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Broadcasting Services Act 1992 (consolidated as of October 3, 2013)



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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

ii Broadcasting Services Act 1992

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

iv Broadcasting Services Act 1992

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

vi Broadcasting Services Act 1992

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

Broadcasting Services Act 1992 vii

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

xiv Broadcasting Services Act 1992

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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Broadcasting Services Act 1992 xv

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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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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34 Broadcasting Services Act 1992

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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Part 2 Commercial television

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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Clause 6

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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Commercial television Part 2

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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Part 2 Commercial television

Clause 6

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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Clause 6A

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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Commercial television Part 2

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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Schedule 4 Digital television broadcasting

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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Digital television broadcasting Schedule 4

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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Schedule 4 Digital television broadcasting

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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Digital television broadcasting Schedule 4

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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Schedule 4 Digital television broadcasting

Part 2 Commercial television

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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Digital television broadcasting Schedule 4

Commercial television Part 2

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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Schedule 4 Digital television broadcasting

Part 2 Commercial television

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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Digital television broadcasting Schedule 4

ABC/SBS television Part 3

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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Schedule 4 Digital television broadcasting

Part 3 ABC/SBS television

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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Digital television broadcasting Schedule 4

ABC/SBS television Part 3

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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Schedule 4 Digital television broadcasting

Part 3 ABC/SBS television

Clause 19

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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Digital television broadcasting Schedule 4

ABC/SBS television Part 3

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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Schedule 4 Digital television broadcasting

Part 3 ABC/SBS television

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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Digital television broadcasting Schedule 4

ABC/SBS television Part 3

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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Schedule 4 Digital television broadcasting

Part 3 ABC/SBS television

Clause 19

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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Digital television broadcasting Schedule 4

ABC/SBS television Part 3

Clause 19

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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Schedule 4 Digital television broadcasting

Part 3 ABC/SBS television

Clause 20

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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Digital television broadcasting Schedule 4

ABC/SBS television Part 3

Clause 20

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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Schedule 4 Digital television broadcasting

Part 3 ABC/SBS television

Clause 20

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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Clause 21

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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ABC/SBS television Part 3

Clause 21A

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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ABC/SBS television Part 3

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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Part 3 ABC/SBS television

Clause 23

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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ABC/SBS television Part 3

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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ABC/SBS television Part 3

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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Digital television broadcasting Schedule 4

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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Schedule 4 Digital television broadcasting

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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Schedule 4 Digital television broadcasting

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:

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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:

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 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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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 45

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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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 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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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 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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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 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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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 51

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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Online services Schedule 5

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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Schedule 5 Online services

Part 5 Industry codes and industry standards

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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Industry codes and industry standards Part 5

General principles relating to industry codes and industry standards Division 3

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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Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

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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Online services Schedule 5

Industry codes and industry standards Part 5

General principles relating to industry codes and industry standards Division 3

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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Schedule 5 Online services

Part 5 Industry codes and industry standards

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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Online services Schedule 5

Industry codes and industry standards Part 5

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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Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 4 Industry codes

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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Industry codes and industry standards Part 5

Industry codes Division 4

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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Schedule 5 Online services

Part 5 Industry codes and industry standards

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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Online services Schedule 5

Industry codes and industry standards Part 5

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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Schedule 5 Online services

Part 5 Industry codes and industry standards

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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Online services Schedule 5

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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Online services Schedule 5

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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Online services Schedule 5

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 services Schedule 5

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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Schedule 5 Online services

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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Schedule 5 Online services

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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Online services Schedule 5

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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Online services Schedule 5

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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Schedule 5 Online services

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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Online services Schedule 5

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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Datacasting services Schedule 6

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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Schedule 6 Datacasting services

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.

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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.

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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.

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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).

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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.

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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.

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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.

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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.

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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.

Rectified 30/10/2013 ComLaw Authoritative Act C2013C00630

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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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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Schedule 7 Content services

Part 1 Introduction

Clause 2

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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Introduction Part 1

Clause 2

Broadcasting Services Act 1992 241

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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Part 1 Introduction

Clause 2

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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Content services Schedule 7

Introduction Part 1

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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Clause 2

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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Content services Schedule 7

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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Schedule 7 Content services

Part 1 Introduction

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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Content services Schedule 7

Introduction Part 1

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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Clause 7

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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Content services Schedule 7

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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Schedule 7 Content services

Part 1 Introduction

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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Content services Schedule 7

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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Schedule 7 Content services

Part 1 Introduction

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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Content services Schedule 7

Introduction Part 1

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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Schedule 7 Content services

Part 1 Introduction

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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Schedule 7 Content services

Part 2 Classification of content

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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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 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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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 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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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 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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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 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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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 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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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 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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Content services Schedule 7

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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Schedule 7 Content services

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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Content services Schedule 7

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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Schedule 7 Content services

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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Content services Schedule 7

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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Schedule 7 Content services

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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Content services Schedule 7

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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Schedule 7 Content services

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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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 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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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

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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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 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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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 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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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 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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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 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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Content services Schedule 7

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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Schedule 7 Content services

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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Content services Schedule 7

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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Content services Schedule 7

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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Content services Schedule 7

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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Schedule 7 Content services

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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Schedule 7 Content services

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).

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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:

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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)

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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

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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

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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

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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

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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