Communications Legislation Amendment (Australian Content Requirement for Subscription Video On Demand (Streaming) Services) Act 2025
No. 71, 2025
An Act to amend the law relating to communications, and for related purposes
Communications Legislation Amendment (Australian Content Requirement for Subscription Video On Demand (Streaming) Services) Act 2025
No. 71, 2025
An Act to amend the law relating to communications, and for related purposes
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Part 1—Amendment of the Broadcasting Services Act 1992
Broadcasting Services Act 1992
Part 2—Other amendments
Australian Communications and Media Authority Act 2005
Part 3—Transitional provisions
Communications Legislation Amendment (Australian Content Requirement for Subscription Video On Demand (Streaming) Services) Act 2025
No. 71, 2025
An Act to amend the law relating to communications, and for related purposes
[Assented to 4 December 2025]
The Parliament of Australia enacts:
This Act is the Communications Legislation Amendment (Australian Content Requirement for Subscription Video On Demand (Streaming) Services) Act 2025.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 5 December 2025 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
1 After paragraph 3(1)(eb)
Insert:
(ec) to ensure the development, production and provision of Australian programs by subscription video on demand services; and
2 Subsection 3(2)
Insert:
subscription video on demand service has the same meaning as SVOD service has in Part 8C.
3 After Part 8B
Insert:
This Part requires providers of certain major subscription video on demand services (SVOD services) to ensure minimum levels of expenditure on new eligible Australian programs.
Major SVOD services are SVOD services that have at least 1 million paying subscribers in Australia, and satisfy certain other requirements. Services that predominantly provide user‑generated content, or that have limited appeal in Australia, are excluded.
To be an eligible Australian program, a program must be a drama program, a children’s program, a documentary, an arts program or an educational program, and must be an Australian or New Zealand program.
A major SVOD service must acquit its Australian content expenditure requirement using qualifying expenditure on eligible Australian programs.
A major SVOD service’s Australian content expenditure requirement is a percentage of its total program expenditure for Australia, although a service can elect to instead have its Australian content expenditure requirement be based on its total revenue derived from Australia.
An expenditure requirement can be carried over for 2 years. If it remains unacquitted after 2 years, the providers of the service may be liable for a civil penalty, and the unacquitted expenditure requirement continues to carry over to further years.
Excess qualifying expenditure amounts can also be carried over, for up to 2 years.
Providers of certain SVOD services that are regulated under this Part must give annual reports to the ACMA. Providers of certain SVOD services that have at least 250,000 paying subscribers in Australia must also give notifications to the ACMA.
The ACMA has various powers for administering this Part and monitoring compliance with this Part, including powers to give class exemptions.
In this Part:
ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
acquiring, in relation to a program, includes acquiring rights in relation to the program.
Note: For example, acquiring a licence to make a program available in Australia.
acquitted: for when an expenditure requirement is acquitted, see subsection 121FZI(2).
arts program means a program whose subject matter wholly or substantially comprises material relating to the visual arts, design, literature, the performing arts or music.
Australian content expenditure requirement, of an SVOD service for an SVOD reporting year, has the meaning given by section 121FZL.
Australian Content Standard means:
(a) the Broadcasting Services (Australian Content and Children’s Television) Standards 2020 as in force from time to time; or
(b) if the standard mentioned in paragraph (a) is not in force, but there is in force another standard that is a successor (whether immediate or not) to the standard mentioned in paragraph (a)—that other standard as in force from time to time.
Australian/New Zealand program has the same meaning as in the Australian Content Standard.
Australian official co‑production has the same meaning as in the Australian Content Standard.
Australian program has the same meaning as in the Australian Content Standard.
carried‑over expenditure amount, for an online content service for an SVOD reporting year, has the meaning given by subsection 121FZI(6).
carried‑over expenditure requirement, for an online content service for an SVOD reporting year, has the meaning given by subsection 121FZI(5).
children’s program means a program produced for children 15 years or younger.
documentary means a program that is a creative treatment of actuality, other than:
(a) a news program; or
(b) a sports program; or
(c) a magazine program; or
(d) an infotainment or light entertainment program; or
(e) a “reality television” program (within the meaning of Schedule 6).
drama program means:
(a) a program that has a fully scripted screenplay in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure; or
(b) a program that has:
(i) a partially scripted screenplay in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure; and
(ii) actors delivering improvised dialogue that is based on a script outline or outlines developed by a writer or writers; or
(c) a program that has actors delivering improvised dialogue that is based on a script outline or outlines:
(i) developed by a writer or writers; and
(ii) in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure;
and includes:
(d) a fully scripted sketch comedy program; and
(e) an animated drama; and
(f) a dramatised documentary;
but does not include:
(g) a program that involves the incidental use of actors; or
(h) advertising or sponsorship matter (whether or not of a commercial kind).
educational program has the same meaning as in Schedule 6.
eligible Australian program has the meaning given by section 121FW.
eligible program has the meaning given by section 121FV.
excluded service, for an SVOD reporting year, has the meaning given by section 121FZ.
expenditure, in relation to a program, means:
(a) expenditure incurred in acquiring the program; or
(b) expenditure incurred in producing or commissioning the program; or
(c) pre‑production expenditure incurred in relation to the program; or
(d) expenditure incurred by way of the making of an investment in the program;
and includes nil expenditure.
expenditure amount, for an online content service for an SVOD reporting year, means:
(a) a qualifying expenditure amount of the service for the SVOD reporting year; or
(b) a carried‑over expenditure amount of the service for the SVOD reporting year.
expenditure requirement, for an online content service for an SVOD reporting year, means:
(a) an Australian content expenditure requirement of the service for the SVOD reporting year; or
(b) a carried‑over expenditure requirement of the service for the SVOD reporting year.
major SVOD service has the meaning given by section 121FY.
news program means any of the following:
(a) a news bulletin;
(b) a sports news bulletin;
(c) a program (whether presenter‑based or not) whose sole or dominant purpose is to provide analysis, commentary or discussion principally designed to inform the general community about social, economic or political issues of current relevance to the general community.
New Zealand program has the same meaning as in the Australian Content Standard.
online content service has the same meaning as in Schedule 8.
paying subscriber, in relation to an online content service, means a person who pays a subscription fee (however described, and whether periodical or otherwise) to use the online content service (including where the fee is paid to use a set of services that includes the online content service and other services, whether the other services are online content services or not).
program, in relation to an online content service, has the same meaning as that term has in subsection 6(1) in relation to a broadcasting service.
provider, in relation to an online content service, has the meaning given by section 121FZC.
qualifying expenditure amount, of an online content service for an SVOD reporting year, has the meaning given by section 121FZK.
regulated SVOD service has the meaning given by section 121FZA.
sports program means a program the sole or dominant purpose of which is to provide:
(a) coverage of one or more sporting events; or
(b) analysis, commentary or discussion in relation to one or more sporting events;
or both.
SVOD reporting year means:
(a) if this Part commences in January, February, March, April, May or June—the financial year in which this Part commences, and each later financial year; or
(b) otherwise—the calendar year in which this Part commences, and each later calendar year.
SVOD service (short for Subscription Video On Demand service) has the meaning given by section 121FX.
total program expenditure for Australia, of an online content service for an SVOD reporting year, has the meaning given by section 121FZN.
wholly acquitted: an expenditure requirement has been wholly acquitted when it has been reduced to nil under subsection 121FZI(2).
(1) For the purposes of this Part, a program is an eligible program if the program is any of the following:
(a) a drama program;
(b) a children’s program;
(c) a documentary;
(d) an arts program;
(e) an educational program.
(2) However, a program is not an eligible program to the extent that the program is:
(a) a news program; or
(b) a sports program; or
(c) advertising or sponsorship matter (whether or not of a commercial kind).
(3) The ACMA may, by writing, determine that a specified program is, and is taken always to have been, an eligible program despite subsection (1) or (2).
(4) The ACMA may, by writing, determine that a specified program is not, and is taken never to have been, an eligible program despite subsection (1).
Determination has effect
(5) A determination under subsection (3) or (4) has effect accordingly.
Determination is not a legislative instrument
(6) A determination under subsection (3) or (4) is not a legislative instrument.
The ACMA must publish determination
(7) The ACMA must publish a copy of a determination under subsection (3) or (4) on the ACMA’s website.
(1) For the purposes of this Part, a program is an eligible Australian program if:
(a) the program is an eligible program; and
(b) the program is any of the following:
(i) an Australian program;
(ii) a New Zealand program;
(iii) an Australian/New Zealand program;
(iv) an Australian official co‑production.
(2) The ACMA may, by writing, determine that a specified program is, and is taken always to have been, an eligible Australian program despite subsection (1).
(3) The ACMA may, by writing, determine that a specified program is not, and is taken never to have been, an eligible Australian program despite subsection (1).
Determination has effect
(4) A determination under subsection (2) or (3) has effect accordingly.
Determination is not a legislative instrument
(5) A determination under subsection (2) or (3) is not a legislative instrument.
The ACMA must publish determination
(6) The ACMA must publish a copy of a determination under subsection (2) or (3) on the ACMA’s website.
For the purposes of this Part, an online content service is an SVOD service if:
(a) the service has any number of paying subscribers in Australia; and
(b) a catalogue of audiovisual content is available on demand through the service to those paying subscribers; and
(c) the primary purpose, or a significant purpose, of the service is to provide audiovisual content on demand to those paying subscribers.
Note: An online content service that does not have paying subscribers in Australia, but derives its revenue from one‑off transactions or advertising, is not an SVOD service.
(1) For the purposes of this Part, an online content service is a major SVOD service for an SVOD reporting year (the relevant year) if the service passes all the following tests in relation to the relevant year:
(a) the SVOD service test in subsection (3);
(b) the program test in subsection (4);
(c) the paying subscriber test in subsection (5).
(2) Despite subsection (1), the service is not a major SVOD service for the relevant year if the service is an excluded service for the relevant year.
SVOD service test
(3) The service passes the SVOD service test if, at any time in the relevant year, the service is an SVOD service.
Program test
(4) The service passes the program test if, at any time in the relevant year when the service is an SVOD service, a part (other than a part that is merely incidental) of the audiovisual content provided on the service that is likely to appeal to the public, or a section of the public, in Australia consists of eligible programs.
Paying subscriber test
(5) The service passes the paying subscriber test if, at any time in the relevant year when the service is an SVOD service, the service has at least 1 million paying subscribers in Australia.
For the purposes of this Part, an online content service is an excluded service for an SVOD reporting year (the relevant year) if, during the relevant year:
(a) the audiovisual content provided by the service was predominantly user‑generated content; or
(b) the service’s appeal to the public in Australia was limited because the service:
(i) was targeted to special interest groups; or
(ii) was intended only for limited locations, for example, arenas or business premises; or
(iii) was provided during a limited period or to cover a special event; or
(iv) predominantly provided programs of limited appeal.
(1) An online content service is a regulated SVOD service for any SVOD reporting year for which the service is a major SVOD service.
(2) An online content service that is a regulated SVOD service for an SVOD reporting year continues to be a regulated SVOD service for each successive SVOD reporting year (even if the service becomes an excluded service or ceases to be a major SVOD service or an SVOD service) until the service ceases, under section 121FZB, to be a regulated SVOD service.
Note: A regulated SVOD service that is no longer a major SVOD service must acquit any expenditure requirements carried over from when it was a major SVOD service, but does not incur further expenditure requirements.
(3) To avoid doubt, an online content service that ceases to be a regulated SVOD service under section 121FZB may become a regulated SVOD service again at a later time.
An online content service ceases to be a regulated SVOD service at the end of an SVOD reporting year if:
(a) the service was not a major SVOD service for the SVOD reporting year; and
(b) either:
(i) the service does not have an expenditure requirement for any SVOD reporting year; or
(ii) all expenditure requirements that the service has for any SVOD reporting year have been wholly acquitted.
(1) For the purposes of this Part and subject to this section, a provider of an online content service is a person who:
(a) is a constitutional corporation; and
(b) provides the online content service.
(2) For the purposes of this Part and subject to subsections (4), (5) and (6), a person does not provide an online content service merely because the person supplies an internet carriage service that enables content to be delivered or accessed.
(3) For the purposes of this Part and subject to subsections (4), (5) and (6), a person does not provide an online content service merely because the person provides a billing service, or a fee collection service, in relation to an online content service.
Determinations by the ACMA
(4) The ACMA may, by writing, determine that, for the purposes of this Part, a specified person that is a constitutional corporation (and no other person) is a provider of a specified online content service.
(5) The ACMA may, by writing, determine that, for the purposes of this Part, each of one or more specified persons that are constitutional corporations (and no other persons) are providers of a specified online content service.
(6) The ACMA may, by writing, determine that, for the purposes of this Part, each of one or more specified persons that are constitutional corporations is a provider of a specified online content service, without limiting the application of subsection (1) to any other person.
(7) The ACMA may, by writing, determine that, for the purposes of this Part, each of one or more specified persons is not a provider of a specified online content service.
Determination has effect
(8) A determination under subsection (4), (5), (6) or (7) has effect accordingly.
Determination is not a legislative instrument
(9) A determination under subsection (4), (5), (6) or (7) is not a legislative instrument.
The ACMA must publish determination
(10) The ACMA must publish a copy of a determination under subsection (4), (5), (6) or (7) on the ACMA’s website.
(1) The ACMA may, by legislative instrument, determine that online content services included in a specified class of online content services are exempt from this Part.
(2) The ACMA may, by legislative instrument, determine that online content services included in a specified class of online content services are exempt from one or more specified provisions of this Part.
(3) A determination under subsection (1) or (2) may be:
(a) unconditional; or
(b) subject to such conditions (if any) as are specified in the determination.
For the purposes of this Part:
(a) if the whole of an item of expenditure is paid at a particular time—the expenditure is incurred when the expenditure is paid; and
(b) if different parts of an item of expenditure are paid at different times—each part is incurred when the part is paid.
Qualifying expenditure amounts
(1) The ACMA may, by writing, determine that, for the purposes of this Part, specified amounts of expenditure are taken to be qualifying expenditure amounts of a specified online content service for an SVOD reporting year.
(2) The ACMA may, by writing, determine that, for the purposes of this Part, specified amounts of expenditure are taken not to be qualifying expenditure amounts of a specified online content service for an SVOD reporting year.
Total program expenditure for Australia
(3) The ACMA may, by writing, determine that, for the purposes of this Part, specified amounts of expenditure are taken to be total program expenditure for Australia of a specified online content service for an SVOD reporting year.
(4) The ACMA may, by writing, determine that, for the purposes of this Part, specified amounts of expenditure are taken not to be total program expenditure for Australia of a specified online content service for an SVOD reporting year.
Revenue derived by an online content service from Australia
(5) The ACMA may, by writing, determine that, for the purposes of this Part, specified amounts are taken to be revenue derived by a specified online content service from Australia in an SVOD reporting year.
(6) The ACMA may, by writing, determine that, for the purposes of this Part, specified amounts are taken not to be revenue derived by a specified online content service from Australia in an SVOD reporting year.
Determination has effect
(7) A determination under this section has effect accordingly.
Determination is not a legislative instrument
(8) A determination under this section is not a legislative instrument.
Expenditure incurred, or not incurred, on programs
(1) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, expenditure in a specified class of expenditure is taken to be incurred on a program.
(2) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, expenditure in a specified class of expenditure is taken not to be incurred on a program.
Expenditure incurred, or not incurred, on eligible programs
(3) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, expenditure in a specified class of expenditure is taken to be incurred on an eligible program.
(4) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, expenditure in a specified class of expenditure is taken not to be incurred on an eligible program.
Qualifying expenditure amounts
(5) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, amounts of expenditure in a specified class of expenditure are taken to be qualifying expenditure amounts of an online content service for an SVOD reporting year.
(6) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, amounts of expenditure in a specified class of expenditure are taken not to be qualifying expenditure amounts of an online content service for an SVOD reporting year.
Total program expenditure for Australia
(7) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, expenditure in a specified class of expenditure is taken to be total program expenditure for Australia of an online content service for an SVOD reporting year.
(8) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, expenditure in a specified class of expenditure is taken not to be total program expenditure for Australia of an online content service for an SVOD reporting year.
Revenue derived by an online content service from Australia
(9) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, amounts in a specified class of amounts are taken to be revenue derived by an online content service from Australia in an SVOD reporting year.
(10) The ACMA may, by legislative instrument, determine that, for the purposes of this Part, amounts in a specified class of amounts are taken not to be revenue derived by an online content service from Australia in an SVOD reporting year.
Determination has effect
(11) A determination under this section has effect accordingly.
Determination to be general in nature
(12) A determination under this section must be general in nature.
This Part extends to acts, omissions, matters and things outside Australia.
(1) For each SVOD reporting year that an online content service is a regulated SVOD service, the following expenditure requirements are to be acquitted in accordance with this section:
(a) the service’s Australian content expenditure requirement (if any) for the SVOD reporting year (the relevant year);
(b) any carried‑over expenditure requirement the service has for an SVOD reporting year before the relevant year that has not already been acquitted.
Note 1: For a service’s Australian content expenditure requirement, see section 121FZL.
Note 2: Australian content expenditure requirements that are not acquitted in the SVOD reporting year in which they are incurred become carried‑over expenditure requirements (see subsection (5) of this section), and can be acquitted in the 2 following SVOD reporting years. If a carried‑over expenditure requirement is not acquitted by the end of the second such SVOD reporting year, the provider or providers of the service may be liable for a civil penalty (see section 121FZJ), and the carried‑over expenditure requirement continues to carry over to further SVOD reporting years (and may give rise to liability for further civil penalties).
Note 3: Australian content expenditure requirements are acquitted using qualifying expenditure amounts (see section 121FZK). If a regulated SVOD service has some or all of a qualifying expenditure amount left after acquitting any outstanding Australian content expenditure requirements, it can carry over the remaining qualifying expenditure amount for up to 2 further SVOD reporting years (see subsections (6) and (7) of this section).
(2) An expenditure requirement is acquitted by reducing the expenditure requirement (but not below nil) by:
(a) the service’s qualifying expenditure amount (if any) for the relevant year; and
(b) any carried‑over expenditure amount the service has from an SVOD reporting year before the relevant year (subject to the time limit in subsection (7));
to the extent that each expenditure amount has not already been used to acquit an expenditure requirement.
Expenditure requirements and amounts to be dealt with in order
(3) If the service has expenditure requirements for 2 or more SVOD reporting years, an expenditure requirement for an earlier year is to be acquitted before an expenditure requirement for a later year.
(4) If the service has expenditure amounts for 2 or more SVOD reporting years that have not already been used to acquit an expenditure requirement, an expenditure amount for an earlier year is to be used to acquit an expenditure requirement before an expenditure amount for a later year.
Carry‑over of expenditure requirements and amounts
(5) If, after applying subsection (2) to each expenditure requirement, the service has an Australian content expenditure requirement for the relevant year that is more than nil, the amount of that expenditure requirement is the carried‑over expenditure requirement of the service for the relevant year.
(6) If:
(a) the service has a qualifying expenditure amount for the relevant year; and
(b) after applying subsection (2) to each expenditure requirement, some or all of the qualifying expenditure amount for the relevant year has not been used to acquit an expenditure requirement;
that qualifying expenditure amount, to the extent that it has not been used to acquit an expenditure requirement, is the carried‑over expenditure amount of the service for the relevant year.
(7) A carried‑over expenditure amount for an SVOD reporting year (the expenditure year) cannot be used to acquit an expenditure requirement for an SVOD reporting year that is more than 2 SVOD reporting years after the expenditure year.
(1) A provider of an online content service that is a regulated SVOD service for an SVOD reporting year (the current year) contravenes this subsection if, at the end of the current year (and after applying section 121FZI for the current year), the service has:
(a) a carried‑over expenditure requirement, that has not been wholly acquitted, for one SVOD reporting year that is 2 or more SVOD reporting years before the current year; or
(b) carried‑over expenditure requirements, that have not been wholly acquitted, for 2 or more SVOD reporting years that are each 2 or more SVOD reporting years before the current year.
(2) Subsection (1) is a civil penalty provision.
Civil penalty order does not affect acquittal obligation, or prevent further civil penalty orders
(3) To avoid doubt, the making of a civil penalty order against a person in relation to a contravention of subsection (1) (or a contravention of section 205E that relates to a contravention of subsection (1) of this section) that relates to an online content service’s carried‑over expenditure requirement for a particular SVOD reporting year:
(a) does not relieve the service of the obligation to acquit that carried‑over expenditure requirement; and
(b) does not prevent a civil penalty order being made against the person in respect of another contravention of subsection (1) (or section 205E) that:
(i) occurs at the end of an SVOD reporting year other than the current year; and
(ii) relates to the same carried‑over expenditure requirement; and
(c) if the service’s Australian content expenditure requirement for the SVOD reporting year to which the carried‑over expenditure requirement relates is taken into account under subparagraph 205F(5AAB)(c)(ii) and subsection 205F(5AAC) in determining the pecuniary penalty payable by a person—does not prevent that Australian content expenditure requirement being taken into account in relation to another contravention of subsection (1) of this section (or section 205E) by any person.
(1) For the purposes of this Part, an online content service’s qualifying expenditure amount for an SVOD reporting year (the relevant year) is the total expenditure incurred by the provider or providers of the service during the relevant year on programs that:
(a) are eligible Australian programs; and
(b) were:
(i) commissioned as mentioned in subsection (3); or
(ii) acquired by the provider or providers; and
(c) were not made available to the public in Australia, other than by being shown in a cinema, at any time before the expenditure was incurred.
(2) For the purposes of subsection (1), if the service has more than one provider, disregard any payments between the providers of the service.
(3) For the purposes of subparagraph (1)(b)(i), a program was commissioned if one or more of the providers of the service:
(a) produced the program; or
(b) made a material financial contribution to the production of the program before the production of the program was completed.
(1) The Australian content expenditure requirement for a major SVOD service for an SVOD reporting year (the relevant year) is an amount equal to 10% of the service’s total program expenditure for Australia for the relevant year.
(2) However, if an election under subsection 121FZM(1) is in effect for the major SVOD service for the relevant year, the service’s Australian content expenditure requirement for the relevant year is instead an amount equal to 7.5% of the revenue derived by the service from Australia in the relevant year.
Note: Revenue derived by a service from Australia may include, for example, revenue derived from:
(a) paying subscribers in Australia; and
(b) advertising to people in Australia.
(3) The Australian content expenditure requirement for a regulated SVOD service that is not a major SVOD service for an SVOD reporting year is nil for that SVOD reporting year.
(1) The provider or providers of a regulated SVOD service may, by written notice to the ACMA, make an election to have subsection 121FZL(2) apply to the service for a period of 3 SVOD reporting years.
(2) The 3‑year period must be:
(a) the 3‑year period beginning on the first day of the first SVOD reporting year for which the service was a regulated SVOD service; or
(b) a 3‑year period beginning on the day after the end of a previous 3‑year period to which this subsection applies.
(3) A notice under subsection (1):
(a) may only be given within the period of 60 days beginning on the first day of the 3‑year period; and
(b) must be given in the form and manner approved, in writing, by the ACMA; and
(c) if the service has more than one provider—must be given jointly by all providers of the service.
(4) Despite subsection (1), the provider or providers may not make an election under that subsection if, at the end of the year (the pre‑election year) immediately preceding the 3‑year period, the service had a carried‑over expenditure requirement, that had not been wholly acquitted, for any SVOD reporting year that is 2 or more SVOD reporting years before the pre‑election year.
(1) For the purposes of this Part, an online content service’s total program expenditure for Australia for an SVOD reporting year (the relevant year) is the total of the expenditure incurred by the provider or providers of the service in the relevant year on eligible programs that are, or are intended to be, provided on the service in Australia.
(2) Without limiting subsection (1), the service’s total program expenditure for Australia for the relevant year includes expenditure incurred by the provider or providers of the service in the relevant year in commissioning or acquiring eligible Australian programs that are, or are intended to be, provided on the service in Australia.
(3) Without limiting subsection (1), the service’s total program expenditure for Australia for the relevant year includes:
(a) expenditure incurred by the provider or providers of the service in the relevant year in licensing eligible programs that are, or are intended to be, provided on the service in Australia; and
(b) other expenditure incurred by the provider or providers of the service in the relevant year in relation to eligible programs (other than eligible Australian programs) that are, or are intended to be, provided on the service in Australia, to the extent that the expenditure is reasonably attributable to the provision of the programs on the service in Australia; and
(c) amounts that are not covered by paragraph (a) or (b), but would be amounts of expenditure covered by paragraph (a) or (b) if arrangements under which eligible programs (other than eligible Australian programs) are made available to be provided on the service in Australia were entered into at arm’s length.
(1) The provider or providers of an online content service that is a regulated SVOD service for an SVOD reporting year (the year of the report) must, within 45 days after the end of the year of the report, prepare and give the ACMA a report relating to:
(a) compliance by the service, and the provider or providers of the service, with this Part during the year of the report; and
(b) the service’s qualifying expenditure amount for the year of the report; and
(c) the service’s total program expenditure for Australia for the year of the report; and
(d) the revenue derived by the service from Australia in the year of the report; and
(e) the number of paying subscribers the service has in Australia; and
(f) acquittal of the service’s expenditure requirements.
(2) A report under subsection (1) must:
(a) be given in the form and manner approved, in writing, by the ACMA; and
(b) set out such information as is required by the form.
(1) A person contravenes this subsection if:
(a) the person is a provider of an online content service that is a regulated SVOD service for an SVOD reporting year; and
(b) a report under section 121FZO in relation to the service for the SVOD reporting year is not given to the ACMA in accordance with that section.
(2) Subsection (1) is a civil penalty provision.
(3) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Designated infringement notice provision
(4) Subsection (1) is a designated infringement notice provision.
(1) A person must notify the ACMA if, at any time in an SVOD reporting year:
(a) the person is a provider of an SVOD service; and
(b) the service has at least 250,000 paying subscribers in Australia; and
(c) the service is not an excluded service for the SVOD reporting year.
(2) A notification under subsection (1):
(a) must be given before the end of 60 days after the first day on which all of paragraphs (1)(a), (b) and (c) apply; and
(b) must be given in the form and manner approved, in writing, by the ACMA; and
(c) must include the name of the service; and
(d) must include:
(i) the name of the person; and
(ii) if the person has an ABN—the person’s ABN; and
(iii) if the person has a principal office in Australia—the address of that principal office; and
(e) must include any other information required by the form in relation to the service, the providers of the service or other bodies corporate related to the providers of the service.
(3) If the service has more than one provider, the requirement for each provider to give a notification under subsection (1) is satisfied if any of the providers gives an equivalent notification.
(4) A form approved under paragraph (2)(b) for a notification under subsection (1) may provide for verification by statutory declaration of information included in the notification.
(1) A person must notify the ACMA if, at any time in an SVOD reporting year (the notification year):
(a) the person is a provider of an online content service; and
(b) a notifiable circumstance mentioned in subsection (2) or (4) exists in relation to the service.
Notifiable circumstances—changes in SVOD service etc.
(2) For the purposes of paragraph (1)(b), if the online content service:
(a) is an SVOD service; and
(b) has at least 250,000 paying subscribers in Australia; and
(c) is not an excluded service for the notification year;
each of the following is a notifiable circumstance in relation to the service:
(d) a person starts or stops being a provider of the service (other than as a result of a determination by the ACMA under subsection 121FZC(4), (5), (6) or (7));
(e) information previously notified to the ACMA in relation to the service under section 121FZQ or this section is no longer correct, or no longer complete;
(f) the service is a major SVOD service for the notification year, but was not a major SVOD service for the immediately preceding SVOD reporting year;
(g) the service is not a major SVOD service for the notification year, but was a major SVOD service for the immediately preceding SVOD reporting year;
(h) any other circumstance specified by the ACMA under subsection (3).
(3) For the purposes of paragraph (2)(h), the ACMA may, by legislative instrument, determine that specified circumstances are notifiable circumstances in relation to online content services to which subsection (2) applies.
Notifiable circumstances—online content service ceases to be covered by other notification requirements
(4) For the purposes of paragraph (1)(b), if the online content service has, at any time in an SVOD reporting year, been an SVOD service that:
(a) had at least 250,000 paying subscribers in Australia; and
(b) was not an excluded service for that SVOD reporting year;
but ceases to be such an SVOD service, that cessation is a notifiable circumstance in relation to the service.
Requirements for notification
(5) A notification under subsection (1):
(a) must be given before the end of 60 days after the notifiable circumstance began to exist; and
(b) must be given in the form and manner approved, in writing, by the ACMA; and
(c) must include the name of the service; and
(d) must include any other information required by the form in relation to the notifiable circumstance.
(6) If the service has more than one provider, the requirement for each provider to give a notification under subsection (1) is satisfied if any of the providers gives an equivalent notification.
(7) A form approved under paragraph (5)(b) for a notification under subsection (1) may provide for verification by statutory declaration of information included in the notification.
(1) A person contravenes this section if:
(a) the person is a provider of an online content service; and
(b) the person is required to give the ACMA a notification under subsection 121FZQ(1) or 121FZR(1); and
(c) the person does not comply with the requirement in accordance with subsection 121FZQ(2) or 121FZR(5), as the case requires; and
(d) if the service has more than one provider—no other provider gives the ACMA an equivalent notification.
(2) Subsection (1) is a civil penalty provision.
(3) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
(4) Subsection (1) is a designated infringement notice provision.
Scope
(1) This section applies to a person who is a provider of an SVOD service if the ACMA has reason to believe that the person has information or a document that is relevant to the operation of this Part.
The ACMA may require information or documents
(2) The ACMA may, by written notice given to the person, require the person to do any of the following:
(a) to give to the ACMA, within the period and in the manner and form specified in the notice, any such information;
(b) to produce to the ACMA, within the period and in the manner specified in the notice, any such documents;
(c) to make copies of any such documents and to produce to the ACMA, within the period and in the manner specified in the notice, those copies.
(3) A person must comply with a requirement under subsection (2).
Civil penalty provision
(4) Subsection (3) is a civil penalty provision.
(5) A person who contravenes subsection (3) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
Designated infringement notice provision
(6) Subsection (3) is a designated infringement notice provision.
Requirements for notice
(7) A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.
(1) The ACMA may inspect a document or copy produced under section 121FZT and may make and retain copies of, or take and retain extracts from, such a document.
(2) The ACMA may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 121FZT(2)(c).
(1) For the purposes of this Part, expenditure and revenue are to be expressed in Australian currency.
(2) For the purposes of this Part, if expenditure is incurred or revenue is derived otherwise than in Australian currency, the expenditure or revenue is to be expressed in Australian currency at a rate equal to the average, over the SVOD reporting year in which the expenditure is incurred or the revenue is derived, of the exchange rate that is applicable to the expenditure or revenue.
(1) If:
(a) a person has incurred expenditure in connection with a transaction where the parties to the transaction are not dealing with each other at arm’s length in relation to the transaction; and
(b) apart from this section, the expenditure is counted for the purposes of the application of this Part; and
(c) the amount of the expenditure is greater or less than is reasonable;
the ACMA may, by writing, determine that the amount of the expenditure is taken, for the purposes of the application of this Part in relation to the parties to the transaction, to be the amount that would have been reasonable if the parties were dealing with each other at arm’s length.
Determination has effect
(2) A determination under subsection (1) has effect accordingly.
Determination is not a legislative instrument
(3) A determination under subsection (1) is not a legislative instrument.
(1) The purpose of this section is to provide for the ACMA to make determinations dealing with any of the following circumstances or events that would otherwise affect the operation of this Part:
(a) the nature, ownership or structure of online content services;
(b) changes in the nature, ownership or structure of online content services;
(c) temporary cessations of online content services;
(d) online content services being combined with other services (whether the other services are online content services or not);
(e) online content services splitting into separate services (whether all of the separate services are online content services or not);
(f) any other circumstances or events, involving online content services, that could result in:
(i) qualifying expenditure amounts not being available to be used by the entities or online content services to which the amounts are reasonably attributable; or
(ii) expenditure requirements not being required to be acquitted by the entities or online content services to which the expenditure requirements are reasonably attributable.
(2) The ACMA may, by writing, determine that this Part is to operate, in relation to one or more specified online content services, in a way that reduces, eliminates or otherwise addresses the effect of specified circumstances or events of a kind mentioned in subsection (1).
(3) Without limiting subsection (2), the kinds of determinations that the ACMA may make include the following:
(a) a determination that a change in an online content service (including a change in the nature, ownership, structure or providers of the online content service) does not affect the continuity of the online content service;
(b) a determination that an online content service is, at or after a specified time or for a specified period, taken to be, or not to be, the same online content service as a particular online content service at a specified time or for a specified period;
(c) a determination that 2 or more online content services are taken to be a single online content service;
(d) a determination that specified parts of an online content service are taken to be separate online content services;
(e) a determination that an online content service is taken to be, or not to be, a major SVOD service for one or more specified SVOD reporting years;
(f) a determination that an online content service is taken to be, or not to be, a regulated SVOD service for one or more specified SVOD reporting years;
(g) a determination that specified expenditure is taken to have been incurred, or not to have been incurred, by a specified online content service;
(h) a determination that specified revenue is taken to have been derived, or not to have been derived, by a specified online content service.
(4) A determination under subsection (2):
(a) may have effect on, at or after a specified time (which may be before the determination is made), or for a specified period (which may begin before the determination is made); and
(b) may relate to circumstances that existed, or an event that occurred, before the commencement of this Part.
(5) A determination under subsection (2) that has effect before the determination is made does not result in:
(a) a person being liable for a civil penalty order in relation to a contravention of subsection 121FZJ(1) for a current year (within the meaning of that subsection) that ends before the determination is made; or
(b) a person being liable for a civil penalty order in relation to a contravention of subsection 121FZP(1) or 121FZS(1) that occurs before the determination is made.
Determination has effect
(6) A determination under subsection (2) has effect accordingly.
Determination is not a legislative instrument
(7) A determination under subsection (2) is not a legislative instrument.
Review of this Part
(1) The Minister must cause a review to be conducted of:
(a) the operation, effectiveness and implications of:
(i) this Part; and
(ii) the remaining provisions of this Act to the extent to which they relate to this Part; and
(b) whether any changes could be made to this Part, or the provisions mentioned in subparagraph (a)(ii), in order to improve the operation and effectiveness of this Part or those provisions.
(2) The review must commence as soon as practicable after the end of the 4 year period starting on the day that this Part commences.
Report
(3) The persons undertaking the review must give the Minister a written report of the review. The report must not include information that is commercially sensitive.
(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sittings days of that House after receiving the report.
(1) The Minister may, by written notice given to the ACMA, request the ACMA to:
(a) prepare a report about any one or more of the following:
(i) SVOD services;
(ii) expenditure by SVOD services on eligible Australian programs;
(iii) the acquittal of expenditure requirements by SVOD services;
(iv) access to eligible Australian programs by users of SVOD services;
(v) developments in the SVOD service industry; and
(b) give the report to the Minister.
(2) The ACMA must comply with a request under subsection (1).
4 Subsection 204(1) (after table item dealing with Cancellation of an international broadcasting licence under section 121FLH)
Insert:
Refusal to determine that a program is an eligible program | Subsection 121FV(3) | A person whose interests are affected by the decision to refuse to make the determination |
Determination that a program is not an eligible program | Subsection 121FV(4) | A person whose interests are affected by the decision to make the determination |
Refusal to determine that a program is an eligible Australian program | Subsection 121FW(2) | A person whose interests are affected by the decision to refuse to make the determination |
Determination that a program is not an eligible Australian program | Subsection 121FW(3) | A person whose interests are affected by the decision to make the determination |
Determination that a person is a provider of an online content service | Subsection 121FZC(4) | A person whose interests are affected by the decision to make the determination |
Determination that one or more persons are providers of an online content service | Subsection 121FZC(5) or (6) | A person whose interests are affected by the decision to make the determination |
Determination that one or more persons are not providers of an online content service | Subsection 121FZC(7) | A person whose interests are affected by the decision to make the determination |
Refusal to determine that an amount is a qualifying expenditure amount of an online content service | Subsection 121FZF(1) | A person whose interests are affected by the decision to refuse to make the determination |
Determination that an amount is not a qualifying expenditure amount of an online content service | Subsection 121FZF(2) | A person whose interests are affected by the decision to make the determination |
Determination that an amount is total program expenditure for Australia of an online content service | Subsection 121FZF(3) | A person whose interests are affected by the decision to make the determination |
Refusal to determine that an amount is not total program expenditure for Australia of an online content service | Subsection 121FZF(4) | A person whose interests are affected by the decision to refuse to make the determination |
Determination that an amount is revenue derived by an online content service from Australia | Subsection 121FZF(5) | A person whose interests are affected by the decision to make the determination |
Refusal to determine that an amount is not revenue derived by an online content service from Australia | Subsection 121FZF(6) | A person whose interests are affected by the decision to refuse to make the determination |
Determination—anti‑avoidance | Subsection 121FZW(1) | A person whose interests are affected by the decision to make the determination |
Determination about online content services | Subsection 121FZX(2) | A person whose interests are affected by the decision to make the determination |
5 Subsection 205F(4)
After “74K(1),”, insert “121FZJ(1), 121FZP(1), 121FZS(1), 121FZT(3),”.
6 Subsection 205F(5)
After “74K(1)”, insert “, 121FZJ(1), 121FZP(1), 121FZS(1), 121FZT(3)”.
7 After subsection 205F(5AA)
Insert:
(5AAA) The pecuniary penalty payable by a person in respect of:
(a) a contravention of subsection 121FZP(1), 121FZS(1) or 121FZT(3); or
(b) a contravention of section 205E that relates to a contravention of subsection 121FZP(1), 121FZS(1) or 121FZT(3);
must not exceed:
(c) if the person is a body corporate—60 penalty units; or
(d) if the person is not a body corporate—12 penalty units.
(5AAB) The pecuniary penalty payable by a person in respect of:
(a) a contravention of subsection 121FZJ(1); or
(b) a contravention of section 205E that relates to a contravention of subsection 121FZJ(1);
must not exceed:
(c) if the person is a body corporate—whichever of the following is greatest:
(i) 10,000 penalty units;
(ii) if the Federal Court can determine the original expenditure requirement under subsection (5AAC) of this section in relation to the contravention—10 times that original expenditure requirement; or
(d) if the person is not a body corporate—2,000 penalty units.
(5AAC) For the purposes of subparagraph (5AAB)(c)(ii), the original expenditure requirement in relation to a contravention of subsection 121FZJ(1) by a provider of an online content service is the total of the service’s Australian content expenditure requirements (before any acquittal of those expenditure requirements) for each SVOD reporting year for which the service has a carried‑over expenditure requirement mentioned in paragraph 121FZJ(1)(a) or (b).
8 Paragraph 205F(6)(a)
Omit “121FJA(3) or 121FJD(3)”, substitute “121FJA(3), 121FJD(3), 121FZP(3), 121FZS(3) or 121FZT(5)”.
9 Subsection 205ZA(2)
Omit “74J(1) or 74K(1)”, substitute “74J(1), 74K(1), 121FZP(1), 121FZS(1) or 121FZT(3)”.
10 At the end of section 205ZA
Add:
(4) If an infringement notice given to a person relates to subsection 121FZP(1), 121FZS(1) or 121FZT(3), the penalty to be specified in the infringement notice must be a pecuniary penalty equal to:
(a) if the person is a body corporate—60 penalty units; or
(b) in any other case—12 penalty units.
11 Section 3 (subparagraph (b)(i) of the definition of authorised disclosure information)
After “7”, insert “, 8C”.
12 Paragraph 10(1)(a)
After “broadcasting video on demand services”, insert “, subscription video on demand services”.
13 Definitions
In this Part:
commencement day means the day this Schedule commences.
commencement year means the SVOD reporting year (within the meaning of Part 8C of the Broadcasting Services Act 1992) in which this Schedule commences.
online content service has the same meaning as in Part 8C of the Broadcasting Services Act 1992.
qualifying expenditure amount has the same meaning as in Part 8C of the Broadcasting Services Act 1992.
regulated SVOD service has the same meaning as in Part 8C of the Broadcasting Services Act 1992.
total program expenditure for Australia has the same meaning as in Part 8C of the Broadcasting Services Act 1992.
14 Transitional provision—major SVOD services and excluded services
In applying the following provisions of the Broadcasting Services Act 1992 in relation to the commencement year, have regard to the whole of the commencement year (including any part of the commencement year that is before the commencement day):
(a) section 121FY (major SVOD services);
(b) section 121FZ (excluded services).
15 Transitional provision—expenditure and revenue
(1) In working out, for the purposes of Part 8C of the Broadcasting Services Act 1992, any of the following for an online content service for the commencement year, have regard to expenditure incurred at any time in the commencement year (including any part of the commencement year that is before the commencement day):
(a) the service’s qualifying expenditure amount;
(b) the service’s total program expenditure for Australia.
(2) In working out, for the purposes of Part 8C of the Broadcasting Services Act 1992, the revenue derived by an online content service from Australia in the commencement year, have regard to revenue derived at any time in the commencement year (including any part of the commencement year that is before the commencement day).
16 Transitional provision—election of revenue method
If an online content service is a regulated SVOD service for the commencement year, then:
(a) to avoid doubt, the 3‑year period mentioned in paragraph 121FZM(2)(a) of the Broadcasting Services Act 1992 begins, for the service, on the first day of the commencement year; and
(b) the period of 60 days mentioned in paragraph 121FZM(3)(a) of that Act for that 3‑year period begins on the commencement day.
17 Transitional provision—notification requirement
If paragraphs 121FZQ(1)(a), (b) and (c) of the Broadcasting Services Act 1992 apply to a person on the commencement day, the period of 60 days mentioned in paragraph 121FZQ(2)(a) of that Act begins on the commencement day.
[Minister’s second reading speech made in—
House of Representatives on 6 November 2025
Senate on 26 November 2025]
(102/25)