, 2010
s. 35B ............................................ad. No. 128, 2006
rep. No. 29, 2013
s. 35C ............................................ad. No. 68, 2007
s. 35D ............................................ad. No. 68, 2007
am. No. 8, 2010
Heading to s. 36.............................am. No. 45, 2005
s. 36 ...............................................am. No. 45, 2005; No. 128, 2006
s. 36A ............................................ad. No. 68, 2007
s. 37 ...............................................am. No. 45, 2005; No. 94, 2010
s. 37A ............................................ad. No. 29, 2013
Heading to s. 38.............................am. No. 45, 2005
s. 38 ...............................................am. No. 45, 2005
Subhead. to s. 38A(2) ...................am. No. 45, 2005
s. 38A ............................................ad. No. 139, 1995
am. No. 99, 1998; No. 108, 2000; No. 45, 2005; No. 128, 2006; No. 94,
2010
s. 38B ............................................ad. No. 108, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
360 Broadcasting Services Act 1992
Provision affected How affected
am. No. 92, 2001; No. 108, 2003; No. 45, 2005; Nos. 127 and 128, 2006;
No. 94, 2010
Subhead. to s. 38C(11) .................rs. No. 136, 2012
s. 38C ............................................ad. No. 94, 2010
am. No. 88, 2012
Subhead. to s. 39(4) ......................am. No. 45, 2005
s. 39 ...............................................rs. No. 139, 1995
am. No. 45, 2005
s. 40 ...............................................am. No. 45, 2005; No. 128, 2006; No. 5, 2011
s. 41 ...............................................am. No. 108, 2000; No. 45, 2005; No. 120, 2006
Division 2
Heading to Div. 2 of Part 4............ad. No. 94, 2010
s. 41A ............................................ad. No. 128, 2006
Subhead. to s. 41B(1) ...................am. No. 94, 2010
Subhead. to s. 41B(3) ...................am. No. 94, 2010
s. 41B ............................................ad. No. 128, 2006
am. No. 94, 2010; No. 36, 2011
Subhead. to s. 41C(3) ...................am. No. 94, 2010
s. 41C ............................................ad. No. 128, 2006
am. No. 94, 2010
s. 41CA..........................................ad. No. 94, 2010
am. No. 88, 2012
s. 41D ............................................ad. No. 68, 2007
Division 3
Heading to Div. 3 of Part 4............ad. No. 94, 2010
s. 42 ...............................................am. No. 94, 2010
Heading to s. 43.............................am. No. 45, 2005
s. 43 ...............................................am. No. 45, 2005
s. 43A ............................................ad. No. 129, 2006
s. 43AA .........................................ad. No. 94, 2010
am. No. 36, 2011
s. 43AB..........................................ad. No. 94, 2010
s. 43AC..........................................ad. No. 94, 2010
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 361
Provision affected How affected
am. No. 36, 2011
s. 43AD .........................................ad. No. 94, 2010
s. 43B ............................................ad. No. 129, 2006
am. No. 34, 2012
Note to s. 43B(1) ..........................ad. No. 34, 2012
rep. No. 34, 2012
s. 43C ............................................ad. No. 129, 2006
am. No. 34, 2012
s. 43D ............................................ad. No. 68, 2007
s. 44 ...............................................am. No. 45, 2005
Division 4
Heading to Div. 4 of Part 4............ad. No. 94, 2010
s. 45 ...............................................am. No. 94, 2010
s. 46 ...............................................am. No. 45, 2005
Heading to s. 47.............................am. No. 45, 2005
s. 47 ...............................................am. No. 45, 2005
s. 49 ...............................................am. No. 45, 2005
Part 5
Heading to Part 5 ...........................rs. No. 108, 2000
Division 1
Heading to s. 50A..........................am. No. 94, 2010
s. 50A ............................................ad. No. 129, 2006
am. No. 94, 2010
s. 51A ............................................ad. No. 128, 2006
s. 52 ...............................................am. No. 45, 2005
s. 52A ............................................ad. No. 129, 2006
Division 2
Subdivision A
Heading to Subdiv. A ....................
of Div. 2 of Part 5
ad. No. 108, 2000
Subdivision B
Subdiv. B of Div. 2 of Part 5 .........ad. No. 108, 2000
s. 54A ............................................ad. No. 108, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
362 Broadcasting Services Act 1992
Provision affected How affected
Subdivision C
Subdiv. C of Div. 2 of Part 5 .........ad. No. 68, 2007
s. 54B ............................................ad. No. 68, 2007
Division 3
Subdivision A
Heading to Subdiv. A ....................
of Div. 3 of Part 5
ad. No. 108, 2000
Subdivision B
Subdiv. B of Div. 3 of Part 5 .........ad. No. 108, 2000
s. 56A ............................................ad. No. 108, 2000
Div. 4 of Part 5 ..............................rep. No. 129, 2006
s. 57 ...............................................am. No. 139, 1995
rep. No. 129, 2006
s. 58 ...............................................am. No. 45, 2005
rep. No. 129, 2006
Division 5
Heading to Div. 5 of Part 5............rs. No. 129, 2006
s. 59 ...............................................am. No. 143, 1997; No. 45, 2005; No. 129, 2006; No. 8, 2010
ss. 60, 61........................................rep. No. 129, 2006
Division 5A
Div. 5A of Part 5 ...........................ad. No. 129, 2006
Subdivision A
s. 61AA .........................................ad. No. 129, 2006
am. No. 129, 2006; No. 94, 2010
s. 61AB..........................................ad. No. 129, 2006
s. 61AC..........................................ad. No. 129, 2006
am. No. 129, 2006
ss. 61AD, 61AE.............................ad. No. 129, 2006
s. 61AEA.......................................ad. No. 129, 2006
s. 61AF ..........................................ad. No. 129, 2006
Subdivision B
ss. 61AG, 61AH ............................ad. No. 129, 2006
ss. 61AJ–61AM.............................ad. No. 129, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 363
Provision affected How affected
Subdivision BA
ss. 61AMA–61AMF......................ad. No. 129, 2006
Subdivision C
s. 61AN .........................................ad. No. 129, 2006
s. 61ANA.......................................ad. No. 129, 2006
ss. 61AP–61AR .............................ad. No. 129, 2006
Subdivision D
s. 61AS ..........................................ad. No. 129, 2006
am. No. 8, 2010
s. 61AT..........................................ad. No. 129, 2006
Subdivision E
s. 61AU .........................................ad. No. 129, 2006
am. No. 8, 2010
ss. 61AV–61AZ.............................ad. No. 129, 2006
ss. 61AZA–61AZC........................ad. No. 129, 2006
s. 61AZCA ....................................ad. No. 129, 2006
ss. 61AZD–61AZH........................ad. No. 129, 2006
Division 5B
Div. 5B of Part 5............................ad. No. 129, 2006
ss. 61BA, 61BB.............................ad. No. 129, 2006
Subhead. to s. 61BC(6) .................am. No. 8, 2010
s. 61BC..........................................ad. No. 129, 2006
am. No. 8, 2010
ss. 61BD–61BH.............................ad. No. 129, 2006
Division 5C
Div. 5C of Part 5............................ad. No. 129, 2006
Subdivision A
s. 61CA..........................................ad. No. 129, 2006
s. 61CAA.......................................ad. No. 34, 2012
s. 61CB..........................................ad. No. 129, 2006
am. No. 34, 2012
s. 61CC..........................................ad. No. 129, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
364 Broadcasting Services Act 1992
Provision affected How affected
Subdivision B
s. 61CD..........................................ad. No. 129, 2006
am. No. 34, 2012
s. 61CE..........................................ad. No. 129, 2006
Subdivision C
ss. 61CF–61CH .............................ad. No. 129, 2006
s. 61CJ...........................................ad. No. 129, 2006
am. No. 8, 2010
ss. 61CK–61CN.............................ad. No. 129, 2006
s. 61CP ..........................................ad. No. 129, 2006
s. 61CPA .......................................ad. No. 129, 2006
s. 61CQ..........................................ad. No. 129, 2006
Subdivision D
ss. 61CR–61CT .............................ad. No. 129, 2006
Division 6
Heading to s. 62.............................am. No. 129, 2006
Subhead. to s. 62(1) ......................ad. No. 129, 2006
am. No. 68, 2007
s. 62 ...............................................am. No. 32, 1995; No. 108, 2000; No. 45, 2005; No. 129, 2006; No. 68,
2007
Subhead. to s. 63(1) ......................ad. No. 129, 2006
am. No. 68, 2007
s. 63 ...............................................am. No. 32, 1995; No. 108, 2000; No. 45, 2005; No. 129, 2006; No. 68,
2007
Heading to s. 64.............................am. No. 108, 2000; No. 45, 2005; No. 129, 2006
Subhead. to s. 64(1) ......................ad. No. 129, 2006
am. No. 68, 2007
s. 64 ...............................................am. No. 32, 1995; No. 108, 2000; No. 45, 2005; No. 129, 2006; No. 68,
2007
Heading to s. 65.............................am. No. 45, 2005
rs. No. 129, 2006
s. 65 ...............................................am. No. 32, 1995; No. 45, 2005
rs. No. 129, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 365
Provision affected How affected
ss. 65A, 65B ..................................ad. No. 120, 2006
Division 7
s. 66 ...............................................am. No. 32, 1995; No. 108, 2000; No. 5, 2001; No. 45, 2005; No. 129,
2006
s. 67 ...............................................am. No. 45, 2005; No. 129, 2006
s. 68 ...............................................am. No. 45, 2005
s. 69 ...............................................am. No. 32, 1995; No. 108, 2000
Division 8
Heading to Div. 8 of Part 5............am. No. 45, 2005
Heading to s. 70.............................am. No. 45, 2005
s. 70 ...............................................am. No. 45, 2005; No. 129, 2006
s. 71 ...............................................am. No. 45, 2005
s. 72 ...............................................am. No. 32, 1995; No. 108, 2000
Division 9
s. 73 ...............................................rs. No. 139, 1995; No. 99, 1998
am. No. 108, 2000
s. 73A ............................................ad. No. 108, 2000
rs. No. 92, 2001
Division 10
Heading to Div. 10 of Part 5..........am. No. 45, 2005
Heading to s. 74.............................am. No. 45, 2005
s. 74 ...............................................am. No. 108, 2000; No. 45, 2005
Division 11
s. 75 ...............................................am. No. 139, 1995; No. 99, 1998; No. 108, 2000; No. 45, 2005
Heading to s. 77.............................am. No. 103, 2010
s. 77 ...............................................am. No. 103, 2010
Part 6
s. 79A ............................................ad. No. 119, 1997
Heading to s. 80.............................am. No. 45, 2005
s. 80 ...............................................am. No. 45, 2005
s. 81 ...............................................am. No. 120, 2002; No. 45, 2005
s. 82 ...............................................am. No. 45, 2005; No. 68, 2007
s. 83 ..............................................am. No. 108, 2000; No. 120, 2002; No. 45, 2005; No. 120, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
366 Broadcasting Services Act 1992
Provision affected How affected
s. 84 ...............................................am. No. 45, 2005
s. 84A ............................................ad. No. 68, 2007
Heading to s. 85.............................am. No. 45, 2005
s. 85 ...............................................am. No. 45, 2005
s. 85A ............................................ad. No. 68, 2007
s. 86 ...............................................am. No. 120, 2002
Heading to s. 87.............................am. No. 45, 2005
s. 87 ...............................................am. No. 120, 2002; No. 45, 2005
s. 87A ............................................ad. No. 120, 2002
am. No. 45, 2005
s. 87B ............................................ad. No. 68, 2007
s. 88 ...............................................am. No. 45, 2005
s. 89 ...............................................am. No. 72, 2008
Subhead. to s. 90(2) ......................ad. No. 72, 2008
s. 90 ...............................................am. No. 120, 2002; No. 45, 2005; No. 72, 2008
Heading to s. 91.............................rs. No. 120, 2002
am. No. 45, 2005
s. 91 ...............................................am. No. 120, 2002; No. 45, 2005; No. 72, 2008
s. 91A ............................................ad. No. 71, 2006
s. 92 ...............................................am. No. 45, 2005
Part 6A
Part 6A ..........................................ad. No. 119, 1997
ss. 92A–92C ..................................ad. No. 119, 1997
am. No. 45, 2005
s. 92D ............................................ad. No. 119, 1997
am. No. 108, 2000; No. 45, 2005; No. 120, 2006
s. 92E.............................................ad. No. 119, 1997
am. No. 45, 2005
s. 92F.............................................ad. No. 119, 1997
am. No. 99, 1998; No. 45, 2005
s. 92G ............................................ad. No. 119, 1997
am. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 367
Provision affected How affected
s. 92H ............................................ad. No. 119, 1997
Heading to s. 92J ...........................am. No. 45, 2005
s. 92J..............................................ad. No. 119, 1997
am. No. 45, 2005
s. 92K ............................................ad. No. 119, 1997
s. 92L.............................................ad. No. 119, 1997
am. No. 45, 2005
Part 7
Part 7 ............................................ad. No. 171, 1992
Division 1
s. 93 ...............................................ad. No. 171, 1992
am. No. 88, 1995
rep. No. 45, 2005
s. 94 ...............................................ad. No. 171, 1992
am. No. 1, 1993
rep. No. 111, 2009
s. 95 ...............................................ad. No. 171, 1992
am. No. 45, 2005; No. 94, 2010
s. 96 ...............................................ad. No. 171, 1992
am. No. 1, 1993; No. 88, 1995; No. 45, 2005; No. 103, 2010
s. 96A ............................................ad. No. 1, 1993
am. No. 88, 1995; No. 45, 2005
rep. No. 129, 2006
Heading to s. 97.............................am. No. 8, 2010
s. 97 ...............................................ad. No. 171, 1992
am. No. 88, 1995; No. 45, 2005; No. 103, 2010
s. 98 ...............................................ad. No. 171, 1992
am. No. 108, 2000; No. 45, 2005; No. 120, 2006
ss. 98A, 98B ..................................ad. No. 2, 1993
am. No. 88, 1995
rep. No. 45, 2005
s. 98C ............................................ad. No. 2, 1993
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
368 Broadcasting Services Act 1992
Provision affected How affected
rep. No. 45, 2005
s. 98D ............................................ad. No. 2, 1993
am. No. 94, 2010
Division 2
s. 99 ...............................................ad. No. 171, 1992
am. No. 45, 2005
s. 100 .............................................ad. No. 171, 1992
am. No. 1, 1993; No. 45, 2005; No. 27, 2007
s. 101 .............................................ad. No. 171, 1992
rep. No. 45, 2005
s. 102 .............................................ad. No. 171, 1992
rep. No. 198, 1999
s. 103 .............................................ad. No. 171, 1992
rep. No. 45, 2005
Division 2A
Div. 2A of Part 7 ...........................ad. No. 198, 1999
Subdivision A
s. 103A ..........................................ad. No. 198, 1999
am. No. 71, 2006
s. 103B ..........................................ad. No. 198, 1999
am. No. 198, 1999; No. 55, 2001; No. 71, 2006
ss. 103C–103G ..............................ad. No. 198, 1999
Heading to s. 103H........................am. No. 71, 2006
s. 103H ..........................................ad. No. 198, 1999
am. No. 71, 2006
s. 103J............................................ad. No. 198, 1999
am. No. 71, 2006
s. 103JA.........................................ad. No. 71, 2006
s. 103K ..........................................ad. No. 198, 1999
Heading to s. 103L ........................am. No. 45, 2005
s. 103L...........................................ad. No. 198, 1999
am. No. 45, 2005; No. 71, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 369
Provision affected How affected
s. 103M..........................................ad. No. 198, 1999
am. No. 71, 2006
Subdivision B
s. 103N ..........................................ad. No. 198, 1999
am. No. 71, 2006
Note to s. 103N(3) ........................am. No. 71, 2006
s. 103NA .......................................ad. No. 71, 2006
ss. 103P, 103Q...............................ad. No. 198, 1999
am. No. 71, 2006
Subdivision C
s. 103R ..........................................ad. No. 198, 1999
am. No. 71, 2006
Note to s. 103R(4) ........................am. No. 71, 2006
s. 103RA........................................ad. No. 71, 2006
s. 103S...........................................ad. No. 198, 1999
am. No. 71, 2006
Subdivision D
s. 103T...........................................ad. No. 198, 1999
am. No. 71, 2006
Note to s. 103T ..............................rep. No. 198, 1999
s. 103TA........................................ad. No. 71, 2006
Subdivision E
s. 103U ..........................................ad. No. 198, 1999
am. No. 71, 2006
Note to s. 103U(3) ........................am. No. 71, 2006
s. 103UA .......................................ad. No. 71, 2006
ss. 103V, 103W .............................ad. No. 198, 1999
am. No. 71, 2006
Subdivision F
s. 103X ..........................................ad. No. 198, 1999
am. No. 71, 2006
Note to s. 103X(4) ........................am. No. 71, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
370 Broadcasting Services Act 1992
Provision affected How affected
s. 103XA .......................................ad. No. 71, 2006
s. 103Y ..........................................ad. No. 198, 1999
am. No. 71, 2006
Subdivision G
s. 103Z...........................................ad. No. 198, 1999
am. No. 71, 2006
Note to s. 103Z ..............................rep. No. 198, 1999
s. 103ZAA .....................................ad. No. 71, 2006
Subdivision H
ss. 103ZA, 103ZB .........................ad. No. 198, 1999
am. No. 45, 2005
Heading to s. 103ZC......................am. No. 45, 2005
s. 103ZC ........................................ad. No. 198, 1999
am. No. 45, 2005
s. 103ZD........................................ad. No. 198, 1999
Subdivision I
Heading to s. 103ZE ......................am. No. 45, 2005
s. 103ZE ........................................ad. No. 198, 1999
am. No. 45, 2005; No. 71, 2006
s. 103ZF.........................................ad. No. 198, 1999
am. No. 45, 2005
Subdivision J
s. 103ZG........................................ad. No. 198, 1999
am. No. 45, 2005
ss. 103ZH, 103ZJ...........................ad. No. 198, 1999
ss. 103ZK, 103ZL..........................ad. No. 198, 1999
rep. No. 198, 1999
Subdiv. K of Div. 2A of Part 7 ......rep. No. 198, 1999
ss. 103ZM, 103ZN.........................ad. No. 198, 1999
rep. No. 198, 1999
Div. 3 of Part 7 ..............................rep. No. 129, 2006
s. 104 .............................................ad. No. 171, 1992
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 371
Provision affected How affected
rep. No. 129, 2006
s. 105 .............................................ad. No. 171, 1992
am. No. 45, 2005
rep. No. 129, 2006
ss. 106–110....................................ad. No. 171, 1992
rep. No. 129, 2006
Div. 4 of Part 7 ..............................rep. No. 129, 2006
s. 111 .............................................ad. No. 171, 1992
am. No. 32, 1995
rep. No. 129, 2006
Div. 5 of Part 7 ..............................rep. No. 129, 2006
s. 112 .............................................ad. No. 171, 1992
am. No. 32, 1995; No. 45, 2005
rep. No. 129, 2006
Division 6
s. 113 .............................................ad. No. 171, 1992
am. No. 111, 2009
s. 114 .............................................ad. No. 171, 1992
am. No. 45, 2005
s. 115 .............................................ad. No. 171, 1992
am. No. 139, 1995; No. 92, 2001; No. 43, 2005
s. 115A ..........................................ad. No. 128, 2006
s. 116 .............................................ad. No. 171, 1992
am. No. 139, 1995; No. 111, 2009
s. 116A ..........................................ad. No. 171, 1992
Heading to s. 116B ........................am. No. 103, 2010
s. 116B ..........................................ad. No. 171, 1992
am. No. 103, 2010
s. 116C ..........................................ad. No. 171, 1992
rep. No. 111, 2009
Part 8
ss. 117, 118....................................am. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
372 Broadcasting Services Act 1992
Provision affected How affected
s. 119 .............................................am. No. 45, 2005; No. 27, 2007
s. 120 .............................................am. No. 45, 2005
Part 8A
Part 8A ..........................................ad. No. 197, 1999
s. 121A ..........................................ad. No. 197, 1999
am. No. 45, 2005
s. 121B ..........................................ad. No. 197, 1999
am. No. 55, 2001
ss. 121C, 121D ..............................ad. No. 197, 1999
Heading to s. 121E ........................am. No. 45, 2005
s. 121E...........................................ad. No. 197, 1999
am. No. 45, 2005
Part 8B
Part 8B...........................................ad. No. 172, 2000
Division 1
s. 121F...........................................ad. No. 172, 2000
am. No. 45, 2005
s. 121FAA .....................................ad. No. 172, 2000
Division 2
s. 121FA ........................................ad. No. 172, 2000
am. No. 45, 2005
s. 121FB ........................................ad. No. 172, 2000
am. No. 45, 2005; No. 94, 2010
s. 121FC ........................................ad. No. 172, 2000
am. No. 45, 2005; No. 120, 2006
ss. 121FD, 121FE ..........................ad. No. 172, 2000
am. No. 45, 2005
Division 3
s. 121FF.........................................ad. No. 172, 2000
am. No. 45, 2005
Division 4
s. 121FG ........................................ad. No. 172, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 373
Provision affected How affected
am. No. 120, 2006
s. 121FH ........................................ad. No. 172, 2000
am. No. 5, 2001; No. 45, 2005
rs. No. 120, 2006
ss. 121FHA, 121FHB ....................ad. No. 120, 2006
s. 121FJ .........................................ad. No. 172, 2000
am. No. 5, 2001
ss. 121FJA–121FJD.......................ad. No. 120, 2006
ss. 121FK, 121FL ..........................ad. No. 172, 2000
am. No. 45, 2005
Division 4A
s. 121FLA......................................ad. No. 172, 2000
s. 121FLB......................................ad. No. 172, 2000
am. No. 45, 2005
s. 121FLC......................................ad. No. 172, 2000
am. No. 45, 2005; No. 94, 2010
ss. 121FLD, 121FLE .....................ad. No. 172, 2000
am. No. 45, 2005
s. 121FLF ......................................ad. No. 172, 2000
am. No. 5, 2001
ss. 121FLG, 121FLH .....................ad. No. 172, 2000
am. No. 45, 2005; No. 94, 2010
s. 121FLJ .......................................ad. No. 172, 2000
am. No. 45, 2005; No. 8, 2010
Division 5
Heading to Div. 5 of Part 8B .........am. No. 45, 2005
ss. 121FM, 121FN .........................ad. No. 172, 2000
am. No. 45, 2005
Division 6
ss. 121FP–121FR...........................ad. No. 172, 2000
am. No. 45, 2005
s. 121FS.........................................ad. No. 172, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
374 Broadcasting Services Act 1992
Provision affected How affected
am. No. 13, 2013
Part 9
Heading to Part 9 ...........................rs. No. 29, 2013
s. 121G ..........................................ad. No. 29, 2013
s. 122 .............................................am. No. 120, 2002; No. 120, 2004; No. 45, 2005; No. 128, 2006; No. 94,
2010; No. 29, 2013
Note to s. 122(1)............................ad. No. 29, 2013
s. 123 .............................................am. No. 216, 1992; No. 180, 1997; No. 120, 2002; No. 61, 2004; No. 45,
2005; No. 128, 2006; Nos. 27 and 68, 2007; No. 83, 2012; No 98, 2013
Heading to s. 123A........................am. No. 45, 2005
s. 123A ..........................................ad. No. 216, 1992
am. No. 180, 1997; No. 45, 2005
s. 123B ..........................................ad. No. 94, 2010
Heading to s. 124...........................am. No. 45, 2005
s. 124 .............................................am. No. 45, 2005
Heading to s. 125...........................am. No. 45, 2005
ss. 125–127....................................am. No. 45, 2005
s. 128 .............................................rs. No. 171, 1992
Heading to s. 129...........................am. No. 45, 2005
s. 129 .............................................am. No. 45, 2005
Heading to s. 130...........................am. No. 103, 2010
s. 130 .............................................am. No. 103, 2010
Part 9A
Part 9A ..........................................ad. No. 128, 2006
Heading to s. 130A........................am. No. 68, 2007
s. 130A ..........................................ad. No. 128, 2006
am. No. 68, 2007
ss. 130AA, 130AB.........................ad. No. 68, 2007
s. 130AC........................................ad. No. 94, 2010
Heading to s. 130B ........................am. No. 68, 2007
s. 130B ..........................................ad. No. 128, 2006
am. No. 103, 2010
s. 130BA........................................ad. No. 68, 2007
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 375
Provision affected How affected
am. No. 103, 2010
s. 130BB........................................ad. No. 94, 2010
am. No. 103, 2010
Part 9B
Part 9B...........................................ad. No. 128, 2006
Division 1
s. 130C ..........................................ad. No. 128, 2006
Division 2
ss. 130D, 130E...............................ad. No. 128, 2006
s. 130F...........................................ad. No. 128, 2006
am. No. 68, 2007; No. 103, 2010
ss. 130G, 130H..............................ad. No. 128, 2006
Division 3
ss. 130J, 130K ...............................ad. No. 128, 2006
s. 130L...........................................ad. No. 128, 2006
am. Nos. 68 and 124, 2007
Division 4
ss. 130M, 130N .............................ad. No. 128, 2006
ss. 130P, 130Q...............................ad. No. 128, 2006
Division 5
ss. 130R–130Z...............................ad. No. 128, 2006
Division 6
s. 130ZA........................................ad. No. 128, 2006
am. No. 8, 2010
Part 9C
Part 9C...........................................ad. No. 94, 2010
s. 130ZBA .....................................ad. No. 94, 2010
Heading to s. 130ZB......................am. No. 36, 2011
s. 130ZB ........................................ad. No. 94, 2010
am. No. 36, 2011; No. 88, 2012
s. 130ZBB .....................................ad. No. 36, 2011
am. No. 88, 2012
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
376 Broadcasting Services Act 1992
Provision affected How affected
s. 130ZBC .....................................ad. No. 88, 2012
s. 130ZC ........................................ad. No. 94, 2010
am. No. 36, 2011
Note to s. 130ZC(1) ......................rep. No. 36, 2011
ss. 130ZCAA, 130ZCAB...............ad. No. 94, 2010
am. No. 36, 2011
s. 130ZCA .....................................ad. No. 94, 2010
am. No. 36, 2011
ss. 130ZD, 130ZE..........................ad. No. 94, 2010
s. 130ZEA .....................................ad. No. 36, 2011
s. 130ZF.........................................ad. No. 94, 2010
am. No. 36, 2011
s. 130ZFA......................................ad. No. 94, 2010
s. 130ZG........................................ad. No. 94, 2010
am. No. 88, 2012
s. 130ZH........................................ad. No. 36, 2011
Part 9D
Part 9D ..........................................ad. No. 83, 2012
Division 1
s. 130ZJ .........................................ad. No. 83, 2012
s. 130ZK........................................ad. No. 83, 2012
s. 130ZL ........................................ad. No. 83, 2012
s. 130ZM .......................................ad. No. 83, 2012
s. 130ZN........................................ad. No. 83, 2012
s. 130ZO........................................ad. No. 83, 2012
s. 130ZP.........................................ad. No. 83, 2012
s. 130ZQ........................................ad. No. 83, 2012
Division 2
s. 130ZR ........................................ad. No. 83, 2012
s. 130ZS.........................................ad. No. 83, 2012
s. 130ZT ........................................ad. No. 83, 2012
s. 130ZU........................................ad. No. 83, 2012
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 377
Provision affected How affected
s. 130ZUA .....................................ad. No. 83, 2012
s. 130ZUAA ..................................ad. No. 83, 2012
s. 130ZUB .....................................ad. No. 83, 2012
Division 3
s. 130ZV........................................ad. No. 83, 2012
s. 130ZVA .....................................ad. No. 83, 2012
am. No. 103, 2013
s. 130ZW.......................................ad. No. 83, 2012
am. No. 103, 2013
s. 130ZX........................................ad. No. 83, 2012
s. 130ZY........................................ad. No. 83, 2012
s. 130ZYA .....................................ad. No. 83, 2012
s. 130ZZ ........................................ad. No. 83, 2012
s. 130ZZAA...................................ad. No. 83, 2012
s. 130ZZAB...................................ad. No. 83, 2012
Division 4
s. 130ZZA .....................................ad. No. 83, 2012
Division 5
s. 130ZZB......................................ad. No. 83, 2012
Division 6
s. 130ZZC......................................ad. No. 83, 2012
s. 130ZZD .....................................ad. No. 83, 2012
Division 7
s. 130ZZE......................................ad. No. 83, 2012
Part 10
Division 1
s. 131 .............................................am. No. 32, 1995
s. 132 .............................................am. No. 32, 1995; No. 120, 2006
ss. 133–135....................................am. No. 32, 1995
Division 1A
Div. 1A of Part 10 .........................ad. No. 120, 2006
ss. 136A–136F...............................ad. No. 120, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
378 Broadcasting Services Act 1992
Provision affected How affected
Division 2
Heading to Div. 2 ..........................
of Part 10
am. No. 45, 2005
s. 137 .............................................am. No. 45, 2005
rs. No. 120, 2006
s. 138 .............................................am. No. 32, 1995
rs. No. 120, 2006
s. 138A ..........................................ad. No. 120, 2006
Division 3
s. 139 .............................................am. No. 32, 1995; No. 119, 1997; No. 198, 1999
rs. No. 5, 2001
am. No. 5, 2001; No. 120, 2006
s. 140A ..........................................ad. No. 120, 2006
s. 141 .............................................am. No. 45, 2005
rs. No. 120, 2006
s. 142 .............................................am. No. 32, 1995
rs. No. 120, 2006
s. 142A ..........................................ad. No. 120, 2006
s. 143 .............................................am. No. 198, 1999; No. 55, 2001; No. 45, 2005
Division 4
s. 144 .............................................am. No. 45, 2005
Div. 5 of Part 10 ............................rep. No. 120, 2006
s. 145 .............................................rep. No. 120, 2006
s. 146 .............................................am. No. 45, 2005
rep. No. 120, 2006
Part 10A
Part 10A ........................................ad. No. 197, 1999
Division 1
s. 146A ..........................................ad. No. 197, 1999
s. 146B ..........................................ad. No. 197, 1999
am. No. 55, 2001; No. 128, 2006
s. 146C ..........................................ad. No. 197, 1999
Notes to s. 146C(1), (2) ................am. No. 46, 2011
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 379
Provision affected How affected
s. 146CA........................................ad. No. 197, 1999
Notes to s. 146CA(1), (2) .............am. No. 46, 2011
Subhead. to s. 146D(4) .................am. No. 45, 2005
s. 146D ..........................................ad. No. 197, 1999
am. No. 45, 2005
Division 2
ss. 146E–146H...............................ad. No. 197, 1999
ss. 146J, 146K ...............................ad. No. 197, 1999
s. 146KA .......................................ad. No. 197, 1999
Division 3
ss. 146L–146N...............................ad. No. 197, 1999
ss. 146P–146R...............................ad. No. 197, 1999
Division 4
s. 146S...........................................ad. No. 197, 1999
Part 11
Heading to Part 11.........................am. No. 45, 2005
Division 1
s. 147 .............................................am. No. 45, 2005; No. 120, 2006
s. 148 .............................................am. No. 45, 2005
Heading to s. 149...........................am. No. 45, 2005
s. 149 .............................................am. No. 45, 2005; No. 120, 2006
Division 2
Heading to Div. 2 of Part 11..........rs. No. 23, 2001
Heading to s. 150...........................am. No. 23, 2001
s. 150 .............................................am. No. 23, 2001; No. 45, 2005; No. 83, 2012
Heading to s. 151...........................am. No. 45, 2005
s. 151 .............................................am. No. 23, 2001; No. 45, 2005
Heading to s. 152...........................am. No. 45, 2005
s. 152 .............................................am. No. 45, 2005
Heading to s. 153...........................am. No. 45, 2005
s. 153 .............................................am. No. 45, 2005
Part 12 ...........................................rep. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
380 Broadcasting Services Act 1992
Provision affected How affected
s. 154 .............................................rep. No. 45, 2005
Note to s. 154(2) ...........................ad. No. 152, 1997
rep. No. 45, 2005
s. 155 .............................................rep. No. 45, 2005
s. 156 .............................................am. No. 32, 1995
rep. No. 45, 2005
s. 157 .............................................am. No. 216, 1992; No. 32, 1995
rep. No. 45, 2005
s. 158 .............................................am. No. 167, 1992; Nos. 59 and 115, 1997; No. 108, 2000
rep. No. 45, 2005
s. 159 .............................................rep. No. 45, 2005
s. 160 .............................................am. No. 152, 1997; No. 198, 1999
rep. No. 45, 2005
s. 161 .............................................rep. No. 152, 1997
ss. 162–164....................................rep. No. 45, 2005
s. 165 .............................................am. No. 146, 1999
rep. No. 45, 2005
ss. 166, 167....................................rep. No. 45, 2005
Part 13
Heading to Part 13.........................am. No. 45, 2005
Division 1
Heading to s. 168...........................am. No. 45, 2005
s. 168 .............................................am. No. 45, 2005
Heading to s. 169...........................am. No. 45, 2005
s. 169 .............................................am. No. 45, 2005
Division 2
Heading to s. 170...........................am. No. 45, 2005
s. 170 .............................................am. No. 45, 2005
Heading to s. 171...........................am. No. 45, 2005
s. 171 .............................................rs. No. 115, 1997
am. No. 59, 1997; No. 45, 2005
Heading to s. 172...........................am. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 381
Provision affected How affected
s. 172 .............................................am. No. 115, 1997; No. 45, 2005
ss. 173, 174....................................am. No. 45, 2005
ss. 176–180....................................am. No. 45, 2005
Division 3
s. 181 .............................................rep. No. 45, 2005
s. 182 .............................................am. No. 45, 2005
Heading to s. 183...........................am. No. 45, 2005
ss. 183, 184....................................am. No. 45, 2005
Heading to s. 185...........................am. No. 45, 2005
ss. 185–190....................................am. No. 45, 2005
Heading to s. 191...........................am. No. 45, 2005
ss. 191–196....................................am. No. 45, 2005
Heading to s. 197...........................am. No. 45, 2005
ss. 197–199....................................am. No. 45, 2005
Division 4
s. 200 .............................................am. No. 45, 2005
s. 202 .............................................am. No. 216, 1992; No. 108, 2000; No. 5, 2001; No. 120, 2006
Note to s. 202(2A) ........................am. No. 120, 2006
s. 203 .............................................am. No. 45, 2005
Part 14
Subhead. to s. 204(1) ....................ad. No. 94, 2010
s. 204 .............................................am. No. 216, 1992; No. 139, 1995; Nos. 119 and 143, 1997; No. 99, 1998;
Nos. 197 and 198, 1999; Nos. 108 and 172, 2000; Nos. 71, 128 and 129,
2006; No. 68, 2007; No. 94, 2010; No. 83, 2012
s. 205 .............................................am. No. 45, 2005
Part 14A
Part 14A ........................................ad. No. 143, 1997
s. 205A ..........................................ad. No. 143, 1997
am. No. 153, 2006
Heading to s. 205B ........................am. No. 153, 2006
s. 205B ..........................................ad. No. 143, 1997
am. No. 45, 2005; No. 128, 2006
Note to s. 205B..............................ad. No. 120, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
382 Broadcasting Services Act 1992
Provision affected How affected
s. 205BA........................................ad. No. 153, 2006
s. 205C ..........................................ad. No. 143, 1997
am. No. 45, 2005; No. 153, 2006
s. 205D ..........................................ad. No. 143, 1997
am. No. 45, 2005; Nos. 120 and 153, 2006
Part 14B
Part 14B.........................................ad. No. 120, 2006
Division 1
s. 205E...........................................ad. No. 120, 2006
Division 2
s. 205EA........................................ad. No. 120, 2006
ss. 205F–205H...............................ad. No. 120, 2006
ss. 205J–205N ...............................ad. No. 120, 2006
s. 205P...........................................ad. No. 120, 2006
s. 205PAA .....................................ad. No. 120, 2006
Part 14C
Part 14C.........................................ad. No. 120, 2006
s. 205PA ........................................ad. No. 120, 2006
am. No. 129, 2006; No. 36, 2011
s. 205Q ..........................................ad. No. 120, 2006
am. No. 129, 2006; No. 36, 2011
ss. 205R–205U ..............................ad. No. 120, 2006
Part 14D
Part 14D ........................................ad. No. 120, 2006
s. 205V ..........................................ad. No. 120, 2006
s. 205W .........................................ad. No. 120, 2006
am. No. 8, 2010
s. 205X ..........................................ad. No. 120, 2006
Part 14E
Part 14E.........................................ad. No. 120, 2006
s. 205XAA.....................................ad. No. 120, 2006
s. 205XA .......................................ad. No. 120, 2006
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 383
Provision affected How affected
ss. 205Y, 205Z...............................ad. No. 120, 2006
s. 205ZA........................................ad. No. 120, 2006
s. 205ZB ........................................ad. No. 120, 2006
s. 205ZC ........................................ad. No. 120, 2006
s. 205ZD........................................ad. No. 120, 2006
am. No. 136, 2012
s. 205ZE ........................................ad. No. 120, 2006
s. 205ZF.........................................ad. No. 120, 2006
Part 15
Heading to s. 206...........................am. No. 108, 2000
s. 206 .............................................am. No. 108, 2000
s. 207 .............................................am. No. 45, 2005
s. 208 .............................................am. No. 198, 1999
rep. No. 137, 2000
s. 209 .............................................am. No. 32, 1995
s. 210 .............................................am. No. 45, 2005
s. 211AA .......................................ad. No. 94, 2010
am. No. 88, 2012
s. 211A ..........................................ad. No. 94, 2010
s. 212 .............................................am. No. 197, 1999; No. 45, 2005; No. 128, 2006; Nos. 28 and 68, 2007
s. 212A ..........................................ad. No. 197, 1999
am. No. 55, 2001; No. 169, 2012
s. 212B ..........................................ad. No. 197, 1999
Note to s. 212B(6) ........................am. No. 46, 2011
s. 214 .............................................am. Nos. 108 and 172, 2000; No. 120, 2006
s. 215 .............................................rs. No. 1, 1993
am. No. 139, 1995
rep. No. 99, 1998
ad. No. 120, 2006
s. 215A ..........................................ad. No. 68, 2007
rep No 51, 2013
s. 215B ..........................................ad. No. 68, 2007
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
384 Broadcasting Services Act 1992
Provision affected How affected
s. 216A ..........................................ad. No. 99, 1998
s. 216B ..........................................ad. No. 90, 1999
s. 216C ..........................................ad. No. 108, 2000
s. 216D ..........................................ad. No. 108, 2000
rep. No. 45, 2005
ad. No. 124, 2007
s. 216E...........................................ad. No. 108, 2000
rep. No. 45, 2005
s. 217 .............................................am. No. 32, 1995
s. 218 .............................................am. No. 45, 2005
Schedule 1
Part 1
c. 1.................................................am. No. 139, 1995; Nos. 108 and 172, 2000; No. 45, 2005; No. 68, 2007
Part 2
c. 2.................................................am. No. 108, 2000; No. 129, 2006; No. 68, 2007
c. 4.................................................am. No. 48, 1998; Nos. 108 and 172, 2000; No. 121, 2001; No. 45, 2005;
No. 68, 2007
Part 3
cc. 6, 7 ...........................................am. No. 139, 1995
Part 4
c. 8.................................................am. No. 139, 1995; No. 45, 2005
Schedule 2
Part 1
c. 1.................................................am. No. 167, 1992; No. 13, 2001; No. 39, 2003; No. 45, 2005; No. 136,
2012
c. 2.................................................am. No. 218, 1992; No. 120, 2002; No. 68, 2007
Part 2
c. 3A..............................................ad. No. 216, 1992
cc. 4, 5 ...........................................am. No. 45, 2005
c. 6 ................................................am. No. 39, 2003
Part 3
Division 1
Heading to Div. 1 of Part 3............ad. No. 94, 2010
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 385
Provision affected How affected
c. 7.................................................am. Nos. 167, 216 and 218, 1992; No. 143, 1997; No. 99, 1998; No. 197,
1999; No. 108, 2000; No. 13, 2001; No. 61, 2004; No. 45, 2005; Nos. 128
and 129, 2006; No. 68, 2007; Nos. 73 and 158, 2008; No. 94, 2010; No. 36,
2011; No. 83, 2012; No. 29, 2013
Division 2
Div. 2 of Part 3 ..............................ad. No. 94, 2010
cc. 7A–7C......................................ad. No. 94, 2010
c. 7D..............................................ad. No. 94, 2010
am. No. 36, 2011
cc. 7E–7H......................................ad. No. 94, 2010
cc. 7J–7L .......................................ad. No. 94, 2010
Part 4
c. 8.................................................am. Nos. 167, 216 and 218, 1992; No. 143, 1997; No. 197, 1999; No. 45,
2005; No. 129, 2006; No. 68, 2007; No. 73, 2008
Part 5
c. 9.................................................am. Nos. 216 and 218, 1992; No. 197, 1999; No. 13, 2001; No. 120, 2002;
No. 61, 2004; No. 45, 2005; Nos. 71 and 128, 2006; No. 68, 2007; No. 36,
2011
Part 6
c. 10...............................................am. Nos. 216 and 218, 1992; No. 2, 1993; No. 139, 1995; No. 197, 1999;
No. 13, 2001; No. 61, 2004; No. 45, 2005; Nos. 128 and 129, 2006; No. 68,
2007; No. 94, 2010; No. 83, 2012
Part 7
c. 11...............................................am. Nos. 216 and 218, 1992; No. 180, 1997; No. 197, 1999; No. 13, 2001;
No. 61, 2004; No. 45, 2005; No. 128, 2006; No. 68, 2007; No. 83, 2012
Schedule 3 .....................................rep. No. 45, 2005
cc. 1–5 ...........................................rep. No. 45, 2005
c. 6.................................................rep. No. 152, 1997
cc. 7, 8 ...........................................rep. No. 45, 2005
c. 9.................................................am. No. 152, 1997; No. 156, 1999
rep. No. 45, 2005
cc. 10–12 .......................................rep. No. 45, 2005
cc. 13, 14 .......................................rep. No. 152, 1997
c. 15...............................................rep. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
386 Broadcasting Services Act 1992
Provision affected How affected
c. 16...............................................am. No. 152, 1997
rep. No. 45, 2005
c. 17...............................................rep. No. 45, 2005
c. 18...............................................am. No. 119, 1997; Nos. 90 and 198, 1999; No. 108, 2000
rep. No. 45, 2005
Schedule 4
Schedule 4 .....................................ad. No. 99, 1998
Part 1
c. 1.................................................ad. No. 99, 1998
am. No. 108, 2000; No. 4, 2003; No. 45, 2005; No. 83, 2012
c. 2.................................................ad. No. 99, 1998
am. No. 108, 2000; No. 45, 2005; Nos. 127 and 128, 2006; No. 158, 2008;
No. 94, 2010
cc. 3, 4 ...........................................ad. No. 99, 1998
cc. 4A, 4B......................................ad. No. 108, 2000
c. 4C ..............................................ad. No. 128, 2006
am. No. 94, 2010
c. 4D..............................................ad. No. 128, 2006
c. 5.................................................ad. No. 99, 1998
am. No. 45, 2005; No. 94, 2010
c. 5A..............................................ad. No. 108, 2000
am. No. 23, 2001
rep. No. 128, 2006
ad. No. 128, 2006
am. No. 94, 2010
cc. 5B–5D......................................ad. No. 128, 2006
am. No. 94, 2010
c. 5E ..............................................ad. No. 128, 2006
c. 5F...............................................ad. No. 158, 2008
am. No. 88, 2012
c. 5H..............................................ad. No. 158, 2008
c. 5J ...............................................ad. No. 94, 2010
Part 2
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 387
Provision affected How affected
c. 6.................................................ad. No. 99, 1998
am. Nos. 108 and 172, 2000; No. 23, 2001; No. 108, 2003; No. 45, 2005;
Nos. 127 and 128, 2006; No. 158, 2008; No. 94, 2010; No. 36, 2011
Note to c. 6(7A) ............................ad. No. 158, 2008
Notes to c. 6(9), (10) .....................am. No. 46, 2011
Note to c. 6(21) .............................am. No. 46, 2011
c. 6A..............................................ad. No. 158, 2008
am. No. 88, 2012
c. 6B ..............................................ad. No. 158, 2008
c. 6C ..............................................ad. No. 94, 2010
rep. No. 36, 2011
Heading to c. 7...............................am. No. 45, 2005
c. 7.................................................ad. No. 99, 1998
am. No. 45, 2005
c. 7A..............................................ad. No. 108, 2000
am. No. 45, 2005; No. 94, 2010
c. 7AA ...........................................ad. No. 36, 2011
c. 7B ..............................................ad. No. 128, 2006
Subhead. to c. 8(7) ........................am. No. 108, 2000; No. 128, 2006
c. 8.................................................ad. No. 99, 1998
am. No. 108, 2000; No. 45, 2005; No. 128, 2006; No. 36, 2011
Heading to c. 9...............................am. No. 45, 2005
c. 9.................................................ad. No. 99, 1998
am. No. 45, 2005; No. 128, 2006; No. 94, 2010
c. 9A..............................................ad. No. 36, 2011
cc. 10–12 .......................................ad. No. 99, 1998
am. No. 45, 2005
Heading to c. 13.............................am. No. 45, 2005
c. 13...............................................ad. No. 99, 1998
am. No. 45, 2005
Heading to c. 14.............................am. No. 45, 2005
c. 14...............................................ad. No. 99, 1998
am. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
388 Broadcasting Services Act 1992
Provision affected How affected
Heading to c. 15.............................am. No. 45, 2005
c. 15...............................................ad. No. 99, 1998
am. No. 45, 2005
cc. 16, 17 .......................................ad. No. 99, 1998
c. 18...............................................ad. No. 99, 1998
am. No. 45, 2005
Part 3
Subhead. to c. 19(7B) ...................am. No. 128, 2006
c. 19...............................................ad. No. 99, 1998
am. No. 108, 2000; No. 23, 2001; No. 45, 2005; No. 128, 2006; No. 158,
2008; No. 94, 2010; No. 36, 2011
Notes to c. 19(9), (10) ...................am. No. 46, 2011
Note to c. 19(21) ...........................am. No. 46, 2011
c. 20...............................................ad. No. 99, 1998
am. No. 108, 2000; No. 108, 2003; No. 45, 2005; No. 128, 2006; No. 36,
2011
c. 21...............................................ad. No. 99, 1998
c. 21A............................................ad. No. 36, 2011
Heading to c. 22.............................am. No. 45, 2005
c. 22...............................................ad. No. 99, 1998
am. No. 45, 2005
c. 22A............................................ad. No. 108, 2000
am. No. 45, 2005
c. 22AA .........................................ad. No. 36, 2011
Subhead. to c. 23(7) ......................am. No. 108, 2000; No. 128, 2006
c. 23...............................................ad. No. 99, 1998
am. No. 108, 2000; No. 45, 2005; No. 128, 2006; No. 36, 2011
cc. 24–26 .......................................ad. No. 99, 1998
am. No. 45, 2005
Heading to c. 27.............................am. No. 45, 2005
c. 27...............................................ad. No. 99, 1998
am. No. 45, 2005
Heading to c. 28.............................am. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 389
Provision affected How affected
c. 28...............................................ad. No. 99, 1998
am. No. 45, 2005
Heading to c. 29.............................am. No. 45, 2005
c. 29...............................................ad. No. 99, 1998
am. No. 45, 2005
cc. 30–32 .......................................ad. No. 99, 1998
c. 33...............................................ad. No. 99, 1998
am. No. 45, 2005
c. 34...............................................ad. No. 99, 1998
c. 35...............................................ad. No. 99, 1998
rs. No. 108, 2000
am. No. 128, 2006; No. 158, 2008
c. 35A............................................ad. No. 94, 2010
am. No. 36, 2011
c. 35AA .........................................ad. No. 128, 2006
c. 35A............................................ad. No. 108, 2000
rep. No. 128, 2006
c. 36...............................................ad. No. 99, 1998
am. No. 108, 2000; No. 128, 2006
c. 36A............................................ad. No. 99, 1998
rep. No. 108, 2000
Part 3A ..........................................ad. No. 108, 2000
rep. No. 128, 2006
cc. 36B, 36C..................................ad. No. 108, 2000
rep. No. 128, 2006
Part 4
Heading to Part 4 ...........................rs. No. 128, 2006
Heading to Div. 1 of Part 4............ad. No. 108, 2000
rep. No. 128, 2006
Div. 1 of Part 4 ..............................rep. No. 128, 2006
c. 37...............................................ad. No. 99, 1998
rs. No. 108, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
390 Broadcasting Services Act 1992
Provision affected How affected
rep. No. 128, 2006
cc. 37A–37D..................................ad. No. 108, 2000
rep. No. 128, 2006
Division 2
Heading to Div. 2 of Part 4............rs. No. 128, 2006
Div. 2 of Part 4 ..............................ad. No. 108, 2000
c. 37DAA ......................................ad. No. 94, 2010
c. 37DA .........................................ad. No. 128, 2006
c. 37E ............................................ad. No. 108, 2000
am. No. 23, 2001; No. 126, 2002; Nos. 4 and 108, 2003; No. 128, 2006
Subhead. to c. 37EA(2) .................am. No. 45, 2005
rep. No. 128, 2006
c. 37EA..........................................ad. No. 92, 2001
am. No. 126, 2002; No. 4, 2003; No. 45, 2005
rep. No. 128, 2006
c. 37F.............................................ad. No. 108, 2000
am. No. 23, 2001; No. 126, 2002; No. 4, 2003; No. 128, 2006
Subhead. to c. 37FA(2) .................am. No. 45, 2005
rep. No. 128, 2006
c. 37FA..........................................ad. No. 92, 2001
am. No. 126, 2002; No. 4, 2003; No. 45, 2005
rep. No. 128, 2006
c. 37G............................................ad. No. 108, 2000
am. No. 92, 2001; No. 45, 2005; Nos. 127 and 128, 2006
c. 37H............................................ad. No. 108, 2000
am. No. 92, 2001; No. 45, 2005; No. 128, 2006
c. 37J .............................................ad. No. 108, 2000
rep. No. 128, 2006
c. 37K............................................ad. No. 108, 2000
c. 37L ............................................ad. No. 108, 2000
rs. No. 4, 2003
c. 37M ...........................................ad. No. 108, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 391
Provision affected How affected
Heading to Div. 3 of Part 4............ad. No. 108, 2000
rs. No. 128, 2006
rep. No. 83, 2012
Div. 3 of Part 4 ..............................rs. No. 128, 2006
rep. No. 83, 2012
c. 38...............................................ad. No. 99, 1998
am. No. 108, 2000
rs. No. 128, 2006
am. No. 128, 2006; No. 94, 2010; No. 36, 2011
rep. No. 83, 2012
Heading to Div. 4 of Part 4............ad. No. 108, 2000
rep. No. 128, 2006
Div. 4 of Part 4 ..............................rep. No. 128, 2006
c. 39...............................................ad. No. 99, 1998
am. No. 108, 2000; No. 45, 2005
rep. No. 128, 2006
c. 40...............................................ad. No. 99, 1998
rep. No. 108, 2000
Division 5
Heading to Div. 5 of Part 4............ad. No. 108, 2000
c. 41...............................................ad. No. 99, 1998
Part 4A
Part 4A ..........................................ad. No. 128, 2006
Division 1
Div. 1 of Part 4A ...........................ad. No. 128, 2006
c. 41A............................................ad. No. 99, 1998
rep. No. 108, 2000
ad. No. 128, 2006
am. No. 94, 2010
cc. 41B–41F ..................................ad. No. 128, 2006
am. No. 94, 2010
cc. 41FA, 41FB .............................ad. No. 94, 2010
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
392 Broadcasting Services Act 1992
Provision affected How affected
c. 41G............................................ad. No. 128, 2006
am. No. 94, 2010; No. 36, 2011; No. 136, 2012
Division 2
Heading to Div. 2 of ......................
Part 4A
ad. No. 128, 2006
c. 41H............................................ad. No. 128, 2006
am. No. 94, 2010
cc. 41J–41L ...................................ad. No. 128, 2006
am. No. 94, 2010
cc. 41LA, 41LB .............................ad. No. 94, 2010
c. 41M ...........................................ad. No. 128, 2006
c. 41N............................................ad. No. 94, 2010
Part 5
c. 42...............................................ad. No. 99, 1998
am. No. 108, 2000
c. 43...............................................ad. No. 99, 1998
am. No. 108, 2000; No. 129, 2006; No. 94, 2010
c. 43A............................................ad. No. 108, 2000
c. 44...............................................ad. No. 99, 1998
am. No. 108, 2000
c. 45...............................................ad. No. 99, 1998
am. No. 45, 2005; No. 128, 2006
c. 45A............................................ad. No. 108, 2000
am. No. 45, 2005; No. 128, 2006
c. 46...............................................ad. No. 99, 1998
am. No. 45, 2005; No. 128, 2006
cc. 47, 48 .......................................ad. No. 99, 1998
am. No. 108, 2000
cc. 49, 50 .......................................ad. No. 99, 1998
Part 6
Subhead. to c. 51(8) ......................rs. No. 8, 2005
c. 51...............................................ad. No. 99, 1998
am. Nos. 8 and 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 393
Provision affected How affected
c. 52...............................................ad. No. 99, 1998
c. 53...............................................ad. No. 99, 1998
am. No. 108, 2000
rep. No. 45, 2005
Part 7
c. 54...............................................ad. No. 99, 1998
am. No. 45, 2005
cc. 55–58 .......................................ad. No. 99, 1998
Part 8
c. 59...............................................ad. No. 99, 1998
rep. No. 45, 2005
c. 59A............................................ad. No. 108, 2000
rep. No. 45, 2005
Heading to c. 60.............................am. No. 108, 2000
rep. No. 128, 2006
c. 60...............................................ad. No. 99, 1998
am. No. 108, 2000; No. 108, 2003; No. 45, 2005
rep. No. 128, 2006
Heading to c. 60A..........................am. No. 4, 2003
rep. No. 128, 2006
c. 60A............................................ad. No. 108, 2000
am. No. 4, 2003
rep. No. 128, 2006
c. 60B ............................................ad. No. 108, 2000
rep. No. 83, 2012
c. 60C ............................................ad. No. 108, 2000
rep. No. 45, 2005
ad. No. 128, 2006
am. No. 158, 2008
rep. No. 83, 2012
c. 60D............................................ad. No. 94, 2010
am. No. 83, 2012
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
394 Broadcasting Services Act 1992
Provision affected How affected
rep. No. 29, 2013
Heading to Part 9 ...........................am. No. 45, 2005
rep. No. 8, 2007
c. 61...............................................ad. No. 99, 1998
am. No. 122, 1999; No. 108, 2000
rep. No. 45, 2005
Part 10
c. 62...............................................ad. No. 99, 1998
am. No. 108, 2000; No. 45, 2005
c. 63...............................................ad. No. 99, 1998
am. No. 45, 2005
Part 11
c. 64...............................................ad. No. 99, 1998
Schedule 5
Schedule 5 .....................................ad. No. 90, 1999
Part 1
Subhead. to c. 1(3) ........................am. No. 127, 2004
rep. No. 124, 2007
c. 1.................................................ad. No. 90, 1999
am. No. 127, 2004
rep. No. 124, 2007
c. 2.................................................ad. No. 90, 1999
am. No. 61, 2004; No. 45, 2005; No. 124, 2007; No. 8, 2010
c. 3.................................................ad. No. 90, 1999
am. No. 45, 2005; No. 129, 2006; No. 124, 2007; No. 8, 2010
c. 4.................................................ad. No. 90, 1999
am. No. 45, 2005
rep. No. 124, 2007
c. 5.................................................ad. No. 90, 1999
am. No. 8, 2010
Heading to c. 6...............................am. No. 61, 2004
rep. No. 124, 2007
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 395
Provision affected How affected
c. 6.................................................ad. No. 90, 1999
am. No. 61, 2004
rep. No. 124, 2007
c. 7.................................................ad. No. 90, 1999
Part 2
Subhead. to c. 8(2) ........................am. No. 8, 2010
c. 8.................................................ad. No. 90, 1999
am. No. 8, 2010; No. 103, 2013
Note to c. 8(2) ...............................am. No. 46, 2011
c. 9.................................................ad. No. 90, 1999
am. No. 8, 2010; No. 103, 2013
Note to c. 9(2) ...............................am. No. 8, 2010
Part 3 .............................................rep. No. 124, 2007
c. 10...............................................ad. No. 90, 1999
am. No. 61, 2004
rep. No. 124, 2007
cc. 11–13 .......................................ad. No. 90, 1999
rep. No. 124, 2007
cc. 14, 15 .......................................ad. No. 90, 1999
am. No. 45, 2005
rep. No. 124, 2007
c. 16...............................................ad. No. 90, 1999
am. No. 13, 2001; No. 61, 2004; No. 45, 2005
rep. No. 124, 2007
c. 17...............................................ad. No. 90, 1999
am. No. 45, 2005
rep. No. 124, 2007
cc. 18, 19 .......................................ad. No. 90, 1999
rep. No. 124, 2007
c. 20...............................................ad. No. 90, 1999
am. No. 45, 2005
rep. No. 124, 2007
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
396 Broadcasting Services Act 1992
Provision affected How affected
c. 21...............................................ad. No. 90, 1999
am. No. 13, 2001
rep. No. 124, 2007
Part 4
Heading to Part 4 ...........................am. No. 45, 2005
Division 1
Heading to Div. 1 of Part 4............am. No. 45, 2005
c. 22...............................................ad. No. 90, 1999
am. No. 45, 2005
rep. No. 124, 2007
c. 23...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
c. 24...............................................ad. No. 90, 1999
am. No. 45, 2005
c. 25...............................................ad. No. 90, 1999
Division 2
Heading to Div. 2 of Part 4............am. No. 45, 2005
Heading to c. 26.............................am. No. 45, 2005
c. 26...............................................ad. No. 90, 1999
am. No. 45, 2005
Heading to c. 27.............................am. No. 45, 2005
rs. No. 124, 2007
c. 27...............................................ad. No. 90, 1999
am. No. 45, 2005
rs. No. 124, 2007
am. No. 8, 2010
cc. 28, 29 .......................................ad. No. 90, 1999
am. No. 45, 2005
Div. 3 of Part 4 ..............................rep. No. 124, 2007
c. 30...............................................ad. No. 90, 1999
am. No. 61, 2004; No. 45, 2005
rep. No. 124, 2007
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 397
Provision affected How affected
c. 31...............................................ad. No. 90, 1999
am. No. 45, 2005
rep. No. 124, 2007
Heading to c. 32.............................am. No. 61, 2004
rep. No. 124, 2007
c. 32...............................................ad. No. 90, 1999
am. No. 61, 2004; No. 45, 2005
rep. No. 124, 2007
cc. 33–36 .......................................ad. No. 90, 1999
am. No. 45, 2005
rep. No. 124, 2007
cc. 37–39 .......................................ad. No. 90, 1999
rep. No. 124, 2007
Division 4
c. 40...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010; No. 103, 2013
Note to c. 40(1) .............................am. No. 45, 2005
Note to c. 40(5) .............................am. No. 46, 2011
c. 41...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
Heading to c. 42.............................am. No. 8, 2010
c. 42...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
Heading to c. 43.............................am. No. 8, 2010
c. 43...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010
Heading to c. 44.............................am. No. 8, 2010
c. 44...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
Note to c. 44(2) .............................am. No. 45, 2005
Heading to c. 45.............................am. No. 8, 2010
c. 45...............................................ad. No. 90, 1999
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
398 Broadcasting Services Act 1992
Provision affected How affected
am. No. 45, 2005; No. 8, 2010
Note to c. 45(2) .............................am. No. 45, 2005
Heading to c. 46.............................am. No. 8, 2010
cc. 46, 47 .......................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010
Note to c. 47(1) .............................am. No. 45, 2005
c. 48...............................................ad. No. 90, 1999
am. No. 8, 2010
Heading to c. 49.............................am. No. 8, 2010
c. 49...............................................ad. No. 90, 1999
c. 50...............................................ad. No. 90, 1999
am. No. 8, 2010
Note to c. 50 ..................................am. No. 46, 2011
Heading to c. 51.............................am. No. 45, 2005
c. 51...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010; No. 103, 2013
Note to c. 51(2) .............................am. No. 45, 2005; No. 8, 2010
Part 5
Division 1
c. 52...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
Division 2
cc. 53, 54 .......................................ad. No. 90, 1999
c. 55...............................................ad. No. 90, 1999
am. No. 124, 2007; No. 8, 2010
Heading to c. 56.............................am. No. 8, 2010
c. 56...............................................ad. No. 90, 1999
rs. No. 124, 2007
am. No. 8, 2010
Heading to c. 57.............................am. No. 8, 2010
c. 57...............................................ad. No. 90, 1999
am. No. 8, 2010
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 399
Provision affected How affected
c. 58...............................................ad. No. 90, 1999
am. No. 103, 2013
Division 3
c. 59...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
Subheads. to c. 60(1), (2) ..............rs. No. 124, 2007
c. 60...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
Notes to c. 60(4), (5) .....................am. No. 46, 2011
c. 61...............................................ad. No. 90, 1999
Division 4
c. 62...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
Heading to c. 63.............................am. No. 45, 2005
c. 63...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010
Heading to c. 64.............................am. No. 8, 2010
c. 64...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010
c. 65...............................................ad. No. 90, 1999
cc. 66, 67 .......................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010
Division 5
Heading to c. 68.............................am. No. 45, 2005
c. 68...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010; No. 103, 2013
Heading to c. 69.............................am. No. 45, 2005
c. 69...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010; No. 103, 2013
Heading to c. 70.............................am. No. 45, 2005
c. 70...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010; No. 103, 2013
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
400 Broadcasting Services Act 1992
Provision affected How affected
Heading to c. 71.............................am. No. 45, 2005
c. 71...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010; No. 103, 2013
c. 72...............................................ad. No. 90, 1999
am. No. 8, 2010
c. 73...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010
c. 74...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010; No. 103, 2013
c. 75...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 103, 2013
c. 76...............................................ad. No. 90, 1999
am. No. 45, 2005
c. 77...............................................ad. No. 90, 1999
am. No. 45, 2005
Division 6
Heading to c. 78.............................am. No. 45, 2005
c. 78...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010
Part 6
c. 79...............................................ad. No. 90, 1999
am. No. 124, 2007
c. 80...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010; No. 103, 2013
c. 81...............................................ad. No. 90, 1999
am. No. 124, 2007; No. 8, 2010; No. 103, 2013
c. 82...............................................ad. No. 90, 1999
am. No. 5, 2001
c. 83...............................................ad. No. 90, 1999
am. No. 5, 2001; No. 45, 2005; No. 124, 2007; No. 8, 2010
c. 84...............................................ad. No. 90, 1999
am. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 401
Provision affected How affected
Heading to c. 85.............................am. No. 8, 2010
c. 85...............................................ad. No. 90, 1999
am. No. 45, 2005
rs. No. 124, 2007
am. No. 8, 2010
Part 7
c. 86...............................................ad. No. 90, 1999
c. 87...............................................ad. No. 90, 1999
am. No. 5, 2001
Part 8
Heading to c. 88.............................am. No. 124, 2007; No. 8, 2010
Subhead. to c. 88(1) ......................rep. No. 124, 2007
c. 88...............................................ad. No. 90, 1999
am. No. 124, 2007; No. 8, 2010
Heading to c. 89.............................am. No. 45, 2005
rep. No. 124, 2007
c. 89...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 27, 2007
rep. No. 124, 2007
Part 9
c. 90...............................................ad. No. 90, 1999
Heading to c. 91.............................am. No. 8, 2010
c. 91...............................................ad. No. 90, 1999
am. No. 8, 2010; No. 103, 2013
Note to c. 91(2) .............................am. No. 46, 2011
Notes to c. 91(4), (5) .....................am. No. 46, 2011
Part 10
c. 92...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 124, 2007; No. 8, 2010
c. 93...............................................ad. No. 90, 1999
am. No. 45, 2005
Part 11
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
402 Broadcasting Services Act 1992
Provision affected How affected
Heading to c. 94.............................am. No. 45, 2005
c. 94...............................................ad. No. 90, 1999
am. No. 45, 2005; No. 8, 2010
c. 95...............................................ad. No. 90, 1999
am. No. 8, 2010
c. 96...............................................ad. No. 90, 1999
Schedule 6
Schedule 6 .....................................ad. No. 108, 2000
Part 1
c. 1.................................................ad. No. 108, 2000
am. No. 45, 2005; No. 68, 2007; No. 8, 2010; No 51, 2013
c. 2.................................................ad. No. 108, 2000
am. Nos. 55 and 92, 2001; Nos. 8 and 94, 2010; No 51, 2013
c 2A...............................................ad No 51, 2013
Subhead. to c. 3(3) ........................am. No. 45, 2005
c. 3.................................................ad. No. 108, 2000
am. No. 45, 2005
Note to c. 3(7) ...............................am. No. 46, 2011
Subhead. to c. 4(3) ........................am. No. 45, 2005
c. 4.................................................ad. No. 108, 2000
am. No. 45, 2005
Note to c. 4(7) ...............................am. No. 46, 2011
Heading to c. 5...............................rs. No. 92, 2001
c. 5.................................................ad. No. 108, 2000
am. No. 92, 2001
c. 6.................................................ad. No. 108, 2000
Part 2
c. 7.................................................ad. No. 108, 2000
am. No. 45, 2005; No. 68, 2007
c. 8.................................................ad. No. 108, 2000
am. No. 45, 2005
c. 9.................................................ad. No. 108, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 403
Provision affected How affected
am. No. 45, 2005; No. 120, 2006
c. 10...............................................ad. No. 108, 2000
am. No. 5, 2001; No. 45, 2005
c. 11...............................................ad. No. 108, 2000
am. No. 45, 2005
Heading to c. 12.............................am. No. 45, 2005; No. 68, 2007
c. 12...............................................ad. No. 108, 2000
am. No. 45, 2005; No. 68, 2007; No. 8, 2010
c. 12A............................................ad. No. 68, 2007
am. No. 8, 2010
Part 3
Division 1
Subhead. to c. 13(4) ......................am. No. 45, 2005
c. 13...............................................ad. No. 108, 2000
am. No. 45, 2005
Note to c. 13(8) .............................am. No. 46, 2011
c. 14...............................................ad. No. 108, 2000
Subhead. to c. 15(4) ......................am. No. 45, 2005
c. 15...............................................ad. No. 108, 2000
am. No. 92, 2001; No. 45, 2005
Note to c. 15(8) .............................am. No. 46, 2011
c. 16...............................................ad. No. 108, 2000
am. No. 92, 2001
cc. 17, 18 .......................................ad. No. 108, 2000
c. 18A............................................ad. No. 108, 2000
c. 19...............................................ad. No. 108, 2000
Heading to c. 20.............................am. No. 8, 2010
c. 20...............................................ad. No. 108, 2000
am. No. 8, 2010
Heading to c. 20AA.......................am. No. 8, 2010
c. 20AA .........................................ad. No. 108, 2000
am. No. 8, 2010
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
404 Broadcasting Services Act 1992
Provision affected How affected
Div. 1A of Part 3 ...........................rep. No. 128, 2006
cc. 20A, 20B..................................ad. No. 108, 2000
rep. No. 128, 2006
Division 2
Subhead. to c. 21(4) ......................am. No. 45, 2005
Subheads. to c. 21(9), (10) ............am. No. 8, 2010
c. 21...............................................ad. No. 108, 2000
am. No. 92, 2001; No. 45, 2005; No. 8, 2010
Note to c. 21(8) .............................am. No. 46, 2011
cc. 22, 23 .......................................ad. No. 108, 2000
c. 23A............................................ad. No. 108, 2000
Division 2A
Heading to c. 23B..........................am. No. 8, 2010
c. 23B ............................................ad. No. 108, 2000
am. No. 45, 2005; No. 8, 2010
Division 3
c. 24...............................................ad. No. 108, 2000
am. No. 61, 2004; No. 45, 2005; No. 128, 2006; No. 68, 2007; No. 8, 2010
c. 24A............................................ad. No. 68, 2007
c. 25...............................................ad. No. 108, 2000
am. No. 45, 2005
Heading to c. 26.............................am. No. 45, 2005
Subhead. to c. 26(6) ......................am. No. 45, 2005
c. 26...............................................ad. No. 108, 2000
am. No. 45, 2005; No. 8, 2010
c. 27...............................................ad. No. 108, 2000
am. No. 45, 2005
Note to c. 27(1) .............................am. No. 46, 2011
Division 4
Heading to Div. 4 of Part 3............am. No. 8, 2010
Heading to c. 27A..........................am. No. 8, 2010
c. 27A............................................ad. No. 108, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 405
Provision affected How affected
am. No. 23, 2001; No. 45, 2005; No. 8, 2010
Part 4
c. 28...............................................ad. No. 108, 2000
am. No. 61, 2004; No. 45, 2005; No 98, 2013
Heading to c. 29.............................am. No. 45, 2005
c. 29...............................................ad. No. 108, 2000
am. No. 45, 2005
Heading to c. 30.............................am. No. 45, 2005
c. 30...............................................ad. No. 108, 2000
am. No. 45, 2005; No. 8, 2010
Heading to c. 31.............................am. No. 45, 2005
cc. 31–33 .......................................ad. No. 108, 2000
am. No. 45, 2005
Heading to c. 34.............................am. No. 45, 2005
c. 34...............................................ad. No. 108, 2000
am. No. 45, 2005
Heading to c. 35.............................am. No. 8, 2010
c. 35...............................................ad. No. 108, 2000
am. No. 8, 2010
c. 35A............................................ad. No. 23, 2001
Part 5
Heading to Part 5 ...........................am. No. 45, 2005
c. 36...............................................ad. No. 108, 2000
am. No. 45, 2005; No 51, 2013
c. 37...............................................ad. No. 108, 2000
am. No. 23, 2001; No. 45, 2005; No. 8, 2010
Heading to c. 38.............................am. No. 45, 2005
c. 38...............................................ad. No. 108, 2000
am. No. 45, 2005
Part 6
Heading to Part 6 ...........................rs. No. 23, 2001
cc. 39, 40 .......................................ad. No. 108, 2000
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
406 Broadcasting Services Act 1992
Provision affected How affected
rep. No. 23, 2001
Heading to c. 41.............................rs. No. 23, 2001
c. 41...............................................ad. No. 108, 2000
am. No. 128, 2006
Part 7
cc. 42, 43 .......................................ad. No. 108, 2000
cc. 44, 45 .......................................ad. No. 108, 2000
am. No. 45, 2005
c. 46...............................................ad. No. 108, 2000
am. No. 128, 2006
c. 47...............................................ad. No. 108, 2000
am. No. 45, 2005
c. 48...............................................ad. No. 108, 2000
am. No. 45, 2005; No. 8, 2010
Part 8
Division 1
Heading to Div. 1 of Part 8............am No 51, 2013
Heading to c 49..............................am No 51, 2013
c. 49...............................................ad. No. 108, 2000
am. No. 120, 2006; No 51, 2013
Note to c. 49
Renumbered Note 1.......................No. 172, 2000
Note 2 to c. 49 ...............................ad. No. 172, 2000
c. 50...............................................ad. No. 108, 2000
am. No. 45, 2005
rs. No. 120, 2006
Note to c. 50
Renumbered Note 1.......................No. 172, 2000
Note 1 to c. 50 ...............................rep. No. 120, 2006
Note 2 to c. 50 ...............................ad. No. 172, 2000
rep. No. 120, 2006
c. 51...............................................ad. No. 108, 2000
am. No. 45, 2005
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 407
Provision affected How affected
c. 51A............................................ad. No. 172, 2000
Division 2
c. 52...............................................ad. No. 108, 2000
am. No. 128, 2006; No. 68, 2007
c. 52A............................................ad. No. 120, 2006
am. No. 68, 2007
c. 53...............................................ad. No. 108, 2000
am. No. 45, 2005; No. 120, 2006
c. 54...............................................ad. No. 108, 2000
am. No. 45, 2005; No. 128, 2006 (as am. by 73, 2008); No. 68, 2007
c. 55...............................................ad. No. 108, 2000
am. No. 45, 2005
cc. 56, 57 .......................................ad. No. 108, 2000
Part 9
c. 58...............................................ad. No. 108, 2000
am. No. 8, 2010
c. 59...............................................ad. No. 108, 2000
am. No. 45, 2005
Part 10 ...........................................rep. No. 128, 2006
c. 60...............................................ad. No. 108, 2000
rep. No. 128, 2006
c. 61...............................................ad. No. 108, 2000
rep. No. 45, 2005
Schedule 7
Schedule 7 .....................................ad. No. 124, 2007
Part 1
c. 1.................................................ad. No. 124, 2007
c. 2.................................................ad. No. 124, 2007
am. No. 124, 2007; No. 8, 2010
cc. 3–9 ...........................................ad. No. 124, 2007
c. 9A..............................................ad. No. 124, 2007
cc. 10–19 .......................................ad. No. 124, 2007
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
408 Broadcasting Services Act 1992
Provision affected How affected
Part 2
Division 1
cc. 20, 21 .......................................ad. No. 124, 2007
Division 2
cc. 22–26 .......................................ad. No. 124, 2007
c. 27...............................................ad. No. 124, 2007
am. No. 46, 2011
Division 3
cc. 28, 29 .......................................ad. No. 124, 2007
Division 4
Subdivision A
c. 30...............................................ad. No. 124, 2007
am. No. 103, 2012
c. 31...............................................ad. No. 124, 2007
am. No. 46, 2011
cc. 32, 33 .......................................ad. No. 124, 2007
Subdivision B
c. 34...............................................ad. No. 124, 2007
Subdivision C
c. 35...............................................ad. No. 124, 2007
Division 5
c. 36...............................................ad. No. 124, 2007
Part 3
Division 1
cc. 37–42 .......................................ad. No. 124, 2007
Division 2
cc. 43–46 .......................................ad. No. 124, 2007
Division 3
cc. 47–54 .......................................ad. No. 124, 2007
c. 55...............................................ad. No. 124, 2007
am. No. 8, 2010
Note to c. 55 ..................................am. No. 46, 2011
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
Broadcasting Services Act 1992 409
Provision affected How affected
Division 4
cc. 56–59 .......................................ad. No. 124, 2007
c. 59A............................................ad. No. 124, 2007
cc. 60, 61 .......................................ad. No. 124, 2007
Division 5
cc. 62–68 .......................................ad. No. 124, 2007
Division 6
cc. 69–72 .......................................ad. No. 124, 2007
Part 4
Division 1
c. 73...............................................ad. No. 124, 2007
Division 2
cc. 74–79 .......................................ad. No. 124, 2007
Division 3
cc. 80–84 .......................................ad. No. 124, 2007
Division 4
cc. 85, 86 .......................................ad. No. 124, 2007
c. 87...............................................ad. No. 124, 2007
am. No. 8, 2010
cc. 88–90 .......................................ad. No. 124, 2007
Division 5
cc. 91–98 .......................................ad. No. 124, 2007
c. 99...............................................ad. No. 124, 2007
am. No. 8, 2010
c. 100.............................................ad. No. 124, 2007
Division 6
c. 101.............................................ad. No. 124, 2007
am. No. 8, 2010
Division 7
cc. 102, 103 ...................................ad. No. 124, 2007
Part 5
cc. 104, 105 ...................................ad. No. 124, 2007
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 4—Amendment history
410 Broadcasting Services Act 1992
Provision affected How affected
Part 6
cc. 106–110 ...................................ad. No. 124, 2007
Part 7
cc. 111, 112 ...................................ad. No. 124, 2007
Part 8
c. 113.............................................ad. No. 124, 2007
Part 9
cc. 114–117 ...................................ad. No. 124, 2007
c. 117A..........................................ad. No. 124, 2007
cc. 118–123 ...................................ad. No. 124, 2007
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 5—Uncommenced amendments
Broadcasting Services Act 1992 411
Endnote 5—Uncommenced amendments
Australian Charities and Not-for-profits Commission (Consequential and
Transitional) Act 2012 (No. 169, 2012)
Schedule 4
12 Subparagraph 212A(1)(a)(ii)
After ―not-for-profit entity‖, insert ―(within the meaning of the Income
Tax Assessment Act 1997)‖.
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630
Endnotes
Endnote 6—Modifications [none]
412 Broadcasting Services Act 1992
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630