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Broadcasting Services Act 1992
No. 110, 1992
Compilation No. 93
Compilation date: 20 June 2018
Includes amendments up to: Act No. 43, 2018
Registered: 20 June 2018
This compilation is in 2 volumes
Volume 1: sections 1–218
Schedules 1 and 2
Volume 2: Schedules 4–8
Endnotes
Each volume has its own contents
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Broadcasting Services Act 1992 that shows the text
of the law as amended and in force on 20 June 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Contents
Schedule 4—Digital television broadcasting 1
Part 1—Introduction 1 1 Simplified outline of this Schedule....................................................1
2 Definitions.........................................................................................1
4 Digital mode ......................................................................................4
4A HDTV digital mode...........................................................................4
4B SDTV digital mode............................................................................4
5 Remote licence area...........................................................................4
5A SDTV multi-channelled commercial television broadcasting
service................................................................................................5
5B HDTV multi-channelled commercial television broadcasting
service................................................................................................5
5C SDTV multi-channelled national television broadcasting
service................................................................................................5
5D HDTV multi-channelled national television broadcasting
service................................................................................................6
Part 3—ABC/SBS television 8 36 Digital transmitter not to be used to provide a subscription
television broadcasting service etc. ...................................................8
Part 4A—Primary television broadcasting services 9
Division 1—Commercial television broadcasting services 9
41G Primary commercial television broadcasting service.........................9
Division 2—National television broadcasting services 10
41M Primary national television broadcasting service.............................10
41N Primary satellite national television broadcasting service ...............10
Part 5—Transmitter access regime 11 42 Simplified outline ............................................................................11
43 Definitions.......................................................................................12
43A Designated associated facilities .......................................................12
44 Extended meaning of access ............................................................13
45 Access to broadcasting transmission towers ....................................13
45A Access to designated associated facilities........................................15
46 Access to sites of broadcasting transmission towers........................17
47 Terms and conditions of access .......................................................19
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48 Code relating to access ....................................................................21
49 Arbitration—acquisition of property ...............................................21
50 Relationship between this Part and the National
Transmission Network Sale Act 1998 ..............................................22
Part 10—Review of decisions 23 62 Review by the AAT.........................................................................23
63 Notification of decisions to include notification of reasons
and appeal rights..............................................................................23
Schedule 5—Online services 24
Part 1—Introduction 24 2 Simplified outline ............................................................................24
3 Definitions.......................................................................................25
5 Internet content that consists of a film.............................................27
7 Extended meaning of use.................................................................27
Part 2—Internet service providers 29 8 Internet service providers ................................................................29
9 Supply to the public.........................................................................29
Part 4—Complaints to, and investigations by, the
Commissioner 31
Division 1—Making of complaints to the Commissioner 31
23 Complaints about breaches of online provider rules etc. .................31
24 Form of complaint ...........................................................................31
25 Residency etc. of complainant .........................................................31
Division 2—Investigations by the Commissioner 32
27 Commissioner may investigate matters ...........................................32
28 Conduct of investigations ................................................................32
29 Protection from civil proceedings....................................................32
Division 4—Action to be taken in relation to a complaint about
prohibited content hosted outside Australia 33
40 Action to be taken in relation to a complaint about prohibited
content hosted outside Australia ......................................................33
41 Deferral of action in order to avoid prejudicing a criminal
investigation ....................................................................................35
42 Withdrawal of notification of content—reclassification of
internet content ................................................................................35
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43 Withdrawal of notification of content—reclassification of
internet content that consists of a film or a computer game.............36
44 Revocation of standard access-prevention notice—
reclassification of internet content...................................................37
45 Revocation of standard access-prevention notice—
reclassification of internet content that consists of a film or a
computer game ................................................................................38
46 Anti-avoidance—notified internet content ......................................38
47 Anti-avoidance—special access-prevention notice..........................39
48 Compliance with access-prevention notices ....................................41
49 Notification of internet content........................................................41
50 Application of notifications under this Division..............................41
51 Commissioner may be taken to have issued
access-prevention notices ................................................................42
Part 5—Industry codes and industry standards 43
Division 1—Simplified outline 43
52 Simplified outline ............................................................................43
Division 2—Interpretation 44
53 Industry codes..................................................................................44
54 Industry standards............................................................................44
55 Internet activity................................................................................44
56 Section of the internet industry........................................................44
57 Participants in a section of the internet industry ..............................44
58 Designated body ..............................................................................44
Division 3—General principles relating to industry codes and
industry standards 45
59 Statement of regulatory policy.........................................................45
60 Matters that must be dealt with by industry codes and
industry standards............................................................................45
61 Industry codes and industry standards not to deal with
certain matters .................................................................................49
Division 4—Industry codes 50
62 Registration of industry codes .........................................................50
63 Commissioner may request codes....................................................52
64 Publication of notice where no body or association
represents a section of the internet industry.....................................53
65 Replacement of industry codes ........................................................53
66 Compliance with industry codes......................................................53
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67 Formal warnings—breach of industry codes ...................................54
Division 5—Industry standards
68 Commissioner may determine an industry standard if a
request for an industry code is not complied with ...........................55
69 Commissioner may determine industry standard where no
industry body or association formed................................................56
70 Commissioner may determine industry standards—total
failure of industry codes ..................................................................57
71 Commissioner may determine industry standards—partial
failure of industry codes ..................................................................58
72 Compliance with industry standards................................................60
73 Formal warnings—breach of industry standards .............................60
74 Variation of industry standards........................................................60
75 Revocation of industry standards.....................................................61
77 Consultation with designated body..................................................61
Division 6—Register of industry codes and industry standards 62
78 Commissioner to maintain Register of industry codes and
industry standards............................................................................62
Part 6—Online provider rules 63 79 Online provider rules .......................................................................63
80 Online provider determinations .......................................................63
81 Exemptions from online provider determinations ...........................64
82 Compliance with online provider rules............................................64
83 Remedial directions—breach of online provider rules ....................65
84 Formal warnings—breach of online provider rules .........................66
85 Federal Court may order a person to cease supplying internet
carriage services ..............................................................................66
Part 7—Offences 67 86 Continuing offences.........................................................................67
87 Conduct by directors, employees and agents ...................................67
Part 8—Protection from civil and criminal proceedings 70 88 Protection from civil proceedings—internet service
providers..........................................................................................70
Part 9—Operation of State and Territory laws etc. 71 90 Concurrent operation of State and Territory laws............................71
91 Liability of internet content hosts and internet service
providers under State and Territory laws etc. ..................................71
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Part 10—Review of decisions 73 92 Review by the AAT.........................................................................73
93 Notification of decisions to include notification of reasons
and appeal rights..............................................................................73
Part 11—Miscellaneous 75 94 Additional Commissioner functions ................................................75
96 Schedule not to affect performance of State or Territory
functions ..........................................................................................75
Schedule 6—Datacasting services 76
Part 1—Introduction 76 1 Simplified outline ............................................................................76
2 Definitions.......................................................................................77
2A Designated datacasting service ........................................................80
3 Educational programs ......................................................................80
4 Information-only programs..............................................................81
5 Foreign-language news or current affairs programs ........................83
6 Datacasting content is taken not to be a television program or
a radio program etc. .........................................................................83
Part 2—Datacasting licences 85 7 Allocation of datacasting licence.....................................................85
8 When datacasting licence must not be allocated..............................85
9 Unsuitable applicant ........................................................................85
10 Transfer of datacasting licences.......................................................86
11 Surrender of datacasting licences ....................................................87
12 ACMA to maintain Register of datacasting licences .......................87
Part 3—Conditions of datacasting licences 88
Division 1—Genre conditions 88
13 Category A television programs ......................................................88
14 Condition relating to category A television programs .....................89
15 Category B television programs ......................................................90
16 Condition relating to category B television programs .....................91
17 Genre conditions do not apply to Parliamentary proceedings
etc. ...................................................................................................93
18 Genre conditions do not apply to matter that consists of no
more than text or still visual images etc...........................................93
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18A Genre conditions do not apply to advertising or sponsorship
material............................................................................................94
19 Genre conditions do not apply to interactive computer games ........94
20 Genre conditions do not apply to internet carriage services or
ordinary email..................................................................................94
20AA Genre conditions do not apply to certain content copied from
the internet.......................................................................................95
Division 2—Audio content condition 96
21 Audio content condition ..................................................................96
22 Audio content condition does not apply to Parliamentary
proceedings etc. ...............................................................................97
23 Audio content condition does not apply to matter that
consists of no more than text or still visual images etc. ...................98
23A Audio content condition does not apply to advertising or
sponsorship material ........................................................................98
Division 2A—Genre conditions: anti-avoidance 99
23B Anti-avoidance—declared internet carriage services.......................99
Division 3—Other conditions 100
24 General conditions.........................................................................100
25 Suitability condition ......................................................................102
26 Additional conditions imposed by the ACMA ..............................103
27 Restricted access system................................................................104
Division 4—Exemption orders for content copied from the
internet 105
27A Exemption orders in relation to content copied from the
internet...........................................................................................105
Part 4—Codes of practice 106 28 Development of codes of practice .................................................106
30 ACMA to maintain Register of codes of practice..........................109
31 ACMA may determine standards where codes of practice fail
or where no code of practice developed ........................................110
32 Consultation on standards..............................................................110
33 Notification of determination or variation or revocation of
standards........................................................................................110
34 Limitation of ACMA’s power in relation to standards ..................111
35 This Part does not apply to internet carriage services or
ordinary email................................................................................111
35A This Part does not apply to the ABC or SBS .................................111
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Part 5—Complaints to the ACMA about datacasting services 112 36 Complaints about offences or breach of licence conditions...........112
37 Complaints under codes of practice...............................................112
38 Investigation of complaints by the ACMA....................................113
Part 6—Control of datacasting transmitter licences 114 41 Datacasting transmitter licences not to be controlled by ABC
or SBS ...........................................................................................114
Part 7—Nominated datacaster declarations 115 42 Object of this Part..........................................................................115
43 Datacasting transmitter licence......................................................115
44 Applications for nominated datacaster declarations ......................115
45 Making a nominated datacaster declaration...................................116
46 Effect of nominated datacaster declaration....................................116
47 Revocation of nominated datacaster declaration............................117
48 Register of nominated datacaster declarations...............................118
Part 8—Remedies for breaches of licensing provisions 120
Division 1—Providing a designated datacasting service without a
licence 120
49 Prohibition on providing a designated datacasting service
without a licence............................................................................120
50 Remedial directions—unlicensed datacasting services..................120
51 Exemption for broadcasting licensees etc. .....................................122
51A Exemption for designated teletext services....................................122
Division 2—Breaches of licence conditions 123
52 Offence for breach of conditions ...................................................123
52A Civil penalty provision relating to breach of conditions of
datacasting licences .......................................................................123
53 Remedial directions—breach of conditions...................................123
54 Suspension and cancellation ..........................................................124
55 Injunctions.....................................................................................126
56 Federal Court’s powers relating to injunctions ..............................126
57 Stay of proceedings relating to additional licence conditions,
remedial directions and suspension/cancellation decisions ...........128
Part 9—Review of decisions 130 58 Review by the Administrative Appeals Tribunal...........................130
59 Notification of decisions to include notification of reasons
and appeal rights............................................................................131
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Schedule 7—Content services 132
Part 1—Introduction 132 1 Simplified outline ..........................................................................132
2 Definitions.....................................................................................134
3 Australian connection ....................................................................144
4 Hosting service ..............................................................................145
5 Content service provider................................................................145
6 When content is provided by a content service..............................146
7 When content service is provided to the public etc........................146
8 Links to content .............................................................................146
9 Services supplied by way of a voice call or video call...................146
9A Ancillary subscription television content service ..........................147
10 Classification of live content etc....................................................148
11 Eligible electronic publication.......................................................149
12 Re-transmitted broadcasting services ............................................149
13 Re-transmitted datacasting services...............................................150
14 Restricted access system................................................................150
15 R 18+ content and MA 15+ content ..............................................151
16 Content that consists of a film .......................................................152
17 Extended meaning of use...............................................................152
18 Trained content assessor ................................................................152
19 Extra-territorial application ...........................................................153
Part 2—Classification of content 154
Division 1—Prohibited content and potential prohibited content 154
20 Prohibited content..........................................................................154
21 Potential prohibited content...........................................................155
Division 2—Classification of content 157
22 Applications for classification of content ......................................157
23 Classification of content ................................................................158
24 Classification of content that consists of a film, a computer
game or an eligible electronic publication .....................................158
25 Classification of content that does not consist of a film, a
computer game or an eligible electronic publication .....................159
26 Deemed classification of content classified under Schedule 5.......160
27 Fees ...............................................................................................160
Division 3—Reclassification 162
28 Reclassification of content.............................................................162
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29 Notice of intention to reclassify content ........................................162
Division 4—Review of classification decisions 164
Subdivision A—Review of classification of content 164
30 Persons who may apply for review................................................164
31 Applications for review .................................................................165
32 Classification Review Board may refuse to deal with review
applications that are frivolous etc. .................................................166
33 Review...........................................................................................166
Subdivision B—Review of content that consists of a film or a
computer game 167
34 Review of classification of content that consists of a film or
a computer game............................................................................167
Subdivision C—Review of content that consists of an eligible
electronic publication 167
35 Review of classification of content that consists of an
eligible electronic publication........................................................167
Division 5—Miscellaneous 169
36 Decisions of the Classification Board etc. .....................................169
Part 3—Complaints to, and investigations by, the
Commissioner 170
Division 1—Making of complaints to the Commissioner 170
37 Complaints about prohibited content or potential prohibited
content ...........................................................................................170
38 Complaints relating to breach of a designated
content/hosting service provider rule etc. ......................................172
39 Form of complaint .........................................................................172
40 Recordings of live content .............................................................173
41 Residency etc. of complainant .......................................................173
42 Escalation of complaints made under industry codes etc...............174
Division 2—Investigations by the Commissioner 175
44 Commissioner may investigate matters .........................................175
45 Conduct of investigations ..............................................................175
46 Protection from civil proceedings..................................................176
Division 3—Action to be taken in relation to hosting services 177
47 Action to be taken in relation to hosting services ..........................177
48 Revocation of interim take-down notices—voluntary
withdrawal of content ....................................................................181
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49 Revocation of final take-down notices—reclassification of
content ...........................................................................................182
50 Revocation of final take-down notices—reclassification of
content that consists of a film or a computer game........................182
51 Revocation of final take-down notices—reclassification of a
corresponding print publication.....................................................183
52 Anti-avoidance—special take-down notices..................................183
53 Compliance with rules relating to prohibited content etc. .............185
54 Identification of content.................................................................186
55 Application of notices under this Division ....................................186
Division 4—Action to be taken in relation to live content services 187
56 Action to be taken in relation to live content services ...................187
57 Undertaking—alternative to service-cessation notice....................190
58 Revocation of service-cessation notices—undertaking..................191
59 Revocation of final service-cessation notices—
reclassification of content ..............................................................191
59A Anti-avoidance—special service-cessation notices .......................192
60 Compliance with rules relating to prohibited content etc. .............193
61 Identification of content.................................................................194
Division 5—Action to be taken in relation to links services 195
62 Action to be taken in relation to links services ..............................195
63 Revocation of interim link-deletion notices—voluntary
deletion of link...............................................................................199
64 Revocation of final link-deletion notices—reclassification of
content ...........................................................................................200
65 Revocation of final link-deletion notices—reclassification of
content that consists of a film or a computer game........................200
66 Revocation of final link-deletion notices—reclassification of
a corresponding print publication ..................................................201
67 Anti-avoidance—special link-deletion notices ..............................201
68 Compliance with rules relating to prohibited content etc. .............203
Division 6—Law enforcement agencies 205
69 Referral of matters to law enforcement agencies ...........................205
70 Deferral of action in order to avoid prejudicing a criminal
investigation—hosting services .....................................................206
71 Deferral of action in order to avoid prejudicing a criminal
investigation—live content services ..............................................206
72 Deferral of action in order to avoid prejudicing a criminal
investigation—links services .........................................................207
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Part 4—Industry codes and industry standards 208
Division 1—Simplified outline 208
73 Simplified outline ..........................................................................208
Division 2—Interpretation 209
74 Industry codes................................................................................209
75 Industry standards..........................................................................209
76 Content activity .............................................................................209
77 Sections of the content industry.....................................................209
78 Participants in a section of the content industry ............................210
79 Designated body ............................................................................210
Division 3—General principles relating to industry codes and
industry standards 211
80 Statement of regulatory policy.......................................................211
81 Matters that must be dealt with by industry codes and
industry standards—commercial content providers.......................211
82 Examples of matters that may be dealt with by industry
codes and industry standards .........................................................213
83 Escalation of complaints................................................................215
84 Collection of personal information ................................................215
Division 4—Industry codes 217
85 Registration of industry codes .......................................................217
86 Commissioner may request codes..................................................218
87 Publication of notice where no body or association
represents a section of the content industry ...................................219
88 Replacement of industry codes ......................................................220
89 Compliance with industry codes....................................................220
90 Formal warnings—breach of industry codes .................................220
Division 5—Industry standards 221
91 Commissioner may determine an industry standard if a
request for an industry code is not complied with .........................221
92 Commissioner may determine industry standard where no
industry body or association formed..............................................222
93 Commissioner may determine industry standards—total
failure of industry codes ................................................................223
94 Commissioner may determine industry standards—partial
failure of industry codes ................................................................224
95 Compliance with industry standards..............................................226
96 Formal warnings—breach of industry standards ...........................226
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97 Variation of industry standards......................................................226
98 Revocation of industry standards...................................................227
99 Public consultation on industry standards......................................227
100 Consultation with designated body................................................228
Division 6—Register of industry codes and industry standards 229
101 Commissioner to maintain Register of industry codes and
industry standards..........................................................................229
Division 7—Miscellaneous 230
102 Industry codes may provide for matters by reference to other
instruments ....................................................................................230
103 Industry standards may provide for matters by reference to
other instruments ...........................................................................230
Part 5—Designated content/hosting service provider
determinations 231 104 Designated content/hosting service provider determinations.........231
105 Exemptions from designated content/hosting service
provider determinations.................................................................232
Part 6—Enforcement 233 106 Compliance with designated content/hosting service provider
rules—offence ...............................................................................233
107 Compliance with designated content/hosting service provider
rules—civil penalty provision........................................................233
108 Remedial directions—breach of designated content/hosting
service provider rules ....................................................................234
109 Formal warnings—breach of designated content/hosting
service provider rules ....................................................................235
110 Federal Court may order a person to cease providing
designated content/hosting services...............................................235
Part 7—Protection from civil and criminal proceedings 236 111 Protection from civil proceedings—service providers...................236
112 Protection from criminal proceedings—Commissioner,
Classification Board and Classification Review Board .................236
Part 8—Review of decisions 238 113 Review by the Administrative Appeals Tribunal...........................238
Part 9—Miscellaneous 241 114 Additional Commissioner functions ..............................................241
115 Recordings of content etc. .............................................................241
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116 Samples of content to be submitted for classification....................242
117 Service of summons, process or notice on corporations
incorporated outside Australia .......................................................242
117A Meaning of broadcasting service ..................................................243
119 This Schedule does not limit Schedule 5 .......................................243
120 This Schedule does not limit the Telecommunications Act
1997...............................................................................................243
121 Implied freedom of political communication.................................243
122 Concurrent operation of State and Territory laws..........................244
123 Schedule not to affect performance of State or Territory
functions ........................................................................................244
Schedule 8—Online content services 245
Part 1—Introduction 245 1 Simplified outline of this Schedule................................................245
2 Definitions.....................................................................................245
3 Online content service ...................................................................248
4 Exempt online simulcast service ...................................................250
5 Geographical link to Australia.......................................................251
6 Online content service provider.....................................................251
7 When content is provided on an online content service.................251
8 When a service is provided to the public etc. ................................252
9 Extended meaning of using ...........................................................252
10 Extra-territorial application ...........................................................252
Part 2—Online content service provider rules 253 11 Online content service provider rules ............................................253
12 Administrative decisions ...............................................................253
Part 3—Gambling promotional content 254
Division 1—Online content service provider rules relating to
gambling promotional content 254
13 Gambling promotional content ......................................................254
14 Accidental or incidental provision of gambling promotional
content ...........................................................................................255
15 Individual exemptions from online content service provider
rules ...............................................................................................256
16 Class exemptions from online content service provider rules........258
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Division 2—Interpretive provisions 260
17 When a part of an online content service is taken to be an
online content service in its own right ...........................................260
18 Gambling service...........................................................................260
19 Sporting event................................................................................261
20 Live coverage of a sporting event..................................................262
21 Gambling promotional content provided in conjunction with
live coverage of a sporting event ...................................................262
22 Scheduled start of a sporting event ................................................263
23 Conclusion of a sporting event ......................................................263
Part 4—Complaints 264 24 Complaints to ACMA—online content service provider rules ......264
Part 5—Enforcement 265 25 Compliance with the online content service provider rules ...........265
26 Remedial directions—breach of the online content service
provider rules.................................................................................265
Part 6—Miscellaneous 267 27 Minister may direct the ACMA about the exercise of its
powers ...........................................................................................267
28 Service of notices by electronic means..........................................267
29 Service of summons, process or notice on corporations
incorporated outside Australia .......................................................267
30 This Schedule does not limit Schedule 5 or 7................................268
31 Schedule 5 or 7 does not limit this Schedule .................................268
32 Implied freedom of political communication.................................268
33 Acquisition of property..................................................................269
34 Concurrent operation of State and Territory laws..........................269
35 Schedule not to affect performance of State or Territory
functions ........................................................................................269
Endnotes 270
Endnote 1—About the endnotes 270
Endnote 2—Abbreviation key 272
Endnote 3—Legislation history 273
Endnote 4—Amendment history 288
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Digital television broadcasting Schedule 4
Introduction Part 1
Clause 1
Schedule 4—Digital television broadcasting Note: See section 216A.
Part 1—Introduction
1 Simplified outline of this Schedule
National broadcasters who operate a transmitter are subject to
restrictions regarding the services that may be transmitted in digital
mode using the transmitter.
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.
Applications to the AAT for review of a decision regarding access
may be made by the person seeking access, or by the owner or
operator of the facility to which access is sought.
2 Definitions
In this Schedule, unless the contrary intention appears:
AAT means the Administrative Appeals Tribunal.
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.
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Schedule 4 Digital television broadcasting
Part 1 Introduction
Clause 2
coverage area means:
(a) a metropolitan coverage area; or
(b) a regional coverage area.
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.
licence area means a licence area for a commercial television
broadcasting licence.
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 television broadcasting service means a national
broadcasting service that provides television programs.
news or current affairs program means any of the following:
(a) a news bulletin;
(b) a sports news bulletin;
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(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.
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 digital mode has the meaning given by clause 4B.
SDTV multi-channelled commercial television broadcasting
service has the meaning given by clause 5A.
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Clause 4
SDTV multi-channelled national television broadcasting service
has the meaning given by clause 5C.
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.
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.
5 Remote licence area
(1) The ACMA may, by legislative instrument, 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.
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(2) A determination under this clause has effect accordingly.
5A SDTV multi-channelled commercial television broadcasting
service
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.
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:
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(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.
(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
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(c) the service is promoted as a service that is distinct from any
other national television broadcasting service provided by the
Corporation concerned.
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Part 3 ABC/SBS television
Clause 36
Part 3—ABC/SBS television
36 Digital transmitter not to be used to provide a subscription
television broadcasting service etc.
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
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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Clause 41G
Part 4A—Primary television broadcasting services
Division 1—Commercial television broadcasting services
41G Primary commercial television broadcasting service
(2) The ACMA may, by legislative instrument, declare that a specified
multi-channelled commercial television broadcasting service
provided by a commercial television broadcasting licensee 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 licensee commences to provide a
multi-channelled commercial television broadcasting service in the
licence area.
Service provided under a section 38C licence
(4) The ACMA may, by legislative instrument, declare that one or
more specified 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 for the licence area concerned.
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Division 2 National television broadcasting services
Clause 41M
Division 2—National television broadcasting services
41M Primary national television broadcasting service
(1) A national broadcaster must, by written notice given to the
Minister, declare that a specified multi-channelled national
television broadcasting service provided by the national
broadcaster in a specified coverage area is the broadcaster’s
primary national television broadcasting service in the coverage
area.
(2) The national broadcaster must ensure that a declaration under
subclause (1) is in force at all times, 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 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 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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Clause 42
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.
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Clause 43
43 Definitions
In this Part:
ACCC means the Australian Competition and Consumer
Commission.
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
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(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.
(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
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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
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
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(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
(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
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(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
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):
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(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
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:
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(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.
(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
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(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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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
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those members are to be nominated in writing by the Chair of the
ACCC.
(5) Subclause (4) does not, by implication, limit subclause (3).
48 Code relating to access
(1) The ACCC may, by legislative 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.
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.
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(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.
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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Review of decisions Part 10
Clause 62
Part 10—Review of decisions
62 Review by the AAT
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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Clause 2
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 Commissioner is satisfied that internet content hosted
outside Australia is prohibited content or potential prohibited
content, the Commissioner must:
(a) if the Commissioner 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 Commissioner has a reserve power to make an industry
standard if there are no industry codes or if an industry code is
deficient.
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Clause 3
• The Commissioner may make online provider determinations
regulating internet service providers.
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.
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designated notification scheme means a scheme:
(a) in the nature of a scheme for substituted service; and
(b) under which the Commissioner is taken, for the purposes of
this Schedule, to have notified each internet service provider
of a matter or thing.
Note: For example, the Commissioner 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 email; or
(d) information that is transmitted in the form of a broadcasting
service.
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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 email does not include a posting to a newsgroup.
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:
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(a) in isolation; or
(b) in conjunction with one or more other things.
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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 Legislation 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.
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(3) If:
(a) an internet carriage service is used to supply
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.
(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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Making of complaints to the Commissioner Division 1
Clause 23
Part 4—Complaints to, and investigations by, the
Commissioner
Division 1—Making of complaints to the Commissioner
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 Commissioner about the
matter.
24 Form of complaint
(1) A complaint under this Division is to be in writing.
(2) However, the Commissioner 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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Division 2 Investigations by the Commissioner
Clause 27
Division 2—Investigations by the Commissioner
27 Commissioner may investigate matters
If the Commissioner thinks that it is desirable to do so, the
Commissioner may, on his or her own initiative or in response to a
complaint made under Division 1, 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
Commissioner thinks fit.
(2) The Commissioner may, for the purposes of an investigation,
obtain information from such persons, and make such inquiries, as
he or she thinks fit.
(3) This clause has effect subject to Part 13 of this Act (which confers
certain investigative powers on the Commissioner).
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 Commissioner in connection with an
investigation under this Division.
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Action to be taken in relation to a complaint about prohibited content hosted outside
Australia Division 4
Clause 40
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 Commissioner is satisfied that internet content
hosted outside Australia is prohibited content or potential
prohibited content, the Commissioner must:
(a) if the Commissioner 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 Commissioner
and the chief (however described) of an Australian
police force under which the Commissioner 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 Commissioner 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 Commissioner 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:
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Clause 40
(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
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 Commissioner 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
Commissioner 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 Legislation 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
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Australia Division 4
Clause 41
arrangement between the Commissioner 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 Commissioner’s
powers to refer other matters to a member of an Australian police
force.
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 Commissioner is satisfied that internet
content hosted outside Australia is prohibited content or
potential prohibited content; and
(b) apart from this subclause, the Commissioner 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
Commissioner 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 Commissioner 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:
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Clause 43
(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
(b) a code registered, or standard determined, under Part 5 of this
Schedule deals with the matters referred to in
subclause 60(2);
the Commissioner 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
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Clause 44
(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 Commissioner 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:
(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 Commissioner is taken to have revoked the standard
access-prevention notice.
(2) If a standard access-prevention notice is revoked under this clause,
the Commissioner must give the internet service provider
concerned a written notice stating that the standard
access-prevention notice has been revoked.
Note: The Commissioner may be taken to have given a notice under
subclause (2)—see clause 51.
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Clause 45
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 Commissioner is taken to have revoked the standard
access-prevention notice.
(2) If a standard access-prevention notice is revoked under this clause,
the Commissioner must give the internet service provider
concerned a written notice stating that the standard
access-prevention notice has been revoked.
Note: The Commissioner 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 Commissioner 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
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Clause 47
(d) the Commissioner 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 Commissioner 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 Commissioner 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
(b) a code registered, or standard determined, under Part 5 of this
Schedule deals with the matters referred to in
subclause 60(2);
the Commissioner 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
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Clause 47
(b) the Commissioner 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 Commissioner is satisfied that the similar internet content
is prohibited content or potential prohibited content;
the Commissioner 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 Commissioner 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
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.
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Clause 48
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.
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Clause 51
51 Commissioner may be taken to have issued access-prevention
notices
(1) Subject to subclause (2), the Commissioner may, by legislative
instrument, formulate a scheme:
(a) in the nature of a scheme for substituted service; and
(b) under which the Commissioner 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 Commissioner 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 Commissioner were a
reference to each internet service provider.
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Industry codes and industry standards Part 5
Simplified outline Division 1
Clause 52
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 Commissioner.
• Compliance with an industry code is voluntary unless the
Commissioner directs a particular participant in the internet
industry to comply with the code.
• The Commissioner 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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Division 2 Interpretation
Clause 53
Division 2—Interpretation
53 Industry codes
For the purposes of this Part, an industry code is a code developed
under this Part (whether or not in response to a request under this
Part).
54 Industry standards
For the purposes of this Part, an industry standard is a standard
determined under this Part.
55 Internet activity
For the purposes of this Part, an internet activity is an activity that
consists of supplying an internet carriage service.
56 Section of the internet industry
(1) For the purposes of this Part, a section of the internet industry is to
be ascertained in accordance with this clause.
(2) For the purposes of this Part, the group consisting of internet
service providers constitutes a section of the internet industry.
57 Participants in a section of the internet industry
For the purposes of this Part, if a person is a member of a group
that constitutes a section of the internet industry, the person is a
participant in that section of the internet industry.
58 Designated body
The Minister may, by legislative instrument, declare that a
specified body or association is the designated body for the
purposes of this Part. The declaration has effect accordingly.
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Division 3—General principles relating to industry codes
and industry standards
59 Statement of regulatory policy
(2) The Parliament intends that bodies or associations that the
Commissioner 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;
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(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;
(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 email 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
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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
(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.
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Note: For specification by class, see subsection 33(3AB) of the Acts
Interpretation Act 1901.
(5) An industry standard made by the Commissioner 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
Commissioner 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 Legislation Act
2003.
(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
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(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.
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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Clause 62
Division 4—Industry codes
62 Registration of industry codes
(1) This clause applies if:
(a) the Commissioner 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
Commissioner; and
(d) the Commissioner 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 Commissioner is satisfied that, before giving the copy of
the code to the Commissioner:
(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 Commissioner is satisfied that, before giving the copy of
the code to the Commissioner:
(i) the body or association published a draft of the code and
invited participants in that section of the industry to
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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 participants in that
section of the industry within that period; and
(g) the Commissioner 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 Commissioner 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.
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63 Commissioner may request codes
(1) If the Commissioner is satisfied that a body or association
represents a particular section of the internet industry, the
Commissioner 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
(b) give the Commissioner 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 Commissioner must not make a request under subclause (1) in
relation to a particular section of the internet industry unless the
Commissioner 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 Commissioner 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).
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64 Publication of notice where no body or association represents a
section of the internet industry
(1) If the Commissioner is satisfied that a particular section of the
internet industry is not represented by a body or association, the
Commissioner 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 Commissioner 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.
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 Commissioner 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;
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the Commissioner 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 Commissioner may issue a formal warning if the person
contravenes an industry code registered under this Part.
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Division 5—Industry standards
68 Commissioner may determine an industry standard if a request
for an industry code is not complied with
(1) This clause applies if:
(a) the Commissioner 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 Commissioner
subsequently refuses to register the code; and
(c) the Commissioner is satisfied that it is necessary or
convenient for the Commissioner 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 Commissioner 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
Commissioner must consult the body or association to whom the
request mentioned in paragraph (1)(a) was made.
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(5) The Minister may give the Commissioner a written direction as to
the exercise of his or her powers under this clause.
69 Commissioner may determine industry standard where no
industry body or association formed
(1) This clause applies if:
(a) the Commissioner is satisfied that a particular section of the
internet industry is not represented by a body or association;
and
(b) the Commissioner 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
Commissioner 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 Commissioner is satisfied that it is necessary or
convenient for the Commissioner 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 Commissioner 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.
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(4) The Minister may give the Commissioner a written direction as to
the exercise of his or her powers under this clause.
70 Commissioner 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
(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 Commissioner is satisfied that the code is totally deficient
(as defined by subclause (7)); and
(c) the Commissioner 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 Commissioner is satisfied that it is
necessary or convenient for the Commissioner 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 Commissioner 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 Commissioner is satisfied that a body or association
represents that section of the industry, the Commissioner must
consult the body or association before determining an industry
standard under subclause (3).
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(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 Commissioner a written direction as to
the exercise of his or her powers under this clause.
71 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner is satisfied that it is
necessary or convenient for the Commissioner to determine a
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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 Commissioner 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 Commissioner is satisfied that a body or association
represents that section of the industry, the Commissioner 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:
(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.
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(8) The Minister may give the Commissioner a written direction as to
the exercise of his or her 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 Commissioner may issue a formal warning if the person
contravenes an industry standard registered under this Part.
74 Variation of industry standards
The Commissioner may, by legislative instrument, vary an industry
standard that applies to participants in a particular section of the
internet industry if the Commissioner 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.
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75 Revocation of industry standards
(1) The Commissioner 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.
77 Consultation with designated body
(1) Before determining or varying an industry standard, the
Commissioner must consult the designated body.
(2) Before revoking an industry standard under subclause 75(1), the
Commissioner must consult the designated body.
Note: Designated body is defined by clause 58.
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Clause 78
Division 6—Register of industry codes and industry
standards
78 Commissioner to maintain Register of industry codes and
industry standards
(1) The Commissioner is to maintain a Register in which the
Commissioner 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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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 Commissioner 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.
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(5) The Commissioner must not make an online provider
determination unless the determination relates to a matter specified
in the regulations.
(6) The Commissioner must not make an online provider
determination if the determination relates to a matter specified in
regulations in force 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 Commissioner 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 commits 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.
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(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.
(2) The Commissioner 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 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: 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:
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engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
84 Formal warnings—breach of online provider rules
The Commissioner 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 Commissioner is satisfied that a person who is an internet
service provider is supplying an internet carriage service otherwise
than in accordance with an online provider rule, the Commissioner
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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Part 7—Offences
86 Continuing offences
A person who contravenes clause 82 or subclause 83(4) commits 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
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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
(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.
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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.
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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Part 8 Protection from civil and criminal proceedings
Clause 88
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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Clause 90
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).
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Note: For specification by class, see subsection 13(3) of the Legislation Act
2003.
(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 Legislation 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 Legislation 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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Clause 92
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 Commissioner:
(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 Commissioner 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 Commissioner makes a decision that is reviewable under
clause 92, the Commissioner is to include in the document by
which the decision is notified:
(a) a statement setting out the reasons for the decision; and
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(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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Clause 94
Part 11—Miscellaneous
94 Additional Commissioner functions
The Commissioner 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 himself or herself and advise the Minister on
technological developments and service trends in the internet
industry.
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
or the Australian Capital Territory.
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Part 1 Introduction
Clause 1
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 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;
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(d) content in the form of text or still visual images;
(e) Parliamentary broadcasts;
(f) ordinary email;
(g) internet content.
• 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 may 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.
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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 this
Schedule; and
(b) the service remains substantially the same as the service
provided throughout that 2-year period.
drama program has the same meaning as in section 103B.
educational program has the meaning given by clause 3.
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
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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
community about social, economic or political issues of
current relevance to the general community.
nominated datacaster declaration means a declaration under
clause 45.
ordinary email 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,
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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.
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
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(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, by legislative instrument, make a determination
providing that, for the purposes of this Schedule, specified matter
is taken to be an educational program.
(4) The ACMA may, by legislative instrument, make a 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.
Note: For specification by class, see subsection 13(3) of the Legislation 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;
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(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, by legislative instrument, make a determination
providing that, for the purposes of this Schedule, specified matter
is taken to be an information-only program.
(4) The ACMA may, by legislative instrument, make a determination
providing that, for the purposes of this Schedule, specified matter
is taken not to be an information-only program.
(5) A determination under subclause (3) or (4) has effect accordingly.
Note: For specification by class, see subsection 13(3) of the Legislation 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.
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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.
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
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(c) that service is taken not to be a broadcasting service, a
television service or a radio service.
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Clause 7
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.
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
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Clause 10
(aa) a breach of a civil penalty provision occurring; or
(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.
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Clause 11
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.
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
(1) The ACMA is to maintain a Register in which the ACMA
includes:
(a) particulars of 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.
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Clause 13
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, by legislative instrument, make a determination
providing that, for the purposes of this Division, a specified
television program or specified matter is taken to be a category A
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Clause 14
television program covered by a specified paragraph of
subclause (1).
(5) The ACMA may, by legislative instrument, make a 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.
Note: For specification by class, see subsection 13(3) of the Legislation 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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(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, by legislative instrument, make a 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).
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Clause 16
(5) The ACMA may, by legislative instrument, make a 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).
(6) A determination under subclause (4) or (5) has effect accordingly.
Note: For specification by class, see subsection 13(3) of the Legislation 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:
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(i) the nature of the bulletin or program; and
(ii) the circumstances in which the bulletin or program is
provided;
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
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Clause 17
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:
(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:
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(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.
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 email
(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 email.
(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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Genre conditions Division 1
Clause 20AA
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.
(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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Division 2 Audio content condition
Clause 21
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, by legislative instrument, make a 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, by legislative instrument, make a 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.
Note: For specification by class, see subsection 13(3) of the Legislation Act
2003.
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Audio content condition Division 2
Clause 22
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
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Clause 23
(d) a hearing conducted by a body established for a public
purpose by a law of the Commonwealth or of a State or
Territory.
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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Genre conditions: anti-avoidance Division 2A
Clause 23B
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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Clause 24
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) 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;
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Clause 24
(i) the licensee will not use the part of the radiofrequency
spectrum covered by paragraph (b) of the definition of
broadcasting 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 email.
(3) The condition set out in paragraph (1)(b) does not apply in relation
to the transmission of ordinary email.
(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
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(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.
(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 email.
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
(d) the record in situations requiring trust and candour of each
such person; and
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Clause 26
(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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(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 legislative 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 Legislation 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.
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Exemption orders for content copied from the internet Division 4
Clause 27A
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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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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(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;
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(f) such other matters relating to datacasting content as are of
concern to the community.
(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
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not portray material that goes beyond the previous “AO”
classification criteria.
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.
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.
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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, by legislative instrument, 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 legislative instrument, determine a standard in
relation to that matter.
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.
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.
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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
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 email.
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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Part 5 Complaints to the ACMA about datacasting services
Clause 36
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.
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(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 email.
(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
The ACMA may investigate the complaint if the ACMA thinks
that it is desirable to do so.
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Part 6 Control of datacasting transmitter licences
Clause 41
Part 6—Control of datacasting transmitter licences
41 Datacasting transmitter licences not to be controlled by ABC or
SBS
(1) The Australian Broadcasting Corporation must not be in a position
to exercise control of a datacasting transmitter licence.
(2) The Special Broadcasting Service Corporation must not be in a
position to exercise control of a datacasting transmitter licence.
(3) Subclauses (1) and (2) do not apply to a channel B datacasting
transmitter licence unless the relevant transmitter, or any of the
relevant transmitters, is operated for transmitting a datacasting
service that is capable of being received by a domestic digital
television receiver.
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Clause 42
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:
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(a) in writing; and
(b) in accordance with a form approved in writing by the
ACMA.
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
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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
(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
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(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
(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.
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(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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Part 8 Remedies for breaches of licensing provisions
Division 1 Providing a designated datacasting service without a licence
Clause 49
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 commits 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) 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.
(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
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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.
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.
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Division 1 Providing a designated datacasting service without a licence
Clause 51
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.
(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.
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Clause 52
Division 2—Breaches of licence conditions
52 Offence for breach of conditions
(1) A person commits 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.
(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.
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.
(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.
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.
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Clause 54
(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 commits 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) 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.
(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.
54 Suspension and cancellation
(1) If a person who is a datacasting licensee:
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(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.
(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
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) or (3), 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.
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Division 2 Breaches of licence conditions
Clause 55
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.
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,
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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
(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
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Clause 57
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.
(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
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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
(b) an order could be made under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975 staying, or
otherwise affecting the operation or implementation of, the
eligible decision;
such an order must not be made if:
(c) the order has the effect of staying, or otherwise affecting the
operation or implementation of, the eligible decision for
more than 3 months; or
(d) the order and any previous order or orders covered by
paragraph (b) have the combined effect of staying, or
otherwise affecting the operation or implementation of, the
eligible decision for more than 3 months.
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2
3
4
5
Schedule 6 Datacasting services
Part 9 Review of decisions
Clause 58
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
refusal to allocate datacasting clause 7 or 8 the applicant
licence
that a person is not a suitable subclause 9(1) the person
applicant
2A that an internet carriage service is a subclause 23B(1) the licensee
declared internet carriage service
that a person is not a suitable subclause 25(3) the licensee
licensee
Variation of datacasting licence subclause 26(1) the licensee
conditions or imposition of new
conditions
4A refusal to make an exemption order clause 27B the licensee
refusal to include a code of practice subclause 28(6) the relevant
in the Register industry group
6 refusal to make a nominated clause 45 the licensee of
datacaster declaration the datacasting
transmitter
licence or the
licensee of the
datacasting
licence
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Reviewable decisions
Item Decision Provision Person who
may apply
7 revocation of a nominated clause 47 the licensee of
datacaster declaration the datacasting
transmitter
licence or the
licensee of the
datacasting
licence
to give or vary, or to refuse to clause 53 the licensee
revoke, a direction
suspension or cancellation of clause 54 the licensee
datacasting licence
59 Notification of decisions to include notification of reasons and
appeal rights
If the ACMA makes a decision that is reviewable under clause 58,
the ACMA is to include in the document by which the decision is
notified:
(a) a statement setting out the reasons for the decision; and
(b) a statement to the effect that an application may be made to
the Administrative Appeals Tribunal for a review of the
decision.
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Schedule 7 Content services
Part 1 Introduction
Clause 1
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 Commissioner about
prohibited content, or potential prohibited content, in relation
to certain services.
• The Commissioner may take the following action to deal with
prohibited content or potential prohibited content:
(a) in the case of a hosting service—issue a take-down
notice;
(b) in the case of a live content service—issue a
service-cessation notice;
(c) in the case of a links service—issue a link-deletion
notice.
• Content (other than an eligible electronic publication) is
prohibited content if:
(a) the content has been classified RC or X 18+ by the
Classification Board; or
(b) the content has been classified R 18+ by the
Classification Board and access to the content is
not subject to a restricted access system; or
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(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 Commissioner has a reserve power to make an industry
standard if there are no industry codes or if an industry code is
deficient.
• The Commissioner may make determinations regulating
certain content service providers and hosting service
providers.
Note: The classification of an eligible electronic publication is the same as
the classification of the corresponding print publication—see
clause 24.
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Clause 2
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:
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(a) the Australian Federal Police; or
(b) the police force of a State or Territory.
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.
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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
(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:
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(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
(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 Legislation 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.
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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.
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.
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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 Legislation 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
(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 Legislation 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;
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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 Legislation 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.
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.
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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)
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.
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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;
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.
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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.
service includes a website or a distinct part of a website.
special link-deletion notice means a notice under clause 67.
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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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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 Legislation 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.
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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.
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;
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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:
(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 subclause (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.
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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
(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.
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(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.
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.
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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 Commissioner 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 Legislation Act
2003.
(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 Commissioner
must have regard to:
(a) the objective of protecting children from exposure to content
that is unsuitable for children; and
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(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 Commissioner considers
relevant.
(5) The Commissioner 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:
(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;
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(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:
(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
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(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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Clause 20
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
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(d) 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) 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.
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(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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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 Commissioner.
(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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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:
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(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 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.
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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.
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.
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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.
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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Clause 28
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)), the
Classification Board must not reclassify the content within the
2-year period beginning on the day the decision to classify took
effect.
(2) After that 2-year period, any of the following may request that the
Classification Board reclassify the content:
(a) the Minister;
(b) the Commissioner;
(c) if another person applied, under clause 22, for classification
of the content—the other person.
(3) If the Classification Board is requested to act under subclause (2),
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 Commissioner;
(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;
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then:
(c) the Director of the Classification Board must give notice of
that intention, inviting submissions about the matter; and
(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 Commissioner; 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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Part 2 Classification of content
Division 4 Review of classification decisions
Clause 30
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 Commissioner;
(c) if a person other than the Commissioner 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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(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 Commissioner 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 Commissioner applied, under
clause 22, for classification of the content;
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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.
(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.
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(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:
(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
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(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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Clause 36
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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Part 3 Complaints to, and investigations by, the Commissioner
Division 1 Making of complaints to the Commissioner
Clause 37
Part 3—Complaints to, and investigations by, the
Commissioner
Division 1—Making of complaints to the Commissioner
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
Commissioner 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 Commissioner 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 Commissioner about the matter.
Content of complaint
(4) A complaint under subclause (1), (2) or (3) about particular content
must:
(a) identify the content; and
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(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
(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 Commissioner
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.
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Clause 38
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.
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 Commissioner 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 Commissioner
about the matter.
39 Form of complaint
(1) A complaint under this Division is to be in writing.
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(2) However, the Commissioner 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
Commissioner, is taken to have infringed copyright.
(2) Subclause (1) does not apply if:
(a) the Commissioner is satisfied that the complaint is:
(i) frivolous; or
(ii) vexatious; or
(iii) not made in good faith; or
(b) the Commissioner 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
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(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 Commissioner under the
code, standard or determination.
(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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Investigations by the Commissioner Division 2
Clause 44
Division 2—Investigations by the Commissioner
44 Commissioner may investigate matters
The Commissioner may, on his or her own initiative or in response
to a complaint made under Division 1, investigate any of the
following matters if the Commissioner 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;
(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
Commissioner thinks fit.
(2) The Commissioner may, for the purposes of an investigation,
obtain information from such persons, and make such inquiries, as
he or she thinks fit.
(3) This clause has effect subject to Part 13 of this Act (which confers
certain investigative powers on the Commissioner).
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Clause 46
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 Commissioner in connection with an
investigation under this Division.
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Action to be taken in relation to hosting services Division 3
Clause 47
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
Commissioner 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 Commissioner 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
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(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
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
Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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.
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Note: For type A remedial situation, see subclause (6).
(3) If:
(a) in the course of an investigation under Division 2, the
Commissioner 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 content does not consist of an eligible electronic
publication; and
(c) the Commissioner 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 Commissioner 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 Commissioner 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 Commissioner is informed under paragraph 23(b) of the
classification of particular content, the Commissioner 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;
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Clause 47
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;
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 Commissioner makes a decision under subclause (2) or (3) to
apply to the Classification Board for classification of content, the
Commissioner must give the relevant hosting service provider a
written notice setting out the decision.
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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.
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 Commissioner a written undertaking not to
host the content;
the Commissioner 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.
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(2) If an interim take-down notice is revoked under this clause, the
Commissioner 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 Commissioner must revoke the final take-down notice.
(2) If a final take-down notice is revoked under this clause, the
Commissioner must give the hosting service provider concerned a
written notice stating that the final take-down notice has been
revoked.
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 Commissioner must revoke the final take-down notice.
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(2) If a final take-down notice is revoked under this clause, the
Commissioner 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 Commissioner must revoke the final take-down notice.
(2) If a final take-down notice is revoked under this clause, the
Commissioner must give the hosting service provider concerned a
written notice stating that the final take-down notice has been
revoked.
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 Commissioner 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
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(c) the Commissioner is satisfied that the similar content is
prohibited content or potential prohibited content;
the Commissioner 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).
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
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(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.
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.
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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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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
Commissioner 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 Commissioner 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
Commissioner is satisfied that:
(i) live content provided by a live content service is
potential prohibited content; and
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(ii) the live content service has an Australian connection;
and
(b) the Commissioner 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 Commissioner has:
(i) a recording of the content; or
(ii) a copy of such a recording;
the Commissioner 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 Commissioner 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
Commissioner 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 Commissioner 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 Commissioner has:
(i) a recording of the content; or
(ii) a copy of such a recording;
the Commissioner must:
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(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 Commissioner 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 B remedial situation, see subclause (7).
(4) If, in response to an application made as required by subclause (2)
or (3), the Commissioner is informed under paragraph 23(b) of the
classification of particular content, the Commissioner 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 Commissioner makes a decision under subclause (2) or (3) to
apply to the Classification Board under clause 22 for classification
of content, the Commissioner must give the relevant live content
service provider a written notice setting out the decision.
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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.
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
Commissioner 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 Commissioner 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
Commissioner a written undertaking relating to the live
content service;
then:
(d) the Commissioner may accept the undertaking; and
(e) if the Commissioner accepts the undertaking—the
Commissioner is not required to take action under
subclause 56(1), (2) or (3) in relation to the content.
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(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 Commissioner a written undertaking
relating to the live content service concerned;
the Commissioner 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 Commissioner 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;
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the Commissioner must revoke the final service-cessation notice.
(2) If a final service-cessation notice is revoked under this clause, the
Commissioner 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
(b) the Commissioner 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 Commissioner 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 Commissioner 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
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(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.
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.
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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.
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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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
Commissioner 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 Commissioner 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
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(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
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
Commissioner 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 Commissioner 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 Commissioner 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 Commissioner
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.
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Note: For type A remedial situation, see subclause (6).
(3) If:
(a) in the course of an investigation under Division 2, the
Commissioner 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 content does not consist of an eligible electronic
publication; and
(c) the Commissioner 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 Commissioner 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 Commissioner
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 Commissioner is informed under paragraph 23(b) of the
classification of particular content, the Commissioner 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
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(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;
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 Commissioner makes a decision under subclause (2) or (3) to
apply to the Classification Board under clause 22 for classification
of content, the Commissioner must give the relevant links service
provider a written notice setting out the decision.
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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
(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 Commissioner a written undertaking not to
provide a link to the content;
the Commissioner may:
(c) accept the undertaking; and
(d) revoke the interim link-deletion notice; and
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(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
Commissioner 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 Commissioner must revoke the final link-deletion notice.
(2) If a final link-deletion notice is revoked under this clause, the
Commissioner 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
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(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 Commissioner must revoke the final link-deletion notice.
(2) If a final link-deletion notice is revoked under this clause, the
Commissioner 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 Commissioner must revoke the final link-deletion notice.
(2) If a final link-deletion notice is revoked under this clause, the
Commissioner must give the links service provider concerned a
written notice stating that the final link-deletion notice has been
revoked.
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
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(b) the Commissioner 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 Commissioner is satisfied that the similar content is
prohibited content or potential prohibited content;
the Commissioner 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
(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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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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(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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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
Commissioner 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 Commissioner must notify the content to:
(c) a member of an Australian police force; or
(d) if there is an arrangement between the Commissioner and the
chief (however described) of an Australian police force under
which the Commissioner 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 Commissioner 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 Commissioner’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 Commissioner is not required to notify particular content
under subclause (1) if the Commissioner has already notified the
content under paragraph 40(1)(a) of Schedule 5.
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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
Commissioner 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 Commissioner 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
Commissioner 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 Commissioner 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
Commissioner 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 Commissioner 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
Commissioner that the taking of that action should be
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deferred until the end of a particular period in order to avoid
prejudicing a criminal investigation;
the Commissioner 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
Commissioner 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 Commissioner 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
Commissioner 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 Commissioner 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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Division 1 Simplified outline
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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 Commissioner.
• Compliance with an industry code is voluntary unless the
Commissioner directs a particular participant in the content
industry to comply with the code.
• The Commissioner 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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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;
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(c) links service providers, where the relevant links services
have an Australian connection;
(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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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
Commissioner 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 Commissioner 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
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(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
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
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(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:
(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
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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 Commissioner 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
(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;
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(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;
(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
Commissioner 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.
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(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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Division 4—Industry codes
85 Registration of industry codes
(1) This clause applies if:
(a) the Commissioner 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
Commissioner; and
(d) the Commissioner 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 Commissioner is satisfied that, before giving the copy of
the code to the Commissioner:
(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 Commissioner is satisfied that, before giving the copy of
the code to the Commissioner:
(i) the body or association published a draft of the code and
invited participants in that section of the industry to
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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 participants in that
section of the industry within that period; and
(g) the Commissioner 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 Commissioner 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 Commissioner may request codes
(1) If the Commissioner is satisfied that a body or association
represents a particular section of the content industry, the
Commissioner 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 Commissioner 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.
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(3) The Commissioner must not make a request under subclause (1) in
relation to a particular section of the content industry unless the
Commissioner 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 Commissioner 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 Commissioner is satisfied that a particular section of the
content industry is not represented by a body or association, the
Commissioner may publish a notice on the Commissioner’s
website:
(a) stating that, if such a body or association were to come into
existence within a specified period, the Commissioner 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.
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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.
89 Compliance with industry codes
(1) If:
(a) a person is a participant in a particular section of the content
industry; and
(b) the Commissioner 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 Commissioner 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 Commissioner may issue a formal warning if the person
contravenes an industry code registered under this Part.
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Division 5—Industry standards
91 Commissioner may determine an industry standard if a request
for an industry code is not complied with
(1) This clause applies if:
(a) the Commissioner 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 Commissioner
subsequently refuses to register the code; and
(c) the Commissioner is satisfied that it is necessary or
convenient for the Commissioner 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 Commissioner 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
Commissioner must consult the body or association to whom the
request mentioned in paragraph (1)(a) was made.
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Clause 92
(4) The Minister may, by legislative instrument, give the
Commissioner a written direction as to the exercise of his or her
powers under this clause.
92 Commissioner may determine industry standard where no
industry body or association formed
(1) This clause applies if:
(a) the Commissioner is satisfied that a particular section of the
content industry is not represented by a body or association;
and
(b) the Commissioner 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
Commissioner 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 Commissioner is satisfied that it is necessary or
convenient for the Commissioner 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 Commissioner 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.
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(3) The Minister may, by legislative instrument, give the
Commissioner a written direction as to the exercise of his or her
powers under this clause.
93 Commissioner 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
(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 Commissioner is satisfied that the code is totally deficient
(as defined by subclause (6)); and
(c) the Commissioner 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 Commissioner is satisfied that it is
necessary or convenient for the Commissioner 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 Commissioner 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 Commissioner is satisfied that a body or association
represents that section of the industry, the Commissioner must
consult the body or association before determining an industry
standard under subclause (3).
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Clause 94
(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
Commissioner a written direction as to the exercise of his or her
powers under this clause.
94 Commissioner 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 Commissioner 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 Commissioner 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
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(e) that period ends and the Commissioner is satisfied that it is
necessary or convenient for the Commissioner 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 Commissioner 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 Commissioner is satisfied that a body or association
represents that section of the industry, the Commissioner 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:
(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.
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Clause 95
(7) The Minister may, by legislative instrument, give the
Commissioner a written direction as to the exercise of his or her
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 Commissioner may issue a formal warning if the person
contravenes an industry standard registered under this Part.
97 Variation of industry standards
The Commissioner may, by legislative instrument, vary an industry
standard that applies to participants in a particular section of the
content industry if the Commissioner 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.
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Clause 98
98 Revocation of industry standards
(1) The Commissioner 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
Commissioner must:
(a) make a copy of the draft available on its website; and
(b) publish a notice on its website:
(i) stating that the Commissioner has prepared a draft of
the industry standard or variation; and
(ii) inviting interested persons to give written comments
about the draft to the Commissioner 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.
(4) If interested persons have given comments in accordance with a
notice under subclause (1), the Commissioner must have due
regard to those comments in determining or varying the industry
standard, as the case may be.
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Clause 100
100 Consultation with designated body
(1) Before determining or varying an industry standard, the
Commissioner must consult the designated body.
(2) Before revoking an industry standard under subclause 98(1), the
Commissioner must consult the designated body.
Note: Designated body is defined by clause 79.
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Register of industry codes and industry standards Division 6
Clause 101
Division 6—Register of industry codes and industry
standards
101 Commissioner to maintain Register of industry codes and
industry standards
(1) The Commissioner is to maintain a Register in which the
Commissioner 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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Division 7 Miscellaneous
Clause 102
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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Designated content/hosting service provider determinations Part 5
Clause 104
Part 5—Designated content/hosting service
provider determinations
104 Designated content/hosting service provider determinations
(1) The Commissioner 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 Commissioner 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 Commissioner to make decisions of an
administrative character.
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Clause 105
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.
(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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Enforcement Part 6
Clause 106
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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Clause 108
108 Remedial directions—breach of designated content/hosting
service provider rules
(1) This clause applies if the Commissioner 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 Commissioner 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
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the offence or any later day) during which the contravention
continues.
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 Commissioner may issue a formal warning to a person if the
Commissioner 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 Commissioner 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 Commissioner 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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Part 7 Protection from civil and criminal proceedings
Clause 111
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—Commissioner,
Classification Board and Classification Review Board
(1) For the purposes of this clause, each of the following is a protected
person:
(a) the Commissioner;
(c) a member of the staff of the ACMA;
(d) a consultant engaged under section 69 of the Enhancing
Online Safety Act 2015;
(e) an officer or employee whose services are made available to
the ACMA under paragraph 55(1)(a) of the Australian
Communications and Media Authority Act 2005;
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(f) a member or temporary member of the Classification Board;
(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 Commissioner, 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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Part 8 Review of decisions
Clause 113
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 Commissioner:
(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 Commissioner:
(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;
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(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.
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 Commissioner:
(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 Commissioner 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 Commissioner under
clause 89 to:
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(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.
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 Commissioner:
(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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Miscellaneous Part 9
Clause 114
Part 9—Miscellaneous
114 Additional Commissioner functions
The Commissioner 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 himself or herself 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 Commissioner 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
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(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:
(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 Commissioner 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 Commissioner does not infringe copyright if the
Commissioner does anything authorised by subclause (1) or (2).
116 Samples of content to be submitted for classification
The Commissioner 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:
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(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.
(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).
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.
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.
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(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
or the Australian Capital Territory.
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Schedule 8—Online content services Note: See section 216E.
Part 1—Introduction
1 Simplified outline of this Schedule
• The ACMA may make online content service provider rules
about gambling promotional content provided on an online
content service in conjunction with live coverage of a sporting
event.
• The ACMA may exempt an online content service, or an
online content service provider, from the online content
service provider rules.
• If an online content service provider contravenes the online
content service provider rules, the provider may become liable
to pay a civil penalty.
• The ACMA may give a remedial direction to an online
content service provider if the provider contravenes the online
content service provider rules.
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.
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account includes:
(a) a free account; and
(b) a pre-paid account; and
(c) anything that may reasonably be regarded as the equivalent
of an account.
Australia, when used in a geographical sense, includes all the
external Territories.
bet includes wager.
commentator betting odds promotion means gambling
promotional content to the extent to which it consists of the
provision of betting odds (however described) by a commentator.
conclusion, in relation to a sporting event, has a meaning affected
by clause 23.
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
(e) whether in any other form; or
(f) whether in any combination of forms.
coverage means coverage that involves either or both of the
following:
(a) animated visual images;
(b) audio.
exempt online simulcast service has the meaning given by
clause 4.
gambling promotional content means:
(a) advertising content; or
(b) sponsorship content; or
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(c) promotional content;
that relates to a gambling service.
gambling service has the meaning given by clause 18.
gambling service provider means a person who provides a
gambling service.
game includes an electronic game.
geographical link to Australia has the meaning given by clause 5.
immediate circle has the same meaning as in the
Telecommunications Act 1997.
in conjunction with, when used in relation to live coverage of a
sporting event, has the meaning given by clause 21.
internet carriage service has the same meaning as in Schedule 5.
live, in relation to coverage of a sporting event, means:
(a) live (within the ordinary meaning of that expression); or
(b) delayed, so long as the coverage:
(i) is provided as if it were live (within the ordinary
meaning of that expression); and
(ii) begins no later than the conclusion of the sporting event.
lottery includes an electronic lottery.
online content service has the meaning given by clause 3.
online content service provider means a person who provides an
online content service.
Note: See clause 6.
online content service provider rules means rules made under
clause 11.
provided on an online content service has the meaning given by
clause 7.
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provided to the public, in relation to a service, has the meaning
given by clause 8.
representative venue-based promotion means gambling
promotional content to the extent to which it consists of:
(a) visual images (whether animated or otherwise) of a
representative of a gambling service provider; or
(b) speech of a representative of a gambling service provider;
where those visual images, or that speech, as the case may be,
gives the impression that the representative is at, or around, the
venue of a sporting event.
scheduled start, in relation to a sporting event, has a meaning
affected by clause 22.
service includes a website.
Note: See also clause 17.
sporting event has a meaning affected by clause 19.
ticket includes an electronic ticket.
using has a meaning affected by clause 9.
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 Online content service
(1) For the purposes of this Schedule, online 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 an internet carriage service; or
(b) a service that allows end-users to access content using an
internet carriage service;
where the service:
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(c) is provided to the public (whether on payment of a fee or
otherwise); and
(d) has a geographical link to Australia;
but does not include a service to the extent to which it is:
(e) an exempt online simulcast service; or
(f) an exempt Parliamentary content service (within the meaning
of Schedule 7); or
(g) an exempt court/tribunal content service (within the meaning
of Schedule 7); or
(h) an exempt official-inquiry content service (within the
meaning of Schedule 7); or
(i) a service that enables end-users to communicate, by means of
voice calls, with other end-users; or
(j) a service that enables end-users to communicate, by means of
video calls, with other end-users; or
(k) a service that enables end-users to communicate, by means of
email, with other end-users; or
(l) an instant messaging service that enables end-users to
communicate with other end-users; or
(m) an SMS service that enables end-users to communicate with
other end-users; or
(n) an MMS service that enables end-users to communicate with
other end-users; or
(o) a service that delivers content by fax; or
(p) an exempt data storage service (within the meaning of
Schedule 7); or
(q) an exempt back-up service (within the meaning of
Schedule 7); or
(r) a service determined under subclause (2).
Note 1: SMS is short for short message service.
Note 2: MMS is short for multimedia message service.
(2) The ACMA may, by legislative instrument, determine one or more
services for the purposes of paragraph (1)(r).
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4 Exempt online simulcast service
(1) For the purposes of this Schedule, exempt online simulcast service
means a service, or a part of a service, that is provided to end-users
using an internet carriage service, and that:
(a) does no more than provide a stream of content that is
identical to the stream of programs transmitted on:
(i) a commercial television broadcasting service provided
under a commercial television broadcasting licence; or
(ii) a commercial radio broadcasting service provided under
a commercial radio broadcasting licence; or
(iii) a subscription television broadcasting service provided
under a subscription television broadcasting licence; or
(iv) a subscription radio narrowcasting service; or
(v) a subscription television narrowcasting service; or
(vi) a broadcasting service provided by the Special
Broadcasting Service Corporation; and
(b) provides that stream of content simultaneously, or almost
simultaneously, with the transmission of that stream of
programs.
(2) For the purposes of subclause (1), in determining whether a stream
of content is identical to a stream of programs, disregard any
differences that are attributable to the technical characteristics of
the provision or transmission (for example, video resolution or
sound quality).
(3) For the purposes of subclause (1), in determining whether a stream
of content is identical to a stream of programs, disregard the
presence or absence of:
(a) a watermark-type logo; or
(b) a watermark-type insignia;
that is not gambling promotional content.
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5 Geographical link to Australia
(1) For the purposes of this Schedule, a service has a geographical
link to Australia if an ordinary reasonable person would conclude
that:
(a) the service is targeted at individuals who are physically
present in Australia; or
(b) any of the content provided on the service is likely to appeal
to the public, or a section of the public, in Australia.
(2) For the purposes of this clause, content is provided on a service if
the content is:
(a) delivered by the service; or
(b) accessible to end-users using the service.
6 Online content service provider
(1) For the purposes of this Schedule, a person does not provide an
online content service merely because the person supplies an
internet carriage service that enables content to be delivered or
accessed.
(2) For the purposes of this Schedule, a person does not provide an
online content service merely because the person provides a billing
service, or a fee collection service, in relation to an online content
service.
7 When content is provided on an online content service
(1) For the purposes of this Schedule, content is provided on an online
content service if the content is:
(a) delivered by the online content service; or
(b) accessible to end-users using the online content service.
(2) For the purposes of this Schedule, content is provided on an online
content service to an end-user if the content is:
(a) delivered to the end-user by the online content service; or
(b) accessible to the end-user using the online content service.
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8 When a service is provided to the public etc.
(1) For the purposes of this Schedule, a 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 service that is provided to the
public is taken to be different from a service that is not provided to
the public, even if the content provided on the services is identical.
9 Extended meaning of using
A reference in this Schedule to using a thing is a reference to using
the thing either:
(a) in isolation; or
(b) in conjunction with one or more other things.
10 Extra-territorial application
This Schedule extends to acts, omissions, matters and things
outside Australia.
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Clause 11
Part 2—Online content service provider rules
11 Online content service provider rules
The ACMA may, by legislative instrument, make rules (the online
content service provider rules) prescribing matters required or
permitted by this Act to be prescribed by the online content service
provider rules.
12 Administrative decisions
The online content service provider rules may make provision for
or in relation to a particular matter by empowering the ACMA to
make decisions of an administrative character.
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Clause 13
Part 3—Gambling promotional content
Division 1—Online content service provider rules relating
to gambling promotional content
13 Gambling promotional content
Prohibiting or regulating gambling promotional content
(1) The online content service provider rules may make provision for
or in relation to prohibiting or regulating gambling promotional
content provided on online content services in conjunction with
live coverage of a sporting event.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.
Explanatory content
(2) The online content service provider rules may make provision for
or in relation to requiring online content services providers to
ensure that, if:
(a) the provider provides an online content service; and
(b) content that consists of live coverage of a sporting event is,
or is to be, provided on the service;
explanatory content that relates to the following is provided on the
service:
(c) whether online content service provider rules made for the
purposes of subclause (1) apply in relation to that live
coverage;
(d) if so, how those rules apply in relation to that live coverage.
Record-keeping
(3) The online content service provider rules may make provision for
or in relation to requiring online content service providers to ensure
that, if:
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(a) the provider provides an online content service; and
(b) content that consists of live coverage of a sporting event is,
or is to be, provided on the service;
the provider will:
(c) make records that:
(i) are of a kind or kinds specified in those rules; and
(ii) are sufficient to enable compliance by the provider with
online content service provider rules made for the
purposes of subclause (1) or (2) to be readily
ascertained; and
(d) retain those records for the period ascertained in accordance
with the first-mentioned rules; and
(e) make those retained records available to the ACMA on
request.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.
(4) For the purposes of subparagraph (3)(c)(i), each of the following is
an example of a kind of record:
(a) a written record;
(b) an audio record;
(c) an audio-visual record.
End-user physically present in Australia
(5) Online content service provider rules made for the purposes of
subclause (1) or (2) do not apply in relation to content provided on
an online content service to an end-user unless the end-user is
physically present in Australia.
14 Accidental or incidental provision of gambling promotional
content
The online content service provider rules do not apply in relation to
the provision of gambling promotional content on an online
content service if:
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Clause 15
(a) the gambling promotional content is provided as an
accidental or incidental accompaniment to the provision of
other content; and
(b) the provider of the online content service does not receive
any direct or indirect benefit (whether financial or not) for
providing the gambling promotional content (in addition to
any direct or indirect benefit that the provider receives for
providing the other content).
15 Individual exemptions from online content service provider rules
(1) The ACMA may, by writing, determine that a specified online
content service is exempt from online content service provider
rules made for the purposes of subclause 13(1) or (2).
(2) The ACMA may, by writing, determine that a specified online
content service is exempt from one or more specified provisions of
online content service provider rules made for the purposes of
subclause 13(1) or (2).
(3) The ACMA may, by writing, determine that a specified online
content service provider is exempt from online content service
provider rules made for the purposes of subclause 13(1) or (2).
(4) The ACMA may, by writing, determine that a specified online
content service provider is exempt from one or more specified
provisions of online content service provider rules made for the
purposes of subclause 13(1) or (2).
Decision-making criteria
(5) In deciding whether to make a determination under subclause (1)
or (2) in relation to an online content service, the ACMA must
have regard to:
(a) whether the online content service is a small online content
service; and
(b) whether a failure to make the determination would be likely
to have a substantial adverse effect on the financial
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circumstances of the provider of the online content service;
and
(c) the likely impact of a failure to make the determination on
the quantity and quality of content provided on the online
content service; and
(d) such other matters (if any) as the ACMA considers relevant.
(6) In deciding whether to make a determination under subclause (3)
or (4) in relation to an online content service provider, the ACMA
must have regard to:
(a) whether the online content services provided by the provider
are small online content services; and
(b) whether a failure to make the determination would be likely
to have a substantial adverse effect on the financial
circumstances of the provider; and
(c) the likely impact of a failure to make the determination on
the quantity and quality of the content provided on the online
content services provided by the provider; and
(d) such other matters (if any) as the ACMA considers relevant.
Small online content service
(7) For the purposes of this clause, in determining whether an online
content service is a small online content service, the ACMA must
have regard to:
(a) if the service has accounts for end-users—the number of
accounts that are held by end-users who are ordinarily
resident in Australia; and
(b) if the service does not have accounts for end-users—the
number of end-users who are ordinarily resident in Australia;
and
(c) such other matters (if any) as the ACMA considers relevant.
(8) For the purposes of paragraphs (7)(a) and (b), the ACMA may
make such assumptions and estimates as the ACMA considers
reasonable.
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Clause 16
(9) The ACMA may publish on the ACMA’s website a statement that
explains the ACMA’s approach to the administration of
subclauses (7) and (8).
(10) A statement under subclause (9) is not a legislative instrument.
Other matters
(11) A determination under this clause may be:
(a) unconditional; or
(b) subject to such conditions (if any) as are specified in the
determination.
(12) If the ACMA makes a determination under subclause (1), (2), (3)
or (4), the ACMA must publish a copy of the determination on the
ACMA’s website.
(13) Subsection 13(3) of the Legislation Act 2003 does not apply to
subclause (1), (2), (3) or (4).
(14) A determination made under subclause (1), (2), (3) or (4) is not a
legislative instrument.
16 Class exemptions from online content service provider rules
(1) The ACMA may, by legislative instrument, determine that online
content services included in a specified class of online content
services are exempt from online content service provider rules
made for the purposes of subclause 13(1) or (2).
(2) The ACMA may, by legislative instrument, determine that online
content services included in a specified class of online content
services are exempt from one or more specified provisions of
online content service provider rules made for the purposes of
subclause 13(1) or (2).
(3) The ACMA may, by legislative instrument, determine that online
content service providers included in a specified class of online
content service providers are exempt from online content service
provider rules made for the purposes of subclause 13(1) or (2).
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(4) The ACMA may, by legislative instrument, determine that online
content service providers included in a specified class of online
content service providers are exempt from one or more specified
provisions of online content service provider rules made for the
purposes of subclause 13(1) or (2).
(5) A determination under this clause may be:
(a) unconditional; or
(b) subject to such conditions (if any) as are specified in the
determination.
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Division 2 Interpretive provisions
Clause 17
Division 2—Interpretive provisions
17 When a part of an online content service is taken to be an online
content service in its own right
(1) For the purposes of the application of this Schedule to a sporting
event, if content that consists of live coverage of the sporting event
is, or is to be, provided on a distinct part of an online content
service (the overall online content service):
(a) that part is taken to be an online content service in its own
right; and
(b) that part is taken not to be included in the overall online
content service.
(2) For the purposes of subclause (1), it is immaterial whether:
(a) gambling promotional content; or
(b) any other content;
is, or is to be, provided on that part.
18 Gambling service
For the purposes of this Schedule, gambling service means:
(a) a service for the placing, making, receiving or acceptance of
bets; or
(b) a service the sole or dominant purpose of which is to
introduce individuals who wish to make or place bets to
individuals who are willing to receive or accept those bets; or
(c) a service for the conduct of a lottery; or
(d) a service for the supply of lottery tickets; or
(e) a service for the conduct of a game, where:
(i) the game is played for money or anything else of value;
and
(ii) the game is a game of chance or of mixed chance and
skill; and
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(iii) a customer of the service gives or agrees to give
consideration to play or enter the game; or
(f) a gambling service (within the ordinary meaning of that
expression) that is not covered by any of the above
paragraphs.
19 Sporting event
(1) Each of the following is taken to be a sporting event for the
purposes of this Schedule:
(a) the Summer Olympic Games;
(b) the Winter Olympic Games;
(c) the Commonwealth Games;
(d) any similar games.
(2) The online content service provider rules may provide that a
specified thing is taken to be a sporting event for the purposes of
this Schedule.
(3) The online content service provider rules may provide that a
specified thing is taken not to be a sporting event for the purposes
of this Schedule.
(4) The following are examples of things that may be specified in the
online content service provider rules made for the purposes of
subclause (2) or (3):
(a) a match;
(b) a series of matches;
(c) a race;
(d) a series of races;
(e) a stage;
(f) a time trial;
(g) a qualification session;
(h) a tournament;
(i) a round.
(5) For the purposes of this clause, thing includes a series of things.
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Clause 20
20 Live coverage of a sporting event
For the purposes of this Schedule, if:
(a) content that consists of live coverage of a sporting event is
provided on an online content service; and
(b) there is an unscheduled break in the sporting event;
any content provided on the service during the break is taken to be
content that consists of live coverage of the sporting event.
21 Gambling promotional content provided in conjunction with live
coverage of a sporting event
(1) For the purposes of this Schedule, gambling promotional content
(other than a commentator betting odds promotion or a
representative venue-based promotion) is provided on an online
content service in conjunction with live coverage of a sporting
event if, and only if, the content is provided on the service during
the period:
(a) beginning 5 minutes before the scheduled start of the
sporting event; and
(b) ending 5 minutes after the conclusion of the sporting event.
(2) However, if coverage of the sporting event is delayed, this clause
has effect as if there were a corresponding delay to the period
mentioned in subclause (1).
(3) For the purposes of this Schedule, gambling promotional content
that consists of a commentator betting odds promotion or a
representative venue-based promotion is provided on an online
content service in conjunction with live coverage of a sporting
event if, and only if, the promotion is provided on the service
during the period:
(a) beginning 30 minutes before the scheduled start of the
sporting event; and
(b) ending 30 minutes after the conclusion of the sporting event.
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Clause 22
(4) However, if coverage of the sporting event is delayed, this clause
has effect as if there were a corresponding delay to the period
mentioned in subclause (3).
22 Scheduled start of a sporting event
The online content service provider rules may provide that, for the
purposes of the application of this Schedule to a specified sporting
event, scheduled start has the meaning given by the online content
service provider rules.
Note: For specification by class, see subsection 13(3) of the Legislation Act
2003.
23 Conclusion of a sporting event
The online content service provider rules may provide that, for the
purposes of the application of this Schedule to a specified sporting
event, conclusion has the meaning given by the online content
service provider rules.
Note: For specification by class, see subsection 13(3) of the Legislation Act
2003.
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Schedule 8 Online content services
Part 4 Complaints
Clause 24
Part 4—Complaints
24 Complaints to ACMA—online content service provider rules
(1) If a person has reason to believe that an online content service
provider has contravened the online content service provider rules,
the person may make a complaint to the ACMA about the matter.
(2) The ACMA may conduct an investigation into the complaint if it
thinks that it is desirable to do so, but is not required to conduct an
investigation.
Note: One of the ACMA’s functions is to monitor compliance with the
online content service provider rules.
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Online content services Schedule 8
Enforcement Part 5
Clause 25
Part 5—Enforcement
25 Compliance with the online content service provider rules
(1) An online content service provider must not contravene the online
content service provider rules.
Civil penalty provision
(2) Subclause (1) is a civil penalty provision.
(3) An online content service provider 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.
Designated infringement notice provision
(4) Subclause (1) is a designated infringement notice provision.
26 Remedial directions—breach of the online content service
provider rules
Scope
(1) This clause applies if an online content service provider has
contravened, or is contravening, the online content service provider
rules.
Remedial directions
(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 online content service provider
rules, or is unlikely to contravene the online content service
provider rules, in the future.
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Schedule 8 Online content services
Part 5 Enforcement
Clause 26
Note: For variation and revocation, see subsection 33(3) of the Acts
Interpretation Act 1901.
(3) The following are examples of the kinds of direction that may be
given to an online content service provider under subclause (2):
(a) a direction that the provider implement effective
administrative systems for monitoring compliance with the
online content service provider rules;
(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 the online content service provider rules, in so far as those
requirements affect the employees, agents or contractors
concerned.
(4) An online content service provider must not contravene a direction
under subclause (2).
Civil penalty provision
(5) Subclause (4) is a civil penalty provision.
(6) An online content service provider 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.
Notice
(7) For the purposes of this Act and the Australian Communications
and Media Authority Act 2005, a direction under subclause (2) is
taken to be a notice under this Schedule.
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Online content services Schedule 8
Miscellaneous Part 6
Clause 27
Part 6—Miscellaneous
27 Minister may direct the ACMA about the exercise of its powers
(1) The Minister may, by legislative instrument, give the ACMA a
direction about the exercise of the powers conferred on the ACMA
by this Schedule (other than Part 4 or 5).
(2) The ACMA must comply with a direction under subclause (1).
28 Service of notices by electronic means
Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act
1999 do not apply to:
(a) a notice under this Schedule; or
(b) a notice under any other provision of this Act, so far as that
provision relates to this Schedule.
Note: Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999
deal with the consent of the recipient of information to the information
being given by way of electronic communication.
29 Service of summons, process or notice on corporations
incorporated outside Australia
Scope
(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; or
(c) a notice under any other provision of this Act, so far as that
provision relates to this Schedule;
where:
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Schedule 8 Online content services
Part 6 Miscellaneous
Clause 30
(d) 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
(e) the body corporate does not have a registered office or a
principal office in Australia; and
(f) the body corporate has an agent in Australia.
Service
(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.
30 This Schedule does not limit Schedule 5 or 7
This Schedule does not limit the operation of Schedule 5 or 7.
31 Schedule 5 or 7 does not limit this Schedule
Schedule 5 or 7 does not limit the operation of this Schedule.
32 Implied freedom of political communication
(1) The provisions of:
(a) this Schedule; and
(b) the online content service provider rules;
have no effect to the extent (if any) that their operation 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.
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Online content services Schedule 8
Miscellaneous Part 6
Clause 33
33 Acquisition of property
The provisions of:
(a) this Schedule; and
(b) the online content service provider rules;
have no effect to the extent (if any) to which their operation would
result in an acquisition of property (within the meaning of
paragraph 51(xxxi) of the Constitution) from a person otherwise
than on just terms (within the meaning of that paragraph).
34 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.
35 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
or the Australian Capital Territory.
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key 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 (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnotes
Endnote 1—About the endnotes
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
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Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Broadcasting Services 110, 1992 14 July 1992 ss. 4, 5, 7–92 and 117– Act No 105,
Act 1992 218: 5 Oct 1992 (see 1992
Gazette 1992, No.
GN38)
Remainder: Royal
Assent
Radiocommunications 167, 1992 11 Dec 1992 1 July 1993 —
(Transitional Provisions
and Consequential
Amendments) Act 1992
Broadcasting Services 171, 1992 11 Dec 1992 11 Dec 1992 —
(Subscription Television
Broadcasting)
Amendment Act 1992
Transport and 216, 1992 24 Dec 1992 s 11–13, 15–18 and —
Communications 20: 24 Dec 1992 (s
Legislation Amendment 2(1))
Act (No. 3) 1992 s 14 and 19: 24 June
1993 (s 2(6), (10))
Tobacco Advertising 218, 1992 24 Dec 1992 s 37: 1 July 1993 (s —
Prohibition Act 1992 2(3))
Broadcasting Services 1, 1993 14 May 1993 14 May 1993 —
Amendment Act 1993
Broadcasting Services 2, 1993 14 May 1993 14 May 1993 —
Amendment Act (No. 2)
1993
Communications and the 32, 1995 12 Apr 1995 Sch (items 6–51): 12 —
Arts Legislation Apr 1995 (s 2(1))
Amendment Act (No. 1)
1995
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Competition Policy 88, 1995 20 July 1995 Sch 3: 6 Nov 1995 (s —
Reform Act 1995 2(2) and gaz 1995,
No S423)
Broadcasting Services 139, 1995 8 Dec 1995 ss. 1, 2, 8, 9, 12(1), 13 ss. 3(2) and 14–
Amendment Act 1995 and 14: Royal Assent 16
Remainder: 5 Jan 1996
Telecommunications 59, 1997 3 May 1997 Sch 1 (items 7–12): —
(Transitional Provisions 1 July 1997 (s 2(2)(d))
and Consequential Sch 1 (items 13, 14):
Amendments) Act 1997 7 July 1997 (s 2(5))
Broadcasting Services 115, 1997 7 July 1997 7 July 1997 (s 2) Sch 1 (item 5)
Amendment Act 1997
Communications 119, 1997 7 July 1997 4 Aug 1997 —
Legislation Amendment
Act (No. 1) 1997
Broadcasting Services 143, 1997 8 Oct 1997 8 Oct 1997 Sch. 1 (items 8,
Legislation Amendment 9)
Act 1997
Audit (Transitional and 152, 1997 24 Oct 1997 Sch 2 (items 597– —
Miscellaneous) 604): 1 Jan 1998 (s
Amendment Act 1997 2(2))
Broadcasting Services 180, 1997 27 Nov 1997 25 Dec 1997 —
Amendment Act (No. 2)
1997
Financial Sector Reform 48, 1998 29 June 1998 Sch 1 (item 24): 1 July —
(Consequential 1998 (s 2(2))
Amendments) Act 1998
Television Broadcasting 99, 1998 27 July 1998 27 July 1998 Sch. 1 (item 7)
Services (Digital
Conversion) Act 1998
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Broadcasting Services 90, 1999 16 July 1999 16 July 1999 —
Amendment (Online
Services) Act 1999
Broadcasting Services 122, 1999 13 Oct 1999 13 Oct 1999 —
Amendment Act (No. 2)
1999
Public Employment
(Consequential and
Transitional)
Amendment Act 1999
146, 1999 11 Nov 1999 Sch 1 (items 282,
283): 5 Dec 1999 (s
2(1), (2))
—
Corporate Law
Economic Reform
Program Act 1999
156, 1999 24 Nov 1999 Sch 10 (item 68): 13
Mar 2000 (s 2(2)(c)
and gaz 2000, No
S114)
—
Broadcasting Services 197, 1999 23 Dec 1999 Sch 1, Sch 3 (items 1– Sch 3 (items 10,
Amendment Act (No. 1) 11) and Sch 4: 23 Dec 11, 19)
1999 1999 (s 2(1))
Sch 2: 20 Jan 2000 (s
2(2))
Sch 3 (items 14–19): 4
Mar 2001 (s 2(3))
Broadcasting Services
Amendment Act (No. 3)
1999
198, 1999 23 Dec 1999 Sch 1 (items 6–19):
1 July 2000 (s 2(2))
Sch 1 (items 20, 22):
1 July 2001 (s 2(3))
Sch 1 (item 21): never
commenced (s 2(3)
and s 2(3)(a) of Act
No. 5, 2001)
Remainder: 23 Dec
1999 (s 2(1))
Sch 1 (items 5,
19, 22)
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Endnotes
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
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 Sch 2 (items 126, 127,
418, 419): 24 May
2001 (s 2(3))
Sch 2
(items 418, 419)
Broadcasting Services
Amendment Act 2000
172, 2000 21 Dec 2000 Sch 1 (items 2–26,
36): 21 Dec 2000 (s
2(1))
Sch 2 (items 1–6): 1
Jan 2001 (s 2(2))
Sch 1 (item 36)
Communications and the 5, 2001 20 Mar 2001 s 4 and Sch 1 s 4
Arts Legislation (items 18–26, 28–38):
Amendment 24 May 2001 (s
(Application of Criminal 2(1)(a))
Code) Act 2001 Sch 1 (item 27): 1 July
2001 (s 2(3)(b))
Classification 13, 2001 22 Mar 2001 22 Mar 2002 —
(Publications, Films and
Computer Games)
Amendment Act (No. 1)
2001
Broadcasting Legislation 23, 2001 6 Apr 2001 6 Apr 2001 —
Amendment Act 2001
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Endnotes
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Corporations (Repeals, 55, 2001 28 June 2001 s 4–14 and Sch 3 s 4–14
Consequentials and (items 88–93): 15 July
Transitionals) Act 2001 2001 (s 2(1), (3))
Broadcasting Legislation 92, 2001 20 July 2001 20 July 2001 ss. 4 and 5
Amendment Act (No. 2)
2001
Financial Sector 121, 2001 24 Sept 2001 ss. 1–3: Royal Assent —
(Collection of Data— Remainder: 1 July
Consequential and 2002 (see s. 2(2) and
Transitional Provisions) Gazette 2002, No.
Act 2001 GN24)
Broadcasting Legislation 120, 2002 2 Dec 2002 Schedules 1 and 2: Sch. 1 (item 16)
Amendment Act (No. 2) 30 Dec 2002 and Sch. 2
2002 Remainder: Royal (items 11, 12)
Assent
Broadcasting Legislation 126, 2002 10 Dec 2002 10 Dec 2002 —
Amendment Act (No. 1)
2002
Broadcasting Legislation 4, 2003 26 Feb 2003 26 Feb 2003 —
Amendment Act (No. 1)
2003
Therapeutic Goods
Amendment Act (No. 1)
2003
39, 2003 27 May 2003 Schedule 2: 27 Nov
2003
Sch. 2 (item 3)
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)
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
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 8, 2005 22 Feb 2005 s. 4 and Schedule 1 s. 4 and Sch. 1
Legislation Amendment (items 109, 496): (item 496)
Act 2005 Royal Assent
Broadcasting Services 43, 2005 1 Apr 2005 2 Apr 2005 Sch. 1 (item 2)
Amendment
(Anti-Siphoning) Act
2005
Australian 45, 2005 1 Apr 2005 Sch 1 (items 6–58), Sch 4
Communications and Sch 2 and 4: 1 July
Media Authority 2005 (s 2(1) items 2,
(Consequential and 3, 10)
Transitional Provisions)
Act 2005
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
as amended by
Omnibus Repeal Day 109, 2014 16 Oct 2014 Sch 2 (items 177– —
(Autumn 2014) Act 181): 17 Oct 2014
2014 (s 2(1) item 2)
Broadcasting Services 71, 2006 23 June 2006 Schedule 1: 1 Jan 2006 Sch. 1 (item 62)
Amendment Remainder: Royal
(Subscription Television Assent
Drama and Community
Broadcasting Licences)
Act 2006
Communications 120, 2006 4 Nov 2006 Schedule 1: 4 Feb Sch. 1
Legislation Amendment 2007 (items 53, 54)
(Enforcement Powers) Remainder: Royal
Act 2006 Assent
Broadcasting Legislation 127, 2006 4 Nov 2006 5 Nov 2006 —
Amendment Act (No. 1)
2006
Broadcasting Legislation 128, 2006 4 Nov 2006 Schedule 1 (items 1– Sch. 1
Amendment (Digital 20, 28, 28A): 5 Nov (items 28, 28A)
Television) Act 2006 2006 and Sch. 2
Schedule 2 (items 1A, (items 93, 93A–
1–88, 88A, 93, 93A– 93E)
93E): 1 Jan 2007
Schedule 2A (items 1–
27): 4 May 2007
Schedule 3 (items 1–
16): 1 Jan 2009
as amended by
Statute Law Revision 73, 2008 3 July 2008 Sch 2 (item 2): 4 May —
Act 2008 2007 (s 2(1) item 45)
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Broadcasting Services 129, 2006 4 Nov 2006 Schedule 1: 1 Feb —
Amendment (Media 2007
Ownership) Act 2006 Schedule 2: 4 Apr
2007 (see
F2007L00837)
Schedule 3: 1 Jan 2009
Remainder: Royal
Assent
Broadcasting Services 153, 2006 8 Dec 2006 1 Jan 2007 —
Amendment (Collection
of Datacasting
Transmitter Licence
Fees) Act 2006
Statute Law Revision 8, 2007 15 Mar 2007 Sch 1 (item 2): 15 Mar —
Act 2007 2007 (s 2(1) item 3)
Classification 27, 2007 15 Mar 2007 Sch 1 (items 1–3, 16, Sch 1 (items 16,
(Publications, Films and 17): 1 July 2007 (s 17)
Computer Games) 2(1) item 2)
Amendment Act 2007
Broadcasting Legislation 28, 2007 15 Mar 2007 Sch 1 (items 1, 2): 15 —
Amendment Act 2007 Mar 2007 (s 2)
Broadcasting Legislation 68, 2007 28 May 2007 Sch 1 (items 1–118, Sch 1
Amendment (Digital 183–185): 29 May (items 183–185)
Radio) Act 2007 2007 (s 2(1) item 2)
Communications
Legislation Amendment
(Content Services) Act
2007
124, 2007 20 July 2007 Sch 1 (items 8–77,
100–104): 20 Jan 2008
(s 2(1) item 2)
Sch 1 (items 106,
107): 20 July 2007 (s
2(1) item 3)
Sch 2 (item 1): 20 July
2008 (s 2(1) item 4)
Sch 1
(items 100–104,
106, 107)
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Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Communications
Legislation Amendment
(Miscellaneous
Measures) Act 2008
72, 2008 3 July 2008 Sch 1: 4 July 2008 (s
2(1) item 2)
Sch 1 (item 5)
Statute Law Revision
Act 2008
73, 2008 3 July 2008 Sch 1 (items 15, 16):
3 July 2008 (s 2(1)
item 10)
—
Broadcasting Legislation
Amendment (Digital
Radio) Act 2008
114, 2008 31 Oct 2008 Sch 1 (items 1–3): 1
Nov 2008 (s 2)
—
Same-Sex Relationships
(Equal Treatment in
Commonwealth Laws—
General Law Reform)
Act 2008
144, 2008 9 Dec 2008 Sch 3 (items 3–10): 10
Dec 2008 (s 2(1)
item 12)
Sch 3 (item 10)
Broadcasting Legislation
Amendment (Digital
Television Switch-over)
Act 2008
158, 2008 18 Dec 2008 Sch 1: 19 Dec 2008 (s
2(1) item 2)
Sch 2: 16 Feb 2009 (s
2(1) item 3)
Sch 2 (items 21,
22)
Statute Stocktake 111, 2009 16 Nov 2009 Sch 1 (items 2–6): 17 —
(Regulatory and Other Nov 2009 (s 2)
Laws) Act 2009
Statute Law Revision
Act 2010
8, 2010 1 Mar 2010 Sch 1 (Broadcasting
Services Act 1992,
Note) and Sch 5
(items 15–26, 137,
138): 1 Mar 2010 (s
2(1) items 2, 31, 38)
Sch 5
(item 138)
Broadcasting Legislation
Amendment (Digital
Television) Act 2010
94, 2010 29 June 2010 Sch 1 (items 1–134):
30 June 2010 (s 2(1)
item 2)
Sch 1
(item 134)
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
as amended by
Statute Law Revision
Act 2011
5, 2011 22 Mar 2011 Sch 2 (item 1):
30 June 2010 (s 2(1)
item 3)
—
Trade Practices
Amendment (Australian
Consumer Law) Act
(No. 2) 2010
103, 2010 13 July 2010 Sch 6 (items 1, 40–
48): 1 Jan 2011 (s 2(1)
items 3–5)
—
Statute Law Revision
Act 2011
5, 2011 22 Mar 2011 Sch 1 (item 10): 22
Mar 2011 (s 2(1)
item 2)
—
Broadcasting Legislation 36, 2011 26 May 2011 Sch 1 (items 1–28), Sch 3
Amendment (Digital Sch 2 (items 2–60) and
Dividend and Other Sch 3: 27 May 2011 (s
Measures) Act 2011 2(1) item 2)
Acts Interpretation 46, 2011 27 June 2011 Sch 2 (items 293–313) Sch 3 (items 10,
Amendment Act 2011 and Sch 3 (items 10, 11)
11): 27 Dec 2011 (s
2(1) items 3, 12)
Broadcasting Services 177, 2011 5 Dec 2011 6 Dec 2011 (s 2) —
Amendment (Review of
Future Uses of
Broadcasting Services
Bands Spectrum) Act
2011
Broadcasting Services 34, 2012 15 Apr 2012 Sch 1: 16 Apr 2012 (s Sch 1 (item 16)
Amendment (Regional 2(1) item 2) and Sch 2
Commercial Radio) Act Sch 2: 15 Oct 2012 (s (item 13)
2012 2(1) item 3)
Broadcasting Services
Amendment (Improved
Access to Television
Services) Act 2012
83, 2012 28 June 2012 Sch 1: 29 June 2012 (s
2(1) item 2)
Sch 1
(items 14–16)
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Endnotes
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Broadcasting Services
Amendment (Digital
Television) Act 2012
88, 2012 28 June 2012 29 June 2012 (s 2) Sch 1 (items 8,
14)
Classification
(Publications, Films and
Computer Games)
Amendment (R 18+
Computer Games) Act
2012
103, 2012 6 July 2012 Sch 1 (item 5): 1 Jan
2013 (s 2)
—
Statute Law Revision
Act 2012
136, 2012 22 Sept 2012 Sch 1 (items 21–24):
22 Sept 2012 (s 2(1)
item 2)
—
Australian Charities and
Not-for-profits
Commission
(Consequential and
Transitional) Act 2012
169, 2012 3 Dec 2012 Sch 2 (items 153,
154): 3 Dec 2012 (s
2(1))
Sch 4 (item 12): never
commenced (s 2(1)
item 14)
—
Federal Circuit Court of 13, 2013 14 Mar 2013 Sch 1 (items 58, 59) Sch 4
Australia (Consequential and Sch 4: 12 Apr
Amendments) Act 2013 2013 (s 2(1) items 2,
22)
Broadcasting Legislation 29, 2013 30 Mar 2013 Sch 1 (items 1–14): 31 Sch 1
Amendment Mar 2013 (s 2(1) (items 12–14)
(Convergence Review item 2)
and Other Measures) Act
2013
Broadcasting Legislation 51, 2013 28 May 2013 Sch 1 (items 1–10): —
Amendment (Digital 1 Oct 2013 (s 2(2))
Dividend) Act 2013
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Sex Discrimination 98, 2013 28 June 2013 Sch 1 (items 63A, —
Amendment (Sexual 63B): 1 Aug 2013 (s
Orientation, Gender 2(1) item 2)
Identity and Intersex
Status) Act 2013
Statute Law Revision 103, 2013 29 June 2013 Sch 1 (items 24–28) Sch 3
Act 2013 and Sch 3 (items 34– (item 343)
66, 343): 29 June 2013
(s 2(1) items 2, 16)
Statute Law Revision 31, 2014 27 May 2014 Sch 1 (item 9), Sch 4 —
Act (No. 1) 2014 (items 11–23, 61) and
Sch 8 (item 9):
24 June 2014
Classification 99, 2014 11 Sept 2014 Sch 6 (items 29–40): Sch 6
(Publications, Films and 12 Sept 2014 (s 2(1) (items 31–40)
Computer Games) item 8)
Amendment
(Classification Tools and
Other Measures) Act
2014
Omnibus Repeal Day 109, 2014 16 Oct 2014 Sch 2 (items 6–16, 24, Sch 2 (items 24,
(Autumn 2014) Act 2014 83–85, 106–111, 182, 214, 216, 218)
183, 208–224): 17 Oct
2014 (s 2(1) item 2)
Statute Law Revision 5, 2015 25 Feb 2015 Sch 1 (item 9), Sch 5 —
Act (No. 1) 2015 (items 1, 2): 25 Mar
2015 (s 2(1) items 2,
10)
Acts and Instruments 10, 2015 5 Mar 2015 Sch 3 (items 15–66): 5 Sch 3
(Framework Reform) Mar 2016 (s 2(1) (items 348, 349)
Act 2015 item 2)
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Endnotes
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Broadcasting and Other
Legislation Amendment
(Deregulation) Act 2015
22, 2015 19 Mar 2015 Sch 1 (items 2–9) and
Sch 3–9: 20 Mar 2015
(s 2(1) items 2, 4)
Sch 2 (items 2–133,
164, 165): 19 Mar
2015 (s 2(1) item 3)
Sch 2
(items 164,
165), Sch 3
(item 5), Sch 5
(item 4), Sch 6
(items 17, 18)
and Sch 8
(item 3)
as amended by
Statute Law Revision
Act (No. 1) 2016
4, 2016 11 Feb 2016 Sch 2 (items 1, 2): 20
Mar 2015 (s 2(1)
item 3)
—
Enhancing Online Safety 25, 2015 24 Mar 2015 Sch 1 and Sch 3: Sch 3
for Children 1 July 2015 (s 2(1)
(Consequential items 2, 3, 6)
Amendments) Act 2015
Norfolk Island 59, 2015 26 May 2015 Sch 2 (items 77, 78): Sch 2
Legislation Amendment 1 July 2016 (s 2(1) (items 356–396)
Act 2015 item 5)
Sch 2 (items 356–
396): 18 June 2015 (s
2(1) item 6)
as amended by
Territories Legislation 33, 2016 23 Mar 2016 Sch 2: 24 Mar 2016 (s —
Amendment Act 2016 2(1) item 2)
Acts and Instruments 126, 2015 10 Sept 2015 Sch 1 (items 82–93): 5 —
(Framework Reform) Mar 2016 (s 2(1)
(Consequential item 2)
Provisions) Act 2015
Broadcasting Legislation 127, 2015 16 Sept 2015 17 Sept 2015 (s 2(1) Sch 1 (item 28)
Amendment (Primary item 1)
Television Broadcasting
Service) Act 2015
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Endnotes
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Statute Law Revision
Act (No. 1) 2016
4, 2016 11 Feb 2016 Sch 4 (items 1, 34–
42): 10 Mar 2016 (s
2(1) item 6)
—
Broadcasting Legislation
Amendment (Digital
Radio) Act 2016
14, 2016 29 Feb 2016 Sch 1 (items 1–43),
Sch 2, Sch 3 (items 1–
7) and Sch 5 (item 1):
1 Mar 2016 (s 2(1)
item 1)
—
Territories Legislation 33, 2016 23 Mar 2016 Sch 5 (item 21): 1 July —
Amendment Act 2016 2016 (s 2(1) item 7)
Enhancing Online Safety 51, 2017 22 June 2017 Sch 1 (items 30–32, Sch 1 (items 48,
for Children Amendment 48, 49, 51): 23 June 49, 51)
Act 2017 2017 (s 2(1) item 1)
Statute Update (Winter 93, 2017 23 Aug 2017 Sch 1 (item 5): 20 Sept —
2017) Act 2017 2017 (s 2(1) item 2)
Electoral and Other 99, 2017 14 Sept 2017 Sch 1 (items 53–60): —
Legislation Amendment 14 Mar 2018 (s 2(1)
Act 2017 item 2)
Broadcasting Legislation 113, 2017 16 Oct 2017 Sch 1, Sch 2, Sch 3 Sch 3 (item 4),
Amendment (items 1, 2), Sch 4 Sch 4 (item 10),
(Broadcasting Reform) (items 1–8, 10), Sch 5 Sch 5
Act 2017 (items 14–19, 22–25), (items 22–25)
Sch 6 (items 3–8, 38– and Sch 6
42) and Sch 7: 17 Oct (items 38–42)
2017 (s 2(1) items 2,
3, 5, 12, 13, 15, 16)
Sch 3 (items 3, 4):
17 Apr 2018 (s 2(1)
item 4)
Therapeutic Goods
Amendment (2017
Measures No. 1) Act
2018
7, 2018 5 Mar 2018 Sch 6 (items 52–58,
65): 1 July 2020
(s 2(1) item 6)
Sch 6 (item 65)
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Endnotes
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Broadcasting Legislation
Amendment (Digital
Radio) Act 2018
11, 2018 5 Mar 2018 Sch 1 (items 1, 15):
5 Mar 2018 (s 2(1)
item 1)
Sch 1 (item 15)
Communications
Legislation Amendment
(Online Content Services
and Other Measures) Act
2018
28, 2018 11 Apr 2018 Sch 1 (items 3–22):
12 Apr 2018 (s 2(1)
item 1)
—
Communications
Legislation Amendment
(Regional and Small
Publishers Innovation
Fund) Act 2018
43, 2018 19 June 2018 20 June 2018 (s 2(1)
item 1)
—
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Endnote 4—Amendment history
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; No 28, 2018
s 4 ..................................................am No 90, 1999; Nos 108 and 172, 2000; No 45, 2005; No 124, 2007;
No 8, 2010; No 28, 2018
s 5 ..................................................am No 90, 1999; No 108, 2000; No 45, 2005; No 124, 2007; No 8,
2010; No 28, 2018
s 6 ..................................................am No 167, 1992; No 216, 1992; No 1, 1993; No 32, 1995; No 59,
1997; No 119, 1997; No 198, 1999; No 108, 2000; No 137, 2000; No
172, 2000; No 120, 2002; No 45, 2005; No 120, 2006; No 128, 2006;
No 129, 2006; No 68, 2007; No 124, 2007; No 144, 2008; No 158,
2008; No 94, 2010; No 36, 2011; No 46, 2011; Nos 34, 2012; No 169,
2012; No 13, 2013; No 31, 2014; No 109, 2014; No 5, 2015; No 10,
2015; No 22, 2015; No 25, 2015; No 14, 2016; No 51, 2017; No 113,
2017; No 28, 2018
s 7 ..................................................am No 108, 2000
s 8A................................................ad No 108, 2000
s 8AA.............................................ad No 68, 2007
s 8AB.............................................ad No 68, 2007
s 8AC.............................................ad No 68, 2007
am No 114, 2008; No 8, 2010; No 14, 2016; No 11, 2018
s 8AD.............................................ad No 68, 2007
s 8AE .............................................ad No 94, 2010
rep No 22, 2015
s 8AF .............................................ad No 34, 2012
s 8B................................................ad No 120, 2002
am No 45, 2005; No 103, 2013
s 10AA...........................................ad No 33, 2016
s 10A..............................................ad No 5, 2001
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Endnote 4—Amendment history
Provision affected How affected
Part 2
s 11 ................................................am No 172, 2000
s 11A..............................................ad No 172, 2000
s 12 ................................................am No 172, 2000
s 13 ................................................am No 10, 2015
s 14 ................................................am No 94, 2010
s 17 ................................................am No 216, 1992
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
s 19 ................................................am No 172, 2000; No 45, 2005; No 10, 2015
s 20 ................................................rep No 10, 2015
s 21 ................................................am No 172, 2000; No 45, 2005
s 22 ................................................am No 45, 2005
Part 3
s 23 ................................................am No 45, 2005
s 24 ................................................am No 45, 2005
rep No 22, 2015
s 25 ................................................am No 167, 1992; No 45, 2005; No 68, 2007
rep No 22, 2015
s 26 ................................................am No 45, 2005; No 128, 2006; No 68, 2007; No 36, 2011; No 29,
2013; No 22, 2015
s 26A..............................................ad No 128, 2006
am No 128, 2006; No 36, 2011
rep No 22, 2015
s 26AA...........................................ad No 36, 2011
s 26B..............................................ad No 128, 2006
am No 128, 2006; No 36, 2011
rep No 22, 2015
s 26C..............................................ad No 68, 2007
am No 14, 2016
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 26D..............................................ad No 68, 2007
s 27 ................................................am No 45, 2005; No 36, 2011
rep No 22, 2015
s 28 ................................................rs No 99, 1998
am No 108, 2000; No 45, 2005
rep No 128, 2006
s 28A..............................................ad No 99, 1998
am No 108, 2000
rep No 128, 2006
s 29 ................................................am No 119, 1997; No 45, 2005; No 94, 2010; No 36, 2011
s 30 ................................................am No 45, 2005
s 31 ................................................am No 119, 1997; No 45, 2005; No 10, 2015
s 32 ................................................rep No 10, 2015
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
rep No 22, 2015
s 35A..............................................ad No 128, 2006
am No 158, 2008
rs No 177, 2011
rep No 29, 2013
Part 4
Division 1
Division 1 heading.........................ad No 94, 2010
s 35B..............................................ad No 128, 2006
rep No 29, 2013
s 35C..............................................ad No 68, 2007
rep No 14, 2016
s 35D..............................................ad No 68, 2007
am No 8, 2010
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
rep No 14, 2016
s 36 ................................................am No 45, 2005; No 128, 2006
s 36A..............................................ad No 68, 2007
am No 14, 2016
s 37 ................................................am No 45, 2005; No 94, 2010
s 37A..............................................ad No 29, 2013
s 38 ................................................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; No 22, 2015
s 38B..............................................ad No 108, 2000
am No 92, 2001; No 108, 2003; No 45, 2005; Nos 127 and 128, 2006;
No 94, 2010; No 10, 2015; No 22, 2015
s 38C..............................................ad No 94, 2010
am No 88, 2012; No 136, 2012; No 22, 2015
s 39 ................................................rs No 139, 1995
am No 45, 2005; No 22, 2015
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
Division 2 heading.........................ad No 94, 2010
s 41A..............................................ad No 128, 2006
rep No 22, 2015
s 41B..............................................ad No 128, 2006
am No 94, 2010; No 36, 2011
rep No 22, 2015
s 41C..............................................ad No 128, 2006
am No 94, 2010
rs No 22, 2015
s 41CA...........................................ad No 94, 2010
am No 88, 2012; No 22, 2015; No 127, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 41D..............................................ad No 68, 2007
am No 14, 2016
Division 3
Division 3 heading.........................ad No 94, 2010
s 42 ................................................am No 94, 2010
s 43 ................................................am No 45, 2005
s 43A..............................................ad No 129, 2006
rep No 113, 2017
s 43AA...........................................ad No 94, 2010
am No 36, 2011; No 22, 2015
s 43AB...........................................ad No 94, 2010
am No 22, 2015
s 43AC...........................................ad No 94, 2010
am No 36, 2011; No 22, 2015
s 43AD...........................................ad No 94, 2010
s 43B..............................................ad No 129, 2006
am No 34, 2012
rep No 34, 2012
s 43C..............................................ad No 129, 2006
am No 34, 2012; No 109, 2014; No 22, 2015
s 43D..............................................ad No 68, 2007
s 44 ................................................am No 45, 2005
Division 4
Division 4 heading.........................ad No 94, 2010
s 45 ................................................am No 94, 2010
s 46 ................................................am No 45, 2005
s 47 ................................................am No 45, 2005
s 49 ................................................am No 45, 2005
Part 5
Part 5 heading ................................rs No 108, 2000
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Endnote 4—Amendment history
Provision affected How affected
Division 1
s 50A..............................................ad No 129, 2006
am No 94, 2010
Subdivision A
Subdivision B
s 51A..............................................ad No 128, 2006
s 52 ................................................am No 45, 2005; No 22, 2015
s 52A..............................................ad No 129, 2006
Division 2
Subdivision A heading...................ad No 108, 2000
s 53 ................................................am No 113, 2017
Subdivision B ................................ad No 108, 2000
s 54A..............................................ad No 108, 2000
Subdivision C ................................ad No 68, 2007
rep No 14, 2016
s 54B..............................................ad No 68, 2007
rep No 14, 2016
Subdivision A
Subdivision B
Division 3
Subdivision A heading...................ad No 108, 2000
s 55 ................................................am No 113, 2017
Subdivision B ................................ad No 108, 2000
s 56A..............................................ad No 108, 2000
Division 4 ......................................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
Division 5 heading.........................rs No 129, 2006
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 59 ................................................am No 143, 1997; No 45, 2005; No 129, 2006; No 8, 2010
ss 60, 61 .........................................rep No 129, 2006
Division 5A
Division 5A....................................ad No 129, 2006
Subdivision A
s 61AA...........................................ad No 129, 2006
am No 129, 2006; No 94, 2010; No 113, 2017
s 61AB...........................................ad No 129, 2006
s 61AC...........................................ad No 129, 2006
am No 129, 2006; No 22, 2015
s 61AD...........................................ad No 129, 2006
s 61AE ...........................................ad No 129, 2006
am No 22, 2015
s 61AEA ........................................ad No 129, 2006
rep No 113, 2017
s 61AF ...........................................ad No 129, 2006
Subdivision B
s 61AG...........................................ad No 129, 2006
s 61AH...........................................ad No 129, 2006
s 61AJ ............................................ad No 129, 2006
s 61AK...........................................ad No 129, 2006
s 61AL ...........................................ad No 129, 2006
s 61AM ..........................................ad No 129, 2006
Subdivision BA..............................rep No 113, 2017
s 61AMA .......................................ad No 129, 2006
rep No 113, 2017
s 61AMB .......................................ad No 129, 2006
rep No 113, 2017
s 61AMC .......................................ad No 129, 2006
rep No 113, 2017
s 61AMD .......................................ad No 129, 2006
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Endnote 4—Amendment history
Provision affected How affected
rep No 113, 2017
s 61AME........................................ad No 129, 2006
rep No 113, 2017
s 61AMF........................................ad No 129, 2006
rep No 113, 2017
Subdivision C
s 61AN...........................................ad No 129, 2006
s 61ANA........................................ad No 129, 2006
rep No 113, 2017
s 61AP ...........................................ad No 129, 2006
am No 113, 2017
s 61AQ...........................................ad No 129, 2006
am No 113, 2017
s 61AR...........................................ad No 129, 2006
am No 113, 2017
Subdivision D
s 61AS ...........................................ad No 129, 2006
am No 8, 2010; No 113, 2017
s 61AT ...........................................ad No 129, 2006
Subdivision E
s 61AU...........................................ad No 129, 2006
am No 8, 2010
s 61AV...........................................ad No 129, 2006
s 61AW..........................................ad No 129, 2006
s 61AX...........................................ad No 129, 2006
s 61AY...........................................ad No 129, 2006
s 61AZ ...........................................ad No 129, 2006
am No 113, 2017
s 61AZA ........................................ad No 129, 2006
s 61AZB.........................................ad No 129, 2006
s 61AZC.........................................ad No 129, 2006
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 61AZCA......................................ad No 129, 2006
s 61AZD ........................................ad No 129, 2006
s 61AZE.........................................ad No 129, 2006
s 61AZF.........................................ad No 129, 2006
s 61AZG ........................................ad No 129, 2006
s 61AZH ........................................ad No 129, 2006
Division 5B
Division 5B....................................ad No 129, 2006
s 61BA...........................................ad No 129, 2006
s 61BB ...........................................ad No 129, 2006
s 61BC ...........................................ad No 129, 2006
am No 8, 2010
s 61BD...........................................ad No 129, 2006
s 61BE ...........................................ad No 129, 2006
s 61BF............................................ad No 129, 2006
am No 4, 2016
s 61BG...........................................ad No 129, 2006
s 61BH...........................................ad No 129, 2006
Division 5C
Division 5C....................................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
Subdivision B
s 61CD...........................................ad No 129, 2006
am No 34, 2012
s 61CE ...........................................ad No 129, 2006
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Endnote 4—Amendment history
Provision affected How affected
Subdivision C
s 61CF............................................ad No 129, 2006
s 61CG...........................................ad No 129, 2006
s 61CH...........................................ad No 129, 2006
s 61CJ ............................................ad No 129, 2006
am No 8, 2010
s 61CK...........................................ad No 129, 2006
s 61CL ...........................................ad No 129, 2006
s 61CM ..........................................ad No 129, 2006
s 61CN...........................................ad No 129, 2006
am No 93, 2017
Subdivision D
Division 5D
s 61CP............................................ad No 129, 2006
s 61CPA.........................................ad No 129, 2006
s 61CQ...........................................ad No 129, 2006
s 61CR ...........................................ad No 129, 2006
s 61CS............................................ad No 129, 2006
s 61CT ...........................................ad No 129, 2006
Division 5D....................................ad No 113, 2017
s 61CU...........................................ad No 113, 2017
s 61CV...........................................ad No 113, 2017
s 61CW..........................................ad No 113, 2017
s 61CX...........................................ad No 113, 2017
s 61CY...........................................ad No 113, 2017
s 61CZ ...........................................ad No 113, 2017
s 61CZA.........................................ad No 113, 2017
s 61CZB.........................................ad No 113, 2017
s 61CZC.........................................ad No 113, 2017
s 61CZD.........................................ad No 113, 2017
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Division 6
s 62 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,
2007; No 109, 2014
rep No 22, 2015
s 63 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,
2007; No 109, 2014; No 22, 2015; No 14, 2016
s 64 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,
2007; No 109, 2014; No 22, 2015; No 14, 2016
s 65 ................................................am No 32, 1995; No 45, 2005
rs No 129, 2006
rep No 109, 2014
s 65A..............................................ad No 120, 2006
am No 109, 2014; No 22, 2015
s 65B..............................................ad No 120, 2006
am No 109, 2014; No 22, 2015
Division 7
s 66 ................................................am No 32, 1995; No 108, 2000; No 5, 2001; No 45, 2005; No 129,
2006; No 4, 2016
s 67 ................................................am No 45, 2005; No 129, 2006
s 68 ................................................am No 45, 2005
s 69 ................................................am No 32, 1995; No 108, 2000; No 4, 2016
Division 8
Division 8 heading.........................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; No 4, 2016
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
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Division 10
Division 10 heading .......................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
s 77 ................................................am No 103, 2010
Part 6
s 79A..............................................ad No 119, 1997
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
s 84 ................................................am No 45, 2005
s 84A..............................................ad No 68, 2007
s 85 ................................................am No 45, 2005
s 85A..............................................ad No 68, 2007
s 86 ................................................am No 120, 2002
s 87 ................................................am No 120, 2002; No 45, 2005
s 87A..............................................ad No 120, 2002
am No 45, 2005; No 10, 2015
s 87B..............................................ad No 68, 2007
s 88 ................................................am No 45, 2005
s 89 ................................................am No 72, 2008
s 90 ................................................am No 120, 2002; No 45, 2005; No 72, 2008
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
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
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
s 92H..............................................ad No 119, 1997
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
s 97 ................................................ad No 171, 1992
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Endnote 4—Amendment history
Provision affected How affected
am No 88, 1995; No 45, 2005; No 8, 2010; 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
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
Division 2A....................................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; No 22, 2015
ss 103C–103G................................ad No 198, 1999
s 103H............................................ad No 198, 1999
am No 71, 2006
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Endnote 4—Amendment history
Provision affected How affected
s 103J.............................................ad No 198, 1999
am No 71, 2006
s 103JA..........................................ad No 71, 2006
s 103K............................................ad No 198, 1999
s 103L............................................ad No 198, 1999
am No 45, 2005; No 71, 2006; No 126, 2015
ed C83
s 103M...........................................ad No 198, 1999
am No 71, 2006
Subdivision B
s 103N............................................ad No 198, 1999
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
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 198, 1999; No 71, 2006
s 103TA .........................................ad No 71, 2006
Subdivision E
s 103U............................................ad No 198, 1999
am No 71, 2006
s 103UA.........................................ad No 71, 2006
ss 103V, 103W...............................ad No 198, 1999
am No 71, 2006
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Endnote 4—Amendment history
Provision affected How affected
Subdivision F
s 103X............................................ad No 198, 1999
am No 71, 2006
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 198, 1999; No 71, 2006
s 103ZAA ......................................ad No 71, 2006
Subdivision H
s 103ZA .........................................ad No 198, 1999
am No 45, 2005; No 22, 2015; No 4, 2016
s 103ZB .........................................ad No 198, 1999
am No 45, 2005; No 22, 2015; No 4, 2016
s 103ZC .........................................ad No 198, 1999
am No 45, 2005
s 103ZD .........................................ad No 198, 1999
Subdivision I................................ rep No 22, 2015
s 103ZE..........................................ad No 198, 1999
am No 45, 2005; No 71, 2006
rep No 22, 2015
s 103ZF..........................................ad No 198, 1999
am No 45, 2005
rep No 22, 2015
Subdivision J
s 103ZG .........................................ad No 198, 1999
am No 45, 2005
s 103ZH .........................................ad No 198, 1999
s 103ZJ...........................................ad No 198, 1999
rep No 109, 2014
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Endnote 4—Amendment history
Provision affected How affected
ss 103ZK, 103ZL ...........................ad No 198, 1999
rep No 198, 1999
Subdivision K ................................rep No 198, 1999
ss 103ZM, 103ZN..........................ad No 198, 1999
rep No 198, 1999
Division 3 ......................................rep No 129, 2006
s 104 ..............................................ad No 171, 1992
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
Division 4 ......................................rep No 129, 2006
s 111 ..............................................ad No 171, 1992
am No 32, 1995
rep No 129, 2006
Division 5 ......................................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; No 10, 2015; No 113,
2017
s 115A............................................ad No 128, 2006
rep No 109, 2014
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 116 ..............................................ad No 171, 1992
am No 139, 1995; No 111, 2009
s 116A............................................ad No 171, 1992
s 116B............................................ad No 171, 1992
am No 103, 2010
s 116C............................................ad No 171, 1992
rep No 111, 2009
Part 8
s 117 ..............................................am No 45, 2005; No 10, 2015
s 118 ..............................................am No 45, 2005
s 119 ..............................................am No 45, 2005; No 27, 2007
s 120 ..............................................am No 45, 2005; No 109, 2014; No 10, 2015
s 121 ..............................................rep No 10, 2015
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
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
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Endnote 4—Amendment history
Provision affected How affected
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
am No 120, 2006; No 4, 2016
s 121FH .........................................ad No 172, 2000
am No 5, 2001; No 45, 2005
rs No 120, 2006
s 121FHA.......................................ad No 120, 2006
s 121FHB.......................................ad No 120, 2006
s 121FJ...........................................ad No 172, 2000
am No 5, 2001; No 4, 2016
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
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 5, 2001; No 4, 2016
s 121FLG .......................................ad No 172, 2000
am No 45, 2005; No 94, 2010
s 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
Division 5 heading.........................am No 45, 2005
s 121FM.........................................ad No 172, 2000
am No 45, 2005
s 121FN .........................................ad No 172, 2000
am No 45, 2005
Division 6
s 121FP ..........................................ad No 172, 2000
am No 45, 2005; No 10, 2015
s 121FQ .........................................ad No 172, 2000
am No 45, 2005
s 121FR..........................................ad No 172, 2000
am No 45, 2005
s 121FS ..........................................ad No 172, 2000
am No 13, 2013
Part 9
Part 9 heading ................................rs No 29, 2013
s 121G............................................ad No 29, 2013
am No 22, 2015; No 126, 2015
s 122 ..............................................am No 120, 2002; No 120, 2004; No 45, 2005; No 128, 2006; No 94,
2010; No 29, 2013; No 126, 2015
s 123 ..............................................am No 216, 1992; No 180, 1997; No 120, 2002; No 61, 2004; No 45,
2005; No 128, 2006; No 27, 2007; No 68, 2007; No 83, 2012; No 98,
2013
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 123A............................................ad No 216, 1992
am No 180, 1997; No 45, 2005
rep No 22, 2015
s 123B............................................ad No 94, 2010
s 124 ..............................................am No 45, 2005
s 125 ..............................................am No 45, 2005
s 125A............................................ad No 28, 2018
s 126 ..............................................am No 45, 2005
s 127 ..............................................am No 45, 2005
s 128 ..............................................rs No 171, 1992
s 129 ..............................................am No 45, 2005
s 130 ..............................................am No 103, 2010
Part 9A
Part 9A...........................................ad No 128, 2006
s 130A............................................ad No 128, 2006
am No 68, 2007; No 22, 2015; No 14, 2016
s 130AA.........................................ad No 68, 2007
am No 14, 2016
s 130AB.........................................ad No 68, 2007
s 130AC.........................................ad No 94, 2010
s 130B............................................ad No 128, 2006
am No 68, 2007; No 103, 2010; No 126, 2015
s 130BA.........................................ad No 68, 2007
am No 103, 2010; No 126, 2015; No 14, 2016
s 130BB .........................................ad No 94, 2010
am No 103, 2010; No 126, 2015
Part 9B
Part 9B...........................................ad No 128, 2006
Division 1
s 130C............................................ad No 128, 2006
Division 2
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Endnote 4—Amendment history
Provision affected How affected
s 130D............................................ad No 128, 2006
s 130E ............................................ad No 128, 2006
s 130F ............................................ad No 128, 2006
am No 68, 2007; No 103, 2010; No 14, 2016
s 130G............................................ad No 128, 2006
s 130H............................................ad No 128, 2006
Division 3
s 130J.............................................ad No 128, 2006
s 130K............................................ad No 128, 2006
s 130L............................................ad No 128, 2006
am No 68, 2007; No 124, 2007; No 22, 2015
Division 4
s 130M...........................................ad No 128, 2006
s 130N............................................ad No 128, 2006
s 130P ............................................ad No 128, 2006
s 130Q............................................ad No 128, 2006
Division 5
s 130R............................................ad No 128, 2006
s 130S ............................................ad No 128, 2006
s 130T............................................ad No 128, 2006
s 130U............................................ad No 128, 2006
s 130V............................................ad No 128, 2006
s 130W...........................................ad No 128, 2006
s 130X............................................ad No 128, 2006
s 130Y............................................ad No 128, 2006
s 130Z............................................ad No 128, 2006
rep No 109, 2014
Division 6
s 130ZA .........................................ad No 128, 2006
am No 8, 2010
Part 9C
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Endnote 4—Amendment history
Provision affected How affected
Part 9C...........................................ad No 94, 2010
s 130ZBA.......................................ad No 94, 2010
s 130ZB .........................................ad No 94, 2010
am No 36, 2011; No 88, 2012; No 22, 2015
s 130ZBB.......................................ad No 36, 2011
am No 88, 2012; No 22, 2015
s 130ZBC.......................................ad No 88, 2012
rep No 22, 2015
s 130ZC .........................................ad No 94, 2010
am No 36, 2011
s 130ZCAA....................................ad No 94, 2010
am No 36, 2011
s 130ZCAB....................................ad No 94, 2010
am No 36, 2011
s 130ZCA.......................................ad No 94, 2010
am No 36, 2011
s 130ZD .........................................ad No 94, 2010
s 130ZE..........................................ad No 94, 2010
s 130ZEA.......................................ad No 36, 2011
rep No 22, 2015
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
am No 22, 2015
Part 9D
Part 9D...........................................ad No 83, 2012
Division 1
s 130ZJ...........................................ad No 83, 2012
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Endnote 4—Amendment history
Provision affected How affected
s 130ZK .........................................ad No 83, 2012
am No 22, 2015
s 130ZKA ......................................ad No 22, 2015
s 130ZKB.......................................ad No 22, 2015
s 130ZKC.......................................ad No 22, 2015
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
am No 22, 2015
s 130ZS..........................................ad No 83, 2012
s 130ZT..........................................ad No 83, 2012
rep No 5, 2015
s 130ZU .........................................ad No 83, 2012
rep No 5, 2015
s 130ZUA ......................................ad No 83, 2012
am No 22, 2015
s 130ZUAA....................................ad No 83, 2012
am No 5, 2015
s 130ZUB.......................................ad No 83, 2012
Division 3
s 130ZV .........................................ad No 83, 2012
am No 22, 2015
s 130ZVA ......................................ad No 83, 2012
am No 103, 2013; No 22, 2015
s 130ZW ........................................ad No 83, 2012
am No 103, 2013
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Endnote 4—Amendment history
Provision affected How affected
s 130ZX .........................................ad No 83, 2012
s 130ZY .........................................ad No 83, 2012
am No 22, 2015
s 130ZYA ......................................ad No 83, 2012
am No 22, 2015
s 130ZZ..........................................ad No 83, 2012
am No 22, 2015
s 130ZZAA....................................ad No 83, 2012
s 130ZZAB ....................................ad No 83, 2012
Division 4
s 130ZZA.......................................ad No 83, 2012
am No 22, 2015
Division 5
s 130ZZB .......................................ad No 83, 2012
Division 6
s 130ZZC .......................................ad No 83, 2012
s 130ZZD.......................................ad No 83, 2012
rs No 22, 2015
Division 7
s 130ZZE .......................................ad No 83, 2012
am No 22, 2015
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
s 136 ..............................................am No 4, 2016
Division 1A
Division 1A....................................ad No 120, 2006
s 136A............................................ad No 120, 2006
s 136B............................................ad No 120, 2006
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Endnote 4—Amendment history
Provision affected How affected
s 136C............................................ad No 120, 2006
s 136D............................................ad No 120, 2006
s 136E ............................................ad No 120, 2006
s 136F ............................................ad No 120, 2006
Division 2
Division 2 heading.........................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; No 4, 2016
s 140 ..............................................am No 4, 2016
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
Division 5 ......................................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
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Division 1
s 146A............................................ad No 197, 1999
am No 10, 2015
s 146B............................................ad No 197, 1999
am No 55, 2001; No 128, 2006
s 146C............................................ad No 197, 1999
am No 46, 2011; No 10, 2015; No 126, 2015
s 146CA.........................................ad No 197, 1999
am No 46, 2011; No 10, 2015; No 126, 2015
s 146D............................................ad No 197, 1999
am No 45, 2005
Division 2
s 146E ............................................ad No 197, 1999
s 146F ............................................ad No 197, 1999
s 146G............................................ad No 197, 1999
s 146H............................................ad No 197, 1999
s 146J.............................................ad No 197, 1999
s 146K............................................ad No 197, 1999
s 146KA.........................................ad No 197, 1999
Division 3
s 146L............................................ad No 197, 1999
s 146N............................................ad No 197, 1999
s 146P ............................................ad No 197, 1999
s 146Q............................................ad No 197, 1999
s 146R............................................ad No 197, 1999
Division 4 ......................................rep No 109, 2014
s 146S ............................................ad No 197, 1999
rep No 109, 2014
Part 11
Part 11 heading ..............................am No 45, 2005
Division 1
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 147 ..............................................am No 45, 2005; No 120, 2006
s 148 ..............................................am No 45, 2005
s 149 ..............................................am No 45, 2005; No 120, 2006
rs No 109, 2014
Division 2
Division 2 heading.........................rs No 23, 2001
s 150 ..............................................am No 23, 2001; No 45, 2005; No 83, 2012
s 151 ..............................................am No 23, 2001; No 45, 2005
rs No 109, 2014
s 152 ..............................................am No 45, 2005; No 109, 2014
s 153 ..............................................am No 45, 2005
Part 12............................................rep No 45, 2005
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
s 166 ..............................................rep No 45, 2005
s 167 ..............................................rep No 45, 2005
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 13
Part 13 heading ..............................am No 45, 2005
rs No 25, 2015
Division 1
s 168 ..............................................am No 45, 2005
s 169 ..............................................am No 45, 2005
s 169A............................................ad No 25, 2015
am No 51, 2017
Division 2
s 170 ..............................................am No 45, 2005
s 171 ..............................................rs No 115, 1997
am No 59, 1997; No 45, 2005
s 172 ..............................................am No 115, 1997; No 45, 2005
s 173 ..............................................am No 45, 2005; No 25, 2015
s 174 ..............................................am No 45, 2005; No 25, 2015
s 176 ..............................................am No 45, 2005; No 25, 2015
s 177 ..............................................am No 45, 2005; No 25, 2015
s 178 ..............................................am No 45, 2005
s 179 ..............................................am No 45, 2005
s 180 ..............................................am No 45, 2005
Division 3
s 181 ..............................................rep No 45, 2005
s 182 ..............................................am No 45, 2005
ss 183, 184 .....................................am No 45, 2005
ss 185–190 .....................................am No 45, 2005
ss 191–196 .....................................am No 45, 2005
ss 197–199 .....................................am No 45, 2005
Division 4
s 200 ..............................................am No 45, 2005; No 25, 2015
s 202 ..............................................am No 216, 1992; No 108, 2000; No 5, 2001; No 120, 2006
s 203 ..............................................am No 45, 2005
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 14
s 204 ..............................................am No 216, 1992; No 139, 1995; No 119, 1997; No 143, 1997; No 99,
1998; No 197, 1999; No 198, 1999; No 108, 2000; No 172, 2000; No
71, 2006; No 128, 2006; No 129, 2006; No 68, 2007; No 94, 2010;
No 83, 2012; No 22, 2015; No 14, 2016; No 113, 2017; No 28, 2018
s 205 ..............................................am No 45, 2005
Part 14AA
Part 14AA......................................ad No 113, 2017
s 205AA.........................................ad No 113, 2017
s 205AB.........................................ad No 113, 2017
s 205AC.........................................ad No 113, 2017
s 205AD.........................................ad No 113, 2017
s 205AE .........................................ad No 113, 2017
s 205AF .........................................ad No 113, 2017
s 205AG.........................................ad No 113, 2017
Part 14A.........................................ad No 143, 1997
rep No 113, 2017
s 205A............................................ad No 143, 1997
am No 153, 2006
rep No 113, 2017
s 205B............................................ad No 143, 1997
am No 45, 2005; No 120, 2006; No 128, 2006; No 153, 2006; No 109,
2014
rep No 113, 2017
s 205BA.........................................ad No 153, 2006
rep No 113, 2017
s 205C............................................ad No 143, 1997
am No 45, 2005; No 153, 2006
rep No 113, 2017
s 205D............................................ad No 143, 1997
am No 45, 2005; No 120, 2006; No 153, 2006
rep No 113, 2017
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 14B
Part 14B.........................................ad No 120, 2006
Division 1
s 205E ............................................ad No 120, 2006
Division 2
s 205F ............................................am No 28, 2018
s 205EA .........................................ad No 120, 2006
s 205F ............................................ad No 120, 2006
am No 113, 2017
s 205G............................................ad No 120, 2006
s 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; No 113, 2017
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
Part 14E
Part 14E .........................................ad No 120, 2006
s 205X............................................ad No 120, 2006
s 205XAA......................................ad No 120, 2006
s 205XA.........................................ad No 120, 2006
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
ss 205Y, 205Z................................ad No 120, 2006
s 205ZA .........................................ad No 120, 2006
am No 28, 2018
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 14F
Part 14F .........................................ad No 43, 2018
s 205ZG .........................................ad No 43, 2018
s 205ZH .........................................ad No 43, 2018
s 205ZJ...........................................ad No 43, 2018
s 205ZK .........................................ad No 43, 2018
s 205ZL..........................................ad No 43, 2018
s 205ZM.........................................ad No 43, 2018
Part 15
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 211 ..............................................am No 31, 2014
rep No 22, 2015
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
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 55, 2001; No 169, 2012
s 212B............................................ad No 197, 1999
am No 46, 2011; No 10, 2015; No 126, 2015
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
am No 126, 2015
s 215A............................................ad No 68, 2007
rep No 51, 2013
s 215B............................................ad No 68, 2007
rep No 14, 2016
s 216A............................................ad No 99, 1998
s 216AA.........................................ad No 113, 2017
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
ad No 28, 2018
s 217 ..............................................am No 32, 1995
s 218 ..............................................am No 45, 2005
Schedule 1
Part 1
c 1 ..................................................am No 139, 1995; No 108, 2000; No 172, 2000; No 45, 2005; No 68,
2007; No 14, 2016
Part 2
c 2 ..................................................am No 108, 2000; No 129, 2006; No 68, 2007; No 14, 2016
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 4 ..................................................am No 48, 1998; No 108, 2000; No 172, 2000; No 121, 2001; No 45,
2005; No 68, 2007; No 14, 2016
Part 3
c 6 ..................................................am No 139, 1995
c 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; No 99, 2017
c 2 ..................................................am No 218, 1992; No 120, 2002; No 68, 2007
Part 2
c 3A ...............................................ad No 216, 1992
c 4 ..................................................am No 45, 2005; No 99, 2017
c 5 ..................................................am No 45, 2005
c 6 ..................................................am No 39, 2003
rep No 7, 2018
Part 3
Division 1
Division 1 heading.........................ad No 94, 2010
c 7 ..................................................am No 167, 1992; No 216, 1992; No 218, 1992; No 143, 1997; No 99,
1998; No 197, 1999; No 108, 2000; No 13, 2001; No 61, 2004; No 45,
2005; No 128, 2006; No 129, 2006; No 68, 2007; No 73, 2008; No 158,
2008; No 94, 2010; No 36, 2011; No 83, 2012; No 29, 2013; No 22,
2015; No 113, 2017; No 7, 2018
Division 2
Division 2 ......................................ad No 94, 2010
c 7A ...............................................ad No 94, 2010
c 7B................................................ad No 94, 2010
am No 22, 2015
c 7C................................................ad No 94, 2010
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 22, 2015; No 127, 2015
c 7D ...............................................ad No 94, 2010
am No 36, 2011; No 22, 2015; No 127, 2015
c 7E................................................ad No 94, 2010
am No 22, 2015; No 127, 2015
c 7F................................................ad No 94, 2010
am No 22, 2015; No 127, 2015
c 7G ...............................................ad No 94, 2010
am No 22, 2015; No 127, 2015
c 7H ...............................................ad No 94, 2010
rep No 22, 2015
c 7J.................................................ad No 94, 2010
c 7K ...............................................ad No 94, 2010
rep No 22, 2015
c 7L................................................ad No 94, 2010
am No 22, 2015
Part 4
c 8 ..................................................am No 167, 1992; No 216, 1992; No 218, 1992; No 143, 1997; No 197,
1999; No 45, 2005; No 129, 2006; No 68, 2007; No 73, 2008; No 113,
2017; No 7, 2018
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; No 7, 2018
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;
No 7, 2018
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
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
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
rs No 22, 2015
am No 113, 2017
c 2 ..................................................ad No 99, 1998
am No 108, 2000; No 45, 2005; Nos 127 and 128, 2006; No 158, 2008;
No 94, 2010; No 22, 2015
c 3 ..................................................ad No 99, 1998
rep No 22, 2015
c 4 ..................................................ad No 99, 1998
c 4A ...............................................ad No 108, 2000
c 4B................................................ad No 108, 2000
c 4C................................................ad No 128, 2006
am No 94, 2010
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
rep No 22, 2015
c 4D ...............................................ad No 128, 2006
rep No 22, 2015
c 5 ..................................................ad No 99, 1998
am No 45, 2005; No 94, 2010; No 22, 2015
c 5A ...............................................ad No 108, 2000
am No 23, 2001
rep No 128, 2006
ad No 128, 2006
am No 94, 2010; No 22, 2015
c 5B................................................ad No 128, 2006
am No 94, 2010
c 5C................................................ad No 128, 2006
am No 94, 2010; No 22, 2015
c 5D ...............................................ad No 128, 2006
am No 94, 2010
c 5E................................................ad No 128, 2006
rep No 22, 2015
c 5F................................................ad No 158, 2008
am No 88, 2012
rep No 22, 2015
c 5H ...............................................ad No 158, 2008
rep No 109, 2014
c 5J.................................................ad No 94, 2010
rep No 22, 2015
Part 2..............................................rep No 22, 2015
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; No
46, 2011
rep No 22, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 6A ...............................................ad No 158, 2008
am No 88, 2012
rep No 22, 2015
c 6B................................................ad No 158, 2008
rep No 22, 2015
c 6C................................................ad No 94, 2010
rep No 36, 2011
c 7 ..................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 7A ...............................................ad No 108, 2000
am No 45, 2005; No 94, 2010
rep No 22, 2015
c 7AA ............................................ad No 36, 2011
rep No 22, 2015
c 7B................................................ad No 128, 2006
rep No 22, 2015
c 8 ..................................................ad No 99, 1998
am No 108, 2000; No 45, 2005; No 128, 2006; No 36, 2011
rep No 22, 2015
c 9 ..................................................ad No 99, 1998
am No 45, 2005; No 128, 2006; No 94, 2010
rep No 22, 2015
c 9A ...............................................ad No 36, 2011
rep No 22, 2015
c 10 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 11 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 12 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 13 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 14 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 15 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 16 ................................................ad No 99, 1998
rep No 22, 2015
c 17 ................................................ad No 99, 1998
rep No 22, 2015
c 18 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
Part 3
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; No 46, 2011
rep No 22, 2015
c 20 ................................................ad No 99, 1998
am No 108, 2000; No 108, 2003; No 45, 2005; No 128, 2006; No 36,
2011
rep No 22, 2015
c 21 ................................................ad No 99, 1998
rep No 22, 2015
c 21A .............................................ad No 36, 2011
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
rep No 22, 2015
c 22 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 22A .............................................ad No 108, 2000
am No 45, 2005
rep No 22, 2015
c 22AA...........................................ad No 36, 2011
rep No 22, 2015
c 23 ................................................ad No 99, 1998
am No 108, 2000; No 45, 2005; No 128, 2006; No 36, 2011
rep No 22, 2015
c 24 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 25 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 26 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 27 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 28 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 29 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 30 ................................................ad No 99, 1998
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
rep No 22, 2015
c 31 ................................................ad No 99, 1998
rep No 22, 2015
c 32 ................................................ad No 99, 1998
rep No 22, 2015
c 33 ................................................ad No 99, 1998
am No 45, 2005
rep No 22, 2015
c 34 ................................................ad No 99, 1998
rep No 22, 2015
c 35 ................................................ad No 99, 1998
rs No 108, 2000
am No 128, 2006; No 158, 2008
rep No 22, 2015
c 35A .............................................ad No 94, 2010
am No 36, 2011
rep No 22, 2015
c 35AA...........................................ad No 128, 2006
rep No 22, 2015
c 35A .............................................ad No 108, 2000
rep No 128, 2006
c 36 ................................................ad No 99, 1998
am No 108, 2000; No 128, 2006; No 22, 2015
c 36A .............................................ad No 99, 1998
rep No 108, 2000
Part 3A...........................................ad No 108, 2000
rep No 128, 2006
c 36B..............................................ad No 108, 2000
rep No 128, 2006
c 36C..............................................ad No 108, 2000
rep No 128, 2006
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 4..............................................rep No 22, 2015
Part 4 heading ................................rs No 128, 2006
rep No 22, 2015
Division 1 heading.........................ad No 108, 2000
rep No 128, 2006
Division 1 ......................................rep No 128, 2006
c 37 ................................................ad No 99, 1998
rs No 108, 2000
rep No 128, 2006
cc 37A–37D...................................ad No 108, 2000
rep No 128, 2006
Division 2 heading.........................rs No 128, 2006
rep No 22, 2015
Division 2 ......................................ad No 108, 2000
rep No 22, 2015
c 37DAA........................................ad No 94, 2010
rep No 22, 2015
c 37DA...........................................ad No 128, 2006
rep No 22, 2015
c 37E..............................................ad No 108, 2000
am No 23, 2001; No 126, 2002; Nos 4 and 108, 2003; No 128, 2006
rep No 22, 2015
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
rep No 22, 2015
c 37FA ...........................................ad No 92, 2001
am No 126, 2002; No 4, 2003; No 45, 2005
rep No 128, 2006
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 37G .............................................ad No 108, 2000
am No 92, 2001; No 45, 2005; Nos 127 and 128, 2006
rep No 22, 2015
c 37H .............................................ad No 108, 2000
am No 92, 2001; No 45, 2005; No 128, 2006
rep No 22, 2015
c 37J...............................................ad No 108, 2000
rep No 128, 2006
c 37K .............................................ad No 108, 2000
rep No 22, 2015
c 37L..............................................ad No 108, 2000
rs No 4, 2003
rep No 22, 2015
c 37M.............................................ad No 108, 2000
rep No 22, 2015
Division 3 heading.........................ad No 108, 2000
rs No 128, 2006
rep No 83, 2012
Division 3 ......................................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
Division 4 heading.........................ad No 108, 2000
rep No 128, 2006
Division 4 ......................................rep No 128, 2006
c 39 ................................................ad No 99, 1998
am No 108, 2000; No 45, 2005
rep No 128, 2006
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 40 ................................................ad No 99, 1998
rep No 108, 2000
Division 5 heading.........................ad No 108, 2000
rep No 22, 2015
c 41 ................................................ad No 99, 1998
rep No 22, 2015
Part 4A
Part 4A heading .............................rs No 113, 2017
Part 4A...........................................ad No 128, 2006
Division 1
Division 1 ......................................ad No 128, 2006
c 41A .............................................ad No 99, 1998
rep No 108, 2000
ad No 128, 2006
am No 94, 2010
rep No 22, 2015
c 41B..............................................ad No 128, 2006
am No 94, 2010
rep No 22, 2015
c 41C..............................................ad No 128, 2006
am No 94, 2010
rep No 22, 2015
c 41D .............................................ad No 128, 2006
am No 94, 2010
rep No 22, 2015
c 41E..............................................ad No 128, 2006
am No 94, 2010; No 22, 2015; No 127, 2015
rep No 113, 2017
c 41F..............................................ad No 128, 2006
am No 94, 2010; No 22, 2015
rep No 127, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 41FA ...........................................ad No 94, 2010
am No 127, 2015
rep No 113, 2017
c 41FB ...........................................ad No 94, 2010
rep No 127, 2015
c 41G .............................................ad No 128, 2006
am No 94, 2010; No 36, 2011; No 136, 2012; No 22, 2015; No 127,
2015
Division 2
Division 2 heading.........................ad No 128, 2006
c 41H .............................................ad No 128, 2006
am No 94, 2010
rep No 22, 2015
c 41J...............................................ad No 128, 2006
am No 94, 2010
rep No 22, 2015
c 41K .............................................ad No 128, 2006
am No 94, 2010; No 22, 2015; No 127, 2015
rep No 113, 2017
c 41L..............................................ad No 128, 2006
am No 94, 2010; No 22, 2015
rep No 127, 2015
c 41LA...........................................ad No 94, 2010
am No 127, 2015
rep No 113, 2017
c 41LB ...........................................ad No 94, 2010
rep No 127, 2015
c 41M.............................................ad No 128, 2006
am No 22, 2015; No 127, 2015
c 41N .............................................ad No 94, 2010
am No 127, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
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
c 47 ................................................ad No 99, 1998
am No 108, 2000
c 48 ................................................ad No 99, 1998
am No 108, 2000; No 22, 2015
c 49 ................................................ad No 99, 1998
c 50 ................................................ad No 99, 1998
Part 6..............................................rep No 113, 2017
c 51 ................................................ad No 99, 1998
am No 8, 2005; No 45, 2005; No 22, 2015
rep No 113, 2017
c 52 ................................................ad No 99, 1998
rep No 113, 2017
c 53 ................................................ad No 99, 1998
am No 108, 2000
rep No 45, 2005
Part 7..............................................rep No 22, 2015
c 54 ................................................ad No 99, 1998
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 45, 2005
rep No 22, 2015
c 55 ................................................ad No 99, 1998
rep No 22, 2015
c 56 ................................................ad No 99, 1998
rep No 22, 2015
c 57 ................................................ad No 99, 1998
rep No 22, 2015
c 58 ................................................ad No 99, 1998
am No 31, 2014
rep No 22, 2015
c 59 ................................................ad No 99, 1998
rep No 45, 2005
c 59A .............................................ad No 108, 2000
rep No 45, 2005
c 60 ................................................ad No 99, 1998
am No 108, 2000; No 108, 2003; No 45, 2005
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
rep No 29, 2013
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 9 heading ................................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; No 22, 2015
c 63 ................................................ad No 99, 1998
am No 45, 2005
Part 11............................................rep No 22, 2015
c 64 ................................................ad No 99, 1998
rep No 22, 2015
Schedule 5
Schedule 5......................................ad No 90, 1999
Part 1
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; No 25, 2015
c 3 ..................................................ad No 90, 1999
am No 45, 2005; No 129, 2006; No 124, 2007; No 8, 2010; No 31,
2014; No 25, 2015
c 4 ..................................................ad No 90, 1999
am No 45, 2005
rep No 124, 2007
c 5 ..................................................ad No 90, 1999
am No 8, 2010
c 6 ..................................................ad No 90, 1999
am No 61, 2004
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
rep No 124, 2007
c 7 ..................................................ad No 90, 1999
Part 2
c 8 ..................................................ad No 90, 1999
am No 8, 2010; No 46, 2011; No 103, 2013; No 126, 2015
c 9 ..................................................ad No 90, 1999
am No 8, 2010; No 103, 2013
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
c 21 ................................................ad No 90, 1999
am No 13, 2001
rep No 124, 2007
Part 4
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 4 heading ................................am No 45, 2005; No 25, 2015
Division 1
Division 1 heading.........................am No 45, 2005; No 25, 2015
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; No 25, 2015
c 24 ................................................ad No 90, 1999
am No 45, 2005; No 25, 2015
c 25 ................................................ad No 90, 1999
Division 2
Division 2 heading.........................am No 45, 2005; No 25, 2015
c 26 ................................................ad No 90, 1999
am No 45, 2005
rep No 109, 2014
c 27 ................................................ad No 90, 1999
am No 45, 2005
rs No 124, 2007
am No 8, 2010; No 109, 2014; No 25, 2015
c 28 ................................................ad No 90, 1999
am No 45, 2005; No 25, 2015
c 29 ................................................ad No 90, 1999
am No 45, 2005; No 25, 2015
Division 3 ......................................rep No 124, 2007
c 30 ................................................ad No 90, 1999
am No 61, 2004; No 45, 2005
rep No 124, 2007
c 31 ................................................ad No 90, 1999
am No 45, 2005
rep No 124, 2007
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
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 46, 2011; No 103,
2013; No 25, 2015; No 126, 2015
c 41 ................................................ad No 90, 1999
am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015
c 42 ................................................ad No 90, 1999
am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015
c 43 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
c 44 ................................................ad No 90, 1999
am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015
c 45 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
c 46 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
c 47 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
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
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 8, 2010
Note to c 50....................................am No 46, 2011
c 51 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015
Part 5
Division 1
c 52 ................................................ad No 90, 1999
am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015
Division 2
cc 53, 54.........................................ad No 90, 1999
c 55 ................................................ad No 90, 1999
am No 124, 2007; No 8, 2010
c 56 ................................................ad No 90, 1999
rs No 124, 2007
am No 8, 2010
c 57 ................................................ad No 90, 1999
am No 8, 2010
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; No 25, 2015
c 60 ................................................ad No 90, 1999
am No 45, 2005; No 124, 2007; No 8, 2010; No 46, 2011; No 31, 2014;
No 25, 2015; No 126, 2015
c 61 ................................................ad No 90, 1999
Division 4
c 62 ................................................ad No 90, 1999
am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015
c 63 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 64 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
c 65 ................................................ad No 90, 1999
c 66 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
c 67 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
Division 5
c 68 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015
c 69 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015
c 70 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015
c 71 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015
c 72 ................................................ad No 90, 1999
am No 8, 2010
c 73 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
c 74 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015
c 75 ................................................ad No 90, 1999
am No 45, 2005; No 103, 2013; No 25, 2015
c 76 ................................................ad No 90, 1999
am No 45, 2005
rep No 109, 2014
c 77 ................................................ad No 90, 1999
am No 45, 2005; No 25, 2015
Division 6
c 78 ................................................ad No 90, 1999
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 45, 2005; No 8, 2010; No 25, 2015
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; No 25,
2015
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; No 4, 2016
c 83 ................................................ad No 90, 1999
am No 5, 2001; No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015;
No 4, 2016
c 84 ................................................ad No 90, 1999
am No 45, 2005; No 25, 2015
c 85 ................................................ad No 90, 1999
am No 45, 2005
rs No 124, 2007
am No 8, 2010; No 25, 2015
Part 7
c 86 ................................................ad No 90, 1999
am No 4, 2016
c 87 ................................................ad No 90, 1999
am No 5, 2001
Part 8
c 88 ................................................ad No 90, 1999
am No 124, 2007; No 8, 2010
c 89 ................................................ad No 90, 1999
am No 45, 2005; No 27, 2007
rep No 124, 2007
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 9
c 90 ................................................ad No 90, 1999
c 91 ................................................ad No 90, 1999
am No 8, 2010; No 46, 2011; No 103, 2013; No 126, 2015
Part 10
c 92 ................................................ad No 90, 1999
am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015
c 93 ................................................ad No 90, 1999
am No 45, 2005; No 25, 2015
Part 11
c 94 ................................................ad No 90, 1999
am No 45, 2005; No 8, 2010; No 25, 2015
c 95 ................................................ad No 90, 1999
am No 8, 2010
rep No 109, 2014
c 96 ................................................ad No 90, 1999
am No 59, 2015
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; No 31, 2014;
No 109, 2014; No 14, 2016
c 2 ..................................................ad No 108, 2000
am Nos 55 and 92, 2001; Nos 8 and 94, 2010; No 51, 2013; No 31,
2014; No 22, 2015
c 2A ...............................................ad No 51, 2013
c 3 ..................................................ad No 108, 2000
am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015
c 4 ..................................................ad No 108, 2000
am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
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; No 14, 2016
c 8 ..................................................ad No 108, 2000
am No 45, 2005
c 9 ..................................................ad No 108, 2000
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
c 12 ................................................ad No 108, 2000
am No 45, 2005; No 68, 2007; No 8, 2010; No 14, 2016
c 12A .............................................ad No 68, 2007
am No 8, 2010
rep No 14, 2016
Part 3
Division 1
c 13 ................................................ad No 108, 2000
am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015
c 14 ................................................ad No 108, 2000
c 15 ................................................ad No 108, 2000
am No 92, 2001; No 45, 2005; No 46, 2011; No 10, 2015; No 126,
2015
c 16 ................................................ad No 108, 2000
am No 92, 2001
cc 17, 18.........................................ad No 108, 2000
c 18A .............................................ad No 108, 2000
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 19 ................................................ad No 108, 2000
rs No 31, 2014
c 20 ................................................ad No 108, 2000
am No 8, 2010; No 31, 2014
c 20AA...........................................ad No 108, 2000
am No 8, 2010
Division 1A....................................rep No 128, 2006
cc 20A, 20B ...................................ad No 108, 2000
rep No 128, 2006
Division 2
c 21 ................................................ad No 108, 2000
am No 92, 2001; No 45, 2005; No 8, 2010; No 46, 2011; No 10, 2015;
No 126, 2015
cc 22, 23.........................................ad No 108, 2000
c 23A .............................................ad No 108, 2000
Division 2A
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;
No 31, 2014; No 14, 2016; No 7, 2018
c 24A .............................................ad No 68, 2007
rep No 14, 2016
c 25 ................................................ad No 108, 2000
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; No 46, 2011; No 10, 2015; No 126, 2015
Division 4
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Division 4 heading.........................am No 8, 2010
c 27A .............................................ad No 108, 2000
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
c 29 ................................................ad No 108, 2000
am No 45, 2005
rep No 22, 2015
c 30 ................................................ad No 108, 2000
am No 45, 2005; No 8, 2010
c 31 ................................................ad No 108, 2000
am No 45, 2005; No 10, 2015
c 32 ................................................ad No 108, 2000
am No 45, 2005
c 33 ................................................ad No 108, 2000
am No 45, 2005
c 34 ................................................ad No 108, 2000
am No 45, 2005
c 35 ................................................ad No 108, 2000
am No 8, 2010; No 31, 2014
c 35A .............................................ad No 23, 2001
Part 5
Part 5 heading ................................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; No 31, 2014
c 38 ................................................ad No 108, 2000
am No 45, 2005
rs No 109, 2014
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 6
Part 6 heading ................................rs No 23, 2001
cc 39, 40.........................................ad No 108, 2000
rep No 23, 2001
c 41 ................................................ad No 108, 2000
am No 23, 2001; 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
Division 1 heading.........................am No 51, 2013
c 49 ................................................ad No 108, 2000
am No 172, 2000: No 120, 2006; No 51, 2013; No 4, 2016
c 50 ................................................ad No 108, 2000
am No 172, 2000; No 45, 2005
rs No 120, 2006
c 51 ................................................ad No 108, 2000
am No 45, 2005
c 51A .............................................ad No 172, 2000
am No 22, 2015
Division 2
c 52 ................................................ad No 108, 2000
am No 128, 2006; No 68, 2007; No 4, 2016; No 14, 2016
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 52A .............................................ad No 120, 2006
am No 68, 2007; No 14, 2016
c 53 ................................................ad No 108, 2000
am No 45, 2005; No 120, 2006; No 4, 2016
c 54 ................................................ad No 108, 2000
am No 45, 2005; No 128, 2006 (as am by No 73, 2008); No 68, 2007;
No 14, 2016
c 55 ................................................ad No 108, 2000
am No 45, 2005
c 56 ................................................ad No 108, 2000
c 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; No 25, 2015
c 2 ..................................................ad No 124, 2007
am No 124, 2007; No 8, 2010; No 126, 2015
c 3 ..................................................ad No 124, 2007
c 4 ..................................................ad No 124, 2007
am No 126, 2015
c 5 ..................................................ad No 124, 2007
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 6 ..................................................ad No 124, 2007
c 7 ..................................................ad No 124, 2007
c 8 ..................................................ad No 124, 2007
c 9 ..................................................ad No 124, 2007
c 9A ...............................................ad No 124, 2007
ed C90
c 10 ................................................ad No 124, 2007
c 11 ................................................ad No 124, 2007
c 12 ................................................ad No 124, 2007
c 13 ................................................ad No 124, 2007
c 14 ................................................ad No 124, 2007
am No 25, 2015; No 126, 2015
c 15 ................................................ad No 124, 2007
c 16 ................................................ad No 124, 2007
c 17 ................................................ad No 124, 2007
c 18 ................................................ad No 124, 2007
c 19 ................................................ad No 124, 2007
Part 2
Division 1
cc 20, 21.........................................ad No 124, 2007
Division 2
c 22 ................................................ad No 124, 2007
am No 25, 2015
c 23 ................................................ad No 124, 2007
c 24 ................................................ad No 124, 2007
c 25 ................................................ad No 124, 2007
c 26 ................................................ad No 124, 2007
c 27 ................................................ad No 124, 2007
am No 46, 2011
Division 3
c 28 ................................................ad No 124, 2007
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 99, 2014; No 25, 2015
ed C90
c 29 ................................................ad No 124, 2007
am No 25, 2015
Division 4
Subdivision A
c 30 ................................................ad No 124, 2007
am No 103, 2012; No 25, 2015
c 31 ................................................ad No 124, 2007
am No 46, 2011; No 25, 2015
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
Part 3 heading ................................am No 25, 2015
Division 1
Division 1 heading.........................am No 25, 2015
c 37 ................................................ad No 124, 2007
am No 25, 2015
c 38 ................................................ad No 124, 2007
am No 25, 2015
c 39 ................................................ad No 124, 2007
am No 25, 2015
c 40 ................................................ad No 124, 2007
am No 25, 2015
c 41 ................................................ad No 124, 2007
c 42 ................................................ad No 124, 2007
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 25, 2015
Division 2
Division 2 heading.........................am No 25, 2015
c 43 ................................................ad No 124, 2007
rep No 109, 2014
c 44 ................................................ad No 124, 2007
am No 109, 2014; No 25, 2015
c 45 ................................................ad No 124, 2007
am No 25, 2015
c 46 ................................................ad No 124, 2007
am No 25, 2015
Division 3
c 47 ................................................ad No 124, 2007
am No 25, 2015
c 48 ................................................ad No 124, 2007
am No 25, 2015
c 49 ................................................ad No 124, 2007
am No 25, 2015
c 50 ................................................ad No 124, 2007
am No 25, 2015
c 51 ................................................ad No 124, 2007
am No 25, 2015
c 52 ................................................ad No 124, 2007
am No 25, 2015
c 53 ................................................ad No 124, 2007
c 54 ................................................ad No 124, 2007
c 55 ................................................ad No 124, 2007
am No 8, 2010; No 46, 2011
Division 4
c 56 ................................................ad No 124, 2007
am No 25, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 57 ................................................ad No 124, 2007
am No 25, 2015
c 58 ................................................ad No 124, 2007
am No 25, 2015
c 59 ................................................ad No 124, 2007
am No 25, 2015
c 59A .............................................ad No 124, 2007
am No 25, 2015
c 60 ................................................ad No 124, 2007
c 61 ................................................ad No 124, 2007
Division 5
c 62 ................................................ad No 124, 2007
am No 25, 2015
c 63 ................................................ad No 124, 2007
am No 25, 2015
c 64 ................................................ad No 124, 2007
am No 25, 2015
c 65 ................................................ad No 124, 2007
am No 25, 2015
c 66 ................................................ad No 124, 2007
am No 25, 2015
c 67 ................................................ad No 124, 2007
am No 25, 2015
c 68 ................................................ad No 124, 2007
Division 6
c 69 ................................................ad No 124, 2007
am No 25, 2015
c 70 ................................................ad No 124, 2007
am No 25, 2015
c 71 ................................................ad No 124, 2007
am No 25, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 72 ................................................ad No 124, 2007
am No 25, 2015
c 73 ................................................ad No 124, 2007
am No 25, 2015
Part 4
Division 1
c 73 ................................................ad No 124, 2007
Division 2
cc 74–79.........................................ad No 124, 2007
Division 3
c 80 ................................................ad No 124, 2007
am No 25, 2015
c 81 ................................................ad No 124, 2007
c 82 ................................................ad No 124, 2007
am No 25, 2015
c 83 ................................................ad No 124, 2007
c 84 ................................................ad No 124, 2007
Division 4
c 85 ................................................ad No 124, 2007
am No 25, 2015
c 86 ................................................ad No 124, 2007
am No 25, 2015
c 87 ................................................ad No 124, 2007
am No 8, 2010; No 25, 2015
c 88 ................................................ad No 124, 2007
c 89 ................................................ad No 124, 2007
am No 25, 2015
c 90 ................................................ad No 124, 2007
am No 25, 2015
Division 5
c 91 ................................................ad No 124, 2007
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Authorised Version C2018C00241 registered 20/06/2018
Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 25, 2015
c 92 ................................................ad No 124, 2007
am No 25, 2015
c 93 ................................................ad No 124, 2007
am No 25, 2015
c 94 ................................................ad No 124, 2007
am No 25, 2015
c 95 ................................................ad No 124, 2007
c 96 ................................................ad No 124, 2007
am No 25, 2015
c 97 ................................................ad No 124, 2007
am No 25, 2015
c 98 ................................................ad No 124, 2007
am No 25, 2015
c 99 ................................................ad No 124, 2007
am No 8, 2010; No 25, 2015
c 100 ..............................................ad No 124, 2007
am No 25, 2015
Division 6
c 101 ..............................................ad No 124, 2007
am No 8, 2010; No 25, 2015
Division 7
c 102 ..............................................ad No 124, 2007
c 103 ..............................................ad No 124, 2007
Part 5
c 104 ..............................................ad No 124, 2007
am No 25, 2015
c 105 ..............................................ad No 124, 2007
Part 6
c 106 ..............................................ad No 124, 2007
c 107 ..............................................ad No 124, 2007
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 108 ..............................................ad No 124, 2007
am No 25, 2015
c 109 ..............................................ad No 124, 2007
am No 25, 2015
c 110 ..............................................ad No 124, 2007
am No 25, 2015
Part 7
c 111 ..............................................ad No 124, 2007
c 112 ..............................................ad No 124, 2007
am No 25, 2015; No 51, 2017
Part 8
c 113 ..............................................ad No 124, 2007
am No 25, 2015
Part 9
c 114 ..............................................ad No 124, 2007
am No 25, 2015
c 115 ..............................................ad No 124, 2007
am No 25, 2015
c 116 ..............................................ad No 124, 2007
am No 25, 2015
c 117 ..............................................ad No 124, 2007
c 117A ...........................................ad No 124, 2007
c118 ...............................................ad No 124, 2007
rep No 109, 2014
c 119 ..............................................ad No 124, 2007
c 120 ..............................................ad No 124, 2007
c 121 ..............................................ad No 124, 2007
c 122 ..............................................ad No 124, 2007
c 123 ..............................................ad No 124, 2007
am No 59, 2015
Schedule 8
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Schedule 8......................................ad No 28, 2018
Part 1
c 1 ..................................................ad No 28, 2018
c 2 ..................................................ad No 28, 2018
c 3 ..................................................ad No 28, 2018
c 4 ..................................................ad No 28, 2018
c 5 ..................................................ad No 28, 2018
c 6 ..................................................ad No 28, 2018
c 7 ..................................................ad No 28, 2018
c 8 ..................................................ad No 28, 2018
c 9 ..................................................ad No 28, 2018
c 10 ................................................ad No 28, 2018
Part 2
c 11 ................................................ad No 28, 2018
c 12 ................................................ad No 28, 2018
Part 3
Division 1
c 13 ................................................ad No 28, 2018
c 14 ................................................ad No 28, 2018
c 15 ................................................ad No 28, 2018
c 16 ................................................ad No 28, 2018
Division 2
c 17 ................................................ad No 28, 2018
c 18 ................................................ad No 28, 2018
c 19 ................................................ad No 28, 2018
c 20 ................................................ad No 28, 2018
c 21 ................................................ad No 28, 2018
c 22 ................................................ad No 28, 2018
c 23 ................................................ad No 28, 2018
Part 4
c 24 ................................................ad No 28, 2018
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 5
c 25 ................................................ad No 28, 2018
c 26 ................................................ad No 28, 2018
Part 6
c 27 ................................................ad No 28, 2018
c 28 ................................................ad No 28, 2018
c 29 ................................................ad No 28, 2018
c 30 ................................................ad No 28, 2018
c 31 ................................................ad No 28, 2018
c 32 ................................................ad No 28, 2018
c 33 ................................................ad No 28, 2018
c 34 ................................................ad No 28, 2018
c 35 ................................................ad No 28, 2018
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