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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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C2025C00201 (C31)
24 May 2001
-
20 June 2001
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Volume 1
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Regulatory policy
5 Role of the ABA
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
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 ABA may determine additional criteria or clarify existing criteria
20 Determinations and clarifications to be disallowable by the Parliament
21 Requests to ABA to decide which category a broadcasting service falls into
22 Matters to be considered by ABA
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Part 3—Planning of the broadcasting services bands
23 Planning criteria
24 ABA to determine priorities
25 Preparation of frequency allotment plans
26 Preparation of licence area plans
27 Processes to be public
28 Limitation on allocation of commercial television broadcasting licences
28A Section 28 does not apply to the allocation of a licence under section 38A or 38B
29 Designation of licence areas
30 ABA 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
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Part 4—Commercial television broadcasting licences and commercial radio broadcasting licences
36 ABA to determine system for allocating licences
37 When licences must not be allocated
38 ABA to advertise for applications for certain licences
38A Additional commercial television licences in single markets
38B Additional commercial television licences in 2 station markets
39 Additional commercial radio licences in single markets
40 Allocation of other licences
41 When persons are regarded as suitable
42 Conditions of commercial broadcasting licences
43 ABA may impose additional conditions
44 Matters to which conditions may relate
45 Duration of licences
46 Applications for renewal
47 ABA 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
50 Interpretation—knowledge of company
51 Means of dealing with overlapping licence areas
52 Changes in licence area populations not to put persons in breach of this Part
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
Division 3—Limitation on directorships
Subdivision A—Television and radio
55 Limitation on numbers of directorships—television
56 Limitation on numbers of directorships—radio
Subdivision B—Television and datacasting
56A Limitation on directorships—television and datacasting
Division 4—Limitation on foreign control of television
57 Foreign person not to be in position to control commercial television broadcasting licence
58 Limitation on foreign directorships—commercial television broadcasting licensees
Division 5—Cross media rules
59 Newspapers associated with commercial television or radio broadcasting licence areas
60 Limitation on control of commercial television broadcasting licences, commercial radio broadcasting licences and associated newspapers
61 Limitation on cross media directorships
Division 6—Notification provisions
62 Requirement on licensees to notify control and directorships
63 Requirement to notify changes in control
64 Person who obtains control of a licence must notify the ABA
65 Person in control of commercial television licence must notify the ABA of newspaper interests
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 ABA
70 Notices by the ABA
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 under section 38B not to result in breach of ownership limits
Division 10—Prior opinions by the ABA
74 Requests to ABA 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 Trade Practices Act
78 Part not to invalidate appointments
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Part 6—Community broadcasting licences
79 Interpretation
79A Application
80 ABA 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
85 ABA not required to allocate community broadcasting licence to any applicant
86 Conditions of community broadcasting licences
87 ABA may impose additional conditions on community broadcasting licences
88 Matters to which conditions may relate
89 Duration of community broadcasting licences
90 Applications for renewal of community broadcasting licences
91 ABA to renew community broadcasting licences unless it is aware of special circumstances
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 ABA 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
93 Minister to determine allocation system for satellite licences allocated before 1 July 1997
94 Transmission system standards
95 When subscription television broadcasting licence must not be allocated
96 Allocation of other subscription television broadcasting licences
96A Monitoring of cross media ownership of licences allocated under section 96
97 Requests to Australian Competition and Consumer Commission
98 Suitability for allocation of licence
98A Certain applicants for licences A and B to pay deposits
98B Repayment of deposit
98C Withdrawal of tenders
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
101 Special condition relating to advertising
103 Special condition applicable to licences A and B
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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 Pre production expenditure not to be counted unless principal photography has commenced
103J Cash based accounting—when expenditure is incurred
103K When expenditure incurred on a new eligible drama program
103L ABA 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
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
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
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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
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
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
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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 ABA 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 ABA 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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Subdivision K—Transitional
103ZM Licensee supplies all program material during 1999 2000—shortfall to be made up during 2000 2001
103ZN Licensee supplies part of program material during 1999 2000—shortfall to be made up during 2000 2001
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Division 3—Ownership and cross media rules
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Subdivision A—Preliminary
104 Application of Division
105 Large circulation newspapers
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Subdivision B—Ownership and control restrictions
106 Person in control of newspaper not to control, or hold company interests in, licence A
107 Commercial television licensees not to control, or hold company interests in, licence A
108 Telecommunications carriers not to control, or hold company interests in, licence A
109 Foreign ownership limits for subscription television broadcasting licences
110 Limits between satellite subscription television broadcasting licences
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Division 4—Offences for breaches
111 Offences for breaches
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Division 5—Notification provisions
112 Notification provisions
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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
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 Trade Practices Act
116C Interpretation
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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 ABA 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 Notice for providing an international broadcasting service without a licence
121FJ Offence for breach of conditions of international broadcasting licence
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—ABA 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 ABA
124 ABA to maintain Register of codes of practice
125 ABA 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 ABA’s power in relation to standards
130 Application of the Trade Practices Act
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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 2—Action by ABA where a person provides a service without a licence
137 Notices for providing broadcasting services without appropriate authority
138 Breach of notice under section 137 to constitute an offence
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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
141 Notices to stop breaches of conditions of licences, class licences or of codes of practice
142 Breach of notice under section 141 to constitute an offence
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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Division 5—Miscellaneous
145 Continuing offences
146 Limitation on prosecutions
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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 ABA
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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 ABA
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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 ABA
152 Action by ABA where complaint justified
153 ABA may report to Minister on results of recommendation
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Part 12—The Australian Broadcasting Authority
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Division 1—Establishment and constitution of the ABA
154 Establishment of the ABA
155 How the ABA is to be constituted
156 Minister may appoint associate members
157 Period of appointment of members and associate members
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Division 2—Functions and powers of the ABA
158 Primary functions of the ABA
159 Additional functions of the ABA
160 General obligations of the ABA
162 Minister may give directions to ABA
163 ABA not otherwise subject to direction
164 General powers of the ABA
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Division 3—Staff of the ABA
165 Staff
166 Consultants
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Division 4—Administrative provisions
167 Administrative provisions
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Part 13—Information gathering by the ABA
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Division 1—Introduction
168 Obtaining of information by the ABA
169 Decision making by the ABA not limited to matters discovered by investigation or hearing
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Division 2—Investigations
170 Investigations by the ABA
171 Minister may direct ABA to conduct an investigation
172 ABA 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
181 Interpretation—members to include associates
182 Power to hold hearings
183 Minister may direct ABA to hold a hearing
184 Procedure for conduct of hearings
185 ABA 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 ABA 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 ABA
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 Licensees to keep accounts
205C Payment of licence fees
205D Penalty for unpaid licence fees
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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
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
216 Ministerial consultative and advisory bodies
216A Schedule 4 (digital television broadcasting)
216B Schedule 5 (online services)
216C Schedule 6 (datacasting services)
216D Review of Schedules 4 and 6
216E Review of streamed Internet, audio and video content
217 Regulations
218 Channel sharing
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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
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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
7 Conditions of commercial television broadcasting licences
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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
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Schedule 3—Administrative provisions applicable to the ABA
1 Terms and conditions applicable to members and associate members
2 Remuneration and allowances of members and associate members
3 Outside employment
4 Leave of absence
5 Acting appointments
7 Disclosure of interests by other persons
8 Resignation
9 Termination of appointment
10 Procedures that apply to meetings of the ABA
11 Resolutions without meetings
12 Liability to taxation
15 Money of the ABA
16 Application of money
17 Limitation on expenditure on contracts
18 Delegation
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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
5 Remote licence area
5A Multi channelled national television broadcasting service
Part 2—Commercial television
6 Commercial television conversion scheme
7 Scheme may confer administrative powers on the ABA
7A Scheme may confer power to make digital channel plans
8 Transmitter licences
9 Submission of implementation plans to the ABA
10 Amendment of certain plans and guidelines
11 Reviews and reports
12 Ancillary or incidental provisions
13 ABA to have regard to datacasting allocation power
14 ABA to have regard to special circumstances that apply in remote licence areas
15 Minister may give directions to the ABA
16 Variation of scheme
17 Scheme to be a disallowable instrument
18 Processes to be public
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
22 Scheme may confer administrative powers on the ABA
22A Scheme may confer power to make digital channel plans
23 Transmitter licences
24 Amendment of certain plans and guidelines
25 Reviews and reports
26 Ancillary or incidental provisions
27 ABA to have regard to datacasting allocation power
28 ABA to have regard to special circumstances that apply in remote coverage areas
29 Minister may give directions to the ABA
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 Provision of electronic program guide information
36 Digital transmitter not to be used to provide a subscription television broadcasting service etc.
Part 3A—Accessibility of domestic reception equipment
36B Accessibility of domestic reception equipment
36C Compliance by national broadcasters
Part 4—Standards
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Division 1—Digital television format standards
37 Non remote areas—SDTV format standards
37A Non remote areas—HDTV format standards
37B Remote areas—SDTV format standards
37C Remote areas—HDTV format standards
37D Compliance by national broadcasters
Division 2—HDTV quota standards
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
37J HDTV version
37K Compliance by national broadcasters
37L High definition television programs
37M Prime viewing hours
Division 3—Captioning standards
38 Captioning standards
Division 4—Technical standards
39 Technical standards for digital transmission of television broadcasting services
Division 5—Miscellaneous
41 Standards may incorporate other instruments
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
Part 6—Collection of datacasting charge
51 Collection of datacasting charge
52 Cancellation of certain exemptions from datacasting charge
53 ACA to report to the Minister on principles for determining the amount of datacasting charge
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
Part 8—Reviews
59 Reviews before 1 January 2000
59A Reviews before 31 October 2000
60 Reviews before 1 January 2005
60A Reviews before 1 January 2004
60B Review before 1 January 2006
60C Review before 1 January 2002
Part 9—Charges relating to the ABA’s costs
61 Charges relating to the ABA’s costs
Part 10—Review of decisions
62 Review by the AAT
63 Notification of decisions to include notification of reasons and appeal rights
Part 11—Regional equalisation plan
64 Regional equalisation plan
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Schedule 5—Online services
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Part 1—Introduction
1 Explanation of the context of this Schedule
2 Simplified outline
3 Definitions
4 Restricted access system
5 Internet content that consists of a film
6 Replacement of X classification
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 3—Prohibited content
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Division 1—Prohibited content and potential prohibited content
10 Prohibited content
11 Potential prohibited content
12 Classification of Internet content that consists of a film or a computer game
13 Classification of Internet content that does not consist of a film or a computer game
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Division 2—Reclassification
14 Reclassification of Internet content
15 Notice of intention to reclassify Internet content
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Division 3—Review of classification decisions
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Subdivision A—Review of classification of Internet content
16 Persons who may apply for review
17 Applications for review
18 Review
Subdivision B—Review of Internet content that consists of a film or a computer game
19 Review of classification of Internet content that consists of a film or a computer game
Division 4—Miscellaneous
20 Fees for classification of Internet content
21 Decisions of the Classification Board etc.
Part 4—Complaints to, and investigations by, the ABA
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Division 1—Making of complaints to the ABA
22 Complaints about prohibited content or potential prohibited content
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 ABA
26 Investigation of complaints by the ABA
27 ABA may investigate matters on its own initiative
28 Conduct of investigations
29 Protection from civil proceedings
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Division 3—Action to be taken in relation to a complaint about prohibited content hosted in Australia
30 Action to be taken in relation to a complaint about prohibited content hosted in Australia
31 Deferral of action in order to avoid prejudicing a criminal investigation
32 Revocation of final take down notices—subsequent implementation of restricted access system for R rated content
33 Revocation of interim take down notices—voluntary withdrawal of Internet content
34 Revocation of take down notices—reclassification of Internet content
35 Revocation of take down notices—reclassification of Internet content that consists of a film or a computer game
36 Anti avoidance—special take down notices
37 Compliance with rules relating to prohibited content etc.
38 Identification of Internet content
39 Application of notices under this Division
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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 ABA may be taken to have issued access prevention notices
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 Sections 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 ABA 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 ABA may determine an industry standard if a request for an industry code is not complied with
69 ABA may determine industry standard where no industry body or association formed
70 ABA may determine industry standards—total failure of industry codes
71 ABA 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 ABA to maintain Register of industry codes and industry standards
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 or cease hosting Internet content
Part 7—Offences
86 Continuing offences
87 Conduct by directors, employees and agents
Part 8—Protection from civil and criminal proceedings
88 Protection from civil proceedings—Internet service providers and Internet content hosts
89 Protection from criminal proceedings—ABA, Classification Board and Classification Review Board
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.
Part 10—Review of decisions
92 Review by the AAT
93 Notification of decisions to include notification of reasons and appeal rights
Part 11—Miscellaneous
94 Additional ABA functions
95 Review before 1 January 2003
96 Schedule not to affect performance of State or Territory functions
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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 bulletins
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 ABA to maintain Register of 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 1A—Electronic program guide condition
20A Electronic program guides
20B Condition relating to electronic program guides
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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
25 Suitability condition
26 Additional conditions imposed by the ABA
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 ABA
30 ABA to maintain Register of codes of practice
31 ABA 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 ABA’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 ABA about datacasting services
36 Complaints about offences or breach of licence conditions
37 Complaints under codes of practice
38 Investigation of complaints by the ABA
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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 Notice for providing a datacasting service without a licence
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
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
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Part 10—Miscellaneous
60 Datacasting technical standards
61 Review before 1 January 2003
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history