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Broadcasting Services Act 1992
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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C2013C00005
01 January 2013
-
30 March 2013
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Volume 1
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Objects of this Act
4 Regulatory policy
5 Role of the ACMA
6 Interpretation
7 Interpretation—meaning of control
8 Interpretation—shareholding interests, voting interests, dividend interests and winding up interests
8A Captioning taken to be part of program
8AA Designated community radio broadcasting licence
8AB Digital program enhancement content taken to be a radio program
8AC Digital radio start up day
8AD Deemed radio broadcasting licence areas
8AE Final digital television switch over day
8AF Regional racing service radio licence
8B Remote Indigenous community
9 Act to bind the Crown
10 Extension of Act to the external Territories
10A Application of the Criminal Code
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Part 2—Categories of broadcasting services
11 Categories of broadcasting services
11A Dual categorisation of international broadcasting services
12 Method of regulating particular services
13 National broadcasting services
14 Commercial broadcasting services
15 Community broadcasting services
16 Subscription broadcasting services
17 Subscription narrowcasting services
18 Open narrowcasting services
18A International broadcasting services
19 ACMA may determine additional criteria or clarify existing criteria
20 Determinations and clarifications to be disallowable by the Parliament
21 Requests to ACMA to decide which category a broadcasting service falls into
22 Matters to be considered by ACMA
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Part 3—Planning of the broadcasting services bands
23 Planning criteria
24 ACMA to determine priorities
25 Preparation of frequency allotment plans
26 Preparation of licence area plans
26A Licence area plans—multi channelled commercial television broadcasting services
26AA Compliance with television licence area plan
26B Licence area plans—multi channelled national television broadcasting services
26C Licence area plans not required to deal with certain digital radio broadcasting services
26D Licence area plans—how digital radio broadcasting services may be dealt with
27 Processes to be public
29 Designation of licence areas
30 ACMA may determine population figures
31 Minister may reserve capacity for national broadcasters or community broadcasters
32 Reservations to be disallowable by the Parliament
33 Development of technical planning guidelines
34 Alternative uses of broadcasting services bands
35 Notification of decisions under this Part
35A Reviews relating to the uses of broadcasting services bands spectrum
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Part 4—Commercial television broadcasting licences and commercial radio broadcasting licences
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Division 1—Allocation of licences
35B Allocation of new commercial television broadcasting licences
35C Digital radio moratorium
35D Exception to the digital radio moratorium—failure to provide a digital commercial radio broadcasting service
36 ACMA to determine system for allocating licences
36A Commercial radio broadcasting licences to provide analog or digital commercial radio broadcasting services
37 When licences must not be allocated
38 ACMA to advertise for applications for certain licences
38A Additional commercial television licences in single markets
38B Additional commercial television licences in 2 station markets
38C Commercial television broadcasting licences—services provided with the use of a satellite
39 Additional commercial radio licences in single markets
40 Allocation of other licences
41 When persons are regarded as suitable
Division 2—Services authorised by licences
41A Services authorised by commercial television broadcasting licences before 1 January 2009
41B Services authorised by commercial television broadcasting licences during so much of the simulcast period etc. as occurs on or after 1 January 2009
41C Services authorised by commercial television broadcasting licences after the end of the simulcast period etc.
41CA Services authorised by commercial television broadcasting licences allocated under section 38C
41D Services authorised by commercial radio broadcasting licences
Division 3—Licence conditions
42 Conditions of commercial broadcasting licences
43 ACMA may impose additional conditions
43A Material of local significance—regional aggregated commercial television broadcasting licences
43AA Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees
43AB Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees
43AC Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees
43AD Compensation for acquisition of property
43B Local presence—regional commercial radio broadcasting licences
43C Local content—regional commercial radio broadcasting licences
43D Special licence conditions relating to digital radio commercial broadcasting services
44 Matters to which conditions may relate
Division 4—General provisions
45 Duration of licences
46 Applications for renewal
47 ACMA to renew licences unless it is aware of special circumstances
48 Transfer of commercial broadcasting licences
49 Surrender of commercial broadcasting licences
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Part 5—Control of commercial broadcasting licences and datacasting transmitter licences
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Division 1—Preliminary
50A This Part does not apply in relation to licences allocated under section 38C or subsection 40(1)
50 Interpretation—knowledge of company
51 Means of dealing with overlapping licence areas
51A This Part does not apply to certain channel B datacasting transmitter licences
52 Changes in licence area populations not to put persons in breach of this Part
52A Newspapers—additional constitutional basis
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Division 2—Limitation on control
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Subdivision A—Commercial broadcasting licences
53 Limitation on control of commercial television broadcasting licences
54 Limitation on control of commercial radio broadcasting licences
Subdivision B—Commercial television broadcasting licences and datacasting transmitter licences
54A Limitation on control of commercial television broadcasting licences and datacasting transmitter licences
Subdivision C—Commercial radio broadcasting licences and restricted datacasting licences
54B Limitation on control of commercial radio broadcasting licences and restricted datacasting licences during the digital radio moratorium period
Division 3—Limitation on directorships
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Subdivision A—Television and radio
55 Limitation on numbers of directorships—television
56 Limitation on numbers of directorships—radio
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Subdivision B—Television and datacasting
56A Limitation on directorships—television and datacasting
Division 5—Newspapers associated with licence areas
59 Newspapers associated with commercial television or radio broadcasting licence areas
Division 5A—Media diversity
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Subdivision A—Introduction
61AA Definitions
61AB Unacceptable media diversity situation
61AC Points
61AD Statutory control rules
61AE Shared content test
61AEA Unacceptable 3 way control situation
61AF Overlapping licence areas
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Subdivision B—Prohibition of transactions that result in an unacceptable media diversity situation coming into existence etc.
61AG Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—offence
61AH Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—civil penalty
61AJ Prior approval of transactions that result in an unacceptable media diversity situation coming into existence etc.
61AK Extension of time for compliance with prior approval notice
61AL Breach of prior approval notice—offence
61AM Breach of prior approval notice—civil penalty
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Subdivision BA—Prohibition of transactions that result in an unacceptable 3 way control situation coming into existence etc.
61AMA Prohibition of transactions that result in an unacceptable 3 way control situation coming into existence—offence
61AMB Prohibition of transactions that result in an unacceptable 3 way control situation coming into existence—civil penalty
61AMC Prior approval of transactions that result in an unacceptable 3 way control situation coming into existence etc.
61AMD Extension of time for compliance with prior approval notice
61AME Breach of prior approval notice—offence
61AMF Breach of prior approval notice—civil penalty
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Subdivision C—Remedial directions
61AN Remedial directions—unacceptable media diversity situation
61ANA Remedial directions—unacceptable 3 way control situation
61AP Extension of time for compliance with remedial direction
61AQ Breach of remedial direction—offence
61AR Breach of remedial direction—civil penalty
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Subdivision D—Enforceable undertakings
61AS Acceptance of undertakings
61AT Enforcement of undertakings
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Subdivision E—Register of Controlled Media Groups
61AU Register of Controlled Media Groups
61AV How a media group is to be entered in the Register
61AW Explanatory notes may be included in the Register
61AX Continuity of media group
61AY Initial registration of media groups
61AZ Registration of newly formed media group
61AZA De registration of media group that has ceased to exist
61AZB Registration of change of controller of registered media group
61AZC Registration of change of composition of media group
61AZCA ACMA must deal with notifications in order of receipt
61AZD Conditional transactions
61AZE Review and confirmation of entries and alterations etc.
61AZF Reconsideration of decisions
61AZG Corrections of clerical errors or obvious defects
61AZH Regulations
Division 5B—Disclosure of cross media relationships
61BA Definitions
61BB Disclosure of cross media relationship by commercial television broadcasting licensee
61BC Choice of disclosure method—commercial radio broadcasting licensee
61BD Disclosure of cross media relationship by commercial radio broadcasting licensee—business affairs disclosure method
61BE Disclosure of cross media relationship by commercial radio broadcasting licensee—regular disclosure method
61BF Disclosure of cross media relationship by publisher of newspaper
61BG Exception—political communication
61BH Matter or material about the business affairs of a broadcasting licensee or newspaper publisher
Division 5C—Local news and information requirements for regional commercial radio broadcasting licensees
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Subdivision A—Introduction
61CA Definitions
61CAA This Division does not apply in relation to certain licences
61CB Trigger event
61CC What is local?
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Subdivision B—Minimum service standards for local news and information
61CD Licensee must meet minimum service standards for local news and information
61CE Minimum service standards for local news and information
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Subdivision C—Local content plans
61CF Licensee must submit draft local content plan to the ACMA
61CG Content of draft or approved local content plan
61CH Approval of draft local content plan
61CJ Register of approved local content plans
61CK Approved local content plan must be varied if minimum service standards are imposed or increased
61CL Approved local content plan may be varied by the licensee
61CM Approval of draft variation
61CN ACMA may review approved local content plan
61CP Compliance with approved local content plan
61CPA Licensee must submit annual compliance report
61CQ Minister may direct the ACMA about the exercise of its powers
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Subdivision D—Other local content requirements
61CR Minister may direct the ACMA to conduct an investigation about other local content requirements
61CS Minister may direct the ACMA to impose licence conditions relating to local content
61CT Regular reviews of local content requirements
Division 6—Notification provisions
62 Requirement to notify control and directorships
63 Requirement to notify changes in control
64 Person who obtains control of a licence or newspaper must notify the ACMA
65 Requirement to notify control and directorships as at 1 February 2007
65A Strict liability offences
65B Designated infringement notice provisions
Division 7—Approval of temporary breaches
66 Offence for breaches without approval
67 Applications for prior approval of temporary breaches
68 Extension of time for compliance with notice
69 Breach of notice under section 67 to constitute an offence
Division 8—Action by the ACMA
70 Notices by the ACMA
71 Extension of time for compliance with notice
72 Breach of notice under section 70 to constitute an offence
Division 9—Special provision for small markets
73 Additional licence under section 38A not to result in breach of ownership limits
73A Additional licence allocated under section 38B not to result in breach of control rules
Division 10—Prior opinions by the ACMA
74 Requests to ACMA to give an opinion on whether a person is in a position to control a licence, a newspaper or a company
Division 11—Miscellaneous
75 Register of matters under this Part
76 Continuing offences
77 Part has effect notwithstanding Competition and Consumer Act
78 Part not to invalidate appointments
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Part 6—Community broadcasting licences
79 Interpretation
79A Application
80 ACMA to advertise for applications for BSB community broadcasting licences
81 When licences must not be allocated
82 Other community broadcasting licences
83 When persons are regarded as suitable
84 Allocation of community broadcasting licences
84A Designated community radio broadcasting licences to provide analog or digital services
85 ACMA not required to allocate community broadcasting licence to any applicant
85A Services authorised by designated community radio broadcasting licences
86 Conditions of community broadcasting licences
87 ACMA may impose additional conditions on community broadcasting licences
87A Additional conditions on CTV licences
87B Special licence condition relating to digital community radio broadcasting services
88 Matters to which conditions may relate
89 Duration of community broadcasting licences
90 Applications for renewal of community broadcasting licences
91 ACMA may renew community broadcasting licences
91A Transfer of community broadcasting licences
92 Surrender of community broadcasting licences
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Part 6A—Temporary community broadcasting licences
92A Interpretation
92B Temporary community broadcasting licences
92C Applicants for temporary community broadcasting licences
92D When applicants and licensees are regarded as suitable
92E Criteria for deciding whether to allocate a licence
92F Licences to accord with alternative planning procedures
92G Licence area, timing conditions and licence period
92H Conditions of temporary community broadcasting licences
92J ACMA may vary conditions or periods, or impose new conditions
92K Duration of temporary community broadcasting licences
92L Surrender of temporary community broadcasting licences
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Part 7—Subscription television broadcasting services
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Division 1—Allocation of subscription television broadcasting licences
95 When subscription television broadcasting licence must not be allocated
96 Allocation of other subscription television broadcasting licences
97 Requests to Australian Competition and Consumer Commission
98 Suitability for allocation of licence
98D Compensation
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Division 2—Conditions of subscription television broadcasting licence
99 Conditions applicable to subscription television broadcasting licence
100 Matters to which conditions may relate
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Division 2A—Eligible drama expenditure
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Subdivision A—Introduction
103A Simplified outline
103B Definitions
103C Channel providers
103D Part channel providers
103E Pass through providers
103F Part pass through providers
103G Supply of channel or package
103H Non designated pre production expenditure not to be counted unless principal photography has commenced
103J Cash based accounting—when expenditure is incurred
103JA When designated script development expenditure is incurred in relation to an eligible drama program etc.
103K When expenditure incurred on a new eligible drama program
103L ACMA may make determinations about what constitutes program expenditure
103M Expenditure to be nominated only once in meeting licence conditions
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Subdivision B—Channel provider supplies channel
103N 10% minimum eligible drama expenditure—channel provider supplies channel
103NA Carry forward eligible drama expenditure
103P Shortfall of eligible drama expenditure—channel provider supplies channel exclusively to licensee
103Q Shortfall of eligible drama expenditure—channel provider supplies channel to multiple licensees
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Subdivision C—Pass through provider supplies channel
103R 10% minimum eligible drama expenditure—pass through provider supplies channel
103RA Carry forward eligible drama expenditure
103S Shortfall of eligible drama expenditure—pass through provider supplies channel
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Subdivision D—Licensee supplies all program material
103T 10% minimum eligible drama expenditure—licensee supplies all program material
103TA Carry forward eligible drama expenditure
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Subdivision E—Part channel provider supplies package of programs
103U 10% minimum eligible drama expenditure—part channel provider supplies package of programs
103UA Carry forward eligible drama expenditure
103V Shortfall of eligible drama expenditure—part channel provider supplies a package of programs exclusively to licensee
103W Shortfall of eligible drama expenditure—part channel provider supplies a package of programs to multiple licensees
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Subdivision F—Part pass through provider supplies package of programs
103X 10% minimum eligible drama expenditure—part pass through provider supplies package of programs
103XA Carry forward eligible drama expenditure
103Y Shortfall of eligible drama expenditure—part pass through provider supplies package of programs
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Subdivision G—Licensee supplies part of program material
103Z 10% minimum eligible drama expenditure—licensee supplies part of program material
103ZAA Carry forward eligible drama expenditure
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Subdivision H—Annual returns
103ZA Licensee to lodge annual return
103ZB Channel provider and part channel provider to lodge annual return
103ZC ACMA may inquire into the correctness of an annual return
103ZD Nominations to be attached to annual returns
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Subdivision I—Compliance certificates
103ZE ACMA to issue compliance certificate
103ZF Compliance certificate to be prima facie evidence
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Subdivision J—Miscellaneous
103ZG Anti avoidance—transactions between persons not at arm’s length
103ZH Expenditure to be expressed in Australian currency
103ZJ Review before 31 March 2003
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Division 6—Miscellaneous
113 Transfer of subscription television broadcasting licence
114 Surrender of subscription television broadcasting licence
115 Minister may protect the free availability of certain types of programs
115A Review of anti siphoning provisions
116 Certain arrangements not to result in control or in persons being associates
116A Use of additional capacity
116B Application of section 51 of the Competition and Consumer Act
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Part 8—Subscription broadcasting and narrowcasting class licences
117 Determination of class licences
118 Conditions of class licences
119 Matters to which conditions may relate
120 Variation of class licences
121 Class licences and variations to be disallowable by the Parliament
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Part 8A—Restrictions on subscription television broadcasting services in regional areas etc.
121A Simplified outline
121B Definitions
121C Identical program items
121D Continuity of program items
121E ACMA permission is required to provide certain television services in regional areas
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Part 8B—International broadcasting licences
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Division 1—Introduction
121F Simplified outline
121FAA Definitions
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Division 2—Allocation of international broadcasting licences
121FA Application for international broadcasting licence
121FB Corporate status and suitability
121FC Unsuitable applicant
121FD Australia’s national interest
121FE Allocation of licence
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Division 3—Obligations of international broadcasting licensees
121FF Conditions of international broadcasting licences
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Division 4—Remedies
121FG Prohibition on providing an international broadcasting service without a licence
121FH Remedial directions—unlicensed international broadcasting services
121FHA Breach of remedial direction—offence
121FHB Breach of remedial direction—civil penalty provision
121FJ Offence for breach of conditions of international broadcasting licence
121FJA Civil penalty provision relating to breach of conditions of international broadcasting licences
121FJB Remedial directions—licence conditions
121FJC Breach of remedial direction—offence
121FJD Breach of remedial direction—civil penalty provision
121FK Cancellation of licence if service does not commence within 2 years
121FL Formal warning, or cancellation or suspension of licence, where service is contrary to Australia’s national interest
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Division 4A—Nominated broadcaster declarations
121FLA Object of this Division
121FLB Applications for nominated broadcaster declarations
121FLC Making a nominated broadcaster declaration
121FLD Effect of nominated broadcaster declaration
121FLE Conditions of nominated broadcaster declarations
121FLF Offence for breach of conditions of nominated broadcaster declaration
121FLG Revocation of nominated broadcaster declaration
121FLH Cancellation of licence if declaration ceases to be in force and licensee is not an Australian company
121FLJ Register of nominated broadcaster declarations
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Division 5—ACMA to assist the Minister for Foreign Affairs
121FM Report about compliance with international broadcasting guidelines
121FN Records of broadcasts
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Division 6—Miscellaneous
121FP International broadcasting guidelines
121FQ Surrender of international broadcasting licences
121FR Complaints about international broadcasting services
121FS Statements about decisions of the Minister for Foreign Affairs
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Part 9—Program standards
122 Program standards for children’s programs and Australian content
123 Development of codes of practice
123A Review by the ACMA
123B Review by the ACMA—application of code of practice to section 38C licences
124 ACMA to maintain Register of codes of practice
125 ACMA may determine program standards where codes of practice fail or where no code of practice developed
126 Consultation on standards
127 Notification of determination or variation or revocation of standards
128 Standards and codes to be amendable by the Parliament
129 Limitation of ACMA’s power in relation to standards
130 Application of the Competition and Consumer Act
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Part 9A—Technical standards
130A Technical standards for digital transmission—television etc.
130AA Technical standards for digital transmission—radio etc.
130AB Technical standards relating to the operation of multiplex transmitters
130AC Technical standards for digital transmission of television services provided with the use of a satellite
130B Technical standards for domestic digital reception equipment—television etc.
130BA Technical standards for domestic digital reception equipment—radio etc.
130BB Technical standards for domestic digital reception equipment—television services provided with the use of a satellite
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Part 9B—Industry codes and industry standards
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Division 1—Simplified outline
130C Simplified outline
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Division 2—Interpretation
130D Industry codes
130E Industry standards
130F Industry activities
130G Sections of the industry
130H Participants in a section of the industry
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Division 3—General principles relating to industry codes and industry standards
130J Statement of regulatory policy
130K Examples of matters that may be dealt with by industry codes and industry standards
130L Industry codes and industry standards not to deal with certain matters
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Division 4—Industry codes
130M Registration of industry codes
130N ACMA may request codes
130P Publication of notice where no body or association represents a section of the industry
130Q Replacement of industry codes
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Division 5—Industry standards
130R ACMA may determine an industry standard if a request for an industry code is not complied with
130S ACMA may determine industry standard where no industry body or association formed
130T ACMA may determine industry standards—total failure of industry codes
130U ACMA may determine industry standards—partial failure of industry codes
130V Compliance with industry standards
130W Formal warnings—breach of industry standards
130X Variation of industry standards
130Y Revocation of industry standards
130Z Public consultation on industry standards
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Division 6—Register of industry codes and industry standards
130ZA ACMA to maintain Register of industry codes and industry standards
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Part 9C—Access to commercial television broadcasting services provided with the use of a satellite
130ZBA Simplified outline
130ZB Objectives of conditional access scheme—South Eastern Australia TV3 licence area and Northern Australia TV3 licence area
130ZBB Objectives of conditional access scheme—Western Australia TV3 licence area
130ZBC Publishing details of open access areas on the ACMA’s website
130ZC Registration of conditional access scheme developed by representative body or association
130ZCAA ACMA may invite representative body or association to develop a revised conditional access scheme
130ZCAB ACMA may request development of replacement conditional access scheme
130ZCA Registration of conditional access scheme formulated by the ACMA
130ZD Replacement of conditional access scheme
130ZE ACMA to maintain register of conditional access schemes
130ZEA ACMA to maintain register of designated digital service days
130ZF ACMA may direct a scheme administrator to issue a reception certificate etc.
130ZFA Adequate reception
130ZG Applicable terrestrial digital commercial television broadcasting services
130ZH Declared service deficient areas
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Part 9D—Captioning
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Division 1—Introduction
130ZJ Simplified outline
130ZK Definitions
130ZL Designated viewing hours
130ZM This Part does not apply to foreign language programs
130ZN This Part does not apply to programs that consist wholly of music
130ZO Captioning service provided for part of program
130ZP Multiple subscription television services provided by licensee
130ZQ Television service provided in a period
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Division 2—Captioning obligations of commercial television broadcasting licensees and national broadcasters
130ZR Captioning obligations—basic rule
130ZS Captioning obligations—special rules for multi channelled services
130ZT Annual captioning targets for 2012 13 and 2013 14—commercial television broadcasting licensees
130ZU Annual captioning targets for 2012 13 and 2013 14—national broadcasters
130ZUA Exemption orders and target reduction orders—unjustifiable hardship
130ZUAA Effect of target reduction order
130ZUB Certain breaches to be disregarded
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Division 3—Captioning obligations of subscription television licensees
130ZV Annual captioning targets—subscription television licensees
130ZVA Categories for subscription television movie services
130ZW Categories for subscription television general entertainment services
130ZX Exemptions—certain subscription television services provided before 1 July 2022
130ZY Exemption orders and target reduction orders—unjustifiable hardship
130ZYA Effect of target reduction order
130ZZ Captioning services for repeats of television programs
130ZZAA Captioning services for simultaneously transmitted television programs
130ZZAB Certain breaches to be disregarded
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Division 4—Captioning standards
130ZZA Captioning standards
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Division 5—Emergency warnings
130ZZB Emergency warnings
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Division 6—Reports and record keeping
130ZZC Annual compliance reports
130ZZD Record keeping
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Division 7—Review of this Part etc.
130ZZE Review of this Part etc.
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Part 10—Remedies for breaches of licensing provisions
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Division 1—Offences for providing unlicensed services
131 Prohibition on providing a commercial television broadcasting service without a licence
132 Prohibition on providing a subscription television broadcasting service without a licence
133 Prohibition on providing a commercial radio broadcasting service without a licence
134 Prohibition on providing a community television broadcasting service without a licence
135 Prohibition on providing a community radio broadcasting service without a licence
136 Continuing offences
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Division 1A—Civil penalty provisions relating to unlicensed services
136A Prohibition on providing a commercial television broadcasting service without a licence
136B Prohibition on providing a subscription television broadcasting service without a licence
136C Prohibition on providing a commercial radio broadcasting service without a licence
136D Prohibition on providing a community television broadcasting service without a licence
136E Prohibition on providing a community radio broadcasting service without a licence
136F Continuing breaches
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Division 2—Action by ACMA where a person provides a service without a licence
137 Remedial directions—unlicensed services
138 Breach of remedial direction—offences
138A Breach of remedial direction—civil penalty provision
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Division 3—Action in relation to breaches by licensees
139 Offence for breach of conditions of licences and class licences
140 Continuing offences
140A Civil penalty provisions relating to breach of conditions of licences and class licences
141 Remedial directions—licence conditions, class licences and codes of practice
142 Breach of remedial direction—offences
142A Breach of remedial direction—civil penalty provision
143 Suspension and cancellation
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Division 4—Action in relation to class licences
144 Application to Federal Court
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Part 10A—Anti hoarding rules
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Division 1—Introduction
146A Simplified outline
146B Definitions
146C Designated events and designated series of events
146CA When event or series is eligible for delayed televising in the Central Western time zones
146D Program suppliers
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Division 2—Commercial television broadcasting licensees
146E Anti hoarding rule—licensees
146F Anti hoarding rule—program suppliers
146G What constitutes an offer to transfer rights to televise live events
146H Offers to transfer rights to televise live events
146J Contracts to acquire rights to televise live events must authorise the transfer of the rights
146K Simultaneous events in a series
146KA Delayed televising in the Central Western time zones
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Division 3—National broadcasters
146L Anti hoarding rule
146M What constitutes an offer to transfer rights to televise live events
146N Offers to transfer rights to televise live events
146P Contracts to acquire rights to televise live events must authorise the transfer of the rights
146Q Simultaneous events in a series
146R Delayed televising in the Central Western time zones
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Division 4—Review of anti hoarding provisions
146S Review of anti hoarding provisions
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Part 11—Complaints to the ACMA
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Division 1—Complaints relating to action under licences and class licences
147 Complaints relating to offences or breach of licence conditions
148 Complaints under codes of practice
149 Investigation of complaints by the ACMA
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Division 2—Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS
150 Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS
151 Investigation of complaints relating to the ABC or SBS by the ACMA
152 Action by ACMA where complaint justified
153 ACMA may report to Minister on results of recommendation
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Part 13—Information gathering by the ACMA
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Division 1—Introduction
168 Obtaining of information by the ACMA
169 Decision making by the ACMA not limited to matters discovered by investigation or hearing
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Division 2—Investigations
170 Investigations by the ACMA
171 Minister may direct ACMA to conduct an investigation
172 ACMA may call for written submissions from the public
173 Notice requiring appearance for examination
174 Examination on oath or affirmation
175 Examination to take place in private
176 Record to be made of examination
177 Production of documents for inspection
178 Report on investigation
179 Publication of report
180 Person adversely affected by report to be given opportunity to comment
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Division 3—Hearings
182 Power to hold hearings
183 Minister may direct ACMA to hold a hearing
184 Procedure for conduct of hearings
185 ACMA may direct holding of conference
186 Hearings to be informal, quick and economical
187 Hearings to be in public except in exceptional cases
188 Public notice of hearings
189 Confidential material not to be published
190 Directions as to private hearings
191 Constitution of ACMA for conduct of hearings
192 Presiding member
193 Reconstitution of hearing panel
194 Exercise of powers in relation to conduct of hearing
195 Summons to give evidence or produce documents
196 Written submissions may be made to hearing
197 Evidence and submissions to be taken into account by ACMA
198 Representation at hearings
199 Reports on hearings
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Division 4—General
200 Protection of members and persons giving evidence
201 Protection of panel conducting hearing
202 Non compliance with requirement to give evidence
203 Proceedings for defamation not to lie
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Part 14—Appeals to the Administrative Appeals Tribunal
204 Appeals to the Administrative Appeals Tribunal
205 Notification of decisions to include notification of reasons and appeal rights
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Part 14A—Accounts and payment of licence fees
205A Definitions
205B Broadcasting licensees to keep accounts
205BA Datacasting transmitter licensees to keep accounts
205C Payment of licence fees
205D Penalty for unpaid licence fees
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Part 14B—Civil penalties
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Division 1—Ancillary contravention of civil penalty provision
205E Ancillary contravention of civil penalty provision
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Division 2—Civil penalty orders
205EA Simplified outline
205F Civil penalty orders
205G Who may apply for a civil penalty order
205H 2 or more proceedings may be heard together
205J Time limit for application for an order
205K Civil evidence and procedure rules for civil penalty orders
205L Civil proceedings after criminal proceedings
205M Criminal proceedings during civil proceedings
205N Criminal proceedings after civil proceedings
205P Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings
205PAA Mistake of fact
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Part 14C—Injunctions
205PA Simplified outline
205Q Injunctions
205R Interim injunctions
205S Discharge etc. of injunctions
205T Certain limits on granting injunctions not to apply
205U Other powers of the Federal Court unaffected
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Part 14D—Enforceable undertakings
205V Simplified outline
205W Acceptance of undertakings
205X Enforcement of undertakings
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Part 14E—Infringement notices
205XAA Simplified outline
205XA Formal warning
205Y When an infringement notice can be given
205Z Matters to be included in an infringement notice
205ZA Amount of penalty
205ZB Withdrawal of an infringement notice
205ZC What happens if the penalty is paid
205ZD Effect of this Part on criminal proceedings
205ZE Appointment of authorised infringement notice officer
205ZF Regulations
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Part 15—Miscellaneous
206 Broadcasting or datacasting taken to be publication in permanent form
207 Amounts of fees
209 Prosecutions
210 Publication of opinions
211 Service of notices
211AA Time when a television program is broadcast—certain terrestrial licence areas
211A Time when a television program is broadcast—South Eastern Australia TV3 and Northern Australia TV3 licence areas
212 Special provisions for re transmission of programs
212A Self help providers
212B Declared self help providers and excluded providers
213 Penalties for continuing offences
214 Procedure relating to continuing offences
215 Guidelines relating to ACMA’s enforcement powers etc.
215A Review—technologies for the transmission of digital radio broadcasting services and restricted datacasting services in regional licence areas etc.
215B Review—development and regulation of digital radio broadcasting services and restricted datacasting services
216 Ministerial consultative and advisory bodies
216A Schedule 4 (digital television broadcasting)
216B Schedule 5 (online services)
216C Schedule 6 (datacasting services)
216D Schedule 7 (content services)
217 Regulations
218 Channel sharing
Schedule 1—Control and ownership of company interests
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Part 1—Introduction
1 Control—general
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Part 2—When person is in a position to exercise control
2 When person is in a position to exercise control
3 When person is in a position to exercise control of a newspaper
4 Special provisions for authorised lenders
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Part 3—Deemed control
5 Explanation of examples
6 The 15% rule
7 Application of method through chain of companies
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Part 4—Tracing of ownership
8 Tracing of ownership
Schedule 2—Standard conditions
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Part 1—Interpretation
1 Definitions
2 Interpretation—certain things do not amount to broadcasting of advertisements
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Part 2—Special conditions
3 Broadcasting of political or controversial material
3A Broadcasting of election advertisements
4 Identification of certain political matter
5 Records of matter broadcast
6 Advertisements relating to medicines
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Part 3—Commercial television broadcasting licences
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Division 1—General
7 Conditions of commercial television broadcasting licences
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Division 2—Licences allocated under section 38C
7A Common conditions
7B Conditions about the provision of core/primary commercial television broadcasting services
7C Conditions about the provision of non core/primary commercial television broadcasting services
7D Condition about the provision of local news services
7E Exemption—provision of new commercial television broadcasting services not technically feasible
7F Exemption—commercial television broadcasting services with the same program content
7G Delay in commencement of new commercial television broadcasting services
7H Start dates for licence areas
7J Program content
7K SDTV multi channelled commercial television broadcasting service
7L Definitions
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Part 4—Commercial radio broadcasting licences
8 Standard conditions of commercial radio broadcasting licences
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Part 5—Community broadcasting licences
9 Conditions applicable to services provided under community broadcasting licences
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Part 6—Subscription television broadcasting licences
10 Conditions applicable to subscription television broadcasting licences
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Part 7—Services provided under class licences
11 Conditions applicable to broadcasting services provided under class licences
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Volume 2
Schedule 4—Digital television broadcasting
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Part 1—Introduction
1 Simplified outline
2 Definitions
3 Analog mode
4 Digital mode
4A HDTV digital mode
4B SDTV digital mode
4C Simulcast equivalent period for a licence area
4D Simulcast equivalent period for a coverage area
5 Remote licence area
5A SDTV multi channelled commercial television broadcasting service
5B HDTV multi channelled commercial television broadcasting service
5C SDTV multi channelled national television broadcasting service
5D HDTV multi channelled national television broadcasting service
5E Designated HDTV multi channelled national television broadcasting service
5F Local market areas and digital only local market areas
5H Reports on transmission blackspots
5J Overlapping coverage areas
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Part 2—Commercial television
6 Commercial television conversion scheme
6A Determination of simulcast period—metropolitan and regional licence areas
6B Determination of simulcast period—remote licence areas
7 Scheme may confer administrative powers on the ACMA
7A Scheme may confer power to make digital channel plans
7AA Allotment of channels after the television licence area plan comes into force
7B Revocation of multi channelling election
8 Transmitter licences
9 Submission of implementation plans to the ACMA
9A Areas exempt from digital transmission requirements—commercial television broadcasting licensees
10 Amendment of certain plans and guidelines
11 Reviews and reports
12 Ancillary or incidental provisions
13 ACMA to have regard to datacasting allocation power
14 ACMA to have regard to special circumstances that apply in remote licence areas
15 Minister may give directions to the ACMA
16 Variation of scheme
17 Scheme to be a disallowable instrument
18 Processes to be public
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Part 3—ABC/SBS television
19 National television conversion scheme
20 National broadcasters to give implementation plans to the Minister
21 Compliance with implementation plans
21A Areas exempt from digital transmission requirements—national broadcasters
22 Scheme may confer administrative powers on the ACMA
22A Scheme may confer power to make digital channel plans
22AA Allotment of channels after the television licence area plan comes into force
23 Transmitter licences
24 Amendment of certain plans and guidelines
25 Reviews and reports
26 Ancillary or incidental provisions
27 ACMA to have regard to datacasting allocation power
28 ACMA to have regard to special circumstances that apply in remote coverage areas
29 Minister may give directions to the ACMA
30 Variation of scheme
31 Scheme to be a disallowable instrument
32 Scheme does not take effect until approved by the Minister
33 Processes to be public
34 Compliance with scheme
35 Simulcasting requirements
35A Certain transmissions to be disregarded
35AA National broadcasters must provide HDTV multi channelled national television broadcasting service during simulcast period etc.
36 Digital transmitter not to be used to provide a subscription television broadcasting service etc.
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Part 4—Standards and HDTV quotas
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Division 2—HDTV quotas and standards
37DAA This Division does not apply in relation to section 38C licences
37DA This Division does not apply in relation to licences allocated under subsection 40(1)
37E Non remote areas—HDTV quotas for commercial television broadcasting licensees
37F Non remote areas—HDTV quotas for national broadcasters
37G Remote areas—HDTV quotas for commercial television broadcasting licensees
37H Remote areas—HDTV quotas for national broadcasters
37K Compliance by national broadcasters
37L High definition television programs
37M Prime viewing hours
Division 5—Miscellaneous
41 Standards may incorporate other instruments
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Part 4A—Restrictions on televising anti siphoning events
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Division 1—Commercial television broadcasting services
41A SDTV multi channelled commercial television broadcasting service—restrictions on televising anti siphoning events during the simulcast period if there is a core service etc.
41B SDTV multi channelled commercial television broadcasting service—restrictions on televising anti siphoning events during the simulcast period if there is a primary service etc.
41C HDTV multi channelled commercial television broadcasting service—restrictions on televising anti siphoning events during the simulcast period if there is a core service etc.
41D HDTV multi channelled commercial television broadcasting service—restrictions on televising anti siphoning events during the simulcast period if there is a primary service etc.
41E SDTV multi channelled commercial television broadcasting service—restrictions on televising anti siphoning events after the end of the simulcast period etc.
41F HDTV multi channelled commercial television broadcasting service—restrictions on televising anti siphoning events after the end of the simulcast period etc.
41FA SDTV multi channelled commercial television broadcasting service provided under a section 38C licence—restrictions on televising anti siphoning events
41FB HDTV multi channelled commercial television broadcasting service provided under a section 38C licence—restrictions on televising anti siphoning events
41G Primary commercial television broadcasting service
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Division 2—National television broadcasting services
41H SDTV multi channelled national television broadcasting service—restrictions on televising anti siphoning events during the simulcast period etc.
41J HDTV multi channelled national television broadcasting service—restrictions on televising anti siphoning events during the simulcast period etc.
41K SDTV multi channelled national television broadcasting service—restrictions on televising anti siphoning events after the end of the simulcast period etc.
41L HDTV multi channelled national television broadcasting service—restrictions on televising anti siphoning events after the end of the simulcast period etc.
41LA SDTV multi channelled national television broadcasting service provided with the use of a satellite—restrictions on televising anti siphoning events
41LB HDTV multi channelled national television broadcasting service provided with the use of a satellite—restrictions on televising anti siphoning events
41M Primary national television broadcasting service
41N Primary satellite national television broadcasting service
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Part 5—Transmitter access regime
42 Simplified outline
43 Definitions
43A Designated associated facilities
44 Extended meaning of access
45 Access to broadcasting transmission towers
45A Access to designated associated facilities
46 Access to sites of broadcasting transmission towers
47 Terms and conditions of access
48 Code relating to access
49 Arbitration—acquisition of property
50 Relationship between this Part and the National Transmission Network Sale Act 1998
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Part 6—Collection of datacasting charge
51 Collection of datacasting charge
52 Cancellation of certain exemptions from datacasting charge
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Part 7—Injunctions
54 Injunctions
55 Interim injunctions
56 Discharge etc. of injunctions
57 Certain limits on granting injunctions not to apply
58 Other powers of the court unaffected
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Part 8—Reviews
60D Review of content and captioning rules applicable to multi channelled television broadcasting services
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Part 10—Review of decisions
62 Review by the AAT
63 Notification of decisions to include notification of reasons and appeal rights
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Part 11—Regional equalisation plan
64 Regional equalisation plan
Schedule 5—Online services
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Part 1—Introduction
2 Simplified outline
3 Definitions
5 Internet content that consists of a film
7 Extended meaning of use
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Part 2—Internet service providers
8 Internet service providers
9 Supply to the public
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Part 4—Complaints to, and investigations by, the ACMA
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Division 1—Making of complaints to the ACMA
23 Complaints about breaches of online provider rules etc.
24 Form of complaint
25 Residency etc. of complainant
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Division 2—Investigations by the ACMA
26 Investigation of complaints by the ACMA
27 ACMA may investigate matters on its own initiative
28 Conduct of investigations
29 Protection from civil proceedings
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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
41 Deferral of action in order to avoid prejudicing a criminal investigation
42 Withdrawal of notification of content—reclassification of internet content
43 Withdrawal of notification of content—reclassification of internet content that consists of a film or a computer game
44 Revocation of standard access prevention notice—reclassification of internet content
45 Revocation of standard access prevention notice—reclassification of internet content that consists of a film or a computer game
46 Anti avoidance—notified internet content
47 Anti avoidance—special access prevention notice
48 Compliance with access prevention notices
49 Notification of internet content
50 Application of notifications under this Division
51 ACMA may be taken to have issued access prevention notices
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Part 5—Industry codes and industry standards
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Division 1—Simplified outline
52 Simplified outline
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Division 2—Interpretation
53 Industry codes
54 Industry standards
55 Internet activity
56 Section of the internet industry
57 Participants in a section of the internet industry
58 Designated body
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Division 3—General principles relating to industry codes and industry standards
59 Statement of regulatory policy
60 Matters that must be dealt with by industry codes and industry standards
61 Industry codes and industry standards not to deal with certain matters
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Division 4—Industry codes
62 Registration of industry codes
63 ACMA may request codes
64 Publication of notice where no body or association represents a section of the internet industry
65 Replacement of industry codes
66 Compliance with industry codes
67 Formal warnings—breach of industry codes
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Division 5—Industry standards
68 ACMA may determine an industry standard if a request for an industry code is not complied with
69 ACMA may determine industry standard where no industry body or association formed
70 ACMA may determine industry standards—total failure of industry codes
71 ACMA may determine industry standards—partial failure of industry codes
72 Compliance with industry standards
73 Formal warnings—breach of industry standards
74 Variation of industry standards
75 Revocation of industry standards
76 Public consultation on industry standards
77 Consultation with designated body
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Division 6—Register of industry codes and industry standards
78 ACMA to maintain Register of industry codes and industry standards
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Part 6—Online provider rules
79 Online provider rules
80 Online provider determinations
81 Exemptions from online provider determinations
82 Compliance with online provider rules
83 Remedial directions—breach of online provider rules
84 Formal warnings—breach of online provider rules
85 Federal Court may order a person to cease supplying internet carriage services
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Part 7—Offences
86 Continuing offences
87 Conduct by directors, employees and agents
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Part 8—Protection from civil and criminal proceedings
88 Protection from civil proceedings—internet service providers
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Part 9—Operation of State and Territory laws etc.
90 Concurrent operation of State and Territory laws
91 Liability of internet content hosts and internet service providers under State and Territory laws etc.
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Part 10—Review of decisions
92 Review by the AAT
93 Notification of decisions to include notification of reasons and appeal rights
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Part 11—Miscellaneous
94 Additional ACMA functions
95 Review before 1 January 2003
96 Schedule not to affect performance of State or Territory functions
Schedule 6—Datacasting services
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Part 1—Introduction
1 Simplified outline
2 Definitions
3 Educational programs
4 Information only programs
5 Foreign language news or current affairs programs
6 Datacasting content is taken not to be a television program or a radio program etc.
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Part 2—Datacasting licences
7 Allocation of datacasting licence
8 When datacasting licence must not be allocated
9 Unsuitable applicant
10 Transfer of datacasting licences
11 Surrender of datacasting licences
12 ACMA to maintain Register of datacasting licences that are not restricted datacasting licences
12A ACMA to maintain Register of restricted datacasting licences
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Part 3—Conditions of datacasting licences
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Division 1—Genre conditions
13 Category A television programs
14 Condition relating to category A television programs
15 Category B television programs
16 Condition relating to category B television programs
17 Genre conditions do not apply to Parliamentary proceedings etc.
18 Genre conditions do not apply to matter that consists of no more than text or still visual images etc.
18A Genre conditions do not apply to advertising or sponsorship material
19 Genre conditions do not apply to interactive computer games
20 Genre conditions do not apply to internet carriage services or ordinary electronic mail
20AA Genre conditions do not apply to certain content copied from the internet
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Division 2—Audio content condition
21 Audio content condition
22 Audio content condition does not apply to Parliamentary proceedings etc.
23 Audio content condition does not apply to matter that consists of no more than text or still visual images etc.
23A Audio content condition does not apply to advertising or sponsorship material
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Division 2A—Genre conditions: anti avoidance
23B Anti avoidance—declared internet carriage services
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Division 3—Other conditions
24 General conditions
24A Special conditions for restricted datacasting licences
25 Suitability condition
26 Additional conditions imposed by the ACMA
27 Restricted access system
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Division 4—Exemption orders for content copied from the internet
27A Exemption orders in relation to content copied from the internet
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Part 4—Codes of practice
28 Development of codes of practice
29 Review by the ACMA
30 ACMA to maintain Register of codes of practice
31 ACMA may determine standards where codes of practice fail or where no code of practice developed
32 Consultation on standards
33 Notification of determination or variation or revocation of standards
34 Limitation of ACMA’s power in relation to standards
35 This Part does not apply to internet carriage services or ordinary electronic mail
35A This Part does not apply to the ABC or SBS
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Part 5—Complaints to the ACMA about datacasting services
36 Complaints about offences or breach of licence conditions
37 Complaints under codes of practice
38 Investigation of complaints by the ACMA
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Part 6—Control of datacasting transmitter licences
41 Datacasting transmitter licences not to be controlled by ABC or SBS
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Part 7—Nominated datacaster declarations
42 Object of this Part
43 Datacasting transmitter licence
44 Applications for nominated datacaster declarations
45 Making a nominated datacaster declaration
46 Effect of nominated datacaster declaration
47 Revocation of nominated datacaster declaration
48 Register of nominated datacaster declarations
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Part 8—Remedies for breaches of licensing provisions
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Division 1—Providing a datacasting service without a licence
49 Prohibition on providing a datacasting service without a licence
50 Remedial directions—unlicensed datacasting services
51 Exemption for broadcasting licensees etc.
51A Exemption for designated teletext services
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Division 2—Breaches of licence conditions
52 Offence for breach of conditions
52A Civil penalty provision relating to breach of conditions of datacasting licences
53 Remedial directions—breach of conditions
54 Suspension and cancellation
55 Injunctions
56 Federal Court’s powers relating to injunctions
57 Stay of proceedings relating to additional licence conditions, remedial directions and suspension/cancellation decisions
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Part 9—Review of decisions
58 Review by the Administrative Appeals Tribunal
59 Notification of decisions to include notification of reasons and appeal rights
Schedule 7—Content services
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Part 1—Introduction
1 Simplified outline
2 Definitions
3 Australian connection
4 Hosting service
5 Content service provider
6 When content is provided by a content service
7 When content service is provided to the public etc.
8 Links to content
9 Services supplied by way of a voice call or video call
9A Ancillary subscription television content service
10 Classification of live content etc.
11 Eligible electronic publication
12 Re transmitted broadcasting services
13 Re transmitted datacasting services
14 Restricted access system
15 R 18+ content and MA 15+ content
16 Content that consists of a film
17 Extended meaning of use
18 Trained content assessor
19 Extra territorial application
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Part 2—Classification of content
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Division 1—Prohibited content and potential prohibited content
20 Prohibited content
21 Potential prohibited content
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Division 2—Classification of content
22 Applications for classification of content
23 Classification of content
24 Classification of content that consists of a film, a computer game or an eligible electronic publication
25 Classification of content that does not consist of a film, a computer game or an eligible electronic publication
26 Deemed classification of content classified under Schedule 5
27 Fees
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Division 3—Reclassification
28 Reclassification of content
29 Notice of intention to reclassify content
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Division 4—Review of classification decisions
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Subdivision A—Review of classification of content
30 Persons who may apply for review
31 Applications for review
32 Classification Review Board may refuse to deal with review applications that are frivolous etc.
33 Review
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
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
Division 5—Miscellaneous
36 Decisions of the Classification Board etc.
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Part 3—Complaints to, and investigations by, the ACMA
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Division 1—Making of complaints to the ACMA
37 Complaints about prohibited content or potential prohibited content
38 Complaints relating to breach of a designated content/hosting service provider rule etc.
39 Form of complaint
40 Recordings of live content
41 Residency etc. of complainant
42 Escalation of complaints made under industry codes etc.
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Division 2—Investigations by the ACMA
43 Investigation of complaints by the ACMA
44 ACMA may investigate matters on its own initiative
45 Conduct of investigations
46 Protection from civil proceedings
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Division 3—Action to be taken in relation to hosting services
47 Action to be taken in relation to hosting services
48 Revocation of interim take down notices—voluntary withdrawal of content
49 Revocation of final take down notices—reclassification of content
50 Revocation of final take down notices—reclassification of content that consists of a film or a computer game
51 Revocation of final take down notices—reclassification of a corresponding print publication
52 Anti avoidance—special take down notices
53 Compliance with rules relating to prohibited content etc.
54 Identification of content
55 Application of notices under this Division
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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
57 Undertaking—alternative to service cessation notice
58 Revocation of service cessation notices—undertaking
59 Revocation of final service cessation notices—reclassification of content
59A Anti avoidance—special service cessation notices
60 Compliance with rules relating to prohibited content etc.
61 Identification of content
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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
63 Revocation of interim link deletion notices—voluntary deletion of link
64 Revocation of final link deletion notices—reclassification of content
65 Revocation of final link deletion notices—reclassification of content that consists of a film or a computer game
66 Revocation of final link deletion notices—reclassification of a corresponding print publication
67 Anti avoidance—special link deletion notices
68 Compliance with rules relating to prohibited content etc.
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Division 6—Law enforcement agencies
69 Referral of matters to law enforcement agencies
70 Deferral of action in order to avoid prejudicing a criminal investigation—hosting services
71 Deferral of action in order to avoid prejudicing a criminal investigation—live content services
72 Deferral of action in order to avoid prejudicing a criminal investigation—links services
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Part 4—Industry codes and industry standards
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Division 1—Simplified outline
73 Simplified outline
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Division 2—Interpretation
74 Industry codes
75 Industry standards
76 Content activity
77 Sections of the content industry
78 Participants in a section of the content industry
79 Designated body
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Division 3—General principles relating to industry codes and industry standards
80 Statement of regulatory policy
81 Matters that must be dealt with by industry codes and industry standards—commercial content providers
82 Examples of matters that may be dealt with by industry codes and industry standards
83 Escalation of complaints
84 Collection of personal information
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Division 4—Industry codes
85 Registration of industry codes
86 ACMA may request codes
87 Publication of notice where no body or association represents a section of the content industry
88 Replacement of industry codes
89 Compliance with industry codes
90 Formal warnings—breach of industry codes
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Division 5—Industry standards
91 ACMA may determine an industry standard if a request for an industry code is not complied with
92 ACMA may determine industry standard where no industry body or association formed
93 ACMA may determine industry standards—total failure of industry codes
94 ACMA may determine industry standards—partial failure of industry codes
95 Compliance with industry standards
96 Formal warnings—breach of industry standards
97 Variation of industry standards
98 Revocation of industry standards
99 Public consultation on industry standards
100 Consultation with designated body
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Division 6—Register of industry codes and industry standards
101 ACMA to maintain Register of industry codes and industry standards
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Division 7—Miscellaneous
102 Industry codes may provide for matters by reference to other instruments
103 Industry standards may provide for matters by reference to other instruments
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Part 5—Designated content/hosting service provider determinations
104 Designated content/hosting service provider determinations
105 Exemptions from designated content/hosting service provider determinations
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Part 6—Enforcement
106 Compliance with designated content/hosting service provider rules—offence
107 Compliance with designated content/hosting service provider rules—civil penalty provision
108 Remedial directions—breach of designated content/hosting service provider rules
109 Formal warnings—breach of designated content/hosting service provider rules
110 Federal Court may order a person to cease providing designated content/hosting services
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Part 7—Protection from civil and criminal proceedings
111 Protection from civil proceedings—service providers
112 Protection from criminal proceedings—ACMA, Classification Board and Classification Review Board
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Part 8—Review of decisions
113 Review by the Administrative Appeals Tribunal
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Part 9—Miscellaneous
114 Additional ACMA functions
115 Recordings of content etc.
116 Samples of content to be submitted for classification
117 Service of summons, process or notice on corporations incorporated outside Australia
117A Meaning of broadcasting service
118 Review
119 This Schedule does not limit Schedule 5
120 This Schedule does not limit the Telecommunications Act 1997
121 Implied freedom of political communication
122 Concurrent operation of State and Territory laws
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123 Schedule not to affect performance of State or Territory functions
Notes to the STYLEREF ShortT \* MERGEFORMAT Broadcasting Services Act 1992