Broadcasting
Services Act 1992
No. 110,
1992
Compilation No. 78
Compilation date: 25 March 2015
Includes amendments up to: Act No. 22, 2015
Registered: 23 April 2015
This compilation is in 2 volumes
Volume 1: sections 1–218
Schedules 1 and 2
Volume 2: Schedules 4–7
Endnotes
Each volume has its own contents
This compilation includes commenced amendments made by
Act No. 5, 2015
About this compilation
This compilation
This is a compilation of the Broadcasting Services Act 1992 that shows
the text of the law as amended and in force on 25 March 2015 (the compilation date).
This
compilation was prepared on 16 April 2015.
The notes at
the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of
uncommenced amendments is not shown in the text of the compiled law. Any
uncommenced amendments affecting the law are accessible on ComLaw
(www.comlaw.gov.au). The details of amendments made up to, but not commenced
at, the compilation date are underlined in the endnotes. For more information
on any uncommenced amendments, see the series page on ComLaw for the compiled
law.
Application, saving and transitional
provisions for provisions and amendments
If the
operation of a provision or amendment of the compiled law is affected by an
application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Modifications
If the compiled
law is modified by another law, the compiled law operates as modified but the
modification does not amend the text of the law. Accordingly, this compilation
does not show the text of the compiled law as modified. For more information on
any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision
of the compiled law has been repealed in accordance with a provision of the
law, details are included in the endnotes.
Contents
Schedule 4—Digital television
broadcasting 15
Part 1—Introduction 15
1............ Simplified outline of this
Schedule.................................................... 15
2............ Definitions........................................................................................ 15
4............ Digital mode...................................................................................... 18
4A......... HDTV digital mode.......................................................................... 18
4B......... SDTV digital mode........................................................................... 18
5............ Remote licence area........................................................................... 19
5A......... SDTV multi‑channelled commercial
television broadcasting service 19
5B......... HDTV multi‑channelled commercial
television broadcasting service 19
5C......... SDTV multi‑channelled national
television broadcasting service...... 20
5D......... HDTV multi‑channelled national
television broadcasting service..... 20
Part 3—ABC/SBS television 22
36.......... Digital transmitter not to be
used to provide a subscription television broadcasting service etc. 22
Part 4A—Restrictions on televising anti‑siphoning
events 23
Division 1—Commercial television broadcasting
services 23
41E........ SDTV multi‑channelled commercial
television broadcasting service—restrictions on televising anti‑siphoning
events.......................................................................................................... 23
41F........ HDTV multi‑channelled commercial
television broadcasting service—restrictions on televising anti‑siphoning
events.......................................................................................................... 24
41FA..... SDTV multi‑channelled commercial
television broadcasting service provided under a section 38C
licence—restrictions on televising anti‑siphoning events................................................... 26
41FB..... HDTV multi‑channelled commercial
television broadcasting service provided under a section 38C
licence—restrictions on televising anti‑siphoning events................................................... 27
41G....... Primary commercial television
broadcasting service......................... 29
Division 2—National television
broadcasting services 30
41K....... SDTV multi‑channelled national
television broadcasting service—restrictions on televising anti‑siphoning
events.......................................................................................................... 30
41L........ HDTV multi‑channelled national
television broadcasting service—restrictions on televising anti‑siphoning
events.......................................................................................................... 31
41LA..... SDTV multi‑channelled national
television broadcasting service provided with the use of a
satellite—restrictions on televising anti‑siphoning events........................................................ 33
41LB..... HDTV multi‑channelled national
television broadcasting service provided with the use of a
satellite—restrictions on televising anti‑siphoning events........................................................ 34
41M...... Primary national television
broadcasting service............................... 35
41N....... Primary satellite national
television broadcasting service.................. 36
Part 5—Transmitter access regime 37
42.......... Simplified outline.............................................................................. 37
43.......... Definitions........................................................................................ 38
43A....... Designated associated facilities......................................................... 38
44.......... Extended meaning of access.............................................................. 39
45.......... Access to broadcasting
transmission towers..................................... 39
45A....... Access to designated associated
facilities.......................................... 41
46.......... Access to sites of broadcasting
transmission towers......................... 43
47.......... Terms and conditions of access......................................................... 45
48.......... Code relating to access...................................................................... 47
49.......... Arbitration—acquisition of
property................................................. 47
50.......... Relationship between this Part
and the National Transmission Network Sale Act 1998 48
Part 6—Collection of datacasting charge 49
51.......... Collection of datacasting charge........................................................ 49
52.......... Cancellation of certain
exemptions from datacasting charge.............. 50
Part 10—Review of decisions 51
62.......... Review by the AAT.......................................................................... 51
63.......... Notification of decisions to
include notification of reasons and appeal rights 51
Schedule 5—Online services 52
Part 1—Introduction 52
2............ Simplified outline.............................................................................. 52
3............ Definitions........................................................................................ 53
5............ Internet content that consists
of a film............................................... 55
7............ Extended meaning of use.................................................................. 55
Part 2—Internet service providers 57
8............ Internet service providers.................................................................. 57
9............ Supply to the public.......................................................................... 57
Part 4—Complaints to, and investigations
by, the ACMA 59
Division 1—Making of complaints to the
ACMA 59
23.......... Complaints about breaches of
online provider rules etc.................... 59
24.......... Form of complaint............................................................................. 59
25.......... Residency etc. of complainant........................................................... 59
Division 2—Investigations by the ACMA 60
27.......... ACMA may investigate matters........................................................ 60
28.......... Conduct of investigations.................................................................. 60
29.......... Protection from civil
proceedings...................................................... 60
Division 4—Action to be taken in
relation to a complaint about prohibited content hosted outside Australia 61
40.......... Action to be taken in relation
to a complaint about prohibited content hosted outside Australia 61
41.......... Deferral of action in order to
avoid prejudicing a criminal investigation.. 63
42.......... Withdrawal of notification of
content—reclassification of internet content 63
43.......... Withdrawal of notification of
content—reclassification of internet content that consists of a film or a
computer game.......................................................................................................... 64
44.......... Revocation of standard access‑prevention
notice—reclassification of internet content 65
45.......... Revocation of standard access‑prevention
notice—reclassification of internet content that consists of a film or a
computer game.................................................................................................. 66
46.......... Anti‑avoidance—notified internet
content......................................... 66
47.......... Anti‑avoidance—special access‑prevention
notice............................ 67
48.......... Compliance with access‑prevention
notices...................................... 68
49.......... Notification of internet content.......................................................... 69
50.......... Application of notifications
under this Division................................ 69
51.......... ACMA may be taken to have issued
access‑prevention notices........ 69
Part 5—Industry codes and industry
standards 71
Division 1—Simplified outline 71
52.......... Simplified outline.............................................................................. 71
Division 2—Interpretation 72
53.......... Industry codes................................................................................... 72
54.......... Industry standards............................................................................. 72
55.......... Internet activity.................................................................................. 72
56.......... Section of the internet industry.......................................................... 72
57.......... Participants in a section of the
internet industry................................ 72
58.......... Designated body............................................................................... 72
Division 3—General principles relating
to industry codes and industry standards 73
59.......... Statement of regulatory policy........................................................... 73
60.......... Matters that must be dealt with
by industry codes and industry standards 73
61.......... Industry codes and industry
standards not to deal with certain matters 77
Division 4—Industry codes 78
62.......... Registration of industry codes........................................................... 78
63.......... ACMA may request codes................................................................ 80
64.......... Publication of notice where no
body or association represents a section of the internet industry 81
65.......... Replacement of industry codes.......................................................... 81
66.......... Compliance with industry codes....................................................... 81
67.......... Formal warnings—breach of
industry codes.................................... 82
Division 5—Industry standards 83
68.......... ACMA may determine an industry
standard if a request for an industry code is not complied with 83
69.......... ACMA may determine industry
standard where no industry body or association formed 84
70.......... ACMA may determine industry
standards—total failure of industry codes 85
71.......... ACMA may determine industry
standards—partial failure of industry codes 86
72.......... Compliance with industry
standards................................................. 88
73.......... Formal warnings—breach of
industry standards.............................. 88
74.......... Variation of industry standards......................................................... 88
75.......... Revocation of industry standards...................................................... 88
77.......... Consultation with designated
body................................................... 89
Division 6—Register of industry codes
and industry standards 90
78.......... ACMA to maintain Register of
industry codes and industry standards 90
Part 6—Online provider rules 91
79.......... Online provider rules........................................................................ 91
80.......... Online provider determinations......................................................... 91
81.......... Exemptions from online provider
determinations.............................. 92
82.......... Compliance with online provider
rules.............................................. 92
83.......... Remedial directions—breach of online
provider rules....................... 93
84.......... Formal warnings—breach of online
provider rules........................... 94
85.......... Federal Court may order a person
to cease supplying internet carriage services 94
Part 7—Offences 95
86.......... Continuing offences.......................................................................... 95
87.......... Conduct by directors, employees
and agents..................................... 95
Part 8—Protection from civil and
criminal proceedings 98
88.......... Protection from civil
proceedings—internet service providers.......... 98
Part 9—Operation of State and Territory
laws etc. 99
90.......... Concurrent operation of State
and Territory laws.............................. 99
91.......... Liability of internet content
hosts and internet service providers under State and Territory laws etc. 99
Part 10—Review of decisions 101
92.......... Review by the AAT........................................................................ 101
93.......... Notification of decisions to
include notification of reasons and appeal rights 101
Part 11—Miscellaneous 103
94.......... Additional ACMA functions.......................................................... 103
96.......... Schedule not to affect performance
of State or Territory functions. 103
Schedule 6—Datacasting services 104
Part 1—Introduction 104
1............ Simplified outline............................................................................ 104
2............ Definitions...................................................................................... 105
2A......... Designated datacasting service........................................................ 108
3............ Educational programs...................................................................... 109
4............ Information‑only programs............................................................. 109
5............ Foreign‑language news or
current affairs programs........................ 112
6............ Datacasting content is taken
not to be a television program or a radio program etc. 112
Part 2—Datacasting licences 113
7............ Allocation of datacasting
licence..................................................... 113
8............ When datacasting licence must
not be allocated............................... 113
9............ Unsuitable applicant........................................................................ 113
10.......... Transfer of datacasting licences....................................................... 114
11.......... Surrender of datacasting
licences.................................................... 115
12.......... ACMA to maintain Register of
datacasting licences that are not restricted datacasting licences 115
12A....... ACMA to maintain Register of
restricted datacasting licences........ 115
Part 3—Conditions of datacasting
licences 116
Division 1—Genre conditions 116
13.......... Category A television programs...................................................... 116
14.......... Condition relating to category A
television programs..................... 117
15.......... Category B television programs...................................................... 118
16.......... Condition relating to category B
television programs...................... 119
17.......... Genre conditions do not apply to
Parliamentary proceedings etc.... 121
18.......... Genre conditions do not apply to
matter that consists of no more than text or still visual images etc. 121
18A....... Genre conditions do not apply to
advertising or sponsorship material 122
19.......... Genre conditions do not apply to
interactive computer games......... 122
20.......... Genre conditions do not apply to
internet carriage services or ordinary email 122
20AA.... Genre conditions do not apply to
certain content copied from the internet 123
Division 2—Audio content condition 124
21.......... Audio content condition.................................................................. 124
22.......... Audio content condition does not
apply to Parliamentary proceedings etc. 125
23.......... Audio content condition does not
apply to matter that consists of no more than text or still visual images etc. 126
23A....... Audio content condition does not
apply to advertising or sponsorship material 126
Division 2A—Genre conditions: anti‑avoidance 127
23B....... Anti‑avoidance—declared internet
carriage services....................... 127
Division 3—Other conditions 128
24.......... General conditions.......................................................................... 128
24A....... Special conditions for restricted
datacasting licences....................... 130
25.......... Suitability condition........................................................................ 130
26.......... Additional conditions imposed by
the ACMA................................ 131
27.......... Restricted access system................................................................. 133
Division 4—Exemption orders for content
copied from the internet 134
27A....... Exemption orders in relation to
content copied from the internet..... 134
Part 4—Codes of practice 135
28.......... Development of codes of practice................................................... 135
30.......... ACMA to maintain Register of
codes of practice............................ 138
31.......... ACMA may determine standards
where codes of practice fail or where no code of practice developed 139
32.......... Consultation on standards............................................................... 139
33.......... Notification of determination or
variation or revocation of standards 139
34.......... Limitation of ACMA’s power in
relation to standards.................... 140
35.......... This Part does not apply to
internet carriage services or ordinary email 140
35A....... This Part does not apply to the
ABC or SBS.................................. 140
Part 5—Complaints to the ACMA about
datacasting services 141
36.......... Complaints about offences or breach
of licence conditions............. 141
37.......... Complaints under codes of
practice................................................. 141
38.......... Investigation of complaints by
the ACMA..................................... 142
Part 6—Control of datacasting
transmitter licences 143
41.......... Datacasting transmitter licences
not to be controlled by ABC or SBS 143
Part 7—Nominated datacaster declarations 144
42.......... Object of this Part........................................................................... 144
43.......... Datacasting transmitter licence........................................................ 144
44.......... Applications for nominated
datacaster declarations......................... 144
45.......... Making a nominated datacaster
declaration..................................... 145
46.......... Effect of nominated datacaster
declaration....................................... 145
47.......... Revocation of nominated
datacaster declaration.............................. 146
48.......... Register of nominated datacaster
declarations................................. 147
Part 8—Remedies for breaches of
licensing provisions 149
Division 1—Providing a designated
datacasting service without a licence 149
49.......... Prohibition on providing a
designated datacasting service without a licence 149
50.......... Remedial directions—unlicensed
datacasting services.................... 149
51.......... Exemption for broadcasting
licensees etc........................................ 151
51A....... Exemption for designated teletext
services...................................... 151
Division 2—Breaches of licence
conditions 152
52.......... Offence for breach of conditions..................................................... 152
52A....... Civil penalty provision relating
to breach of conditions of datacasting licences 152
53.......... Remedial directions—breach of
conditions..................................... 153
54.......... Suspension and cancellation............................................................ 154
55.......... Injunctions...................................................................................... 155
56.......... Federal Court’s powers relating
to injunctions................................ 156
57.......... Stay of proceedings relating to
additional licence conditions, remedial directions and suspension/cancellation
decisions........................................................................................................ 158
Part 9—Review of decisions 160
58.......... Review by the Administrative
Appeals Tribunal............................. 160
59.......... Notification of decisions to
include notification of reasons and appeal rights 161
Schedule 7—Content services 162
Part 1—Introduction 162
1............ Simplified outline............................................................................ 162
2............ Definitions...................................................................................... 164
3............ Australian connection...................................................................... 174
4............ Hosting service............................................................................... 175
5............ Content service provider................................................................. 175
6............ When content is provided by a
content service................................ 176
7............ When content service is
provided to the public etc.......................... 176
8............ Links to content............................................................................... 176
9............ Services supplied by way of a
voice call or video call..................... 176
9A......... Ancillary subscription television
content service............................. 177
10.......... Classification of live content
etc...................................................... 178
11.......... Eligible electronic publication.......................................................... 179
12.......... Re‑transmitted broadcasting
services.............................................. 179
13.......... Re‑transmitted datacasting
services................................................. 180
14.......... Restricted access system................................................................. 180
15.......... R 18+ content and MA 15+ content................................................ 181
16.......... Content that consists of a film......................................................... 182
17.......... Extended meaning of use................................................................ 182
18.......... Trained content assessor................................................................. 182
19.......... Extra‑territorial application.............................................................. 183
Part 2—Classification of content 184
Division 1—Prohibited content and
potential prohibited content 184
20.......... Prohibited content........................................................................... 184
21.......... Potential prohibited content............................................................. 185
Division 2—Classification of content 187
22.......... Applications for classification
of content........................................ 187
23.......... Classification of content.................................................................. 188
24.......... Classification of content that
consists of a film, a computer game or an eligible electronic publication 188
25.......... Classification of content that
does not consist of a film, a computer game or an eligible electronic
publication 189
26.......... Deemed classification of content
classified under Schedule 5......... 190
27.......... Fees................................................................................................. 190
Division 3—Reclassification 192
28.......... Reclassification of content............................................................... 192
29.......... Notice of intention to
reclassify content.......................................... 192
Division 4—Review of classification
decisions 194
Subdivision A—Review of classification of
content 194
30.......... Persons who may apply for review................................................. 194
31.......... Applications for review................................................................... 195
32.......... Classification Review Board may
refuse to deal with review applications that are frivolous etc. 196
33.......... Review............................................................................................ 196
Subdivision B—Review of content that consists
of a film or a computer game 197
34.......... Review of classification of
content that consists of a film or a computer game 197
Subdivision C—Review of content that consists
of an eligible electronic publication 197
35.......... Review of classification of
content that consists of an eligible electronic publication 197
Division 5—Miscellaneous 199
36.......... Decisions of the Classification
Board etc........................................ 199
Part 3—Complaints to, and investigations
by, the ACMA 200
Division 1—Making of complaints to the
ACMA 200
37.......... Complaints about prohibited
content or potential prohibited content 200
38.......... Complaints relating to breach of
a designated content/hosting service provider rule etc. 202
39.......... Form of complaint........................................................................... 202
40.......... Recordings of live content............................................................... 203
41.......... Residency etc. of complainant......................................................... 203
42.......... Escalation of complaints made
under industry codes etc................. 204
Division 2—Investigations by the ACMA 205
44.......... ACMA may investigate matters...................................................... 205
45.......... Conduct of investigations................................................................ 205
46.......... Protection from civil proceedings.................................................... 206
Division 3—Action to be taken in
relation to hosting services 207
47.......... Action to be taken in relation
to hosting services............................ 207
48.......... Revocation of interim take‑down
notices—voluntary withdrawal of content 211
49.......... Revocation of final take‑down
notices—reclassification of content 212
50.......... Revocation of final take‑down
notices—reclassification of content that consists of a film or a computer game 212
51.......... Revocation of final take‑down
notices—reclassification of a corresponding print publication 213
52.......... Anti‑avoidance—special take‑down
notices.................................... 213
53.......... Compliance with rules relating
to prohibited content etc................. 215
54.......... Identification of content................................................................... 216
55.......... Application of notices under this
Division...................................... 216
Division 4—Action to be taken in
relation to live content services 217
56.......... Action to be taken in relation
to live content services...................... 217
57.......... Undertaking—alternative to
service‑cessation notice...................... 220
58.......... Revocation of service‑cessation
notices—undertaking.................... 221
59.......... Revocation of final service‑cessation
notices—reclassification of content 221
59A....... Anti‑avoidance—special service‑cessation
notices.......................... 222
60.......... Compliance with rules relating
to prohibited content etc................. 223
61.......... Identification of content................................................................... 224
Division 5—Action to be taken in
relation to links services 225
62.......... Action to be taken in relation
to links services................................ 225
63.......... Revocation of interim link‑deletion
notices—voluntary deletion of link 229
64.......... Revocation of final link‑deletion
notices—reclassification of content 230
65.......... Revocation of final link‑deletion
notices—reclassification of content that consists of a film or a computer game 230
66.......... Revocation of final link‑deletion
notices—reclassification of a corresponding print publication 231
67.......... Anti‑avoidance—special link‑deletion
notices................................. 231
68.......... Compliance with rules relating
to prohibited content etc................. 233
Division 6—Law enforcement agencies 235
69.......... Referral of matters to law
enforcement agencies............................. 235
70.......... Deferral of action in order to
avoid prejudicing a criminal investigation—hosting services 236
71.......... Deferral of action in order to
avoid prejudicing a criminal investigation—live content services 236
72.......... Deferral of action in order to
avoid prejudicing a criminal investigation—links services 237
Part 4—Industry codes and industry
standards 238
Division 1—Simplified outline 238
73.......... Simplified outline............................................................................ 238
Division 2—Interpretation 239
74.......... Industry codes................................................................................. 239
75.......... Industry standards........................................................................... 239
76.......... Content activity............................................................................... 239
77.......... Sections of the content industry...................................................... 239
78.......... Participants in a section of the
content industry............................... 240
79.......... Designated body............................................................................. 240
Division 3—General principles relating
to industry codes and industry standards 241
80.......... Statement of regulatory policy......................................................... 241
81.......... Matters that must be dealt with
by industry codes and industry standards—commercial content providers 241
82.......... Examples of matters that may be
dealt with by industry codes and industry standards 243
83.......... Escalation of complaints.................................................................. 245
84.......... Collection of personal
information.................................................. 245
Division 4—Industry codes 247
85.......... Registration of industry codes......................................................... 247
86.......... ACMA may request codes.............................................................. 248
87.......... Publication of notice where no
body or association represents a section of the content industry 249
88.......... Replacement of industry codes........................................................ 250
89.......... Compliance with industry codes..................................................... 250
90.......... Formal warnings—breach of
industry codes.................................. 250
Division 5—Industry standards 251
91.......... ACMA may determine an industry
standard if a request for an industry code is not complied with 251
92.......... ACMA may determine industry
standard where no industry body or association formed 252
93.......... ACMA may determine industry
standards—total failure of industry codes 253
94.......... ACMA may determine industry
standards—partial failure of industry codes 254
95.......... Compliance with industry
standards............................................... 256
96.......... Formal warnings—breach of
industry standards............................ 256
97.......... Variation of industry standards....................................................... 256
98.......... Revocation of industry standards.................................................... 256
99.......... Public consultation on industry
standards....................................... 257
100........ Consultation with designated body................................................. 257
Division 6—Register of industry codes
and industry standards 258
101........ ACMA to maintain Register of
industry codes and industry standards 258
Division 7—Miscellaneous 259
102........ Industry codes may provide for
matters by reference to other instruments 259
103........ Industry standards may provide
for matters by reference to other instruments 259
Part 5—Designated content/hosting
service provider determinations 260
104........ Designated content/hosting
service provider determinations........... 260
105........ Exemptions from designated content/hosting
service provider determinations 261
Part 6—Enforcement 262
106........ Compliance with designated
content/hosting service provider rules—offence 262
107........ Compliance with designated
content/hosting service provider rules—civil penalty provision 262
108........ Remedial directions—breach of
designated content/hosting service provider rules 263
109........ Formal warnings—breach of
designated content/hosting service provider rules 264
110........ Federal Court may order a person
to cease providing designated content/hosting services 264
Part 7—Protection from civil and
criminal proceedings 265
111........ Protection from civil
proceedings—service providers..................... 265
112........ Protection from criminal proceedings—ACMA,
Classification Board and Classification Review Board 265
Part 8—Review of decisions 267
113........ Review by the Administrative
Appeals Tribunal............................. 267
Part 9—Miscellaneous 270
114........ Additional ACMA functions.......................................................... 270
115........ Recordings of content etc................................................................ 270
116........ Samples of content to be
submitted for classification...................... 271
117........ Service of summons, process or notice
on corporations incorporated outside Australia 271
117A..... Meaning of broadcasting service.................................................... 272
119........ This Schedule does not limit
Schedule 5......................................... 272
120........ This Schedule does not limit the Telecommunications
Act 1997..... 272
121........ Implied freedom of political
communication................................... 272
122........ Concurrent operation of State and
Territory laws............................ 273
123........ Schedule not to affect
performance of State or Territory functions. 273
Endnotes 274
Endnote 1—About the endnotes 274
Endnote 2—Abbreviation key 275
Endnote 3—Legislation history 276
Endnote 4—Amendment history 291
Endnote 5—Misdescribed amendments 354
Broadcasting and Other Legislation Amendment
(Deregulation) Act 2015 (No. 22, 2015) 354
Schedule 4—Digital television broadcasting
Note: See section 216A.
Part 1—Introduction
1 Simplified outline of this
Schedule
National broadcasters
who operate a transmitter are subject to restrictions regarding the services
that may be transmitted in digital mode using the transmitter.
Commercial television
licensees and national broadcasters who provide SDTV or HDTV multi‑channelled
television broadcasting services are subject to restrictions regarding the
televising of anti‑siphoning events and parts of anti‑siphoning events.
Owners and operators
of broadcasting transmission towers must give digital broadcasters and
datacasters access to the towers for the purposes of installing or maintaining
digital transmitters. Applications to the AAT for review of a decision
regarding access may be made by the person seeking access, or by the owner or
operator of the facility to which access is sought.
An ACMA determination
determines when charge imposed by the Datacasting Charge (Imposition Act)
1998 is due and payable. The ACMA may also impose a late payment penalty.
2 Definitions
In this Schedule,
unless the contrary intention appears:
AAT
means the Administrative Appeals Tribunal.
broadcasting transmission tower means:
(a) a tower; or
(b) a pole; or
(c) a mast; or
(d) a similar
structure;
used to supply:
(e) a broadcasting
service by means of radiocommunications using the broadcasting services bands;
or
(f) a datacasting
service provided under, and in accordance with the conditions of, a datacasting
licence.
coverage area means:
(a) a metropolitan
coverage area; or
(b) a regional
coverage area.
HDTV digital mode has the meaning given by clause 4A.
HDTV multi‑channelled commercial
television broadcasting service has the meaning
given by clause 5B.
HDTV multi‑channelled national
television broadcasting service has the meaning
given by clause 5D.
licence area means a licence area for a commercial television broadcasting
licence.
metropolitan coverage area means an area that corresponds to a metropolitan licence area.
metropolitan licence area means a licence area in which is situated the General Post Office
of the capital city of:
(a) New South Wales;
or
(b) Victoria; or
(c) Queensland; or
(d) Western
Australia; or
(e) South Australia;
but does not include the licence area of
a commercial television broadcasting licence allocated under section 38c.
national broadcasting service does not include a broadcasting service provided under the Parliamentary
Proceedings Broadcasting Act 1946.
national television broadcasting
service means a national broadcasting service
that provides television programs.
news or current affairs program means any of the following:
(a) a news bulletin;
(b) a sports news
bulletin;
(c) a program
(whether presenter‑based or not) whose sole or dominant purpose is to provide
analysis, commentary or discussion principally designed to inform the general
community about social, economic or political issues of current relevance to
the general community.
primary commercial television
broadcasting service, in relation to a
commercial television broadcasting licence, has the meaning given by clause 41G.
primary national television
broadcasting service, in relation to a national
broadcaster, has the meaning given by clause 41M.
primary satellite national
television broadcasting service, in relation to
a national broadcaster, has the meaning given by clause 41N.
radiocommunication has the same meaning as in the Radiocommunications Act 1992.
regional coverage area means an area that corresponds to a regional licence area.
regional licence area means a licence area that is not a metropolitan licence area, but
does not include the licence area of a commercial television broadcasting
licence allocated under section 38c.
remote coverage area means an area that corresponds to a remote licence area.
remote licence area has the meaning given by clause 5.
satellite delivery area means an area that corresponds to the licence area of a commercial
television broadcasting licence allocated under section 38c.
SDTV digital mode has the meaning given by clause 4B.
SDTV multi‑channelled commercial
television broadcasting service has the meaning
given by clause 5A.
SDTV multi‑channelled national
television broadcasting service has the meaning
given by clause 5c.
television broadcasting service means:
(a) a commercial
television broadcasting service; or
(b) a national
television broadcasting service.
transmitter licence has the same meaning as in the Radiocommunications Act 1992.
4 Digital mode
For the purposes of
this Schedule, a program or service is broadcast or transmitted in digital
mode if the program or service is broadcast or transmitted using a
digital modulation technique.
4A HDTV digital mode
For the purposes of
this Schedule, a television program or a television broadcasting service is
broadcast or transmitted in HDTV digital mode if the program or
service is broadcast or transmitted in digital mode in a high definition
format.
4B SDTV digital mode
For the purposes of
this Schedule, a program or a television broadcasting service is broadcast or
transmitted in SDTV digital mode if the program or
service is broadcast or transmitted in digital mode in a standard definition
format.
5 Remote licence area
(1) The ACMA may, by legislative
instrument, determine that a specified licence area is a remote licence
area for the purposes of this Schedule.
(1A) Subclause (1) does
not apply to the licence area of a commercial television broadcasting licence
allocated under section 38c.
(2) A determination under
this clause has effect accordingly.
5A SDTV multi‑channelled commercial
television broadcasting service
For the purposes of
this Schedule, a commercial television broadcasting service is a SDTV
multi‑channelled commercial television broadcasting service if:
(a) the service is
provided by a commercial television broadcasting licensee; and
(b) the service is
transmitted in SDTV digital mode:
(i) using
multi‑channelling transmission capacity; or
(ii) with
the use of a satellite; and
(c) the service is
promoted as a service that is distinct from any other commercial television
broadcasting service provided by the licensee.
5B HDTV multi‑channelled commercial
television broadcasting service
For the purposes of
this Schedule, a commercial television broadcasting service is a HDTV
multi‑channelled commercial television broadcasting service if:
(a) the service is
provided by a commercial television broadcasting licensee; and
(b) the service is
transmitted in HDTV digital mode:
(i) using
multi‑channelling transmission capacity; or
(ii) with
the use of a satellite; and
(c) the service is
promoted as a service that is distinct from any other commercial television
broadcasting service provided by the licensee.
5C SDTV multi‑channelled national
television broadcasting service
(1) For the purposes of this
Schedule, a national television broadcasting service is a SDTV multi‑channelled
national television broadcasting service if:
(a) the service is
provided by:
(i) the
Australian Broadcasting Corporation in accordance with section 6 of the Australian
Broadcasting Corporation Act 1983; or
(ii) the
Special Broadcasting Service Corporation in accordance with section 6 of
the Special Broadcasting Service Act 1991; and
(b) the service is
transmitted in SDTV digital mode:
(i) using
multi‑channelling transmission capacity; or
(ii) with
the use of a satellite; and
(c) the service is
promoted as a service that is distinct from any other national television
broadcasting service provided by the Corporation concerned; and
(d) the Corporation
concerned has given the Minister a written notice electing that this subclause
apply to the service.
(4) Paragraph (1)(d)
does not apply to a national television broadcasting service provided with the
use of a satellite.
5D HDTV multi‑channelled
national television broadcasting service
For the purposes of
this Schedule, a national television broadcasting service is a HDTV multi‑channelled
national television broadcasting service if:
(a) the service is
provided by:
(i) the
Australian Broadcasting Corporation in accordance with section 6 of the Australian
Broadcasting Corporation Act 1983; or
(ii) the
Special Broadcasting Service Corporation in accordance with section 6 of
the Special Broadcasting Service Act 1991; and
(b) the service is
transmitted in HDTV digital mode:
(i) using
multi‑channelling transmission capacity; or
(ii) with
the use of a satellite; and
(c) the service is
promoted as a service that is distinct from any other national television
broadcasting service provided by the Corporation concerned.
Part 3—ABC/SBS television
36 Digital transmitter not to be
used to provide a subscription television broadcasting service etc.
If a national
broadcaster holds a transmitter licence that authorises the operation of a
transmitter for transmitting national television broadcasting services in
digital mode, the national broadcaster must not operate, or permit the
operation of, that transmitter to transmit in digital mode:
(a) a commercial
broadcasting service that provides radio programs; or
(b) a subscription
radio broadcasting service; or
(c) a subscription
television broadcasting service; or
(d) a subscription
radio narrowcasting service; or
(e) a subscription
television narrowcasting service; or
(f) an open
narrowcasting radio service; or
(g) an open
narrowcasting television service.
Part 4A—Restrictions on televising anti‑siphoning events
Division 1—Commercial television broadcasting services
41E SDTV multi‑channelled commercial
television broadcasting service—restrictions on televising anti‑siphoning
events
Scope
(1) This clause applies to a
commercial television broadcasting licensee if the licensee provides:
(a) a SDTV multi‑channelled
commercial television broadcasting service that is the licensee’s primary
commercial television broadcasting service in the licence area of the licence;
and
(b) one or more other
SDTV multi‑channelled commercial television broadcasting services (the secondary
commercial television broadcasting services) in that licence area.
Televising the whole of an anti‑siphoning
event
(2) The licensee must not
televise on a secondary commercial television broadcasting service in the
licence area the whole of an anti‑siphoning event unless:
(a) the licensee has
previously televised in the licence area the whole of the event on the
licensee’s primary commercial television broadcasting service; or
(b) the licensee will
televise simultaneously in the licence area the whole of the event on both:
(i) the
licensee’s primary commercial television broadcasting service; and
(ii) the
secondary commercial television broadcasting service.
Televising a part of an anti‑siphoning
event
(3) The licensee must not televise
on a secondary commercial television broadcasting service in the licence area a
part of an anti‑siphoning event unless:
(a) the licensee has
previously televised in the licence area the part of the event on the
licensee’s primary commercial television broadcasting service; or
(b) the licensee will
televise simultaneously in the licence area the part of the event on both:
(i) the
licensee’s primary commercial television broadcasting service; and
(ii) the
secondary commercial television broadcasting service; or
(c) the licensee
televises the part of the event in a news or current affairs program broadcast
on the secondary commercial television broadcasting service.
Note 1: For primary commercial
television broadcasting service, see subclause 41G(2).
Note 2: For anti‑siphoning event,
see subsection 6(1).
Licences allocated under section 38C
(4) This clause does not
apply in relation to a licence allocated under section 38c.
41F HDTV multi‑channelled commercial
television broadcasting service—restrictions on televising anti‑siphoning
events
Scope
(1) This clause applies to a
commercial television broadcasting licensee.
Televising the whole of an anti‑siphoning
event
(2) The licensee must not
televise on a HDTV multi‑channelled commercial television broadcasting service in
the licence area of the licence, the whole of an anti‑siphoning event unless:
(a) the licensee has
previously televised in the licence area the whole of the event on the
licensee’s primary commercial television broadcasting service; or
(b) the licensee will
televise simultaneously in the licence area the whole of the event on both:
(i) the
licensee’s primary commercial television broadcasting service; and
(ii) the
HDTV multi‑channelled commercial television broadcasting service.
Televising a part of an anti‑siphoning
event
(3) The licensee must not
televise on a HDTV multi‑channelled commercial television broadcasting service in
the licence area of the licence, a part of an anti‑siphoning event unless:
(a) the licensee has
previously televised in the licence area the part of the event on the
licensee’s primary commercial television broadcasting service; or
(b) the licensee will
televise simultaneously in the licence area the part of the event on both:
(i) the
licensee’s primary commercial television broadcasting service; and
(ii) the
HDTV multi‑channelled commercial television broadcasting service; or
(c) the licensee
televises the part of the event in a news or current affairs program broadcast
on the HDTV multi‑channelled commercial television broadcasting service.
Note 1: For primary commercial
television broadcasting service, see subclause 41G(2).
Note 2: For anti‑siphoning event,
see subsection 6(1).
Licences allocated under section 38C
(4) This clause does not
apply in relation to a licence allocated under section 38c.
41FA SDTV multi‑channelled
commercial television broadcasting service provided under a section 38C
licence—restrictions on televising anti‑siphoning events
Scope
(1) This clause applies to a
commercial television broadcasting licensee if:
(a) the licence was
allocated under section 38C; and
(b) the licensee
provides:
(i) a
SDTV multi‑channelled commercial television broadcasting service that is one of
the licensee’s primary commercial television broadcasting services in the
licence area; and
(ii) one
or more SDTV multi‑channelled commercial television broadcasting services that
are not the licensee’s primary commercial television broadcasting services (the
secondary commercial television broadcasting services) in the
licence area.
Televising the whole of an anti‑siphoning
event
(2) The licensee must not
televise on a secondary commercial television broadcasting service in the
licence area the whole of an anti‑siphoning event unless:
(a) the licensee has
previously televised in the licence area the whole of the event on one or more
of the licensee’s primary commercial television broadcasting services; or
(b) the licensee will
televise simultaneously in the licence area the whole of the event on:
(i) one
or more of the licensee’s primary commercial television broadcasting services;
and
(ii) the
secondary commercial television broadcasting service.
Televising a part of an anti‑siphoning
event
(3) The licensee must not
televise on a secondary commercial television broadcasting service in the
licence area a part of an anti‑siphoning event unless:
(a) the licensee has
previously televised in the licence area the part of the event on one or more
of the licensee’s primary commercial television broadcasting services; or
(b) the licensee will
televise simultaneously in the licence area the part of the event on:
(i) one
or more of the licensee’s primary commercial television broadcasting service;
and
(ii) the
secondary commercial television broadcasting service; or
(c) the licensee
televises the part of the event in a news or current affairs program broadcast
on the secondary commercial television broadcasting service.
Note 1: For primary commercial
television broadcasting service, see subclause 41G(3).
Note 2: For anti‑siphoning event,
see subsection 6(1).
41FB HDTV multi‑channelled
commercial television broadcasting service provided under a section 38C
licence—restrictions on televising anti‑siphoning events
Scope
(1) This clause applies to a
commercial television broadcasting licensee if the licence was allocated under
section 38c.
Televising the whole of an anti‑siphoning
event
(2) The licensee must not
televise on a HDTV multi‑channelled commercial television broadcasting service
in the licence area the whole of an anti‑siphoning event unless:
(a) the licensee has
previously televised in the licence area the whole of the event on one or more
of the licensee’s primary commercial television broadcasting services; or
(b) the licensee will
televise simultaneously in the licence area the whole of the event on:
(i) one
or more of the licensee’s primary commercial television broadcasting services;
and
(ii) the
HDTV multi‑channelled commercial television broadcasting service.
Televising a part of an anti‑siphoning
event
(3) The licensee must not
televise on a HDTV multi‑channelled commercial television broadcasting service
in the licence area a part of an anti‑siphoning event unless:
(a) the licensee has
previously televised in the licence area the part of the event on one or more
of the licensee’s primary commercial television broadcasting services; or
(b) the licensee will
televise simultaneously in the licence area the part of the event on:
(i) one
or more of the licensee’s primary commercial television broadcasting services;
and
(ii) the
HDTV multi‑channelled commercial television broadcasting service; or
(c) the licensee
televises the part of the event in a news or current affairs program broadcast
on the HDTV multi‑channelled commercial television broadcasting service.
Note 1: For primary commercial
television broadcasting service, see subclause 41G(3).
Note 2: For anti‑siphoning event,
see subsection 6(1).
41G Primary commercial television
broadcasting service
(2) The ACMA may, by
legislative instrument, declare that a specified SDTV multi‑channelled
commercial television broadcasting service provided by a commercial television
broadcasting licensee for the licence area of the licence is the licensee’s primary
commercial television broadcasting service in the licence area.
(3) The ACMA must ensure
that a declaration under subclause (2) is in force at all times after the
licensee commences to provide a SDTV multi‑channelled commercial television
broadcasting service in the licence area.
Service provided under a section 38C
licence
(4) The ACMA may, by
legislative instrument, declare that one or more specified SDTV multi‑channelled
commercial television broadcasting services provided by a commercial television
broadcasting licensee whose licence was allocated under section 38C are
the licensee’s primary commercial television broadcasting services
in the licence area.
(5) The number of services
declared under subclause (4) in relation to a particular licensee must not
exceed 3.
(6) The ACMA must ensure
that a declaration under subclause (4) is in force at all times for the
licence area concerned.
Division 2—National television broadcasting services
41K SDTV multi‑channelled national
television broadcasting service—restrictions on televising anti‑siphoning
events
Scope
(1) This clause applies to a
national broadcaster if the national broadcaster provides:
(a) a SDTV multi‑channelled
national television broadcasting service that is the broadcaster’s primary
national television broadcasting service in a coverage area; and
(b) one or more other
SDTV multi‑channelled national television broadcasting services (the secondary
national television broadcasting services) in that coverage area.
Televising the whole of an anti‑siphoning
event
(2) The national broadcaster
must not televise on a secondary national television broadcasting service in
the coverage area the whole of an anti‑siphoning event unless:
(a) the national
broadcaster has previously televised in the coverage area the whole of the
event on the broadcaster’s primary national television broadcasting service; or
(b) the national
broadcaster will televise simultaneously in the coverage area the whole of the
event on both:
(i) the
broadcaster’s primary national television broadcasting service; and
(ii) the
secondary national television broadcasting service.
Televising a part of an anti‑siphoning
event
(3) The national broadcaster
must not televise on a secondary national television broadcasting service in
the coverage area a part of an anti‑siphoning event unless:
(a) the national
broadcaster has previously televised in the coverage area the part of the event
on the broadcaster’s primary national television broadcasting service; or
(b) the national
broadcaster will televise simultaneously in the coverage area the part of the
event on both:
(i) the
broadcaster’s primary national television broadcasting service; and
(ii) the
secondary national television broadcasting service; or
(c) the national
broadcaster televises the part of the event in a news or current affairs
program broadcast on the secondary national television broadcasting service.
Note 1: For primary national
television broadcasting service, see clause 41M.
Note 2: For anti‑siphoning event,
see subsection 6(1).
National television broadcasting
services provided with the use of a satellite
(4) This clause does not
apply in relation to national television broadcasting services provided with
the use of a satellite.
41L HDTV multi‑channelled national
television broadcasting service—restrictions on televising anti‑siphoning
events
Scope
(1) This clause applies to a
national broadcaster.
Televising the whole of an anti‑siphoning
event
(2) The national broadcaster
must not televise on a HDTV multi‑channelled national television broadcasting
service in a coverage area the whole of an anti‑siphoning event unless:
(a) the national
broadcaster has previously televised in the coverage area the whole of the
event on the broadcaster’s primary national television broadcasting service; or
(b) the national
broadcaster will televise simultaneously in the coverage area the whole of the
event on both:
(i) the
broadcaster’s primary national television broadcasting service; and
(ii) the
HDTV multi‑channelled national television broadcasting service.
Televising a part of an anti‑siphoning
event
(3) The national broadcaster
must not televise on a HDTV multi‑channelled national television broadcasting
service in a coverage area a part of an anti‑siphoning event unless:
(a) the national
broadcaster has previously televised in the coverage area the part of the event
on the broadcaster’s primary national television broadcasting service; or
(b) the national
broadcaster will televise simultaneously in the coverage area the part of the
event on both:
(i) the
broadcaster’s primary national television broadcasting service; and
(ii) the
HDTV multi‑channelled national television broadcasting service; or
(c) the national
broadcaster televises the part of the event in a news or current affairs
program broadcast on the HDTV multi‑channelled national television broadcasting
service.
Note 1: For primary national
television broadcasting service, see clause 41M.
Note 2: For anti‑siphoning event,
see subsection 6(1).
National television broadcasting
services provided with the use of a satellite
(4) This clause does not
apply in relation to national television broadcasting services provided with
the use of a satellite.
41LA SDTV multi‑channelled national
television broadcasting service provided with the use of a satellite—restrictions
on televising anti‑siphoning events
Scope
(1) This clause applies to a
national broadcaster if the national broadcaster provides, with the use of a
satellite:
(a) a SDTV multi‑channelled
national television broadcasting service that is the broadcaster’s primary
satellite national television broadcasting service in a satellite delivery
area; and
(b) one or more other
SDTV multi‑channelled national television broadcasting services (the secondary
national television broadcasting services) in the satellite delivery
area.
Televising the whole of an anti‑siphoning
event
(2) The national broadcaster
must not televise on a secondary national television broadcasting service in
the satellite delivery area the whole of an anti‑siphoning event unless:
(a) the national
broadcaster has previously televised in the satellite delivery area the whole
of the event on the broadcaster’s primary satellite national television
broadcasting service; or
(b) the national
broadcaster will televise simultaneously in the satellite delivery area the
whole of the event on both:
(i) the
broadcaster’s primary satellite national television broadcasting service; and
(ii) the
secondary national television broadcasting service.
Televising a part of an anti‑siphoning
event
(3) The national broadcaster
must not televise on a secondary national television broadcasting service in
the satellite delivery area a part of an anti‑siphoning event unless:
(a) the national
broadcaster has previously televised in the satellite delivery area the part of
the event on the broadcaster’s primary satellite national television
broadcasting service; or
(b) the national
broadcaster will televise simultaneously in the satellite delivery area the
part of the event on both:
(i) the
broadcaster’s primary satellite national television broadcasting service; and
(ii) the
secondary national television broadcasting service; or
(c) the national
broadcaster televises the part of the event in a news or current affairs
program broadcast on the secondary national television broadcasting service.
Note 1: For primary satellite
national television broadcasting service, see clause 41N.
Note 2: For anti‑siphoning event,
see subsection 6(1).
41LB HDTV multi‑channelled national
television broadcasting service provided with the use of a
satellite—restrictions on televising anti‑siphoning events
Scope
(1) This clause applies to a
national broadcaster if the national broadcaster provides, with the use of a
satellite, a HDTV multi‑channelled national television broadcasting service.
Televising the whole of an anti‑siphoning
event
(2) The national broadcaster
must not televise on the HDTV multi‑channelled national television broadcasting
service in a satellite delivery area the whole of an anti‑siphoning event unless:
(a) the national
broadcaster has previously televised in the satellite delivery area the whole
of the event on the broadcaster’s primary satellite national television
broadcasting service; or
(b) the national
broadcaster will televise simultaneously in the satellite delivery area the
whole of the event on both:
(i) the
broadcaster’s primary satellite national television broadcasting service; and
(ii) the
HDTV multi‑channelled national television broadcasting service.
Televising a part of an anti‑siphoning
event
(3) The national broadcaster
must not televise on the HDTV multi‑channelled national television broadcasting
service in a satellite delivery area a part of an anti‑siphoning event unless:
(a) the national
broadcaster has previously televised in the satellite delivery area the part of
the event on the broadcaster’s primary satellite national television
broadcasting service; or
(b) the national
broadcaster will televise simultaneously in the satellite delivery area the
part of the event on both:
(i) the
broadcaster’s primary satellite national television broadcasting service; and
(ii) the
HDTV multi‑channelled national television broadcasting service; or
(c) the national
broadcaster televises the part of the event in a news or current affairs
program broadcast on the HDTV multi‑channelled national television broadcasting
service.
Note 1: For primary satellite
national television broadcasting service, see clause 41N.
Note 2: For anti‑siphoning event,
see subsection 6(1).
41M Primary national television
broadcasting service
(1) A national broadcaster
must, by written notice given to the Minister, declare that a specified SDTV
multi‑channelled national television broadcasting service provided by the
national broadcaster in a specified coverage area is the broadcaster’s primary
national television broadcasting service in the coverage area.
(2) The national broadcaster
must ensure that a declaration under subclause (1) is in force at all
times, for the coverage area concerned.
41N Primary satellite national
television broadcasting service
Primary national television
broadcasting service
(1) A national broadcaster
must, by written notice given to the Minister, declare that a specified SDTV
multi‑channelled national television broadcasting service provided by the
national broadcaster, with the use of a satellite, in a specified satellite
delivery area is the broadcaster’s primary satellite national
television broadcasting service in the satellite delivery area.
(2) The national broadcaster
must ensure that a declaration under subclause (1):
(a) comes into force
as soon as practicable after the national broadcaster commences to provide a
SDTV multi‑channelled national television broadcasting service, with the use of
a satellite, in the satellite delivery area; and
(b) is in force at
all times after that commencement.
Part 5—Transmitter access regime
42 Simplified outline
The following is a
simplified outline of this Part:
• The owner
or operator of a broadcasting transmission tower or a designated associated
facility must provide:
(a) the
holder of a commercial television broadcasting licence; or
(b) a
national broadcaster;
with
access to the tower or facility.
• The owner
or operator of a broadcasting transmission tower or a designated associated
facility must provide a datacaster with access to the tower or facility.
• The owner
or operator of a broadcasting transmission tower must provide:
(a) the
holder of a commercial television broadcasting licence; or
(b) a
national broadcaster;
with
access to the site of the tower.
• The owner
or operator of a broadcasting transmission tower must provide a datacaster with access to the site of the tower.
43 Definitions
In
this Part:
ACCC
means the Australian Competition and Consumer Commission.
commercial television broadcasting
licence does not include a commercial
television broadcasting licence allocated under section 38c.
datacaster means a person who holds a datacasting transmitter licence.
datacasting transmitter licence does not include an authorisation under section 114 of the Radiocommunications
Act 1992.
designated associated facility has the meaning given by clause 43A.
facility includes apparatus, equipment, a structure, a line or an
electricity cable or wire.
site
means:
(a) land; or
(b) a building on
land; or
(c) a structure on
land.
43A Designated associated facilities
For the purposes of
this Part, a designated associated facility means any of the
following facilities:
(a) an antenna;
(b) a combiner;
(c) a feeder system;
(d) a facility of a
kind specified in the regulations;
where:
(e) the facility is,
or is to be, associated with a transmitter; and
(f) the facility is
used, or capable of being used, in connection with:
(i) the
transmission of a television broadcasting service in digital mode; or
(ii) the
provision of datacasting services in digital mode.
44 Extended meaning of access
(1) For the purposes of this
Part, giving access to a tower includes replacing the tower with
another tower located on the same site and giving access to the replacement
tower.
(2) For the purposes of this
Part, giving access to a site on which is situated a tower
includes replacing the tower with another tower located on the site.
(3) For the purposes of this
Part, giving access to a designated associated facility includes:
(a) replacing the
facility with another facility located on the same site and giving access to
the replacement facility; or
(b) giving access to
a service provided by means of the designated associated facility.
45 Access to broadcasting
transmission towers
Television broadcasting services in
digital mode
(1) The owner or operator of
a broadcasting transmission tower must, if requested to do so by the holder of
a commercial television broadcasting licence (the access seeker),
or a national broadcaster (also the access seeker), give the
access seeker access to the tower.
(2) The owner or operator of
the broadcasting transmission tower is not required to comply with subclause (1)
unless:
(a) the access is provided
for the sole purpose of enabling the access seeker to install or maintain a
transmitter and/or associated facilities used, or for use, wholly or
principally in connection with the transmission of the access seeker’s
television broadcasting service or services in digital mode; and
(b) the access seeker
gives the owner or operator reasonable notice that the access seeker requires
the access.
Datacasting services in digital mode
(3) The
owner or operator of a broadcasting transmission tower must, if requested to do
so by a datacaster (the access seeker), give the access seeker
access to the tower.
(4) The owner or operator of
the broadcasting transmission tower is not required to comply with subclause (3)
unless:
(a) the access is
provided for the sole purpose of enabling the access seeker to install or
maintain a transmitter and/or associated facilities used, or for use, in
connection with the provision of datacasting services in digital mode; and
(b) the access seeker
gives the owner or operator reasonable notice that the access seeker requires
the access.
Compliance not technically feasible
(5) The owner or operator of
a broadcasting transmission tower is not required to comply with subclause (1)
or (3) if there is in force a written certificate issued by the ACMA stating
that, in the ACMA’s opinion, compliance with subclause (1) or (3), as the
case may be, in relation to that tower is not technically feasible.
(6) In determining whether
compliance with subclause (1) or (3) in relation to a tower is technically
feasible, the ACMA must have regard to:
(a) whether
compliance is likely to result in significant difficulties of a technical or
engineering nature; and
(b) whether
compliance is likely to result in a significant threat to the health or safety
of persons who operate, or work on, the tower; and
(c) if compliance is
likely to have a result referred to in paragraph (a) or (b)—whether there
are practicable means of avoiding such a result, including (but not limited
to):
(i) changing
the configuration or operating parameters of a facility situated on the tower;
and
(ii) making
alterations to the tower; and
(d) such other
matters (if any) as the ACMA considers relevant.
Issue of certificate
(7) If the ACMA receives a
request to make a decision about the issue of a certificate under subclause (5),
the ACMA must use its best endeavours to make that decision within 10 business
days after the request was made.
45A Access to designated associated
facilities
(1) This clause applies to a
designated associated facility if the facility is situated on, at, in or under:
(a) a broadcasting
transmission tower; or
(b) the site on which
a broadcasting transmission tower is situated.
Television broadcasting services in
digital mode
(2) The owner or operator of
the designated associated facility must, if requested to do so by the holder of
a commercial television broadcasting licence (the access seeker),
or a national broadcaster (also called the access seeker), give
the access seeker access to the facility.
(3) The owner or operator of
the designated associated facility is not required to comply with subclause (2)
unless:
(a) the access is
provided for the sole purpose of enabling the access seeker to use the
facility, or a service provided by means of the facility, wholly or principally
in connection with the transmission of the access seeker’s television
broadcasting service or services in digital mode; and
(b) the access seeker
gives the owner or operator reasonable notice that the access seeker requires
the access.
Datacasting services in digital mode
(4) The owner or operator of
the designated associated facility must, if requested to do so by a datacaster
(the access seeker), give the access seeker access to the
facility.
(5) The
owner or operator of the designated associated facility is not required to
comply with subclause (4) unless:
(a) the access is
provided for the sole purpose of enabling the access seeker to use the
facility, or a service provided by means of the facility, wholly or principally
in connection with the provision of datacasting services in digital mode; and
(b) the access seeker
gives the owner or operator reasonable notice that the access seeker requires
the access.
Compliance not technically feasible
(6) The owner or operator of
a designated associated facility is not required to comply with subclause (2)
or (4) if there is in force a written certificate issued by the ACMA stating
that, in the ACMA’s opinion, compliance with subclause (2) or (4), as the
case may be, in relation to that facility is not technically feasible.
(7) In determining whether
compliance with subclause (2) or (4) in relation to a facility is
technically feasible, the ACMA must have regard to:
(a) whether
compliance is likely to result in significant difficulties of a technical or
engineering nature; and
(b) whether
compliance is likely to result in a significant threat to the health or safety
of persons who operate, or work on, a facility situated on the site; and
(c) if compliance is
likely to have a result referred to in paragraph (a) or (b)—whether there
are practicable means of avoiding such a result, including (but not limited
to):
(i) changing
the configuration or operating parameters of a facility situated on the site;
and
(ii) making
alterations to a facility situated on the site; and
(d) such other
matters (if any) as the ACMA considers relevant.
Issue of certificate
(8) If the ACMA receives a
request to make a decision about the issue of a certificate under subclause (6),
the ACMA must use its best endeavours to make that decision within 10 business
days after the request was made.
Exemptions
(9) The regulations may
provide for exemptions from subclauses (2) and (4).
(10) Regulations made for the
purposes of subclause (9) may make provision with respect to a matter by
conferring on the ACCC a power to make a decision of an administrative
character.
46 Access to sites of broadcasting
transmission towers
Television broadcasting services in
digital mode
(1) The owner or operator of
a broadcasting transmission tower must, if requested to do so by the holder of
a commercial television broadcasting licence (the access seeker),
or a national broadcaster (also the access seeker), give the
access seeker access to a site if:
(a) the tower is
situated on the site; and
(b) either:
(i) the
site is owned, occupied or controlled by the owner or operator of the tower; or
(ii) the
owner or operator of the tower has a right (either conditional or
unconditional) to use the site.
(2) The owner or operator of
the broadcasting transmission tower is not required to comply with subclause (1)
unless:
(a) the access is
provided for the sole purpose of enabling the access seeker to install or
maintain a transmitter and/or associated facilities used, or for use, wholly or
principally in connection with the transmission of the access seeker’s
television broadcasting service or services in digital mode; and
(b) the access seeker
gives the owner or operator reasonable notice that the access seeker requires
the access.
Datacasting services in digital mode
(3) The owner or operator of
a broadcasting transmission tower must, if requested to do so by a datacaster
(the access seeker), give the access seeker access to a site if
the tower is situated on the site.
(4) The
owner or operator of the broadcasting transmission tower is not required to
comply with subclause (3) unless:
(a) the access is
provided for the sole purpose of enabling the access seeker to install or
maintain a transmitter and/or associated facilities used, or for use, in
connection with the provision of datacasting services in digital mode; and
(b) the access seeker
gives the owner or operator reasonable notice that the access seeker requires
the access.
Compliance not technically feasible
(5) The owner or operator of
a broadcasting transmission tower is not required to comply with subclause (1)
or (3) if there is in force a written certificate issued by the ACMA stating
that, in the ACMA’s opinion, compliance with subclause (1) or (3), as the
case may be, in relation to that tower is not technically feasible.
(6) In
determining whether compliance with subclause (1) or (3) in relation to a
site is technically feasible, the ACMA must have regard to:
(a) whether compliance
is likely to result in significant difficulties of a technical or engineering
nature; and
(b) whether
compliance is likely to result in a significant threat to the health or safety
of persons who operate, or work on, a facility situated on the site; and
(c) if compliance is
likely to have a result referred to in paragraph (a) or (b)—whether there
are practicable means of avoiding such a result, including (but not limited
to):
(i) changing
the configuration or operating parameters of a facility situated on the site;
and
(ii) making
alterations to a facility situated on the site; and
(d) such other
matters (if any) as the ACMA considers relevant.
Issue of certificate
(7) If the ACMA receives a
request to make a decision about the issue of a certificate under subclause (5),
the ACMA must use its best endeavours to make that decision within 10 business
days after the request was made.
47 Terms and conditions of access
Access to towers
(1) The owner or operator of
a broadcasting transmission tower must comply with subclause 45(1) or (3)
on such terms and conditions as are:
(a) agreed between
the following parties:
(i) the
owner or operator;
(ii) the
access seeker (within the meaning of that subclause); or
(b) failing
agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the
appointment of an arbitrator, the ACCC is to be the arbitrator.
Access to designated associated
facilities
(1A) The owner or operator of a
designated associated facility must comply with subclause 45A(2) or (4) on
such terms and conditions as are:
(a) agreed between
the following parties:
(i) the
owner or operator;
(ii) the
access seeker (within the meaning of that subclause); or
(b) failing
agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the
appointment of an arbitrator, the ACCC is to be the arbitrator.
Access to sites
(2) The owner or operator of
a broadcasting transmission tower must comply with subclause 46(1) or (3)
on such terms and conditions as are:
(a) agreed between
the following parties:
(i) the
owner or operator;
(ii) the
access seeker (within the meaning of that subclause); or
(b) failing
agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the
appointment of an arbitrator, the ACCC is to be the arbitrator.
Conduct of arbitration
(3) The regulations may make
provision for and in relation to the conduct of an arbitration under this
clause.
(4) The regulations may provide
that, for the purposes of a particular arbitration conducted by the ACCC under
this clause, the ACCC may be constituted by a single member, or a specified
number of members, of the ACCc. For each such arbitration, that member or those
members are to be nominated in writing by the Chair of the ACCc.
(5) Subclause (4) does
not, by implication, limit subclause (3).
48 Code relating to access
(1) The ACCC may, by legislative
instrument, make a Code setting out conditions that are to be complied with in relation
to the provision of access under this Part.
(2) Before making an
instrument under subclause (1), the ACCC must consult:
(a) commercial
television broadcasting licensees; and
(b) national
broadcasters; and
(c) owners and
operators of broadcasting transmission towers.
(3) An access seeker must
comply with the Code.
(4) The owner or operator of
a broadcasting transmission tower must comply with the Code, to the extent to
which the Code relates to the provision of access under clause 45 or 46.
(4A) The owner or operator of a
designated associated facility must comply with the Code, to the extent to
which the Code relates to the provision of access under clause 45A.
49 Arbitration—acquisition of
property
(1) This clause applies to a
provision of this Part that authorises the conduct of an arbitration (whether
by the ACCC or another person).
(2) The provision has no
effect to the extent (if any) to which it purports to authorise the acquisition
of property if that acquisition:
(a) is otherwise than
on just terms; and
(b) would be invalid
because of paragraph 51(xxxi) of the Constitution.
(3) In this clause:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the
Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the
Constitution.
50 Relationship between this Part and
the National Transmission Network Sale Act 1998
Part 3 of the National
Transmission Network Sale Act 1998 does not apply in relation to an access
seeker seeking access to a broadcasting transmission tower or a site to the
extent to which this Part applies in relation to the access seeker seeking
access to that tower or site.
Part 6—Collection of datacasting charge
51 Collection of datacasting charge
Definitions
(1) In this clause:
charge means charge imposed by the Datacasting Charge (Imposition) Act
1998.
late payment penalty means an amount that is payable by way of penalty in accordance
with a determination under subclause (3).
When charge due and payable
(2) Charge is due and payable
at the time ascertained in accordance with a determination under subclause (2A).
(2A) The ACMA may, by
legislative instrument, make a determination for the purposes of subclause (2).
Late payment penalty
(3) The ACMA may, by legislative
instrument, determine that, if any charge payable by a person remains unpaid
after the time when it became due for payment, the person is liable to pay to
the Commonwealth, by way of penalty, an amount calculated at the rate of:
(a) 20% per annum; or
(b) if the determination
specifies a lower percentage—that lower percentage per annum;
on the amount unpaid, computed from that
time.
Determination has effect
(4) A determination under subclause (3)
has effect accordingly.
Remission of penalty
(5) A determination under subclause (3)
may authorise the ACMA to make decisions about the remission of the whole or a
part of an amount of late payment penalty.
Payment of charge and late payment
penalty
(6) Charge and late payment
penalty are payable to the ACMA on behalf of the Commonwealth.
Recovery of charge and penalty
(7) Charge and late payment
penalty may be recovered by the ACMA, on behalf of the Commonwealth, as debts
due to the Commonwealth.
Payments to the Commonwealth
(8) Amounts received by way
of charge or late payment penalty must be paid to the Commonwealth.
Disallowable instrument
52 Cancellation of certain
exemptions from datacasting charge
(1) This clause cancels the
effect of a provision of another Act that would have the effect of exempting a
person from liability to pay charge imposed by the Datacasting Charge
(Imposition) Act 1998.
(2) The cancellation does
not apply if the provision of the other Act is enacted after the commencement
of this clause and refers specifically to charge imposed by the Datacasting
Charge (Imposition) Act 1998.
Part 10—Review of decisions
62 Review by the AAT
Transmitter access regime
(5) An application may be
made to the AAT for a review of a decision of the ACMA to issue a certificate
under subclause 45(5), 45A(6) or 46(5).
(6) An application under subclause (5)
may only be made by the access seeker concerned.
(7) An application may be
made to the AAT for a review of a decision of the ACMA to refuse to issue a
certificate under subclause 45(5) or 46(5).
(8) An application under subclause (7)
may only be made by the owner or operator of the broadcasting transmission
tower concerned.
(9) An application may be
made to the AAT for a review of a decision of the ACMA to refuse to issue a
certificate under subclause 45A(6).
(10) An application under subclause (9)
may only be made by the owner or operator of the designated associated facility
concerned.
63 Notification of decisions to
include notification of reasons and appeal rights
If the ACMA makes a decision
that is reviewable under clause 62, the ACMA is to include in the document
by which the decision is notified:
(a) a statement
setting out the reasons for the decision; and
(b) a statement to
the effect that an application may be made to the AAT for a review of the
decision.
Schedule 5—Online services
Note: See section 216B.
Part 1—Introduction
2 Simplified outline
The
following is a simplified outline of this Schedule:
• This Schedule sets up a system for regulating certain aspects
of the internet industry.
• If the ACMA
is satisfied that internet content hosted outside Australia is prohibited
content or potential prohibited content, the ACMA must:
(a) if
the ACMA considers that the content is of a sufficiently serious nature to
warrant referral to a law enforcement agency—notify the content to an
Australian police force; and
(b) notify
the content to internet service providers so that the providers can deal with
the content in accordance with procedures specified in an industry code or industry
standard (for example, procedures for the filtering, by technical means, of
such content).
• Bodies and associations that represent the internet service provider
section of the internet industry may develop industry codes.
• The ACMA
has a reserve power to make an industry standard if there are no industry codes
or if an industry code is deficient.
• The ACMA may make online provider determinations regulating internet
service providers.
3 Definitions
In
this Schedule, unless the contrary intention appears:
AAT means the Administrative Appeals Tribunal.
access
includes:
(a) access that is
subject to a pre‑condition (for example, the use of a password); and
(b) access by way of
push technology; and
(c) access by way of
a standing request.
adult means an individual who is 18 or older.
Australia, when used in a geographical sense, includes all the external
Territories.
Australian police force means:
(a) the Australian
Federal Police; or
(b) the police force
of a State or Territory.
child means an individual who is not an adult.
civil proceeding includes a civil action.
Classification Board means the Classification Board established by the Classification
(Publications, Films and Computer Games) Act 1995.
classified means classified under Schedule 7.
computer game has the same meaning as in the Classification (Publications,
Films and Computer Games) Act 1995.
data storage device means any article or material (for example, a disk) from which
information is capable of being reproduced, with or without the aid of any
other article or device.
designated notification scheme means a scheme:
(a) in the nature of
a scheme for substituted service; and
(b) under which the ACMA
is taken, for the purposes of this Schedule, to have notified each internet
service provider of a matter or thing.
Note: For example, the ACMA may
make matters or things available on the internet (with or without security
measures).
film
has the same meaning as in the Classification (Publications, Films and
Computer Games) Act 1995.
Note: Film is defined
broadly in that Act, and includes any form of recording from which a visual
image can be produced.
immediate circle has the same meaning as in the Telecommunications Act 1997.
information means information:
(a) whether in the
form of text; or
(b) whether in the
form of data; or
(c) whether
in the form of speech, music or other sounds; or
(d) whether in the
form of visual images (animated or otherwise); or
(e) whether in any
other form; or
(f) whether in any
combination of forms.
internet carriage service means a listed carriage service that enables
end‑users to access the internet.
internet
content means information that:
(a) is kept on a data
storage device; and
(b) is accessed, or
available for access, using an internet carriage service;
but does not include:
(c) ordinary email;
or
(d) information that
is transmitted in the form of a broadcasting service.
internet content host means a person who hosts internet content in Australia, or who proposes to host internet content in Australia.
internet service provider has the meaning given by clause 8.
listed carriage service has the same meaning as in the Telecommunications Act 1997.
online provider rule has the meaning given by clause 79.
ordinary email does not include a posting to a newsgroup.
point‑to‑multipoint service has the same meaning as in the Telecommunications Act 1997.
potential prohibited content has the same meaning as in Schedule 7.
prohibited content has the same meaning as in Schedule 7.
special
access‑prevention notice means a notice under
clause 47.
standard access‑prevention notice means a notice under paragraph 40(1)(c) of this Schedule.
5 Internet content that consists of
a film
For the purposes of
this Schedule, in determining whether internet content consists of the entire
unmodified contents of a film, disregard any differences between:
(a) the technique
used to embody sounds and/or visual images in the film; and
(b) the technique
used to embody the sounds and/or visual images in a form in which they can be
accessed on the internet.
7 Extended meaning of use
Unless the contrary
intention appears, a reference in this Schedule to the use of a
thing is a reference to the use of the thing either:
(a) in isolation; or
(b) in conjunction
with one or more other things.
Part 2—Internet service providers
8 Internet service providers
Basic definition
(1) For the purposes of this
Schedule, if a person supplies, or proposes to supply, an internet carriage
service to the public, the person is an internet service provider.
Declared internet service providers
(2) The Minister may, by legislative
instrument, declare that a specified person who supplies, or proposes to
supply, a specified internet carriage service is an internet service
provider for the purposes of this Schedule. A declaration under this
subclause has effect accordingly.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
9 Supply to the public
(1) This clause sets out the
circumstances in which an internet carriage service is taken, for the purposes
of subclause 8(1), to be supplied to the public.
(2) If:
(a) an internet
carriage service is used for the carriage of information between 2 end‑users;
and
(b) each end‑user is
outside the immediate circle of the supplier of the service;
the service is supplied to the public.
Note: If a company makes internet
content available for access on the internet, and an individual obtains access
to the content using an internet carriage service, the company and the
individual are end‑users in relation to the carriage of the content by the internet
carriage service.
(3) If:
(a) an internet
carriage service is used to supply point‑to‑multipoint services to end‑users;
and
(b) at least one end‑user
is outside the immediate circle of the supplier of the service;
the service is supplied to the public.
(4) If:
(a) an internet
carriage service is used to supply designated content services (other than
point‑to‑multipoint services) to end‑users; and
(b) at least one end‑user
is outside the immediate circle of the supplier of the service;
the service is supplied to the public.
(5) For the purposes of this
clause, a designated content service is a content service of a
kind specified in a determination made by the Minister by legislative
instrument.
(7) In this clause:
content service has the same meaning as in the Telecommunications Act 1997.
Part 4—Complaints to, and investigations by, the ACMA
Division 1—Making of complaints to the ACMA
23 Complaints about breaches of
online provider rules etc.
If a person has reason
to believe that an internet service provider:
(a) has contravened a
code registered under Part 5 of this Schedule that is applicable to the
provider; or
(b) has contravened
an online provider rule that is applicable to the provider;
the person may make a complaint to the ACMA
about the matter.
24 Form of complaint
(1) A complaint under this Division
is to be in writing.
(2) However, the ACMA may
permit complaints to be given, in accordance with specified software
requirements, by way of a specified kind of electronic transmission.
25 Residency etc. of complainant
A person is not
entitled to make a complaint under this Division unless the person is:
(a) an individual who
resides in Australia; or
(b) a body corporate
that carries on activities in Australia; or
(c) the Commonwealth,
a State or a Territory.
Division 2—Investigations by the ACMA
27 ACMA may investigate matters
If the ACMA thinks that
it is desirable to do so, the ACMA may, on its own initiative or in response to
a complaint made under Division 1, investigate whether an internet service
provider:
(a) has contravened a
code registered under Part 5 of this Schedule that is applicable to the
provider; or
(b) has contravened
an online provider rule that is applicable to the provider.
28 Conduct of investigations
(1) An investigation under
this Division is to be conducted as the ACMA thinks fit.
(2) The ACMA may, for the
purposes of an investigation, obtain information from such persons, and make
such inquiries, as it thinks fit.
(3) This clause has effect
subject to Part 13 of this Act (which confers certain investigative powers
on the ACMA).
29 Protection from civil proceedings
Civil proceedings do
not lie against a person in respect of loss, damage or injury of any kind
suffered by another person because of any of the following acts done in good
faith:
(a) the making of a
complaint under Division 1;
(b) the making of a
statement to, or the giving of a document or information to, the ACMA in
connection with an investigation under this Division.
Division 4—Action to be taken in relation to a complaint about
prohibited content hosted outside Australia
40 Action to be taken in relation to
a complaint about prohibited content hosted outside Australia
(1) If, in the course of an
investigation under Division 2 of Part 3 of Schedule 7, the ACMA
is satisfied that internet content hosted outside Australia is prohibited
content or potential prohibited content, the ACMA must:
(a) if the ACMA
considers the content is of a sufficiently serious nature to warrant referral
to a law enforcement agency (whether in or outside Australia)—notify the
content to:
(i) a
member of an Australian police force; or
(ii) if
there is an arrangement between the ACMA and the chief (however described) of
an Australian police force under which the ACMA is authorised to notify the
content to a another person or body (whether in or outside Australia)—that other person or body; and
(b) if a code
registered, or standard determined, under Part 5 of this Schedule deals
with the matters referred to in subclause 60(2)—notify the content to internet
service providers under the designated notification scheme set out in the code
or standard, as the case may be; and
(c) if paragraph (b)
does not apply—give each internet service provider known to the ACMA a written
notice (a standard access‑prevention notice) directing the
provider to take all reasonable steps to prevent end‑users from accessing the
content.
Note: The ACMA may be taken to have
given a notice under paragraph (c)—see clause 51.
(2) For the purposes of paragraph (1)(c),
in determining whether particular steps are reasonable, regard must be had to:
(a) the technical and
commercial feasibility of taking the steps; and
(b) the matters set
out in subsection 4(3).
(3) Subclause (2) does
not, by implication, limit the matters to which regard must be had.
Recognised alternative access‑prevention
arrangements
(4) An internet service
provider is not required to comply with a standard access‑prevention notice in
relation to a particular end‑user if access by the end‑user is subject to a
recognised alternative access‑prevention arrangement (as defined by subclause (5))
that is applicable to the end‑user.
(5) The ACMA may, by legislative
instrument, declare that a specified arrangement is a recognised
alternative access‑prevention arrangement for the purposes of the
application of this Division to one or more specified end‑users if the ACMA is
satisfied that the arrangement is likely to provide a reasonably effective
means of preventing access by those end‑users to prohibited content and
potential prohibited content.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
(6) The following are
examples of arrangements that could be declared to be recognised alternative
access‑prevention arrangements under subclause (5):
(a) an arrangement
that involves the use of regularly updated internet content filtering software;
(b) an arrangement
that involves the use of a “family‑friendly” filtered internet carriage
service.
Referral to law enforcement agency
(8) The manner in which internet
content may be notified under paragraph (1)(a) to a member of an Australian
police force includes (but is not limited to) a manner ascertained in
accordance with an arrangement between the ACMA and the chief (however
described) of the police force concerned.
(9) If a member of an
Australian police force is notified of particular internet content under this
clause, the member may notify the content to a member of another law
enforcement agency (whether in or outside Australia).
(10) This clause does not, by
implication, limit the ACMA’s powers to refer other matters to a member of an
Australian police force.
41 Deferral of action in order to
avoid prejudicing a criminal investigation
(1) If:
(a) in the course of
an investigation under Division 2 of Part 3 of Schedule 7, the ACMA
is satisfied that internet content hosted outside Australia is prohibited
content or potential prohibited content; and
(b) apart from this
subclause, the ACMA would be required to take action under subclause 40(1)
in relation to the content; and
(c) a member of an
Australian police force satisfies the ACMA that the taking of that action
should be deferred until the end of a particular period in order to avoid
prejudicing a criminal investigation;
the ACMA may defer taking that action
until the end of that period.
(2) Subclause (1) has
effect despite anything in clause 40.
42 Withdrawal of notification of
content—reclassification of internet content
(1) If:
(a) internet content
has been classified by the Classification Board (otherwise than because of subclause 24(1)
or (2) of Schedule 7); and
(b) the internet
content has been notified to internet service providers as mentioned in
paragraph 40(1)(b) of this Schedule; and
(c) the
Classification Board reclassifies the internet content; and
(d) as
a result of the reclassification, the internet content ceases to be prohibited
content;
the notification of the internet content
is taken to have been withdrawn.
(2) If:
(a) a notification of
internet content is withdrawn under subclause (1); and
(b) a code
registered, or standard determined, under Part 5 of this Schedule deals
with the matters referred to in subclause 60(2);
the ACMA must notify the withdrawal to internet
service providers under the designated notification scheme set out in the code
or standard, as the case may be.
43 Withdrawal of notification of
content—reclassification of internet content that consists of a film or a
computer game
(1) If:
(a) internet content
consists of:
(i) the
entire unmodified contents of a film; or
(ii) a
computer game; and
(b) the Classification
Board reclassifies the film or computer game under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) the internet
content has been notified to internet service providers as mentioned in
paragraph 40(1)(b) of this Schedule; and
(d) as a result of
the reclassification, the internet content ceases to be prohibited content;
the notification of the internet content
is taken to have been withdrawn.
(2) If:
(a) a notification of
internet content is withdrawn under subclause (1); and
(b) a code
registered, or standard determined, under Part 5 of this Schedule deals
with the matters referred to in subclause 60(2);
the ACMA must notify the withdrawal to internet
service providers under the designated notification scheme set out in the code
or standard, as the case may be.
44 Revocation of standard access‑prevention
notice—reclassification of internet content
(1) If:
(a) internet content
has been classified by the Classification Board (otherwise than because of subclause 24(1)
or (2) of Schedule 7); and
(b) a standard access‑prevention
notice relating to the internet content is applicable to a particular internet
service provider; and
(c) the
Classification Board reclassifies the internet content; and
(d) as a result of
the reclassification, the content ceases to be prohibited content;
the ACMA is taken to have revoked the
standard access‑prevention notice.
(2) If a standard access‑prevention
notice is revoked under this clause, the ACMA must give the internet service
provider concerned a written notice stating that the standard access‑prevention
notice has been revoked.
Note: The ACMA may be taken to have
given a notice under subclause (2)—see clause 51.
45 Revocation of standard access‑prevention
notice—reclassification of internet content that consists of a film or a
computer game
(1) If:
(a) internet content
consists of:
(i) the
entire unmodified contents of a film; or
(ii) a
computer game; and
(b) the
Classification Board reclassifies the film or computer game under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) a standard access‑prevention
notice relating to the internet content is applicable to a particular internet
service provider; and
(d) as
a result of the reclassification, the internet content ceases to be prohibited
content;
the ACMA is taken to have revoked the
standard access‑prevention notice.
(2) If a standard access‑prevention
notice is revoked under this clause, the ACMA must give the internet service
provider concerned a written notice stating that the standard access‑prevention
notice has been revoked.
Note: The ACMA may be taken to have
given a notice under subclause (2)—see clause 51.
46 Anti‑avoidance—notified internet
content
(1) If:
(a) particular internet
content has been notified to internet service providers as mentioned in
paragraph 40(1)(b) of this Schedule; and
(b) the notification
has not been withdrawn; and
(c) the ACMA is
satisfied that internet content (the similar internet content) that
is the same as, or substantially similar to, the first‑mentioned internet
content is being hosted outside Australia; and
(d) the ACMA is
satisfied that the similar internet content is prohibited content or potential
prohibited content; and
(e) a code registered,
or standard determined, under Part 5 of this Schedule deals with the
matters referred to in subclause 60(2);
the ACMA must notify the similar internet
content to internet service providers under the designated notification scheme
set out in the code or standard, as the case may be.
(2) If:
(a) particular internet
content is notified to internet service providers as mentioned in paragraph 40(1)(b)
of this Schedule; and
(b) as a result of
the application of subclause (1) to that content, the ACMA notifies
similar internet content to internet service providers in accordance with subclause (1);
and
(c) the
notification of the first‑mentioned content is withdrawn;
the notification of the similar internet
content is taken to have been withdrawn.
(3) If:
(a) a notification of
internet content is withdrawn under subclause (2); and
(b) a code
registered, or standard determined, under Part 5 of this Schedule deals
with the matters referred to in subclause 60(2);
the ACMA must notify the withdrawal to internet
service providers under the designated notification scheme set out in the code
or standard, as the case may be.
47 Anti‑avoidance—special access‑prevention
notice
(1) If:
(a) a standard access‑prevention
notice relating to particular internet content is applicable to a particular internet
service provider; and
(b) the ACMA is
satisfied that the internet service provider is supplying an internet carriage
service that enables end‑users to access internet content (the similar internet
content) that is the same as, or substantially similar to, the internet
content identified in the standard access‑prevention notice; and
(c) the ACMA is
satisfied that the similar internet content is prohibited content or potential
prohibited content;
the ACMA may give the provider a written
notice (special access‑prevention notice) directing the provider
to take all reasonable steps to prevent end‑users from accessing the similar internet
content at any time when the standard access‑prevention notice is in force.
Note: The ACMA may be taken to have
given a notice under this clause—see clause 51.
(2) For
the purposes of subclause (1), in determining whether particular steps are
reasonable, regard must be had to:
(a) the technical and
commercial feasibility of taking the steps; and
(b) the matters set
out in subsection 4(3).
(3) Subclause (2) does
not, by implication, limit the matters to which regard must be had.
Recognised alternative access‑prevention
arrangements
(4) An internet service
provider is not required to comply with a special access‑prevention notice in
relation to a particular end‑user if access by the end‑user is subject to a
recognised alternative access‑prevention arrangement (as defined by subclause 40(5))
that is applicable to the end‑user.
48 Compliance with access‑prevention
notices
Standard access‑prevention notice
(1) An internet service
provider must comply with a standard access‑prevention notice that applies to
the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.
Special access‑prevention notice
(2) An internet service
provider must comply with a special access‑prevention notice that applies to
the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.
Note: For enforcement, see Part 6
of this Schedule.
49 Notification of internet content
Internet content may be
notified in accordance with this Division by:
(a) setting out the content;
or
(b) describing the
content; or
(c) in any other way.
50 Application of notifications
under this Division
A notification under
this Division applies to particular internet content only to the extent to
which the content is accessed, or available for access, from a website, or a
distinct part of a website, specified in the notification.
Note: For specification by class,
see subsection 33(3AB) of the Acts Interpretation Act 1901.
51 ACMA may be taken to have issued
access‑prevention notices
(1) Subject to subclause (2),
the ACMA may, by legislative instrument, formulate a scheme:
(a) in the nature of
a scheme for substituted service; and
(b) under which the ACMA
is taken, for the purposes of this Schedule, to have done any or all of the following:
(i) given
each internet service provider a standard access‑prevention notice under
paragraph 40(1)(c) of this Schedule;
(ii) in a
case where a standard access‑prevention notice is revoked under clause 44
or 45—given each internet service provider a notice of the revocation under
whichever of subclause 44(2) or 45(2) is applicable;
(iii) given
each internet service provider a special access‑prevention notice under clause 47.
(2) It is a minimum
requirement for a scheme formulated under subclause (1) that each internet
service provider be alerted by electronic means to the existence of a notice.
Note: For example, it is not
sufficient for the ACMA to make notices available on the internet (with or
without security measures) without notifying internet service providers that a
notice has been issued.
(3) Paragraph 40(1)(c) of
this Schedule has effect, in relation to a scheme under subclause (1), as
if the reference in that paragraph to each internet service provider known to
the ACMA were a reference to each internet service provider.
Part 5—Industry codes and industry standards
Division 1—Simplified outline
52 Simplified outline
The following is a
simplified outline of this Part.
• Bodies and
associations that represent the internet service provider section of the internet
industry may develop industry codes.
• Industry
codes may be registered by the ACMA.
• Compliance
with an industry code is voluntary unless the ACMA directs a particular
participant in the internet industry to comply with the code.
• The ACMA
has a reserve power to make an industry standard if there are no industry codes
or if an industry code is deficient.
• Compliance
with industry standards is mandatory.
Division 2—Interpretation
53 Industry codes
For the purposes of
this Part, an industry code is a code developed under this Part (whether
or not in response to a request under this Part).
54 Industry standards
For the purposes of
this Part, an industry standard is a standard determined under
this Part.
55 Internet activity
For the purposes of
this Part, an internet activity is an activity that consists of
supplying an internet carriage service.
56 Section of the internet industry
(1) For the purposes of this
Part, a section of the internet industry is to be ascertained in
accordance with this clause.
(2) For the purposes of this
Part, the group consisting of internet service providers constitutes a section
of the internet industry.
57 Participants in a section of the internet
industry
For the purposes of
this Part, if a person is a member of a group that constitutes a section of the
internet industry, the person is a participant in that section of
the internet industry.
58 Designated body
The Minister may, by legislative
instrument, declare that a specified body or association is the designated
body for the purposes of this Part. The declaration has effect
accordingly.
Division 3—General principles relating to industry codes and industry
standards
59 Statement of regulatory policy
(2) The Parliament intends
that bodies or associations that the ACMA is satisfied represent the internet
service provider section of the internet industry should develop no more than 2
codes (industry codes) that are to apply to participants in that
section of the industry in relation to the internet activities of the
participants.
(3) The Parliament intends
that, for the internet service provider section of the internet industry, one
of those industry codes should deal exclusively with the matters set out in
subclause 60(2).
60 Matters that must be dealt with
by industry codes and industry standards
General matters
(1) The Parliament intends
that, for the internet service provider section of the internet industry, there
should be:
(a) an industry code
or an industry standard that deals with; or
(b) an industry code
and an industry standard that together deal with;
each of the following matters:
(c) procedures
directed towards the achievement of the objective of ensuring that online
accounts are not provided to children without the consent of a parent or
responsible adult;
(d) giving parents
and responsible adults information about how to supervise and control
children’s access to internet content;
(e) procedures to be
followed in order to assist parents and responsible adults to supervise and
control children’s access to internet content;
(f) procedures to be
followed in order to inform producers of internet content about their legal
responsibilities in relation to that content;
(g) telling customers
about their rights to make complaints under clause 23;
(h) procedures to be
followed in order to assist customers to make complaints under clause 23;
(i) procedures to be
followed in order to deal with complaints about unsolicited email that promotes
or advertises one or more:
(i) websites;
or
(ii) distinct
parts of websites;
that enable, or
purport to enable, end‑users to access information that is likely to cause
offence to a reasonable adult;
(j) subject to subclause (8A),
action to be taken to assist in the development and implementation of internet
content filtering technologies (including labelling technologies);
(k) subject to subclause (8A),
giving customers information about the availability, use and appropriate
application of internet content filtering software;
(l) subject to subclause (8A),
procedures directed towards the achievement of the objective of ensuring that
customers have the option of subscribing to a filtered internet carriage
service;
(la) if a
determination is in force under subclause (8A) in relation to a device:
(i) procedures
to be followed in order to inform the users of such a device of the
unavailability of internet content filtering; and
(ii) procedures
directed towards the achievement of the objective of ensuring that customers
have the option of blocking access to the internet using such a device;
(m) procedures
directed towards the achievement of the objective of ensuring that, in the
event that a participant in the internet service provider section of the internet
industry becomes aware that an internet content host is hosting prohibited
content in Australia, the host is told about the prohibited content.
Other matters
(2) The Parliament intends
that, for the internet service provider section of the internet industry, there
should be:
(a) an industry code
or an industry standard that deals with; or
(b) an industry code
and an industry standard that together deal with;
each of the following matters:
(c) the formulation
of a designated notification scheme;
(d) subject to subclause (8A),
procedures to be followed by internet service providers in dealing with internet
content notified under paragraph 40(1)(b) of this Schedule or clause 46
(for example, procedures to be followed by a particular class of internet
service providers for the filtering, by technical means, of such content).
Designated alternative access‑prevention
arrangements
(3) An industry code or an
industry standard may provide that an internet service provider is not required
to deal with internet content notified under paragraph 40(1)(b) of this Schedule
or clause 46 by taking steps to prevent particular end‑users from accessing
the content if access by the end‑users is subject to an arrangement that is
declared by the code or standard to be a designated alternative access‑prevention
arrangement for the purposes of the application of this clause to those end‑users.
(4) An industry code
developed by a body or association must not declare that a specified
arrangement is a designated alternative access‑prevention arrangement for the
purposes of the application of this clause to one or more specified end‑users
unless the body or association is satisfied that the arrangement is likely to
provide a reasonably effective means of preventing access by those end‑users to
prohibited content and potential prohibited content.
Note: For specification by class,
see subsection 33(3AB) of the Acts Interpretation Act 1901.
(5) An industry standard
made by the ACMA must not declare that a specified arrangement is a designated
alternative access‑prevention arrangement for the purposes of the application
of this clause to one or more specified end‑users unless the ACMA is satisfied
that the arrangement is likely to provide a reasonably effective means of
preventing access by those end‑users to prohibited content and potential
prohibited content.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
(6) The following are
examples of arrangements that could be declared to be designated alternative
access‑prevention arrangements:
(a) an arrangement
that involves the use of regularly updated internet content filtering software;
(b) an arrangement
that involves the use of a “family‑friendly” filtered internet carriage
service.
(7) For the purposes of this
Schedule, if an industry code:
(a) deals to any
extent with procedures to be followed by internet service providers in dealing
with internet content notified under paragraph 40(1)(b) of this Schedule or
clause 46; and
(b) makes provision
as mentioned in subclause (3);
then:
(c) the code is taken
to deal with the matter set out in paragraph (2)(d); and
(d) the code is taken
to be consistent with subclause (2).
(8) For the purposes of this
Schedule, if an industry standard:
(a) deals to any
extent with procedures to be followed by internet service providers in dealing
with internet content notified under paragraph 40(1)(b) of this Schedule or
clause 46; and
(b) makes provision
as mentioned in subclause (3);
then:
(c) the standard is
taken to deal with the matter set out in paragraph (2)(d); and
(d) the standard is
taken to be consistent with subclause (2).
Internet content filtering—devices
(8A) If the Minister is
satisfied that internet content filtering is not viable in relation to access
to internet content using a particular device (for example, a mobile telephone
handset), the Minister may, by legislative instrument, determine that paragraphs (1)(j),
(k) and (l) and (2)(d) do not apply in relation to access to internet content
using that device.
Clause does not limit matters
(9) This clause does not, by
implication, limit the matters that may be dealt with by industry codes and
industry standards.
61 Industry codes and industry
standards not to deal with certain matters
For the purposes of
this Part, an industry code or an industry standard that deals with a
particular matter has no effect to the extent (if any) to which the matter is
dealt with by:
(a) a code
registered, or a standard determined, under Part 6 of the Telecommunications
Act 1997; or
(b) the
Telecommunications Industry Ombudsman scheme (within the meaning of that Act).
Division 4—Industry codes
62 Registration of industry codes
(1) This clause applies if:
(a) the ACMA is
satisfied that a body or association represents a particular section of the internet
industry; and
(b) that body or
association develops an industry code that applies to participants in that
section of the industry and deals with one or more matters relating to the internet
activities of those participants; and
(c) the body or
association gives a copy of the code to the ACMA; and
(d) the ACMA is
satisfied that:
(i) to
the extent to which the code deals with one or more matters of substantial
relevance to the community—the code provides appropriate community safeguards
for that matter or those matters; and
(ii) to
the extent to which the code deals with one or more matters that are not of
substantial relevance to the community—the code deals with that matter or those
matters in an appropriate manner; and
(e) the ACMA is
satisfied that, before giving the copy of the code to the ACMA:
(i) the
body or association published a draft of the code and invited members of the
public to make submissions to the body or association about the draft within a
specified period; and
(ii) the
body or association gave consideration to any submissions that were received
from members of the public within that period; and
(f) the ACMA is
satisfied that, before giving the copy of the code to the ACMA:
(i) the
body or association published a draft of the code and invited participants in
that section of the industry to make submissions to the body or association
about the draft within a specified period; and
(ii) the
body or association gave consideration to any submissions that were received
from participants in that section of the industry within that period; and
(g) the ACMA is
satisfied that the designated body has been consulted about the development of
the code; and
(i) in a case where
the code:
(i) relates
to the internet service provider section of the internet industry; and
(ii) does
not deal with a matter set out in subclause 60(2);
the code is
consistent with subclauses 59(2) and 60(1); and
(j) in a case where
the code:
(i) relates
to the internet service provider section of the internet industry; and
(ii) deals
with a matter set out in subclause 60(2);
the code is
consistent with subclauses 59(2) and (3) and 60(2).
Note: Designated body
is defined by clause 58.
(2) The ACMA must register
the code by including it in the Register of industry codes kept under clause 78.
(3) A period specified under
subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.
(4) If:
(a) an industry code
(the new code) is registered under this Part; and
(b) the new code is
expressed to replace another industry code;
the other code ceases to be registered
under this Part when the new code is registered.
63 ACMA may request codes
(1) If
the ACMA is satisfied that a body or association represents a particular
section of the internet industry, the ACMA may, by written notice given to the
body or association, request the body or association to:
(a) develop an
industry code that applies to participants in that section of the industry and
deals with one or more specified matters relating to the internet activities of
those participants; and
(b) give the ACMA a
copy of the code within the period specified in the notice.
(2) The period specified in
a notice under subclause (1) must run for at least 120 days.
(3) The ACMA must not make a
request under subclause (1) in relation to a particular section of the internet
industry unless the ACMA is satisfied that:
(a) the development
of the code is necessary or convenient in order to:
(i) provide
appropriate community safeguards; or
(ii) otherwise
deal with the performance or conduct of participants in that section of the
industry; and
(b) in the absence of
the request, it is unlikely that an industry code would be developed within a
reasonable period.
(4) The ACMA may vary a
notice under subclause (1) by extending the period specified in the
notice.
(5) Subclause (4) does
not, by implication, limit the application of subsection 33(3) of the Acts
Interpretation Act 1901.
(6) A notice under subclause (1)
may specify indicative targets for achieving progress in the development of the
code (for example, a target of 60 days to develop a preliminary draft of the
code).
64 Publication of notice where no
body or association represents a section of the internet industry
(1) If the ACMA is satisfied
that a particular section of the internet industry is not represented by a body
or association, the ACMA may publish a notice in the Gazette:
(a) stating that, if
such a body or association were to come into existence within a specified
period, the ACMA would be likely to give a notice to that body or association
under subclause 63(1); and
(b) setting out the
matter or matters relating to internet activities that would be likely to be
specified in the subclause 63(1) notice.
(2) The period specified in
a notice under subclause (1) must run for at least 60 days.
65 Replacement of industry codes
(1) Changes to an industry
code are to be achieved by replacing the code instead of varying the code.
(2) If the replacement code
differs only in minor respects from the original code, clause 62 has
effect, in relation to the registration of the code, as if paragraphs 62(1)(e)
and (f) of this Schedule had not been enacted.
Note: Paragraphs 62(1)(e) and (f)
deal with submissions about draft codes.
66 Compliance with industry codes
(1) If:
(a) a person is a
participant in a particular section of the internet industry; and
(b) the ACMA is
satisfied that the person has contravened, or is contravening, an industry code
that:
(i) is
registered under this Part; and
(ii) applies
to participants in that section of the industry;
the ACMA may, by written notice given to
the person, direct the person to comply with the industry code.
(2) A person must comply
with a direction under subclause (1).
Note: For enforcement, see Part 6
of this Schedule.
67 Formal warnings—breach of
industry codes
(1) This
clause applies to a person who is a participant in a particular section of the internet
industry.
(2) The ACMA may issue a
formal warning if the person contravenes an industry code registered under this
Part.
Division 5—Industry standards
68 ACMA may determine an industry
standard if a request for an industry code is not complied with
(1) This clause applies if:
(a) the ACMA has made
a request under subclause 63(1) in relation to the development of a code
that is to:
(i) apply
to participants in a particular section of the internet industry; and
(ii) deal
with one or more matters relating to the internet activities of those
participants; and
(b) any of the
following conditions is satisfied:
(i) the
request is not complied with;
(ii) if
indicative targets for achieving progress in the development of the code were
specified in the notice of request—any of those indicative targets were not
met;
(iii) the
request is complied with, but the ACMA subsequently refuses to register the
code; and
(c) the ACMA is
satisfied that it is necessary or convenient for the ACMA to determine a
standard in order to:
(i) provide
appropriate community safeguards in relation to that matter or those matters;
or
(ii) otherwise
regulate adequately participants in that section of the industry in relation to
that matter or those matters.
(2) The ACMA may, by legislative
instrument, determine a standard that applies to participants in that section
of the industry and deals with that matter or those matters. A standard under
this subclause is to be known as an industry standard.
(3) Before determining an
industry standard under this clause, the ACMA must consult the body or
association to whom the request mentioned in paragraph (1)(a) was made.
(5) The Minister may give
the ACMA a written direction as to the exercise of its powers under this
clause.
69 ACMA may determine industry
standard where no industry body or association formed
(1) This
clause applies if:
(a) the ACMA is
satisfied that a particular section of the internet industry is not represented
by a body or association; and
(b) the ACMA has
published a notice under subclause 64(1) relating to that section of the
industry; and
(c) that notice:
(i) states
that, if such a body or association were to come into existence within a
particular period, the ACMA would be likely to give a notice to that body or
association under subclause 63(1); and
(ii) sets
out one or more matters relating to the internet activities of the participants
in that section of the industry; and
(d) no such body or
association comes into existence within that period; and
(e) the ACMA is satisfied
that it is necessary or convenient for the ACMA to determine a standard in
order to:
(i) provide
appropriate community safeguards in relation to that matter or those matters;
or
(ii) otherwise
regulate adequately participants in that section of the industry in relation to
that matter or those matters.
(2) The ACMA may, by legislative
instrument, determine a standard that applies to participants in that section
of the industry and deals with that matter or those matters. A standard under
this subclause is to be known as an industry standard.
(4) The Minister may give
the ACMA a written direction as to the exercise of its powers under this
clause.
70 ACMA may determine industry
standards—total failure of industry codes
(1) This clause applies if:
(a) an industry code
that:
(i) applies
to participants in a particular section of the internet industry; and
(ii) deals
with one or more matters relating to the internet activities of those
participants;
has been
registered under this Part for at least 180 days; and
(b) the ACMA is
satisfied that the code is totally deficient (as defined by subclause (7));
and
(c) the ACMA has
given the body or association that developed the code a written notice
requesting that deficiencies in the code be addressed within a specified
period; and
(d) that period ends
and the ACMA is satisfied that it is necessary or convenient for the ACMA to
determine a standard that applies to participants in that section of the
industry and deals with that matter or those matters.
(2) The period specified in
a notice under paragraph (1)(c) must run for at least 30 days.
(3) The ACMA may, by legislative
instrument, determine a standard that applies to participants in that section
of the industry and deals with that matter or those matters. A standard under
this subclause is to be known as an industry standard.
(4) If the ACMA is satisfied
that a body or association represents that section of the industry, the ACMA
must consult the body or association before determining an industry standard
under subclause (3).
(6) The industry code ceases
to be registered under this Part on the day on which the industry standard
comes into force.
(7) For
the purposes of this clause, an industry code that applies to participants in a
particular section of the internet industry and deals with one or more matters
relating to the internet activities of those participants is totally
deficient if, and only if:
(a) the code is not
operating to provide appropriate community safeguards in relation to that
matter or those matters; or
(b) the code is not
otherwise operating to regulate adequately participants in that section of the
industry in relation to that matter or those matters.
(8) The Minister may give
the ACMA a written direction as to the exercise of its powers under this
clause.
71 ACMA may determine industry
standards—partial failure of industry codes
(1) This clause applies if:
(a) an industry code
that:
(i) applies
to participants in a particular section of the internet industry; and
(ii) deals
with 2 or more matters relating to the internet activities of those
participants;
has been
registered under this Part for at least 180 days; and
(b) clause 70
does not apply to the code; and
(c) the ACMA is
satisfied that the code is deficient (as defined by subclause (7)) to the
extent to which the code deals with one or more of those matters (the deficient
matter or deficient matters); and
(d) the ACMA has
given the body or association that developed the code a written notice
requesting that deficiencies in the code be addressed within a specified
period; and
(e) that period ends
and the ACMA is satisfied that it is necessary or convenient for the ACMA to
determine a standard that applies to participants in that section of the
industry and deals with the deficient matter or deficient matters.
(2) The period specified in
a notice under paragraph (1)(c) must run for at least 30 days.
(3) The ACMA may, by legislative
instrument, determine a standard that applies to participants in that section
of the industry and deals with the deficient matter or deficient matters. A
standard under this subclause is to be known as an industry standard.
(4) If the ACMA is satisfied
that a body or association represents that section of the industry, the ACMA
must consult the body or association before determining an industry standard
under subclause (3).
(6) On and after the day on
which the industry standard comes into force, the industry code has no effect
to the extent to which it deals with the deficient matter or deficient matters.
However, this subclause does not affect:
(a) the continuing
registration of the remainder of the industry code; or
(b) any
investigation, proceeding or remedy in respect of a contravention of the
industry code or clause 66 that occurred before that day.
(7) For the purposes of this
clause, an industry code that applies to participants in a particular section
of the internet industry and deals with 2 or more matters relating to the internet
activities of those participants is deficient to the extent to
which it deals with a particular one of those matters if, and only if:
(a) the code is not
operating to provide appropriate community safeguards in relation to that
matter; or
(b) the code is not
otherwise operating to regulate adequately participants in that section of the
industry in relation to that matter.
(8) The Minister may give
the ACMA a written direction as to the exercise of its powers under this
clause.
72 Compliance with industry
standards
If:
(a) an industry
standard that applies to participants in a particular section of the internet
industry is registered under this Part; and
(b) a
person is a participant in that section of the internet industry;
the person
must comply with the industry standard.
Note: For enforcement, see Part 6
of this Schedule.
73 Formal warnings—breach of industry
standards
(1) This clause applies to a
person who is a participant in a particular section of the internet industry.
(2) The ACMA may issue a
formal warning if the person contravenes an industry standard registered under
this Part.
74 Variation of industry standards
The ACMA may, by legislative
instrument, vary an industry standard that applies to participants in a
particular section of the internet industry if it is satisfied that it is
necessary or convenient to do so to:
(a) provide appropriate
community safeguards in relation to one or more matters relating to the internet
activities of those participants; and
(b) otherwise
regulate adequately those participants in relation to one or more matters
relating to the internet activities of those participants.
75 Revocation of industry standards
(1) The ACMA may, by legislative
instrument, revoke an industry standard.
(2) If:
(a) an industry code
is registered under this Part; and
(b) the code is
expressed to replace an industry standard;
the industry standard is revoked when the
code is registered.
77 Consultation with designated body
(1) Before
determining or varying an industry standard, the ACMA must consult the
designated body.
(2) Before
revoking an industry standard under subclause 75(1), the ACMA must consult
the designated body.
Note: Designated body
is defined by clause 58.
Division 6—Register of industry codes and industry standards
78 ACMA to maintain Register of
industry codes and industry standards
(1) The ACMA is to maintain
a Register in which the ACMA includes:
(a) all industry
codes required to be registered under this Part; and
(b) all industry
standards; and
(c) all requests made
under clause 63; and
(d) all notices under
clause 64; and
(e) all directions
under clause 66.
(2) The Register may be
maintained by electronic means.
(3) The Register is to be
made available for inspection on the internet.
Part 6—Online provider rules
79 Online provider rules
For the purposes of
this Schedule, each of the following is an online provider rule:
(e) the rule set out
in subclause 48(1);
(f) the rule set out
in subclause 48(2);
(g) the rule set out
in subclause 66(2);
(h) the rule set out
in clause 72;
(i) each of the
rules (if any) set out in an online provider determination in force under
clause 80.
80 Online provider determinations
(1) The ACMA may, by
legislative instrument, make a determination setting out rules that apply to internet
service providers in relation to the supply of internet carriage services.
(3) A determination under subclause (1)
is called an online provider determination.
(4) An online provider
determination has effect only to the extent that:
(a) it is authorised
by paragraph 51(v) of the Constitution (either alone or when read together
with paragraph 51(xxxix) of the Constitution); or
(b) both:
(i) it is
authorised by section 122 of the Constitution; and
(ii) it
would have been authorised by paragraph 51(v) of the Constitution (either
alone or when read together with paragraph 51(xxxix) of the Constitution)
if section 51 of the Constitution extended to the Territories.
(5) The ACMA must not make
an online provider determination unless the determination relates to a matter
specified in the regulations.
(6) The ACMA must not make
an online provider determination if the determination relates to a matter
specified in regulations in force for the purposes of subsection 99(3) of
the Telecommunications Act 1997.
(7) An online provider
determination may make provision for or in relation to a particular matter by
empowering the ACMA to make decisions of an administrative character.
81 Exemptions from online provider
determinations
(1) The Minister may, by legislative
instrument, determine that a specified internet service provider is exempt from
online provider determinations.
(2) The Minister may, by legislative
instrument, determine that a specified internet service provider is exempt from
a specified online provider determination.
(3) A determination under
this clause may be unconditional or subject to such conditions (if any) as are
specified in the determination.
(4) A determination under
this clause has effect accordingly.
82 Compliance with online provider rules
(1) A person is guilty of an
offence if:
(a) an online
provider rule is applicable to the person; and
(b) the person
engages in conduct; and
(c) the person’s
conduct contravenes the rule.
Penalty: 50
penalty units.
Note: Subsection 4B(3) of the Crimes
Act 1914 lets a court fine a body corporate up to 5 times the maximum
amount the court could fine a person under this clause.
(2) In
this clause:
engage
in conduct means:
(a) do
an act; or
(b) omit
to perform an act.
83 Remedial directions—breach of
online provider rules
(1) This clause applies if
an internet service provider has contravened, or is contravening, an online
provider rule.
(2) The ACMA may give the
provider a written direction requiring the provider to take specified action
directed towards ensuring that the provider does not contravene the rule, or is
unlikely to contravene the rule, in the future.
(3) The following are
examples of the kinds of direction that may be given to an internet service
provider under subclause (2):
(a) a direction that
the provider implement effective administrative systems for monitoring
compliance with an online provider rule;
(b) a direction that
the provider implement a system designed to give the provider’s employees,
agents and contractors a reasonable knowledge and understanding of the
requirements of an online provider rule, in so far as those requirements affect
the employees, agents or contractors concerned.
(4) A
person is guilty of an offence if:
(a) the person is
subject to a direction under subclause (2); and
(b) the person
engages in conduct; and
(c) the
person’s conduct contravenes the direction.
Penalty: 50 penalty units.
Note: Subsection 4B(3) of the Crimes
Act 1914 lets a court fine a body corporate up to 5 times the maximum
amount the court could fine a person under this subclause.
(5) In this clause:
engage in conduct means:
(a) do an act; or
(b) omit to perform
an act.
84 Formal warnings—breach of online
provider rules
The ACMA may issue a
formal warning if a person contravenes an online provider rule.
85 Federal Court may order a person
to cease supplying internet carriage services
(1) If the ACMA is satisfied
that a person who is an internet service provider is supplying an internet
carriage service otherwise than in accordance with an online provider rule, the
ACMA may apply to the Federal Court for an order that the person cease
supplying that internet carriage service.
(2) If the Federal Court is
satisfied, on such an application, that the person is supplying an internet
carriage service otherwise than in accordance with the online provider rule,
the Federal Court may order the person to cease supplying that internet
carriage service.
Part 7—Offences
86 Continuing offences
A person who
contravenes clause 82 or subclause 83(4) is guilty of a separate
offence in respect of each day (including the day of a conviction for the
offence or any later day) during which the contravention continues.
87 Conduct by directors, employees
and agents
Body corporate
(1) If, in proceedings for
an ancillary offence relating to this Schedule, it is necessary to establish
the state of mind of a body corporate in relation to particular conduct, it is
sufficient to show:
(a) that the conduct
was engaged in by a director, employee or agent of the body corporate within
the scope of his or her actual or apparent authority; and
(b) that the
director, employee or agent had the state of mind.
(2) Any conduct engaged in
on behalf of a body corporate by a director, employee or agent of the body
corporate within the scope of his or her actual or apparent authority is taken,
for the purposes of a prosecution for:
(a) an offence
against this Schedule; or
(b) an ancillary
offence relating this Schedule;
to have been engaged in also by the body
corporate unless the body corporate establishes that the body corporate took
reasonable precautions and exercised due diligence to avoid the conduct.
Person
other than a body corporate
(3) If, in proceedings for
an ancillary offence relating to this Schedule, it is necessary to establish
the state of mind of a person other than a body corporate in relation to
particular conduct, it is sufficient to show:
(a) that the conduct
was engaged in by an employee or agent of the person within the scope of his or
her actual or apparent authority; and
(b) that the employee
or agent had the state of mind.
(4) Any conduct engaged in
on behalf of a person other than a body corporate by an employee or agent of
the person within the scope of his or her actual or apparent authority is
taken, for the purposes of a prosecution for:
(a) an offence
against this Schedule; or
(b) an ancillary
offence relating this Schedule;
to have been engaged in also by the first‑mentioned
person unless the first‑mentioned person establishes that the first‑mentioned
person took reasonable precautions and exercised due diligence to avoid the
conduct.
(5) If:
(a) a person other
than a body corporate is convicted of an offence; and
(b) the person would
not have been convicted of the offence if subclauses (3) and (4) had not
been enacted;
the person is not liable to be punished
by imprisonment for that offence.
State of mind
(6) A reference in subclause (1)
or (3) to the state of mind of a person includes a reference to:
(a) the knowledge,
intention, opinion, belief or purpose of the person; and
(b) the person’s
reasons for the intention, opinion, belief or purpose.
Director
(7) A reference in this
clause to a director of a body corporate includes a reference to
a constituent member of a body corporate incorporated for a public purpose by a
law of the Commonwealth, a State or a Territory.
Engaging in conduct
(8) A reference in this
clause to engaging in conduct includes a reference to failing or
refusing to engage in conduct.
Ancillary offence relating to this
Schedule
(9) A reference in this
clause to an ancillary offence relating to this Schedule is
a reference to an offence created by section 6 of the Crimes Act 1914
or Part 2.4 of the Criminal Code that relates to this Schedule.
Part 8—Protection from civil and criminal proceedings
88 Protection from civil
proceedings—internet service providers
(1) Civil proceedings do not
lie against an internet service provider in respect of anything done by the
provider in compliance with:
(a) a code registered
under Part 5 of this Schedule; or
(b) a standard
determined under Part 5 of this Schedule;
in so far as the code or standard deals
with procedures referred to in paragraph 60(2)(d) of this Schedule.
(2) Civil proceedings do not
lie against an internet service provider in respect of anything done by the
provider in compliance with clause 48.
Part 9—Operation of State and Territory laws etc.
90 Concurrent operation of State and
Territory laws
It is the intention of
the Parliament that this Schedule is not to apply to the exclusion of a law of
a State or Territory to the extent to which that law is capable of operating
concurrently with this Schedule.
91 Liability of internet content
hosts and internet service providers under State and Territory laws etc.
(1) A law of a State or
Territory, or a rule of common law or equity, has no effect to the extent to
which it:
(a) subjects, or
would have the effect (whether direct or indirect) of subjecting, an internet
content host to liability (whether criminal or civil) in respect of hosting
particular internet content in a case where the host was not aware of the
nature of the internet content; or
(b) requires, or
would have the effect (whether direct or indirect) of requiring, an internet
content host to monitor, make inquiries about, or keep records of, internet
content hosted by the host; or
(c) subjects, or
would have the effect (whether direct or indirect) of subjecting, an internet
service provider to liability (whether criminal or civil) in respect of
carrying particular internet content in a case where the service provider was
not aware of the nature of the internet content; or
(d) requires, or would
have the effect (whether direct or indirect) of requiring, an internet service
provider to monitor, make inquiries about, or keep records of, internet content
carried by the provider.
(2) The Minister may, by legislative
instrument, exempt a specified law of a State or Territory, or a specified rule
of common law or equity, from the operation of subclause (1).
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
(3) An exemption under subclause (2)
may be unconditional or subject to such conditions (if any) as are specified in
the exemption.
Declaration by Minister
(4) The Minister may, by legislative
instrument, declare that a specified law of a State or Territory, or a
specified rule of common law or equity, has no effect to the extent to which
the law or rule has a specified effect in relation to an internet content host.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
(5) The Minister may, by legislative
instrument, declare that a specified law of a State or Territory, or a
specified rule of common law or equity, has no effect to the extent to which
the law or rule has a specified effect in relation to an internet service
provider.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
(6) A declaration under subclause (4)
or (5) has effect only to the extent that:
(a) it is authorised
by paragraph 51(v) of the Constitution (either alone or when read together
with paragraph 51(xxxix) of the Constitution); or
(b) both:
(i) it is
authorised by section 122 of the Constitution; and
(ii) it
would have been authorised by paragraph 51(v) of the Constitution (either
alone or when read together with paragraph 51(xxxix) of the Constitution)
if section 51 of the Constitution extended to the Territories.
Part 10—Review of decisions
92 Review by the AAT
(1) An application may be
made to the AAT for a review of any of the following decisions made by the ACMA:
(e) a decision to
give an internet service provider a standard access‑prevention notice;
(f) a decision to
give an internet service provider a special access‑prevention notice;
(g) a decision under
clause 66 or 83 to:
(i) give
a direction to an internet service provider; or
(ii) vary
a direction that is applicable to an internet service provider; or
(iii) refuse
to revoke a direction that is applicable to an internet service provider;
(h) a decision of a
kind referred to in subclause 80(7) (which deals with decisions under
online provider determinations), where the decision relates to an internet
service provider.
(2) An application under subclause (1)
may only be made by the internet service provider concerned.
(3) An application may be
made to the AAT for a review of a decision of the ACMA under clause 62 to
refuse to register a code.
(4) An application under subclause (3)
may only be made by the body or association that developed the code.
93 Notification of decisions to
include notification of reasons and appeal rights
If the ACMA makes a
decision that is reviewable under clause 92, the ACMA is to include in the
document by which the decision is notified:
(a) a statement
setting out the reasons for the decision; and
(b) a statement to
the effect that an application may be made to the AAT for a review of the
decision.
Part 11—Miscellaneous
94 Additional ACMA functions
The ACMA has the
following functions:
(a) to monitor
compliance with codes and standards registered under Part 5 of this
Schedule;
(b) to advise and
assist parents and responsible adults in relation to the supervision and
control of children’s access to internet content;
(c) to conduct and/or
co‑ordinate community education programs about internet content and internet
carriage services, in consultation with relevant industry and consumer groups
and government agencies;
(d) to conduct and/or
commission research into issues relating to internet content and internet
carriage services;
(e) to liaise with
regulatory and other relevant bodies overseas about co‑operative arrangements
for the regulation of the internet industry, including (but not limited to)
collaborative arrangements to develop:
(i) multilateral
codes of practice; and
(ii) internet
content labelling technologies;
(f) to inform itself
and advise the Minister on technological developments and service trends in the
internet industry.
96 Schedule not to affect
performance of State or Territory functions
A power conferred by
this Schedule must not be exercised in such a way as to prevent the exercise of
the powers, or the performance of the functions, of government of a State, the Northern Territory, the Australian Capital Territory or Norfolk Island.
Schedule 6—Datacasting services
Note: See section 216c.
Part 1—Introduction
1 Simplified outline
The following is a
simplified outline of this Schedule:
• This Schedule
sets up a system for regulating the provision of datacasting services.
• A person
who provides a designated datacasting service must hold a datacasting licence.
• Datacasting
content will be subject to restrictions. Those restrictions are designed to
encourage datacasting licensees to provide a range of innovative services that
are different to traditional broadcasting services.
• The main
restrictions on datacasting content are as follows:
(a) restrictions
on the provision of certain genres of television programs;
(b) restrictions
on the provision of audio content.
• Datacasting
licensees (other than restricted datacasting licensees)
will be allowed to provide the following types of
content:
(a) information‑only
programs (including matter that enables people to carry out transactions);
(b) educational
programs;
(c) interactive
computer games;
(d) content
in the form of text or still visual images;
(e) Parliamentary
broadcasts;
(f) ordinary
email;
(g) internet
content.
• Restricted
datacasting licensees will not be allowed to provide content in a form that is specified in a legislative instrument made by the
Minister.
• A group
that represents datacasting licensees may develop codes of practice.
• The ACMA
has a reserve power to make a standard if there are no codes of practice or if
a code of practice is deficient.
• The ACMA may investigate complaints about datacasting licensees.
2 Definitions
(1) In this Schedule, unless
the contrary intention appears:
advertising or sponsorship material means advertising or sponsorship material (whether or not of a
commercial kind).
Classification Board means the Classification Board established by the Classification
(Publications, Films and Computer Games) Act 1995.
compilation program means a program that consists of video clips or other matter edited
together to form a structured program, where there is a heavy emphasis on
entertainment value.
declared internet carriage service has the meaning given by clause 23B.
designated datacasting service has the meaning given by clause 2A.
designated teletext service means a teletext service provided by a commercial television
broadcasting licensee, where:
(a) the licensee
provided the service throughout the 2‑year period ending immediately before the
commencement of this Schedule; and
(b) the service
remains substantially the same as the service provided throughout that 2‑year
period.
drama program has the same meaning as in section 103B.
educational program has the meaning given by clause 3.
engage
in conduct (except in clause 55 or 56)
means:
(a) do
an act; or
(b) omit to perform
an act.
financial, market or business
information bulletin means a bulletin the sole
or dominant purpose of which is to provide information, analysis, commentary or
discussion in relation to financial, market or business matters.
foreign‑language news or current affairs
program has the meaning given by clause 5.
information‑only program has the meaning given by clause 4.
infotainment or lifestyle program means a program the sole or dominant purpose of which is to present
factual information in an entertaining way, where there is a heavy emphasis on
entertainment value.
interactive computer game means a computer game, where:
(a) the way the game
proceeds, and the result achieved at various stages of the game, is determined
in response to the decisions, inputs and direct involvement of the player; and
(b) a part of the
software that enables end‑users to play the game is under the control of the
datacasting licensee concerned.
internet carriage service has the same meaning as in Schedule 5, but does not include a
service that transmits content that has been copied from the internet, where
the content is selected by the datacasting licensee concerned.
music program means a program the sole or dominant purpose of which is to
provide:
(a) music with video
clips; or
(b) video footage of
musical performances;
or both.
news or current affairs program means any of the following:
(a) a news bulletin;
(b) a sports news
bulletin;
(c) a program
(whether presenter‑based or not) whose sole or dominant purpose is to provide
analysis, commentary or discussion principally designed to inform the general
community about social, economic or political issues of current relevance to
the general community.
nominated datacaster declaration means a declaration under clause 45.
ordinary email does not include a posting to a newsgroup.
qualified entity means:
(a) a company that:
(i) is
registered under Part 2A.2 of the Corporations Act 2001; and
(ii) has a
share capital; or
(b) the Commonwealth,
a State or a Territory; or
(c) the Australian
Broadcasting Corporation; or
(d) the Special
Broadcasting Service Corporation; or
(e) any other body
corporate established for a public purpose by a law of the Commonwealth or of a
State or Territory.
“reality television” program means a program the sole or dominant purpose of which is to depict
actual, contemporary events, people or situations in a dramatic or entertaining
way, where there is a heavy emphasis on dramatic impact or entertainment value.
related body corporate has the same meaning as in the Corporations Act 2001.
sports program means a program the sole or dominant purpose of which is to
provide:
(a) coverage of one
or more sporting events; or
(b) analysis,
commentary or discussion in relation to one or more sporting events;
or both, but does not include a sports
news bulletin.
transmitter licence has the same meaning as in the Radiocommunications Act 1992.
(2) In determining the
meaning of an expression used in a provision of this Act (other than this
Schedule), this clause is to be disregarded.
2A Designated datacasting service
(1) For the purposes of this
Schedule, a designated datacasting service is a datacasting
service that:
(a) is provided by a
person who is:
(i) a
commercial television broadcasting licensee; or
(ii) a
commercial radio broadcasting licensee; or
(iii) a
national broadcaster; or
(b) is of a kind
specified in an instrument under subclause (2).
(2) The Minister may, by
legislative instrument, specify kinds of datacasting services for the purposes
of paragraph (1)(b).
3 Educational programs
(1) For
the purposes of this Schedule, an educational program is matter,
where, having regard to:
(a) the substance of
the matter; and
(b) the way in which
the matter is advertised or promoted; and
(c) any other
relevant matters;
it would be concluded that the sole or
dominant purpose of the matter is to assist a person in education or learning,
whether or not in connection with a course of study or instruction.
(2) Subclause (1) has
effect subject to subclauses (3) and (4).
ACMA determinations
(3) The ACMA may make a
written determination providing that, for the purposes of this Schedule,
specified matter is taken to be an educational program.
(4) The ACMA may make a
written determination providing that, for the purposes of this Schedule,
specified matter is taken not to be an educational program.
(5) A determination under subclause (3)
or (4) has effect accordingly.
(6) A determination under subclause (3)
or (4) is to be an instrument of a legislative character.
(7) A determination under subclause (3)
or (4) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
4 Information‑only programs
(1) For the purposes of this
Schedule, an information‑only program is matter the sole or
dominant purpose of which is to:
(a) provide factual
information, or directly‑related comment, about any of a wide range of matters,
including but not limited to any of the following:
(i) products;
(ii) services;
(iii) community
activities;
(iv) domestic
or household matters;
(v) private
recreational pursuits or hobbies;
(vi) legal
rights, obligations or responsibilities;
(vii) first
aid, health or safety matters;
(viii) emergencies
or natural disasters;
(ix) rural
matters;
(x) travel
matters;
(xi) crime
prevention matters; or
(b) enable and/or
facilitate the carrying out and/or completion of transactions;
or both, where there is not a significant
emphasis on dramatic impact or entertainment.
(2) Subclause (1) has
effect subject to subclauses (3) and (4).
ACMA determinations
(3) The ACMA may make a
written determination providing that, for the purposes of this Schedule,
specified matter is taken to be an information‑only program.
(4) The ACMA may make a
written determination providing that, for the purposes of this Schedule,
specified matter is taken not to be an information‑only program.
(5) A determination under subclause (3)
or (4) has effect accordingly.
(6) A determination under subclause (3)
or (4) is to be an instrument of a legislative character.
(7) A determination under subclause (3)
or (4) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
Definitions
(8) In
this clause:
community
activity means:
(a) a meeting, event,
performance or other activity that can be attended by:
(i) the
public; or
(ii) a
section of the public; or
(iii) members
of a particular club, society or organisation; or
(b) the activity of
visiting an institution, a tourist attraction or other place;
whether on payment of a charge or
otherwise.
product includes real property.
services means any services, benefits, rights, privileges or facilities that
are capable of being provided, granted or conferred:
(a) in trade or
commerce; or
(b) by a government
or government authority; or
(c) in any other way.
transactions includes:
(a) commercial
transactions; and
(b) banking
transactions; and
(c) insurance
transactions; and
(d) dealings about
employment matters; and
(e) dealings with
governments and government authorities.
5 Foreign‑language news or current
affairs programs
(1) For the purposes of this
Schedule, a foreign‑language news or current affairs program
means a news or current affairs program that is wholly in a language other than
English.
(2) For the purposes of subclause (1),
disregard minor and infrequent uses of the English language.
(3) For the purposes of subclause (1),
disregard any English language subtitles or captioning.
6 Datacasting content is taken not
to be a television program or a radio program etc.
For the purposes of
this Act (other than Divisions 1 and 2 of Part 3 of this Schedule)
and any other law of the Commonwealth (other than the Tobacco Advertising
Prohibition Act 1992), if a datacasting service is provided under, and in
accordance with the conditions of, a datacasting licence:
(a) any matter
provided on that service is taken not to be a television program or a radio
program; and
(b) any matter
provided on that service is taken not to be broadcast or televised; and
(c) that service is
taken not to be a broadcasting service, a television service or a radio
service.
Part 2—Datacasting licences
7 Allocation of datacasting licence
(1) The ACMA may allocate a
datacasting licence to a person, on written application by the person.
(2) Applications must:
(a) be in accordance
with a form approved in writing by the ACMA; and
(b) be accompanied by
the application fee determined in writing by the ACMA.
(3) An application under subsection (1)
may be expressed to be an application for a restricted datacasting licence.
8 When datacasting licence must not
be allocated
(1) A datacasting licence is
not to be allocated to an applicant if:
(a) the applicant is
not a qualified entity; or
(b) the ACMA decides
that subclause 9(1) applies to the applicant.
(2) The ACMA may refuse to
allocate a datacasting licence to an applicant if a datacasting licence held by
the applicant, or by a related body corporate of the applicant, was cancelled
at any time during the previous 12 months.
(3) Paragraph (1)(b)
does not require the ACMA to consider the application of clause 9 in
relation to an applicant before allocating a licence to the applicant.
9 Unsuitable applicant
(1) The ACMA may, if it is
satisfied that allowing a particular person to provide a datacasting service
under a datacasting licence would lead to a significant risk of:
(a) an offence
against this Act or the regulations being committed; or
(aa) a breach of a
civil penalty provision occurring; or
(b) a breach of the
conditions of the licence occurring;
decide that this subclause applies to the
person.
(2) In deciding whether such
a risk exists, the ACMA is to take into account:
(a) the business
record of the person; and
(b) the person’s
record in situations requiring trust and candour; and
(c) the business
record of each person who would be, if a datacasting licence were allocated to
the first‑mentioned person, in a position to control the licence; and
(d) the record in
situations requiring trust and candour of each such person; and
(e) whether the first‑mentioned
person, or a person referred to in paragraph (c) or (d), has been
convicted of an offence against this Act or the regulations; and
(f) whether a civil
penalty order has been made against:
(i) the
first‑mentioned person; or
(ii) a
person referred to in paragraph (c) or (d).
(3) This clause does not
affect the operation of Part VIIC of the Crimes Act 1914 (which
includes provisions that, in certain circumstances, relieve persons from the
requirement to disclose spent convictions and require persons aware of such
convictions to disregard them).
10 Transfer of datacasting licences
(1) A datacasting licensee
may transfer the licence to another qualified entity.
(2) A transferee of a
datacasting licence must, within 7 days after the transfer, notify the ACMA of
the transfer.
Penalty: 50 penalty units.
(2A) Subclause (2) is an
offence of strict liability.
Note: For strict liability,
see section 6.1 of the Criminal Code.
(3) A notification must be
in accordance with a form approved in writing by the ACMA.
11 Surrender of datacasting licences
A datacasting licensee
may, by written notice given to the ACMA, surrender the licence.
12 ACMA to maintain Register of
datacasting licences that are not restricted datacasting licences
(1) The ACMA is to maintain
a Register in which the ACMA includes:
(a) particulars of
datacasting licences (other than restricted datacasting licences); and
(b) such information
about transmitter licences as the ACMA determines.
(2) The Register may be
maintained by electronic means.
(3) The Register is to be
made available for inspection on the internet.
12A ACMA to maintain Register of
restricted datacasting licences
(1) The ACMA is to maintain
a Register in which the ACMA includes particulars of restricted datacasting
licences.
(2) The Register may be
maintained by electronic means.
(3) The Register is to be
made available for inspection on the internet.
Part 3—Conditions of datacasting licences
Division 1—Genre conditions
13 Category A television programs
(1) For the purposes of this
Division, each of the following television programs is a category A
television program:
(a) a drama program;
(c) a sports program;
(d) a music program;
(e) an infotainment
or lifestyle program;
(f) a documentary
program;
(g) a “reality
television” program;
(h) a children’s entertainment
program;
(i) a light
entertainment or variety program;
(j) a compilation
program;
(k) a quiz or games
program;
(l) a comedy
program;
(m) a program that
consists of a combination of any or all of the above programs.
(2) Subclause (1) has effect
subject to subclauses (3), (4) and (5).
(3) For the purposes of this
Division, neither of the following television programs is a category A
television program:
(a) an information‑only
program;
(b) an educational
program.
ACMA genre determinations
(4) The ACMA may make a
written determination providing that, for the purposes of this Division, a
specified television program or specified matter is taken to be a category
A television program covered by a specified paragraph of subclause (1).
(5) The
ACMA may make a written determination providing that, for the purposes of this
Division, a specified television program or specified matter is taken not to be
a category A television program covered by a specified paragraph
of subclause (1).
(6) A determination under subclause (4)
or (5) has effect accordingly.
(7) A determination under subclause (4)
or (5) is to be an instrument of a legislative character.
(8) A determination under subclause (4)
or (5) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
14 Condition relating to category A
television programs
(1) Each datacasting licence
is subject to the condition that the licensee will not transmit matter that, if
it were broadcast on a commercial television broadcasting service, would be:
(a) a category A
television program; or
(b) an extract from a
category A television program.
(2) The condition set out in
subclause (1) does not prevent the licensee from transmitting an extract
from a category A television program, so long as:
(a) the extract is
not longer than 10 minutes; and
(c) the extract is
not combined with one or more other extracts from category A television
programs in such a way that the extracts together constitute the whole or a
majority of a particular category A television program; and
(d) having regard to:
(i) the
nature of the extract; and
(ii) the
circumstances in which the extract is provided;
it would be
concluded that the licensee did not intend that the extract be combined with
one or more other extracts from category A television programs in such a way
that the extracts together constitute the whole or a majority of a particular
category A television program.
(3) A reference in subclause (2)
to a category A television program is a reference to matter that
is covered by subclause (1) because of paragraph (1)(a).
(4) A reference in subclause (2)
to an extract from a category A television program is a reference
to matter that is covered by subclause (1) because of paragraph (1)(b).
(5) If, because of subclause (2)
of this clause, a datacasting licensee can transmit matter without breaching
the condition set out in subclause (1) of this clause, the condition set
out in subclause 16(1) does not prevent the licensee from transmitting
that matter.
15 Category B television programs
(1) For the purposes of this
Division, each of the following television programs is a category B
television program:
(a) a news or current
affairs program;
(b) a financial,
market or business information bulletin;
(c) a weather
bulletin;
(d) a bulletin or
program that consists of a combination of any or all of the above bulletins or
programs.
(2) Subclause (1) has
effect subject to subclauses (3), (4) and (5).
(3) For the purposes of this
Division, none of the following television programs is a category B
television program:
(a) an information‑only
program;
(b) an educational
program;
(c) a foreign‑language
news or current affairs program.
ACMA genre determinations
(4) The ACMA may make a
written determination providing that, for the purposes of this Division, a
specified television program or specified matter is taken to be a category
B television program covered by a specified paragraph of subclause (1).
(5) The ACMA may make a
written determination providing that, for the purposes of this Division, a
specified television program or specified matter is taken not to be a category
B television program covered by a specified paragraph of subclause (1).
(6) A determination under subclause (4)
or (5) has effect accordingly.
(7) A determination under subclause (4)
or (5) is to be an instrument of a legislative character.
(8) A determination under subclause (4)
or (5) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
16 Condition relating to category B
television programs
(1) Each datacasting licence
is subject to the condition that the licensee will not transmit matter that, if
it were broadcast on a commercial television broadcasting service, would be:
(a) a category B
television program; or
(b) an extract from a
category B television program.
(2) The condition set out in
subclause (1) does not prevent the licensee from transmitting a bulletin,
or program, (whether presenter‑based or not), so long as:
(a) the bulletin or
program is not longer than 10 minutes; and
(b) if:
(i) an
earlier bulletin or program covered by subclause (1) was transmitted by
the licensee; and
(ii) the
content of the first‑mentioned bulletin or program differs in any respect from
the content of the earlier bulletin or program;
the interval
between the start of the transmission of the earlier bulletin or program and
the start of the transmission of the first‑mentioned bulletin or program is at
least 30 minutes; and
(c) the bulletin or
program is not combined with one or more other bulletins or programs in such a
way that the bulletins or programs together constitute a bulletin or program
longer than 10 minutes; and
(d) having regard to:
(i) the
nature of the bulletin or program; and
(ii) the
circumstances in which the bulletin or program is provided;
it would be
concluded that the licensee did not intend that the bulletin or program be
combined with one or more other bulletins or programs in such a way that the
bulletins or programs together constitute a bulletin or program longer than 10
minutes.
(3) The condition set out in
subclause (1) does not prevent the licensee from transmitting a bulletin
or program, so long as:
(a) the bulletin or
program is not a presenter‑based bulletin or program; and
(b) one of the
following applies:
(i) the
bulletin or program consists of a single item of news (including a single item
of sports news);
(ii) the
bulletin or program is a financial, market or business information bulletin or
program that deals with a single topic;
(iia) the bulletin
or program is a compilation of items, the subject of which is the same or
directly related, and is not longer than 10 minutes;
(iii) the
bulletin or program is a weather bulletin or program; and
(c) the bulletin or
program can only be accessed by an end‑user who makes a selection from an on‑screen
menu.
(4) In this clause:
presenter‑based bulletin or program means a bulletin or program that consists
of, or includes, a combination of:
(a) introductory or
closing segments, or both, spoken by a host, or an anchor presenter, who is
visible on the screen; and
(b) video images
(whether or not with accompanying sound).
(5) If, because of subclause (2)
or (3) of this clause, a datacasting licensee can transmit matter without
breaching the condition set out in subclause (1) of this clause, the
condition set out in subclause 14(1) does not prevent the licensee from
transmitting that matter.
17 Genre conditions do not apply to
Parliamentary proceedings etc.
The conditions set out
in clauses 14 and 16 do not prevent a datacasting licensee from
transmitting live matter that consists of:
(a) the proceedings
of, or the proceedings of a committee of, a Parliament; or
(b) the proceedings
of a court or tribunal in Australia; or
(c) the proceedings
of an official inquiry or Royal Commission in Australia; or
(d) a hearing
conducted by a body established for a public purpose by a law of the
Commonwealth or of a State or Territory.
18 Genre conditions do not apply to
matter that consists of no more than text or still visual images etc.
(1) The conditions set out
in clauses 14 and 16 do not prevent a datacasting licensee from
transmitting matter that consists of no more than:
(a) text; or
(b) text accompanied
by associated sounds; or
(c) still visual
images; or
(d) still visual
images accompanied by associated sounds; or
(e) any combination
of matter covered by the above paragraphs; or
(f) any combination
of:
(i) matter
that is covered by any of the above paragraphs (the basic matter);
and
(ii) animated
images (with or without associated sounds);
where:
(iii) having
regard to the substance of the animated images, it would be concluded that the
animated images are ancillary or incidental to the basic matter; or
(iv) the
animated images consist of advertising or sponsorship material.
(2) In determining the
meaning of the expressions television or television program,
when used in a provision of this Act, subclause (1) is to be disregarded.
18A Genre conditions do not apply to
advertising or sponsorship material
The conditions set out
in clauses 14 and 16 do not prevent a datacasting licensee from
transmitting advertising or sponsorship material.
19 Genre conditions do not apply to
interactive computer games
(1) The conditions set out
in clauses 14 and 16 do not prevent a datacasting licensee from providing
an interactive computer game.
(2) In determining the
meaning of the expressions television or television program,
when used in a provision of this Act, subclause (1) is to be disregarded.
20 Genre conditions do not apply to
internet carriage services or ordinary email
(1) The conditions set out
in clauses 14 and 16 do not apply to:
(a) the transmission
of so much of a datacasting service as consists of an internet carriage service
(other than a declared internet carriage service); or
(b) the transmission
of ordinary email.
(2) In determining the
meaning of the expressions television or television program,
when used in a provision of this Act, subclause (1) is to be disregarded.
20AA Genre conditions do not apply
to certain content copied from the internet
(1) The conditions set out
in clauses 14 and 16 do not apply to the transmission of matter if:
(a) the matter is
content that has been copied from the internet; and
(b) the content is selected
by the datacasting licensee concerned; and
(c) there is in force
an exemption order under subclause 27A(1) in relation to the transmission
of the matter.
(2) In determining the
meaning of the expressions television or television program,
when used in a provision of this Act, subclause (1) is to be disregarded.
Division 2—Audio content condition
21 Audio content condition
(1) Each datacasting licence
is subject to the condition that the licensee will not transmit matter that, if
it were broadcast on a commercial radio broadcasting service, would be a
designated radio program.
Designated radio program
(2) For the purposes of this
clause, a designated radio program is a radio program other than:
(a) an information‑only
program; or
(b) an educational
program; or
(c) a foreign‑language
news or current affairs program.
(3) Subclause (2) has
effect subject to subclauses (4) and (5).
ACMA determinations
(4) The ACMA may make a
written determination providing that, for the purposes of this clause, a
specified radio program or specified matter is taken to be a designated
radio program.
(5) The ACMA may make a
written determination providing that, for the purposes of this clause, a
specified radio program or specified matter is taken not to be a designated
radio program.
(6) A determination under subclause (4)
or (5) has effect accordingly.
(7) A determination under subclause (4)
or (5) is to be an instrument of a legislative character.
(8) A determination under subclause (4)
or (5) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
Condition does not apply to incidental
or background audio content
(8A) The condition set out in subclause (1)
does not apply to the transmission of audio content that is incidental to, or
provided as background to, matter displayed on the screen.
Condition does not apply to internet
carriage services
(9) The condition set out in
subclause (1) does not apply to the transmission of so much of a
datacasting service as consists of an internet carriage service (other than a
declared internet carriage service).
Condition does not apply to certain
content copied from the internet
(10) The condition set out in subclause (1)
does not apply to the transmission of matter if:
(a) the matter is
content that has been copied from the internet; and
(b) the content is
selected by the datacasting licensee concerned; and
(c) there is in force
an exemption order under subclause 27A(1) in relation to the transmission
of the matter.
22 Audio content condition does not
apply to Parliamentary proceedings etc.
The condition set out
in clause 21 does not prevent a datacasting licensee from transmitting
live audio content that consists of:
(a) the proceedings
of, or the proceedings of a committee of, a Parliament; or
(b) the proceedings
of a court or tribunal in Australia; or
(c) the proceedings
of an official inquiry or Royal Commission in Australia; or
(d) a hearing
conducted by a body established for a public purpose by a law of the
Commonwealth or of a State or Territory.
23 Audio content condition does not
apply to matter that consists of no more than text or still visual images etc.
(1) The condition set out in
clause 21 does not prevent a datacasting licensee from transmitting matter
that consists of no more than:
(a) text; or
(b) text accompanied
by associated sounds; or
(c) still visual
images; or
(d) still visual
images accompanied by associated sounds; or
(e) any combination
of matter covered by the above paragraphs; or
(f) any combination
of:
(i) matter
that is covered by any of the above paragraphs (the basic matter);
and
(ii) animated
images (with or without associated sounds);
where:
(iii) having
regard to the substance of the animated images, it would be concluded that the
animated images are ancillary or incidental to the basic matter; or
(iv) the
animated images consist of advertising or sponsorship material.
(2) In determining the
meaning of the expressions radio or radio program,
when used in a provision of this Act, subclause (1) is to be disregarded.
23A Audio content condition does not
apply to advertising or sponsorship material
The condition set out
in clause 21 does not prevent a datacasting licensee from transmitting
advertising or sponsorship material.
Division 2A—Genre conditions: anti‑avoidance
23B Anti‑avoidance—declared internet
carriage services
(1) If:
(a) the whole or a
part of a datacasting service provided under a datacasting licence consists of
an internet carriage service; and
(b) one or more
persons enter into, begin to carry out, or carry out, a scheme; and
(c) the ACMA is of
the opinion that the person, or any of the persons, who entered into, began to
carry out, or carried out, the scheme did so for the sole or dominant purpose
of avoiding the application to the licensee of Division 1 or 2;
the ACMA may, by writing, determine that,
for the purposes of the application of this Schedule to the licensee, the internet
carriage service is a declared internet carriage service.
(2) The person, or any of
the persons, referred to in paragraphs (1)(b) and (c) may be the licensee.
(3) A determination under subclause (1)
has effect accordingly.
(4) In this clause:
scheme means:
(a) any agreement,
arrangement, understanding, promise or undertaking, whether express or implied
and whether or not enforceable, or intended to be enforceable, by legal
proceedings; or
(b) any scheme, plan,
proposal, action, course of action or course of conduct, whether there are 2 or
more parties or only one party involved.
Division 3—Other conditions
24 General conditions
(1) Each datacasting licence
is subject to the following conditions:
(a) the licensee will
comply with the requirements of clauses 3, 3A, 4, 5 and 6 of Schedule 2
(as modified by subclause (4) of this clause);
(b) the licensee will
not, in contravention of the Tobacco Advertising Prohibition Act 1992,
transmit a tobacco advertisement within the meaning of that Act;
(c) the licensee will
comply with standards applicable to the licence under clause 31;
(ca) if the licence is
not a restricted datacasting licence—the licensee will comply with any standards
under section 130A (which deals with technical standards for
digital transmission);
(d) the licensee will
not use the datacasting service in the commission of an offence against another
Act or a law of a State or Territory;
(e) the licensee will
not transmit datacasting content that has been classified as RC or X 18+ by the
Classification Board;
(f) the licensee
will not transmit datacasting content that has been classified R 18+ by the
Classification Board unless:
(i) the
content has been modified as mentioned in paragraph 28(4)(b); or
(ii) access
to the program is subject to a restricted access system (within the meaning of
clause 27);
(g) the licensee will
comply with subsection 130V(1) (which deals with industry standards);
(h) if the whole or a
part of the datacasting service consists of an internet carriage service—the
licensee will comply with an online provider rule (within the meaning of
Schedule 5) that is applicable to the licensee in relation to the internet
carriage service;
(i) if the licence
is not a restricted datacasting licence—the licensee will not use the part of
the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting
services bands in subsection 6(1) to provide a datacasting service
under the licence.
(2) The conditions set out
in paragraphs (1)(a), (c), (e) and (f) do not apply in relation to:
(a) the transmission
of so much of a datacasting service as consists of an internet carriage
service; or
(b) the transmission
of ordinary email.
(3) The condition set out in
paragraph (1)(b) does not apply in relation to the transmission of
ordinary email.
(4) Clauses 3, 3A, 4, 5
and 6 of Schedule 2 apply to datacasting services provided under
datacasting licences in a corresponding way to the way in which those clauses
apply to broadcasting services, and, in particular, those clauses have effect
as if:
(a) a reference in
those clauses to a person providing broadcasting services under a class licence
included a reference to a person who is a datacasting licensee; and
(b) a reference in
those clauses to a broadcasting service included a reference to a datacasting
service; and
(c) a reference in
those clauses to broadcast included a reference to provide on a datacasting
service; and
(d) subclause 4(2)
of Schedule 2 were not applicable to political matter provided under a
datacasting licence, where the political matter consists of no more than:
(i) text;
or
(ii) still
visual images; or
(iii) any
combination of matter covered by the above subparagraphs; and
(e) clause 4 of
Schedule 2 also provided that, if a datacasting licensee provides on a
datacasting service, at the request of another person, political matter that
consists of no more than:
(i) text;
or
(ii) still
visual images; or
(iii) any
combination of matter covered by the above subparagraphs;
the licensee
must also cause to be displayed to end‑users the required particulars in
relation to the political matter in a form approved in writing by the ACMA.
(5) Subclause (4)
does not apply to:
(a) the transmission
of so much of a datacasting service as consists of an internet carriage
service; or
(b) the transmission
of ordinary email.
24A Special conditions for
restricted datacasting licences
Each restricted
datacasting licence is subject to the following conditions:
(a) the datacasting
content provided under the licence will be transmitted using a digital
modulation technique;
(b) if a form of
datacasting content is specified in a legislative instrument made by the
Minister—the licensee will not provide datacasting content in that form;
(c) the licensee will
comply with any standards under section 130AA (which deals with technical
standards for digital transmission).
25 Suitability condition
(1) Each datacasting licence
is subject to the condition that the licensee will remain a suitable licensee.
(2) For the purposes of this
clause, a person is a suitable licensee if the ACMA has not decided that subclause (3)
applies to the person.
(3) The ACMA may, if it is
satisfied that allowing a particular person to provide, or continue to provide,
datacasting services under a datacasting licence would lead to a significant
risk of:
(a) an offence
against this Act or the regulations being committed; or
(b) a breach of the
conditions of the licence occurring;
decide that this subclause applies to the
person.
(4) In deciding whether such
a risk exists, the ACMA is to take into account:
(a) the business
record of the person; and
(b) the person’s
record in situations requiring trust and candour; and
(c) the business
record of each person who is in a position to control the licence; and
(d) the record in
situations requiring trust and candour of each such person; and
(e) whether the first‑mentioned
person, or a person referred to in paragraph (c) or (d), has been
convicted of an offence against this Act or the regulations.
(5) This clause does not
affect the operation of Part VIIC of the Crimes Act 1914 (which
includes provisions that, in certain circumstances, relieve persons from the
requirement to disclose spent convictions and require persons aware of such
convictions to disregard them).
26 Additional conditions imposed by
the ACMA
(1) The ACMA may, by written
notice given to a datacasting licensee:
(a) impose an
additional condition on the licence; or
(b) vary or revoke a
condition of the licence imposed under this clause.
(2) If the ACMA proposes to
vary or revoke a condition or to impose a new condition, the ACMA must:
(a) give to the
licensee written notice of its intention; and
(b) give to the
licensee a reasonable opportunity to make representations to the ACMA in
relation to the proposed action; and
(c) make the proposed
changes available on the internet.
(3) Action taken under subclause (1)
must not be inconsistent with conditions set out in:
(a) clause 14;
or
(b) clause 16;
or
(c) clause 21;
or
(d) clause 24;
or
(e) clause 25.
(4) Conditions of
datacasting licences varied or imposed by the ACMA must be relevant to the
datacasting services to which those licences relate.
(5) Without
limiting the range of conditions that may be imposed, the ACMA may impose a
condition on a datacasting licensee:
(a) requiring the
licensee to comply with a code of practice that is applicable to the licensee;
or
(b) designed to
ensure that a breach of a condition by the licensee does not recur.
ACMA to maintain Register of
conditions
(6) The ACMA is to maintain
a register in which it includes particulars of:
(a) conditions
imposed under this clause; and
(b) variations of
conditions under this clause; and
(c) revocations of
conditions under this clause.
(7) The Register may be
maintained by electronic means.
(8) The Register is to be
made available for inspection on the internet.
27 Restricted access system
(1) The
ACMA may, by written instrument, declare that a specified access‑control system
is a restricted access system for the purposes of this Division.
A declaration under this subclause has effect accordingly.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
(2) In making an instrument
under subclause (1), the ACMA must have regard to:
(a) the objective of
protecting children from exposure to matter that is unsuitable for children;
and
(b) such other
matters (if any) as the ACMA considers relevant.
(3) An instrument under subclause (1)
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Division 4—Exemption orders for content copied from the internet
27A Exemption orders in relation to
content copied from the internet
(1) If the ACMA is satisfied
that:
(a) matter is
proposed to be transmitted by a datacasting licensee; and
(b) the matter is
content that is proposed to be copied from the internet; and
(c) the content is
proposed to be selected by the datacasting licensee; and
(d) if it were
assumed that clause 20AA and subclause 21(10) had not been enacted:
(i) any
breach of the conditions set out in clauses 14 and 16 and subclause 21(1)
that would arise from the transmission of the matter would be of a minor,
infrequent or incidental nature; or
(ii) the
transmission of the matter would not be contrary to the purpose of clauses 14,
16 and 21;
the ACMA may, by writing, make an
exemption order in relation to the transmission of the matter.
(2) If the ACMA receives a
request from a datacasting licensee to make an exemption order in relation to
the transmission of matter by the licensee, the ACMA must use its best
endeavours to make that decision within 28 days after the request was made.
Part 4—Codes of practice
28 Development of codes of practice
(1) The Parliament intends
that:
(a) a group that the ACMA
is satisfied represents datacasting licensees should develop codes of practice
that are to be applicable to the datacasting operations of datacasting
licensees; and
(b) those codes of
practice should be developed:
(i) in
consultation with the ACMA; and
(ii) taking
account of any relevant research conducted by the ACMA.
Content of codes of practice
(2) Codes of practice may
relate to:
(a) preventing the
transmission of matter that, in accordance with community standards, is not
suitable to be transmitted by datacasting licensees; and
(b) methods of
ensuring that the protection of children from exposure to datacasting content
which may be harmful to them is a high priority; and
(c) methods of
classifying datacasting content that reflect community standards; and
(d) promoting
accuracy and fairness in datacasting content that consists of news or current
affairs; and
(e) preventing the
transmission of datacasting content that:
(i) simulates
news or events in a way that misleads or alarms end‑users; or
(ii) depicts
the actual process of putting a person into a hypnotic state; or
(iii) is
designed to induce a hypnotic state in end‑users; or
(iv) uses
or involves the process known as subliminal perception or any
other technique that attempts to convey information to end‑users by transmitting
messages below or near the threshold of normal awareness; and
(f) datacasting
content that consists of:
(i) advertising;
or
(ii) sponsorship
announcements; and
(g) methods of:
(i) handling
complaints from the public about datacasting content or compliance with codes
of practice; and
(ii) reporting
to the ACMA on complaints so made; and
(h) in a case where
there are customers of datacasting licensees—dealings with those customers,
including methods of billing, fault repair, privacy and credit management; and
(i) such other
matters relating to datacasting content as are of concern to the community.
Classification etc.
(3) In developing codes of
practice relating to matters referred to in paragraphs (2)(a) and (c),
community attitudes to the following matters are to be taken into account:
(a) the portrayal in
datacasting content of physical and psychological violence;
(b) the portrayal in
datacasting content of sexual conduct and nudity;
(c) the use in
datacasting content of offensive language;
(d) the portrayal in
datacasting content of the use of drugs, including alcohol and tobacco;
(e) the portrayal in
datacasting content of matter that is likely to incite or perpetuate hatred
against, or vilifies, any person or group on the basis of ethnicity,
nationality, race, gender, sexual orientation, age, religion or physical or
mental disability;
(f) such other
matters relating to datacasting content as are of concern to the community.
(4) In developing codes of
practice referred to in paragraph (2)(a), (b) or (c), the group that the ACMA
is satisfied represents datacasting licensees must ensure that:
(a) for the purpose
of classifying films—those codes apply the film classification system
administered by the Classification Board; and
(b) those codes
provide for methods of modifying films having particular classifications under
that system so that the films are suitable to be transmitted; and
(c) those codes
provide for the provision of advice to consumers on the reasons for films
receiving a particular classification; and
(d) for the purpose
of classifying interactive computer games—those codes apply the computer games
classification system administered by the Classification Board; and
(e) those codes
provide for the provision of advice to consumers on the reasons for interactive
computer games receiving a particular classification; and
(f) for the purpose
of classifying content (other than films or interactive computer games)—those
codes apply the film classification system administered by the Classification
Board in a corresponding way to the way in which that system applies to films;
and
(g) those codes
provide for methods of modifying content (other than films or interactive
computer games) having particular classifications under that system (as
correspondingly applied) so that the content is suitable to be transmitted; and
(h) those codes
provide for the provision of advice to consumers on the reasons for content
(other than films or interactive computer games) receiving a particular classification.
(5) In developing codes of
practice referred to in paragraph (2)(a) or (b), the group that the ACMA
is satisfied represents datacasting licensees must ensure that films classified
as “M” or “MA 15+” do not portray material that goes beyond the previous “AO”
classification criteria.
Registration of codes of practice
(6) If:
(a) the group that
the ACMA is satisfied represents datacasting licensees develops a code of
practice to be observed in the conduct of the datacasting operations of those
licensees; and
(b) the ACMA is
satisfied that:
(i) the
code of practice provides appropriate community safeguards for the matters
covered by the code; and
(ii) the
code is endorsed by a majority of datacasting licensees; and
(iii) members
of the public have been given an adequate opportunity to comment on the code;
the ACMA must include that code in the
Register of codes of practice.
Interactive computer game
(7) In this clause:
interactive computer game includes a computer game within the
meaning of the Classification (Publications, Films and Computer Games) Act
1995.
30 ACMA to maintain Register of
codes of practice
(1) The ACMA is to maintain
a Register in which it includes all codes of practice registered under clause 28.
(2) The Register may be
maintained by electronic means.
(3) The Register is to be
made available for inspection on the internet.
31 ACMA may determine standards
where codes of practice fail or where no code of practice developed
(1) If:
(a) the ACMA is
satisfied that there is convincing evidence that a code of practice registered
under clause 28 is not operating to provide appropriate community
safeguards for a matter referred to in subclause 28(2) in relation to the
datacasting operations of datacasting licensees; and
(b) the
ACMA is satisfied that it should determine a standard in relation to that
matter;
the ACMA must, in writing, determine a
standard in relation to that matter.
(2) If:
(a) no code of
practice has been registered under clause 28 for a matter referred to in
subclause 28(2); and
(b) the ACMA is
satisfied that it should determine a standard in relation to that matter;
the ACMA must, by notice in writing,
determine a standard in relation to that matter.
(3) A standard determined
under this clause is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act 1901.
32 Consultation on standards
The ACMA must, before
determining, varying or revoking a standard, seek public comment on the
proposed standard or the variation or revocation.
33 Notification of determination or
variation or revocation of standards
If the ACMA determines
or varies or revokes a standard, the ACMA must publish in the Gazette a
notice stating:
(a) that the standard
has been determined, varied or revoked; and
(b) the places where
copies of the standard or of the variation or revocation can be purchased.
34 Limitation of ACMA’s power in
relation to standards
(1) The ACMA must not
determine a standard that requires that, before datacasting content is transmitted,
the datacasting content, or a sample of the datacasting content, be approved by
the ACMA or by a person or body appointed by the ACMA.
(2) However, the ACMA may
determine such a standard in relation to datacasting content for children.
35 This Part does not apply to
internet carriage services or ordinary email
This Part does not
apply to:
(a) the transmission
of so much of a datacasting service as consists of an internet carriage
service; or
(b) the transmission
of ordinary email.
35A This Part does not apply to the
ABC or SBS
For the purposes of
this Part, the Australian Broadcasting Corporation and the Special Broadcasting
Service Corporation are taken not to be datacasting licensees.
Note: If the Australian
Broadcasting Corporation or the Special Broadcasting Service Corporation is
otherwise a datacasting licensee, it is a duty of the Board of the Corporation
to develop a code of practice that relates to the service provided under the
licence. See paragraph 8(1)(e) of the Australian Broadcasting
Corporation Act 1983 and paragraph 10(1)(j) of the Special
Broadcasting Service Act 1991.
Part 5—Complaints to the ACMA about datacasting services
36 Complaints about offences or
breach of licence conditions
(1) If a person believes
that a datacasting licensee has:
(a) committed an
offence against this Act or the regulations; or
(b) breached a
condition of the datacasting licence;
the person may make a complaint to the ACMA
about the matter.
(2) If a person believes
that another person is providing a designated datacasting service without a
datacasting licence that authorises the provision of that service, the first‑mentioned
person may make a complaint to the ACMA about the matter.
37 Complaints under codes of
practice
(1) If:
(a) a person has made
a complaint to a datacasting licensee about a matter relating to:
(i) datacasting
content; or
(ii) compliance
with a code of practice that applies to the datacasting operations of
datacasting licensees and that is included in the Register of codes of
practice; and
(b) if there is a
relevant code of practice relating to the handling of complaints of that
kind—the complaint was made in accordance with that code of practice; and
(c) either:
(i) the person
has not received a response within 60 days after making the complaint; or
(ii) the
person has received a response within that period but considers that response
to be inadequate;
the person may make a complaint to the ACMA
about the matter.
(2) This
clause does not apply to:
(a) the transmission
of so much of a datacasting service as consists of an internet carriage
service; or
(b) the transmission
of ordinary email.
(3) Also, this clause does
not apply if the datacasting licensee is the Australian Broadcasting
Corporation or the Special Broadcasting Service Corporation.
Note: Sections 150 to 153 deal
with complaints about a datacasting service provided by the Australian
Broadcasting Corporation or the Special Broadcasting Service Corporation.
38 Investigation of complaints by
the ACMA
The ACMA may
investigate the complaint if the ACMA thinks that it is desirable to do so.
Part 6—Control of datacasting transmitter licences
41 Datacasting transmitter licences
not to be controlled by ABC or SBS
(1) The Australian
Broadcasting Corporation must not be in a position to exercise control of a
datacasting transmitter licence.
(2) The Special Broadcasting
Service Corporation must not be in a position to exercise control of a
datacasting transmitter licence.
(3) Subclauses (1) and
(2) do not apply to a channel B datacasting transmitter licence unless the
relevant transmitter, or any of the relevant transmitters, is operated for
transmitting a datacasting service that is capable of being received by a
domestic digital television receiver.
Part 7—Nominated datacaster declarations
42 Object of this Part
The object of this Part
is to provide for the making of declarations (nominated datacaster
declarations) that allow the following licences to be held by different
persons:
(a) a datacasting
licence that authorises the provision of a datacasting service;
(b) a datacasting
transmitter licence for a radiocommunications transmitter that is for use for
transmitting the datacasting service.
43 Datacasting transmitter licence
A reference in this Part
to a datacasting transmitter licence does not include a reference
to an authorisation under section 114 of the Radiocommunications Act
1992.
44 Applications for nominated
datacaster declarations
(1) If there is:
(a) a datacasting
licence that authorises the provision of a datacasting service; and
(b) a datacasting
transmitter licence for a transmitter that is intended for use for transmitting
the datacasting service;
the licensee of the datacasting transmitter
licence may apply to the ACMA for a nominated datacaster declaration in
relation to the provision of the datacasting service under the datacasting
licence.
(2) An application must be
accompanied by:
(a) the application
fee determined in writing by the ACMA; and
(b) the consent of
the licensee of the datacasting licence.
(3) The application and
consent must be:
(a) in writing; and
(b) in accordance
with a form approved in writing by the ACMA.
45 Making a nominated datacaster
declaration
(1) After considering the
application, the ACMA must declare in writing that the provision of the
datacasting service under the datacasting licence is nominated in relation to
the datacasting transmitter licence if the ACMA is satisfied that:
(a) the licensee of
the datacasting transmitter licence will transmit the datacasting service on
behalf of the licensee of the datacasting licence; and
(b) the licensee of
the datacasting transmitter licence will not be involved in the selection or
provision of datacasting content to be transmitted on the datacasting service.
(2) The ACMA must give a
copy of the declaration to:
(a) the applicant;
and
(b) the licensee of
the datacasting licence.
(3) If the ACMA refuses to
make a nominated datacaster declaration, the ACMA must give written notice of
the refusal to:
(a) the applicant;
and
(b) the licensee of
the datacasting licence.
46 Effect of nominated datacaster
declaration
If:
(a) a nominated
datacaster declaration is in force; and
(b) the licensee of
the datacasting transmitter licence transmits the datacasting service on behalf
of the licensee of the datacasting licence;
then:
(c) for the purposes
of the Radiocommunications Act 1992, the licensee of the datacasting
licence is taken not to operate the radiocommunications transmitter for any
purpose in connection with that transmission; and
(d) for
the purposes of this Act:
(i) the
licensee of the datacasting licence is taken to provide the datacasting
service; and
(ii) the
licensee of the datacasting transmitter licence is taken not to provide the
datacasting service; and
(e) for
the purposes of this Act (other than Schedule 1) and the Tobacco
Advertising Prohibition Act 1992, any content that is transmitted by the
licensee of the datacasting transmitter licence on behalf of the licensee of
the datacasting licence:
(i) is
taken to be content transmitted by the licensee of the datacasting licence; and
(ii) is
not taken to be content transmitted by the licensee of the datacasting
transmitter licence.
47 Revocation of nominated
datacaster declaration
(1) The ACMA must, by
writing, revoke a nominated datacaster declaration if the ACMA is satisfied
that:
(a) the licensee of
the datacasting transmitter licence is not transmitting, or does not propose to
transmit, the datacasting service on behalf of the licensee of the datacasting
licence; or
(b) the licensee of
the datacasting transmitter licence is involved, or proposes to become
involved, in the selection or provision of datacasting content to be transmitted
on the datacasting service.
(2) The ACMA must, by
writing, revoke a nominated datacaster declaration if:
(a) the licensee of
the datacasting transmitter licence; or
(b) the licensee of
the datacasting licence;
gives the ACMA a written notice stating
that the licensee does not consent to the continued operation of the
declaration.
(3) The ACMA must give a
copy of the revocation to:
(a) the licensee of
the datacasting transmitter licence; and
(b) the licensee of
the datacasting licence.
(4) A revocation under subclause (1)
or (2) takes effect on the date specified in the revocation.
(5) The ACMA must not revoke
a nominated datacaster declaration under subclause (1) unless the ACMA has
first:
(a) given the
licensee of the datacasting transmitter licence a written notice:
(i) setting
out a proposal to revoke the declaration; and
(ii) inviting
the licensee to make a submission to the ACMA on the proposal; and
(b) given the
licensee of the datacasting licence a written notice:
(i) setting
out a proposal to revoke the declaration; and
(ii) inviting
the licensee to make a submission to the ACMA on the proposal; and
(c) considered any
submission that was received under paragraph (a) or (b) within the time
limit specified in the notice concerned.
(6) A time limit specified
in a notice under subclause (5) must run for at least 7 days.
(7) A person must not enter
into a contract or arrangement under which the person or another person is:
(a) prevented from
giving a notice under subclause (2); or
(b) subject to any
restriction in relation to the giving of a notice under subclause (2).
(8) A contract or
arrangement entered into in contravention of subclause (7) is void.
48 Register of nominated datacaster
declarations
(1) The ACMA is to maintain
a register in which the ACMA includes particulars of all nominated datacaster
declarations currently in force.
(2) The Register may be
maintained by electronic means.
(3) The Register is to be
made available for inspection on the internet.
Part 8—Remedies for breaches of licensing provisions
Division 1—Providing a designated datacasting service without a licence
49 Prohibition on providing a designated
datacasting service without a licence
(1) A
person is guilty of an offence if the person:
(a) intentionally
provides a designated datacasting service; and
(b) does not have a
datacasting licence to provide the service.
Penalty: 20,000 penalty units.
(2) A person who contravenes
subclause (1) is guilty of a separate offence in respect of each day (including
a day of a conviction for the offence or any later day) during which the
contravention continues.
(3) A person must not
provide a designated datacasting service if the person does not have a
datacasting licence to provide that service.
(4) Subclause (3) is a
civil penalty provision.
(5) A person who contravenes
subclause (3) commits a separate contravention of that subclause in
respect of each day (including a day of the making of a relevant civil penalty
order or any subsequent day) during which the contravention continues.
Note 1: For exemptions for
broadcasters, see clause 51.
Note 2: For exemptions for designated
teletext services, see clause 51A.
50 Remedial directions—unlicensed
datacasting services
(1) If the ACMA is satisfied
that a person has breached, or is breaching, subclause 49(3), the ACMA
may, by written notice given to the person, direct the person to take action
directed towards ensuring that the person does not breach that subclause, or is
unlikely to breach that subclause, in the future.
Note 1: For exemptions for
broadcasters, see clause 51.
Note 2: For exemptions for designated
teletext services, see clause 51A.
Offence
(2) A person commits an
offence if:
(a) the person has
been given a notice under subclause (1); and
(b) the person
engages in conduct; and
(c) the person’s
conduct contravenes a requirement in the notice.
Penalty: 20,000 penalty units.
(3) A person who contravenes
subclause (2) commits a separate offence in respect of each day (including
a day of a conviction for the offence or any subsequent day) during which the
contravention continues.
Civil penalty
(4) A person must comply
with a notice under subclause (1).
(5) Subclause (4) is a
civil penalty provision.
(6) A person who contravenes
subclause (4) commits a separate contravention of that subclause in
respect of each day (including a day of the making of a relevant civil penalty
order or any subsequent day) during which the contravention continues.
Definition
(7) In this clause:
engage in conduct means:
(a) do an act; or
(b) omit to perform
an act.
51 Exemption for broadcasting
licensees etc.
(1) Clauses 49 and 50
do not apply to the provision of a broadcasting service under, and in
accordance with the conditions of:
(a) a licence
allocated by the ACMA under this Act (other than this Schedule); or
(b) a class licence.
(2) Clauses 49 and 50
do not apply to the provision of a national broadcasting service.
51A Exemption for designated
teletext services
Clauses 49 and 50
do not apply to the provision of a designated teletext service.
Division 2—Breaches of licence conditions
52 Offence for breach of conditions
(1) A person is guilty of an
offence if:
(a) the person is a
datacasting licensee; and
(b) the person
intentionally engages in conduct; and
(c) the person’s
conduct breaches a condition of the licence set out in clause 14, 16, 21
or 24.
Penalty: 2,000 penalty units.
(1A) A person commits an
offence if:
(a) the person is a
restricted datacasting licensee; and
(b) the person engages
in conduct; and
(c) the person’s
conduct breaches a condition of the licence set out in clause 24A.
Penalty: 2,000 penalty units.
(2) A person who contravenes
subclause (1) or (1A) is guilty of a separate offence in respect of each
day (including a day of a conviction for the offence or any later day) during
which the contravention continues.
52A Civil penalty provision relating
to breach of conditions of datacasting licences
(1) A datacasting licensee
must not breach a condition of the licence set out in clause 14, 16, 21 or
24.
(1A) A restricted datacasting
licensee must not breach a condition of the licence set out in clause 24A.
(2) Subclauses (1) and
(1A) are civil penalty provisions.
(3) A person who contravenes
subclause (1) or (1A) commits a separate contravention of that subclause
in respect of each day (including a day of the making of a relevant civil
penalty order or any subsequent day) during which the contravention continues.
53 Remedial directions—breach of
conditions
(1) If a datacasting
licensee has breached, or is breaching, a condition of the licence (other than
the condition set out in clause 25), the ACMA may, by written notice given
to the licensee, direct the licensee to take action directed towards ensuring
that the licensee does not breach the condition, or is unlikely to breach the
condition, in the future.
(2) The
following are examples of the kinds of direction that may be given to a
licensee under subclause (1):
(a) a direction that
the licensee implement effective administrative systems for monitoring
compliance with a condition of the licence;
(b) a direction that
the licensee implement a system designed to give the licensee’s employees,
agents and contractors a reasonable knowledge and understanding of the requirements
of a condition of the licence, in so far as those requirements affect the
employees, agents or contractors concerned.
(3) A person is not required
to comply with a notice under subclause (1) until the end of the period
specified in the notice. That period must be reasonable.
(4) A person is guilty of an
offence if:
(a) a person has been
given a notice under subclause (1); and
(b) the person
intentionally engages in conduct; and
(c) the person’s
conduct contravenes a requirement in the notice.
Penalty: 20,000 penalty units.
(5) A person who contravenes
subclause (4) is guilty of a separate offence in respect of each day
(including a day of a conviction for the offence or any later day) during which
the contravention continues.
(6) A person must comply
with a notice under subclause (1).
(7) Subclause (6) is a
civil penalty provision.
(8) A person who contravenes
subclause (6) commits a separate contravention of that subclause in
respect of each day (including a day of the making of a relevant civil penalty
order or any subsequent day) during which the contravention continues.
54 Suspension and cancellation
(1) If a person who is a
datacasting licensee:
(a) fails to comply
with a notice under clause 53; or
(b) breaches a
condition of the licence;
the ACMA may, by written notice given to
the person:
(c) suspend the
licence for such period, not exceeding 3 months, as is specified in the notice;
or
(d) cancel the
licence.
(2) If a datacasting licence
is suspended because of a breach of a condition set out in clause 14, 16
or 21, the ACMA may take such action, by way of suspending one or more
datacasting licences held by:
(a) the licensee; or
(b) a related body
corporate of the licensee;
as the ACMA considers necessary to ensure
that the same, or a substantially similar, datacasting service is not
transmitted by the licensee or the related body corporate, as the case may be,
during the period of suspension.
(2A) If a restricted
datacasting licence is suspended because of a breach of a condition set out in
clause 24A, the ACMA may take such action, by way of suspending one or
more restricted datacasting licences held by:
(a) the licensee; or
(b) a related body
corporate of the licensee;
as the ACMA considers necessary to ensure
that the same, or a substantially similar, restricted datacasting service is
not provided by the licensee or the related body corporate, as the case may be,
during the period of suspension.
(3) If
a datacasting licence is cancelled because of a breach of a condition set out
in clause 14, 16 or 21, the ACMA may take such action, by way of
cancelling one or more datacasting licences held by:
(a) the licensee; or
(b) a
related body corporate of the licensee;
as the ACMA considers necessary to ensure
that the same, or a substantially similar, datacasting service is not
transmitted by the licensee or the related body corporate, as the case may be,
at a time after the cancellation.
(3A) If a restricted
datacasting licence is cancelled because of a breach of a condition set out in
clause 24A, the ACMA may take such action, by way of cancelling one or
more restricted datacasting licences held by:
(a) the licensee; or
(b) a related body
corporate of the licensee;
as the ACMA considers necessary to ensure
that the same, or a substantially similar, restricted datacasting service is
not provided by the licensee or the related body corporate, as the case may be,
at a time after the cancellation.
(4) If the ACMA proposes to
take action against a person under subclause (1), (2), (2A), (3) or (3A),
the ACMA must give to the person:
(a) written notice of
its intention; and
(b) a reasonable
opportunity to make representations to the ACMA in relation to the proposed
action.
55 Injunctions
Restraining injunctions
(1) If a person who is a
datacasting licensee has engaged, is engaging or is proposing to engage, in any
conduct in contravention of a condition of the licence (other than a condition
set out in clause 25), the Federal Court may, on the application of the ACMA,
grant an injunction:
(a) restraining the
person from engaging in the conduct; and
(b) if, in the
court’s opinion, it is desirable to do so—requiring the person to do something.
(2) If a person has engaged,
is engaging or is proposing to engage, in any conduct in contravention of
clause 49, the Federal Court may, on the application of the ACMA, grant an
injunction:
(a) restraining the
person from engaging in the conduct; and
(b) if, in the
court’s opinion, it is desirable to do so—requiring the person to do something.
Performance injunctions
(3) If:
(a) a person who is a
datacasting licensee has refused or failed, or is refusing or failing, or is
proposing to refuse or fail, to do an act or thing; and
(b) the refusal or failure
was, is or would be a contravention of a condition of the licence (other than a
condition set out in clause 25);
the Federal Court may, on the application
of the ACMA, grant an injunction requiring the person to do that act or thing.
56 Federal Court’s powers relating
to injunctions
Grant of interim injunction
(1) If an application is
made to the Federal Court for an injunction under clause 55, the court
may, before considering the application, grant an interim injunction
restraining a person from engaging in conduct of a kind referred to in that
clause.
No undertakings as to damages
(2) The Federal Court is not
to require an applicant for an injunction under clause 55, as a condition
of granting an interim injunction, to give any undertakings as to damages.
Discharge etc. of injunctions
(3) The Federal Court may
discharge or vary an injunction granted under clause 55.
Certain limits on granting injunctions
do not apply
(4) The power of the Federal
Court under clause 55 to grant an injunction restraining a person from
engaging in conduct of a particular kind may be exercised:
(a) if the court is
satisfied that the person has engaged in conduct of that kind—whether or not it
appears to the court that the person intends to engage again, or to continue to
engage, in conduct of that kind; or
(b) if
it appears to the court that, if an injunction is not granted, it is likely
that the person will engage in conduct of that kind—whether or not the person
has previously engaged in conduct of that kind and whether or not there is an
imminent danger of substantial damage to any person if the person engages in
conduct of that kind.
(5) The power of the Federal
Court under clause 55 to grant an injunction requiring a person to do an
act or thing may be exercised:
(a) if the court is
satisfied that the person has refused or failed to do that act or thing—whether
or not it appears to the court that the person intends to refuse or fail again,
or to continue to refuse or fail, to do that act or thing; or
(b) if it appears to
the court that, if an injunction is not granted, it is likely that the person
will refuse or fail to do that act or thing—whether or not the person has
previously refused or failed to do that act or thing and whether or not there
is an imminent danger of substantial damage to any person if the person refuses
or fails to do that act or thing.
Other powers of the court unaffected
(6) The powers conferred on
the Federal Court under clause 55 are in addition to, and not instead of,
any other powers of the court, whether conferred by this Act or otherwise.
57 Stay of proceedings relating to
additional licence conditions, remedial directions and suspension/cancellation
decisions
(1) For the purposes of this
clause, an eligible decision is:
(a) a decision under
clause 26 to impose or vary a condition of a datacasting licence; or
(b) a decision to
give a direction under clause 53 (which deals with remedial directions);
or
(c) a decision to
suspend or cancel a datacasting licence under clause 54.
(2) An
order must not be made under paragraph 15(1)(a) or 15A(1)(a) of the Administrative
Decisions (Judicial Review) Act 1977 in relation to an eligible decision
if:
(a) the order has the
effect of suspending the operation of the eligible decision for more than 3
months; or
(b) the order and any
previous order or orders made under the paragraph concerned have the combined
effect of suspending the operation of the eligible decision for more than 3
months.
(3) An order must not be
made under paragraph 15(1)(b) or 15A(1)(b) of the Administrative
Decisions (Judicial Review) Act 1977 in relation to an eligible decision
if:
(a) the order has the
effect of staying particular proceedings under the eligible decision for more
than 3 months; or
(b) the order and any
previous order or orders made under the paragraph concerned have the combined
effect of staying particular proceedings under the eligible decision for more
than 3 months.
(4) If:
(a) a person applies
to the Federal Court under subsection 39B(1) of the Judiciary Act 1903
for a writ or injunction in relation to an eligible decision; and
(b) an order could be
made staying, or otherwise affecting the operation or implementation of, the
eligible decision pending the finalisation of the application;
such an order must not be made if:
(c) the order has the
effect of staying, or otherwise affecting the operation or implementation of,
the eligible decision for more than 3 months; or
(d) the order and any
previous order or orders covered by paragraph (b) have the combined effect
of staying, or otherwise affecting the operation or implementation of, the
eligible decision for more than 3 months.
(5) If:
(a) a person applies
to the Administrative Appeals Tribunal for review of an eligible decision; and
(b) an
order could be made under subsection 41(2) of the Administrative
Appeals Tribunal Act 1975 staying, or otherwise affecting the operation or
implementation of, the eligible decision;
such an order must not be made if:
(c) the order has the
effect of staying, or otherwise affecting the operation or implementation of,
the eligible decision for more than 3 months; or
(d) the
order and any previous order or orders covered by paragraph (b) have the
combined effect of staying, or otherwise affecting the operation or
implementation of, the eligible decision for more than 3 months.
Part 9—Review of decisions
58 Review by the Administrative
Appeals Tribunal
An application may be
made to the Administrative Appeals Tribunal for a review of a decision set out
in the second column of the table made under the provision of this Schedule set
out in the third column, but such an application may only be made by the person
described in the fourth column.
|
Reviewable decisions
|
|
Item
|
Decision
|
Provision
|
Person who may apply
|
|
1
|
refusal to allocate datacasting licence
|
clause 7 or 8
|
the applicant
|
|
2
|
that a person is not a suitable applicant
|
subclause 9(1)
|
the person
|
|
2A
|
that an internet carriage service is a
declared internet carriage service
|
subclause 23B(1)
|
the licensee
|
|
3
|
that a person is not a suitable licensee
|
subclause 25(3)
|
the licensee
|
|
4
|
Variation of datacasting licence
conditions or imposition of new conditions
|
subclause 26(1)
|
the licensee
|
|
4A
|
refusal to make an exemption order
|
clause 27B
|
the licensee
|
|
5
|
refusal to include a code of practice in
the Register
|
subclause 28(6)
|
the relevant industry group
|
|
6
|
refusal to make a nominated datacaster
declaration
|
clause 45
|
the licensee of the datacasting
transmitter licence or the licensee of the datacasting licence
|
|
7
|
revocation of a nominated datacaster
declaration
|
clause 47
|
the licensee of the datacasting
transmitter licence or the licensee of the datacasting licence
|
|
8
|
to give or vary, or to refuse to revoke,
a direction
|
clause 53
|
the licensee
|
|
9
|
suspension or cancellation of datacasting
licence
|
clause 54
|
the licensee
|
59 Notification of decisions to
include notification of reasons and appeal rights
If the ACMA makes a
decision that is reviewable under clause 58, the ACMA is to include in the
document by which the decision is notified:
(a) a statement
setting out the reasons for the decision; and
(b) a statement to
the effect that an application may be made to the Administrative Appeals
Tribunal for a review of the decision.
Schedule 7—Content services
Note: See section 216D.
Part 1—Introduction
1 Simplified outline
The following is a
simplified outline of this Schedule:
• A person may make a complaint to the ACMA about prohibited
content, or potential prohibited content, in relation to certain services.
• The ACMA may take the following action to deal with prohibited
content or potential prohibited content:
(a) in
the case of a hosting service—issue a take‑down notice;
(b) in
the case of a live content service—issue a service‑cessation notice;
(c) in
the case of a links service—issue a link‑deletion notice.
• Content (other than an eligible electronic publication) is prohibited
content if:
(a) the
content has been classified RC or X 18+ by the Classification Board; or
(b) the
content has been classified R 18+ by the Classification Board and access to the
content is not subject to a restricted access system; or
(c) the content has been classified MA 15+ by the
Classification Board, access to the content is not subject to a restricted
access system, the content does not consist of text and/or one or more still
visual images, and the content is provided by a commercial service (other than
a news service or a current affairs service); or
(d) the
content has been classified MA 15+ by the Classification Board, access to the
content is not subject to a restricted access system, and the content is
provided by a mobile premium service.
• Content that consists of an eligible electronic publication is
prohibited content if the content has been classified RC,
category 2 restricted or category 1 restricted by the Classification Board.
• Generally, content is potential prohibited content
if the content has not been classified by the Classification Board, but if it
were to be classified, there is a substantial likelihood that the content would
be prohibited content.
• Bodies and
associations that represent sections of the content industry may develop
industry codes.
• The ACMA
has a reserve power to make an industry standard if there are no industry codes
or if an industry code is deficient.
• The ACMA may make determinations regulating certain content service
providers and hosting service providers.
Note: The classification of an
eligible electronic publication is the same as the classification of the
corresponding print publication—see clause 24.
2 Definitions
In
this Schedule:
access
includes:
(a) access that is
subject to a pre‑condition (for example, the use of a password); and
(b) access by way of
push technology; and
(c) access by way of
a standing request.
access‑control system, in relation to content, means a system under which:
(a) persons seeking
access to the content have been issued with a Personal Identification Number
that provides a means of limiting access by other persons to the content; or
(b) persons seeking
access to the content have been provided with some other means of limiting
access by other persons to the content.
adult means an individual who is 18 or older.
adult chat service means a chat service where, having regard to any or all of the
following:
(a) the name of the
chat service;
(b) the way in which
the chat service is advertised or promoted;
(c) the reputation of
the chat service;
it would be concluded that the majority
of the content accessed by end‑users of the chat service is reasonably likely
to be prohibited content or potential prohibited content.
ancillary subscription television
content service has the meaning given by clause 9A.
Australia, when used in a geographical sense, includes all the external
Territories.
Australian connection has the meaning given by clause 3.
Australian police force means:
(a) the Australian Federal
Police; or
(b) the police force
of a State or Territory.
carriage service has the same meaning as in the Telecommunications Act 1997.
carriage service intermediary has the same meaning as in the Telecommunications Act 1997.
carriage service provider has the same meaning as
in the Telecommunications Act 1997.
child means an individual who has not reached 18 years.
civil proceeding includes a civil action.
classification application means an application under clause 22.
Classification Board means the Classification Board established by the Classification
(Publications, Films and Computer Games) Act 1995.
Classification Review Board means the Classification Review Board established by the Classification
(Publications, Films and Computer Games) Act 1995.
classified means classified under this Schedule.
commercial content service means a content service that:
(a) is operated for
profit or as part of a profit‑making enterprise; and
(b) is provided to
the public but only on payment of a fee (whether periodical or otherwise).
commercial content service provider means a person who provides a commercial content service.
Note: See clause 5.
computer game has the same meaning as in the Classification (Publications,
Films and Computer Games) Act 1995.
content means content:
(a) whether in the
form of text; or
(b) whether in the
form of data; or
(c) whether in the
form of speech, music or other sounds; or
(d) whether in the
form of visual images (animated or otherwise); or
(e) whether in any
other form; or
(f) whether in any
combination of forms.
content service means:
(a) a service that
delivers content to persons having equipment appropriate for receiving that
content, where the delivery of the service is by means of a carriage service;
or
(b) a service that
allows end‑users to access content using a carriage service;
but does not include:
(c) a licensed
broadcasting service; or
(d) a national
broadcasting service; or
(e) a re‑transmitted
broadcasting service; or
(f) a licensed
datacasting service; or
(g) a re‑transmitted
datacasting service; or
(h) an exempt
Parliamentary content service; or
(i) an exempt
court/tribunal content service; or
(j) an exempt
official‑inquiry content service; or
(k) an exempt point‑to‑point
content service; or
(l) an exempt internet
directory service; or
(m) an exempt internet
search engine service; or
(n) a service that
enables end‑users to communicate, by means of voice calls, with other end‑users;
or
(o) a service that
enables end‑users to communicate, by means of video calls, with other end‑users;
or
(p) a service that
enables end‑users to communicate, by means of email, with other end‑users; or
(q) an instant
messaging service that:
(i) enables
end‑users to communicate with other end‑users; and
(ii) is
not an adult chat service; or
(r) an SMS service
that:
(i) enables
end‑users to communicate with other end‑users; and
(ii) is
not an adult chat service; or
(s) an MMS service
that:
(i) enables
end‑users to communicate with other end‑users; and
(ii) is
not an adult chat service; or
(t) a service that
delivers content by fax; or
(u) an exempt data
storage service; or
(v) an exempt back‑up
service; or
(x) a service
specified in the regulations.
Note 1: SMS is short for
short message service.
Note 2: MMS is short for
multimedia message service.
Note 3: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
content service provider means a person who provides a content service.
Note: See clause 5.
corresponding print publication, in relation to an eligible electronic publication, has the meaning
given by clause 11.
court/tribunal proceedings means words spoken and acts done in the course of, or for purposes
of or incidental to, the transacting of the business of a court or a tribunal,
and includes:
(a) evidence given
before the court or tribunal; and
(b) a document
presented or submitted to the court or tribunal; and
(c) a document issued
or published by, or with the authority of, the court or tribunal.
data storage device means any article or material (for example, a disk) from which
information is capable of being reproduced, with or without the aid of any
other article or device.
designated content/hosting service means:
(a) a hosting
service; or
(b) a live content service;
or
(c) a links service;
or
(d) a commercial
content service.
designated content/hosting service
provider means a person who provides a
designated content/hosting service.
designated
content/hosting service provider rule means:
(a) a provision declared
by this Schedule to be a designated content/hosting service provider rule; or
(b) each of the rules
(if any) set out in a designated content/hosting service provider determination
in force under clause 104.
eligible electronic publication has the meaning given by clause 11.
engage in conduct means:
(a) do an act; or
(b) omit to perform
an act.
evidential burden, in relation to a matter, means the burden of adducing or pointing
to evidence that suggests a reasonable possibility that the matter exists or
does not exist.
exempt back‑up service means a back‑up service, where each end‑user’s access is restricted
to the end‑user’s backed‑up content.
exempt court/tribunal content
service means a service to the extent to which
it delivers, or provides access to, content that consists of court/tribunal
proceedings.
exempt data storage service means a data storage service, where each end‑user’s access is
restricted to the end‑user’s stored content.
exempt internet directory service means an internet directory service that:
(a) does not
specialise in providing links to, or information about, websites that
specialise in prohibited content or potential prohibited content; and
(b) is not a service
specified in the regulations; and
(c) complies with
such other requirements (if any) as are specified in the regulations.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
exempt internet search engine
service means an internet search engine service
that:
(a) does not specialise
in providing links to, or information about, websites that specialise in
prohibited content or potential prohibited content; and
(b) is not a service
specified in the regulations; and
(c) complies with
such other requirements (if any) as are specified in the regulations.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
exempt official‑inquiry content
service means a service to the extent to which
it delivers, or provides access to, content that consists of official‑inquiry
proceedings.
exempt Parliamentary content service means a service to the extent to which it delivers, or provides
access to, content that consists of Parliamentary proceedings.
exempt point‑to‑point content
service means a service that:
(a) delivers content
by:
(i) email;
or
(ii) instant
messaging; or
(iii) SMS;
or
(iv) MMS;
where the
content is produced or packaged by the provider of the service; and
(b) does not
specialise in content that is prohibited content or potential prohibited
content; and
(c) is not an adult
chat service; and
(d) is not provided
on payment of a fee (whether periodical or otherwise); and
(e) is not a service
specified in the regulations; and
(f) complies with
such other requirements (if any) as are specified in the regulations.
Note 1: SMS is short for
short message service.
Note 2: MMS is short for
multimedia message service.
Note 3: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
film
has the same meaning as in the Classification (Publications, Films and
Computer Games) Act 1995, but does not include a form of recording from
which an eligible electronic publication can be produced.
Note: Film is defined
broadly in that Act, and includes any form of recording from which a visual
image can be produced.
final link‑deletion notice means a notice under paragraph 62(1)(d), (e) or (f) or (4)(b),
(c) or (d) of this Schedule.
final service‑cessation notice means a notice under paragraph 56(1)(c) or (d) or (4)(b) or
(c) of this Schedule.
final take‑down notice means a notice under paragraph 47(1)(c), (d) or (e) or (4)(b),
(c) or (d) of this Schedule.
hosting service has the meaning given by clause 4.
hosting service provider means a person who provides a hosting service.
immediate circle has the same meaning as in the Telecommunications Act 1997.
interim link‑deletion notice means a notice under paragraph 62(2)(c) or (3)(d) of this
Schedule.
interim service‑cessation notice means a notice under paragraph 56(2)(d) or (3)(d) of this
Schedule.
interim take‑down notice means a notice under paragraph 47(2)(c) or (3)(d) of this
Schedule.
internet carriage service has the same meaning as in Schedule 5.
internet content has the same meaning as in Schedule 5.
licensed broadcasting service means a broadcasting service provided in accordance with:
(a) a licence
allocated by the ACMA under this Act; or
(b) a class licence
determined by the ACMA under this Act.
licensed datacasting service means a datacasting service provided by the holder of a datacasting
licence that authorises the provision of that service.
links service means a content service that:
(a) provides one or
more links to content; and
(b) is provided to
the public (whether on payment of a fee or otherwise)
links service provider means a person who provides a links service.
Note: See clause 5.
live content does not include stored content.
live content service means a content service that:
(a) provides live
content; and
(b) is provided to the
public (whether on payment of a fee or otherwise)
live content service provider means a person who provides a live content service.
Note: See clause 5.
MA 15+ content has the meaning given by clause 15.
mobile carriage service provider means:
(a) a carriage
service provider who supplies a public mobile telecommunications service; or
(b) a carriage
service intermediary who arranges for the supply by a carriage service provider
of a public mobile telecommunications service.
mobile premium service means a commercial content service where:
(a) a charge for the
supply of the commercial content service is expected to be included in a bill
sent by or on behalf of a mobile carriage service provider to the relevant
customer; or
(b) a charge for the
supply of the commercial content service is payable:
(i) in
advance; or
(ii) in
any other manner;
by the relevant
customer to a mobile carriage service provider or a person acting on behalf of
a mobile carriage service provider.
official‑inquiry proceedings means words spoken and acts done in the course of, or for purposes
of or incidental to, the transacting of the business of:
(a) a Royal
Commission; or
(b) an official
inquiry;
and includes:
(c) evidence given
before the Royal Commission or official inquiry; and
(d) a document
presented or submitted to the Royal Commission or official inquiry; and
(e) a document issued
or published by, or with the authority of, the Royal Commission or official
inquiry.
Parliamentary proceedings means words spoken and acts done in the course of, or for purposes
of or incidental to, the transacting of the business of:
(a) a Parliament; or
(b) a legislature; or
(c) a committee of a
Parliament or legislature;
and includes:
(d) evidence given
before the Parliament, legislature or committee; and
(e) a document
presented or submitted to the Parliament, legislature or committee; and
(f) a document
issued or published by, or with the authority of, the Parliament, legislature
or committee.
potential prohibited content has the meaning given by clause 21.
prohibited content has the meaning given by clause 20.
provided by a content service has the meaning given by clause 6.
provided to the public, in relation to a content service, has the meaning given by clause 7.
public mobile telecommunications
service has the same meaning as in the Telecommunications
Act 1997.
R 18+ content has the meaning given by clause 15.
restricted
access system has the meaning given by clause 14.
re‑transmitted broadcasting service has the meaning given by clause 12.
re‑transmitted datacasting service has the meaning given by clause 13.
service includes a website or a distinct part of a website.
special link‑deletion notice means a notice under clause 67.
special service‑cessation notice means a notice under clause 59A.
special take‑down notice means a notice under clause 52.
stored content means content kept on a data storage device. For this purpose,
disregard any storage of content on a highly transitory basis as an integral
function of the technology used in its transmission.
Note: Momentary buffering
(including momentary storage in a router in order to resolve a path for further
transmission) is an example of storage on a highly transitory basis.
trained content assessor has the meaning given by clause 18.
voice
call includes:
(a) if a voice call
is not practical for a particular end‑user with a disability—a call that is
equivalent to a voice call; and
(b) a call that
involves a recorded or synthetic voice.
3 Australian connection
Content service
(1) For the purposes of this
Schedule, a content service has an Australian connection if, and
only if:
(a) any of the
content provided by the content service is hosted in Australia; or
(b) in the case of a
live content service—the live content service is provided from Australia.
Note: A link is an example of
content. If a link provided by a content service is hosted in Australia, the content service will have an Australian connection (see paragraph (a)).
Hosting service
(2) For the purposes of this
Schedule, a hosting service has an Australian connection if, and
only if, any of the content hosted by the hosting service is hosted in Australia.
4 Hosting service
For the purposes of
this Schedule, if:
(a) a person (the first
person) hosts stored content; and
(b) the hosted
content does not consist of:
(i) voicemail
messages; or
(ii) video
mail messages; or
(iii) email
messages; or
(iv) SMS
messages; or
(v) MMS
messages; or
(vi) messages
specified in the regulations; and
(c) the first person
or another person provides a content service that:
(i) provides
the hosted content; and
(ii) is
provided to the public (whether on payment of a fee or otherwise);
the hosting of the stored content by the
first person is taken to be the provision by the first person of a hosting
service to the public.
Note 1: SMS is short for
short message service.
Note 2: MMS is short for
multimedia message service.
Note 3: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
5 Content service provider
(1) For the purposes of this
Schedule, a person does not provide a content service merely because the person
supplies a carriage service that enables content to be delivered or accessed.
(2) For the purposes of this
Schedule, a person does not provide a content service merely because the person
provides a billing service, or a fee collection service, in relation to a
content service.
6 When content is provided by a
content service
For the purposes of
this Schedule, content is provided by a content service if the
content is delivered by, or accessible to end‑users using, the content service.
7 When content service is provided
to the public etc.
(1) For the purposes of this
Schedule, a content service is provided to the public if, and
only if, the service is provided to at least one person outside the immediate
circle of the person who provides the service.
(2) For the purposes of this
Schedule, a content service that is provided to the public is taken to be
different from a content service that is not provided to the public, even if
the content provided by the services is identical.
8 Links to content
For the purposes of
this Schedule, if:
(a) a content service
(the first content service) provides a link to another content
service; and
(b) the other content
service specialises in prohibited content or potential prohibited content; and
(c) the other content
service provides particular content;
then:
(d) end‑users of the
first content service are taken to be able to access the content mentioned in paragraph (c)
using that link; and
(e) that link is
taken to be a link to the content mentioned in paragraph (c).
9 Services supplied by way of a
voice call or video call
If a service is
supplied by way of:
(a) a voice call made
using a carriage service; or
(b) a video call made
using a carriage service;
the service is taken, for the purposes of
this Schedule, to be a content service that allows end‑users to access the
relevant content using the carriage service.
9A Ancillary subscription television
content service
(1) For the purposes of this
Schedule, an ancillary subscription television content service is
a service that:
(a) delivers content
by way of television programs to persons having equipment appropriate for
receiving that content, where:
(i) those
television programs are stored on the equipment (whether temporarily or
otherwise); and
(ii) the
equipment is also capable of receiving one or more subscription television
broadcasting services provided in accordance with a licence allocated by the
ACMA under this Act; and
(iii) those
television programs are delivered to a subscriber to such a subscription
television broadcasting service under a contract with the relevant subscription
television broadcasting licensee; and
(b) complies with
such other requirements (if any) as are specified in the regulations.
(2) For the purposes of subsection (1),
it is immaterial whether the equipment is capable of receiving:
(a) content by way of
television programs; or
(b) subscription
television broadcasting services;
when used:
(c) in isolation; or
(d) in conjunction
with any other equipment.
10 Classification of live content
etc.
Recordings of live content
(1) If there is a recording
of live content, the recording is taken, for the purposes of classifying the
live content under this Schedule, to be the content.
Short duration segments
(2) If, on a particular day,
live content has a duration of more than:
(a) 60 minutes; or
(b) if another number
of minutes is specified in the regulations—that other number of minutes;
each short duration segment of the
content provided on that day is taken, for the purposes of:
(c) classifying the
content under this Schedule; and
(d) Part 3 of
this Schedule; and
(e) paragraph 81(1)(e)
of this Schedule;
to be different live content from each
other short duration segment provided on that day.
(3) For the purposes of this
clause, a short duration segment of live content is a segment
that has a duration of:
(a) 60 minutes; or
(b) if another number
of minutes is specified in the regulations—that other number of minutes.
(4) For the purposes of this
clause, it is immaterial when a short duration segment begins.
(5) For the purposes of this
clause, it is immaterial whether short duration segments overlap.
(6) Regulations made for the
purposes of paragraph (2)(b) or (3)(b) may make different provision with
respect to different kinds of live content.
(7) Subclause (6) does
not limit subsection 33(3A) of the Acts Interpretation Act 1901.
11 Eligible electronic publication
For the purposes of
this Schedule, if:
(a) content consists
of:
(i) an
electronic edition of a book, magazine or newspaper; or
(ii) an
audio recording of the text, or abridged text, of a book, magazine or
newspaper; and
(b) a print edition
of the book, magazine or newspaper is or was available to the public (whether by
way of purchase or otherwise) in Australia;
then:
(c) the content is an
eligible electronic publication; and
(d) the print edition
of the book, magazine or newspaper is the corresponding print publication
in relation to the eligible electronic publication.
12 Re‑transmitted broadcasting
services
(1) For the purposes of this
Schedule, a service is a re‑transmitted broadcasting service if
the service does no more than:
(a) re‑transmit
programs that have been previously transmitted by a licensed broadcasting
service; or
(b) re‑transmit
programs that have been previously transmitted by a national broadcasting
service.
(2) In determining whether a
service is a re‑transmitted broadcasting service:
(a) ignore any
changes to the format in which the programs are transmitted; and
(b) ignore any
advertising or sponsorship matter; and
(c) ignore such other
matters (if any) as are specified in the regulations.
13 Re‑transmitted datacasting
services
(1) For the purposes of this
Schedule, a service is a re‑transmitted datacasting service if
the service does no more than re‑transmit datacasting content that has been
previously transmitted by a licensed datacasting service.
(2) In determining whether a
service is a re‑transmitted datacasting service:
(a) ignore any
changes to the format in which the datacasting content is transmitted; and
(b) ignore any
advertising or sponsorship matter; and
(c) ignore such other
matters (if any) as are specified in the regulations.
14 Restricted access system
(1) The
ACMA may, by legislative instrument, declare that a specified access‑control
system is a restricted access system in relation to content for
the purposes of this Schedule. A declaration under this subclause has effect
accordingly.
Note: For specification by class,
see subsection 13(3) of the Legislative Instruments Act 2003.
(2) An instrument under subclause (1)
may make different provision with respect to:
(a) R 18+ content;
and
(b) MA 15+ content.
(3) Subclause (2) does
not limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4) In making an instrument
under subclause (1), the ACMA must have regard to:
(a) the objective of
protecting children from exposure to content that is unsuitable for children;
and
(b) the objective of
protecting children who have not reached 15 years from exposure to content that
is unsuitable for children who have not reached 15 years; and
(c) such other
matters (if any) as the ACMA considers relevant.
(5) The ACMA must ensure
that an instrument under subclause (1) is in force at all times after the
commencement of this Schedule.
15 R 18+ content and MA 15+ content
R 18+ content
(1) For the purposes of this
Schedule, R 18+ content is:
(a) content (other
than content that consists of an eligible electronic publication) that has been
classified R 18+ by the Classification Board; or
(b) content (other
than content that consists of an eligible electronic publication) where the
following conditions are satisfied:
(i) the
content has not been classified R 18+ by the Classification Board;
(ii) if
the content were to be classified by the Classification Board, there is a
substantial likelihood that the content would be classified R 18+ by the
Classification Board.
MA 15+
content
(2) For the purposes of this
Schedule, MA 15+ content is:
(a) content (other
than content that consists of an eligible electronic publication) that has been
classified MA 15+ by the Classification Board; or
(b) content (other
than content that consists of an eligible electronic publication) where the
following conditions are satisfied:
(i) the
content has not been classified MA 15+ by the Classification Board;
(ii) if
the content were to be classified by the Classification Board, there is a
substantial likelihood that the content would be classified MA 15+ by the
Classification Board.
Classification Board authorised to
classify content
(3) For the purposes of this
clause, it is to be assumed that this Schedule authorised the Classification
Board to classify the content.
16 Content that consists of a film
For the purposes of
this Schedule, in determining whether content consists of the entire unmodified
contents of a film, disregard any differences between:
(a) the technique
used to embody sounds and/or visual images in the film; and
(b) the technique
used to embody the sounds and/or visual images in a form in which they can be
delivered by means of, or accessed using, the carriage service concerned.
17 Extended meaning of use
Unless the contrary
intention appears, a reference in this Schedule to the use of a
thing is a reference to the use of the thing either:
(a) in isolation; or
(b) in conjunction
with one or more other things.
18 Trained content assessor
(1) For the purposes of this
Schedule, an individual is a trained content assessor if:
(a) the individual
has, at any time during the preceding 12 months, completed training in:
(i) the
making of assessments of the kinds referred to in paragraphs 81(1)(d) and (f)
of this Schedule; and
(ii) giving
advice of the kind referred to in subparagraph 81(1)(e)(ii) of this
Schedule; and
(b) the training was
approved by the Director of the Classification Board under subclause (2)
of this clause.
(2) For the purposes of paragraph (1)(b),
the Director of the Classification Board may, by writing, approve specified
training.
(3) An approval under subclause (2)
is not a legislative instrument.
19 Extra‑territorial application
(1) Unless the contrary
intention appears, this Schedule extends to acts, omissions, matters and things
outside Australia.
Note: Clause 3 is an example
of a contrary intention.
(2) Section 14.1 of the
Criminal Code does not apply to an offence against this Schedule.
Part 2—Classification of content
Division 1—Prohibited content and potential prohibited content
20 Prohibited content
Content other than eligible electronic
publications
(1) For the purposes of this
Schedule, content (other than content that consists of an eligible electronic
publication) is prohibited content if:
(a) the content has
been classified RC or X 18+ by the Classification Board; or
(b) both:
(i) the
content has been classified R 18+ by the Classification Board; and
(ii) access
to the content is not subject to a restricted access system; or
(c) all of the
following conditions are satisfied:
(i) the
content has been classified MA 15+ by the Classification Board;
(ii) access
to the content is not subject to a restricted access system;
(iii) the
content does not consist of text and/or one or more still visual images;
(iv) access
to the content is provided by means of a content service (other than a news
service or a current affairs service) that is operated for profit or as part of
a profit‑making enterprise;
(v) the
content service is provided on payment of a fee (whether periodical or
otherwise);
(vi) the
content service is not an ancillary subscription television content service; or
(d) all of the
following conditions are satisfied:
(i) the
content has been classified MA 15+ by the Classification Board;
(ii) access
to the content is not subject to a restricted access system;
(iii) access
to the content is provided by means of a mobile premium service.
Eligible electronic publications
(2) For the purposes of this
Schedule, content that consists of an eligible electronic publication is prohibited
content if the content has been classified RC, category 2 restricted or
category 1 restricted by the Classification Board.
Note: The classification of an
eligible electronic publication is the same as the classification of the
corresponding print publication—see clause 24.
21 Potential prohibited content
(1) For the purposes of this
Schedule, content is potential prohibited content
if:
(a) the content has
not been classified by the Classification Board; and
(b) if the content
were to be classified by the Classification Board, there is a substantial
likelihood that the content would be prohibited content.
(2) However, content is not potential
prohibited content if:
(a) the content
consists of an eligible electronic publication; and
(b) the content has
not been classified by the Classification Board; and
(c) if the content
were to be classified by the Classification Board, there is no substantial
likelihood that the content would be classified RC or category 2 restricted.
Note: The classification of an
eligible electronic publication is the same as the classification of the
corresponding print publication—see clause 24.
(3) In determining whether
particular content is potential prohibited content, it is to be assumed that
this Schedule authorised the Classification Board to classify the content.
Division 2—Classification of content
22 Applications for classification
of content
(1) Any of the following
persons may apply to the Classification Board for classification of content
under this Schedule:
(a) in the case of
content that has been, or is being, hosted by a hosting service—the hosting
service provider concerned; or
(b) in the case of
content that a hosting service provider is considering whether to host—the
hosting service provider; or
(c) in the case of
content that has been, or is being, delivered to, or accessed by, an end‑user
of a content service—the content service provider concerned; or
(d) in the case of
content that a content service provider is considering whether to deliver to,
or make available for access by, an end‑user of the content service
concerned—the content service provider; or
(e) in the case of
content that has been, or can be, accessed using a link provided by a links
service—the links service provider concerned; or
(f) in the case of
content where a links service provider is considering delivering, or making
available for access, a link that will enable end‑users to access the
content—the links service provider; or
(g) in any case—the
ACMA.
(2) An application must be:
(a) in writing; and
(b) made in a form
approved in writing by the Director of the Classification Board; and
(c) signed by or on
behalf of the applicant; and
(d) accompanied by:
(i) the
fee ascertained under clause 27; and
(ii) a
copy of the content.
Note: For special rules about
classification of live content, see clause 10.
23 Classification of content
If an application for
classification of content is made under clause 22, the Classification
Board must:
(a) classify the
content in accordance with whichever of clauses 24 and 25 is applicable;
and
(b) notify the
applicant in writing of the classification of the content.
24 Classification of content that
consists of a film, a computer game or an eligible electronic publication
Deemed classification
(1) If:
(a) content consists
of:
(i) the
entire unmodified contents of a film; or
(ii) a
computer game; and
(b) the film or
computer game has been classified under the Classification (Publications,
Films and Computer Games) Act 1995;
the content is taken to have been
classified by the Classification Board under this Schedule in the same way as
the film or the computer game, as the case may be, was classified under that
Act.
(2) If:
(a) content consists
of an eligible electronic publication; and
(b) the corresponding
print publication has been classified under the Classification
(Publications, Films and Computer Games) Act 1995;
the content is taken to have been
classified by the Classification Board under this Schedule in the same way as
the corresponding print publication was classified under that Act.
Actual classification
(3) If:
(a) content consists
of:
(i) the
entire unmodified contents of a film; or
(ii) a
computer game; and
(b) the film or
computer game has not been classified under the Classification
(Publications, Films and Computer Games) Act 1995;
the Classification Board is to classify
the content under this Schedule in a corresponding way to the way in which the
film or computer game, as the case may be, would be classified under the Classification
(Publications, Films and Computer Games) Act 1995.
(4) If:
(a) content consists
of an eligible electronic publication; and
(b) the corresponding
print publication has not been classified under the Classification
(Publications, Films and Computer Games) Act 1995;
the Classification Board is to classify
the content under this Schedule in a corresponding way to the way in which the
corresponding print publication would be classified under the Classification
(Publications, Films and Computer Games) Act 1995.
25 Classification of content that does
not consist of a film, a computer game or an eligible electronic publication
If content does not
consist of:
(a) the entire
unmodified contents of a film; or
(b) a computer game;
or
(c) an eligible
electronic publication;
the Classification Board is to classify
the content under this Schedule in a corresponding way to the way in which a
film would be classified under the Classification (Publications, Films and
Computer Games) Act 1995.
26 Deemed classification of content
classified under Schedule 5
If content has been
classified by the Classification Board under Schedule 5 (otherwise than
because of repealed subclause 12(1) of that Schedule), the content is
taken, for the purposes of this Schedule, to have been classified by the
Classification Board under this Schedule in the same way as the content was
classified under Schedule 5.
27 Fees
(1) A person who makes an application
under clause 22 is liable to pay a fee.
(2) The amount of a fee
payable under subclause (1) is ascertained under whichever of subclauses (3),
(4), (5) and (6) is applicable.
Films
(3) If content consists of
the entire unmodified contents of a film, regulations prescribing fees for the
purposes of paragraph 14(1)(d) of the Classification (Publications,
Films and Computer Games) Act 1995 apply, subject to such modifications (if
any) as are specified in regulations made for the purposes of this subclause,
in relation to the classification under this Schedule of the content in a
corresponding way to the way in which they apply to the classification under
that Act of the film.
Computer games
(4) If content consists of a
computer game, regulations prescribing fees for the purposes of paragraph 17(1)(d)
of the Classification (Publications, Films and Computer Games) Act 1995
apply, subject to such modifications (if any) as are specified in regulations
made for the purposes of this subclause, in relation to the classification
under this Schedule of the content in a corresponding way to the way in which
they apply to the classification under that Act of the computer game.
Eligible electronic publications
(5) If content consists of
an eligible electronic publication, regulations prescribing fees for the
purposes of paragraph 13(1)(d) of the Classification (Publications,
Films and Computer Games) Act 1995 apply, subject to such modifications (if
any) as are specified in regulations made for the purposes of this subclause,
in relation to the classification under this Schedule of the content in a
corresponding way to the way in which they apply to the classification under
that Act of the corresponding print publication.
Content other than films, computer
games or eligible electronic publications
(6) If content does not
consist of:
(a) the entire
unmodified contents of a film; or
(b) a computer game;
or
(c) an eligible
electronic publication;
regulations prescribing fees for the
purposes of paragraph 14(1)(d) of the Classification (Publications,
Films and Computer Games) Act 1995 apply, subject to such modifications (if
any) as are specified in regulations made for the purposes of this subclause,
in relation to the classification under this Schedule of the content in a
corresponding way to the way in which they apply to the classification under
that Act of a film.
Fees must not be such as to amount to
taxation
(7) A fee under subclause (1)
must not be such as to amount to taxation.
Division 3—Reclassification
28 Reclassification of content
(1) If content has been
classified by the Classification Board (otherwise than because of subclause 24(1)
or (2)), the Classification Board must not reclassify the content within the 2‑year
period beginning on the day the decision to classify took effect.
(2) After that 2‑year
period, any of the following may request that the Classification Board
reclassify the content:
(a) the Minister;
(b) the ACMA;
(c) if another person
applied, under clause 22, for classification of the content—the other
person.
(3) If the Classification
Board is requested to act under subsection (2), the Classification Board
must do so.
(4) If content is
reclassified by the Classification Board, the Classification Board must give
written notification to the following persons accordingly:
(a) the Minister;
(b) the ACMA;
(c) if another person
applied, under clause 22, for classification of the content—the other
person.
29 Notice of intention to reclassify
content
(1) If:
(a) content has been
classified by the Classification Board (otherwise than because of subclause 24(1)
or (2)); and
(b) the
Classification Board intends to reclassify the content;
then:
(c) the Director of
the Classification Board must give notice of that intention, inviting submissions
about the matter; and
(d) the Director of
the Classification Board must cause the contents of the notice to be published,
in such manner as the Director decides, at least 30 days before the
Classification Board proposes to consider the matter; and
(e) the Director of
the Classification Board must give a copy of the notice to:
(i) the
Minister; and
(ii) the
ACMA; and
(iii) if
another person applied, under clause 22, for classification of the
content—the other person;
at least 30
days before the Classification Board proposes to consider the matter.
(2) A notice under paragraph (1)(c)
must specify the day on which the Board proposes to consider the matter.
(3) The matters that the
Classification Board is to take into account in reclassifying the content
include issues raised in submissions made to the Classification Board about the
matter.
Division 4—Review of classification decisions
Subdivision A—Review of classification of content
30 Persons who may apply for review
(1) If content has been
classified by the Classification Board (otherwise than because of subclause 24(1)
or (2)), any of the following persons may apply to the Classification Review
Board for a review of the classification:
(a) the Minister;
(b) the ACMA;
(c) if a person other
than the ACMA applied, under clause 22, for classification of the
content—the other person;
(d) a person
aggrieved by the classification.
(2) Without limiting paragraph (1)(d),
if the classification referred to in that paragraph is a restricted classification,
the following persons or bodies are taken to be persons aggrieved by the
classification:
(a) a person who has
engaged in a series of activities relating to, or research into, the
contentious aspects of the theme or subject matter of the content concerned;
(b) an organisation
or association, whether incorporated or not, whose objects or purposes include,
and whose activities relate to, the contentious aspects of that theme or
subject matter.
(3) However, a person or
body is not aggrieved by a restricted classification because of subclause (2)
if the classification was made before:
(a) the person
engaged in a series of activities relating to, or research into, the
contentious aspects of the theme or subject matter of the content concerned; or
(b) the organisation
or association was formed, or its objects or purposes included and its
activities related to, the contentious aspects of that theme or subject matter.
(4) In
this clause:
restricted
classification means:
(a) for content that
does not consist of a computer game or an eligible electronic publication—the
classification MA 15+, R 18+, X 18+ or RC; or
(b) for content that
consists of a computer game—the classification MA 15+, R 18+ or RC; or
(c) for content that
consists of an eligible electronic publication—the classification category 1
restricted, category 2 restricted or Rc.
31 Applications for review
(1) An application for
review of a classification must be:
(a) in writing; and
(b) made in a form
approved in writing by the Convenor of the Classification Review Board; and
(c) signed by or on
behalf of the applicant; and
(d) except for an
application made by the Minister—accompanied by the fee ascertained under subclause (4).
(2) An application by the
Minister or the ACMA for review of a classification may be made at any time.
(3) Any other application
for review of a classification must be made:
(a) within 30 days
after the applicant is notified of the classification; or
(b) within such
longer period as the Classification Review Board allows.
(4) If:
(a) the applicant for
a review of the classification of content is not covered by paragraph 30(1)(c);
and
(b) a person other
than the ACMA applied, under clause 22, for classification of the content;
the Convenor of the Classification Review
Board must notify the person mentioned in paragraph (b), in writing, of:
(c) the application
for review; and
(d) the day on which
it will be considered.
(5) Regulations prescribing
fees for the purposes of paragraph 43(1)(d) of the Classification
(Publications, Films and Computer Games) Act 1995 apply, subject to such
modifications (if any) as are specified in regulations made for the purposes of
this subclause, to a review of a classification under this Schedule in a
corresponding way to the way in which they apply to a review of a
classification under that Act.
(6) A fee under subclause (1)
must not be such as to amount to taxation.
32 Classification Review Board may
refuse to deal with review applications that are frivolous etc.
If the applicant for a
review of the classification of content is covered by paragraph 30(1)(d),
the Classification Review Board may refuse to deal with the application, or to
deal further with the application, if the Classification Review Board is
satisfied that the application is:
(a) frivolous; or
(b) vexatious; or
(c) not made in good
faith.
33 Review
(1) For the purposes of
reviewing a classification of content, the Classification Review Board:
(a) may exercise all
the powers and discretions that are conferred on the Classification Board by
this Schedule; and
(b) must make a
decision in writing classifying the content.
(2) If the Classification
Review Board classifies the content, this Schedule (other than this
Subdivision) and Schedule 5 have effect as if the content had been
reclassified by the Classification Board.
Subdivision B—Review of content that consists of a film or a computer game
34 Review of classification of
content that consists of a film or a computer game
If:
(a) content consists
of:
(i) the
entire unmodified contents of a film; or
(ii) a
computer game; and
(b) the film or
computer game has been classified under the Classification (Publications,
Films and Computer Games) Act 1995; and
(c) the decision to
classify the film or computer game is reviewed by the Classification Review
Board under that Act; and
(d) as a result of
the review, the Classification Review Board classifies the film or computer
game under that Act;
this Schedule and Schedule 5 have
effect as if the film or computer game had been reclassified by the
Classification Board under this Schedule in the same way as the film or
computer game was classified under that Act by the Classification Review Board.
Subdivision C—Review of content that consists of an eligible electronic
publication
35 Review of classification of
content that consists of an eligible electronic publication
If:
(a) content consists
of an eligible electronic publication; and
(b) the corresponding
print publication has been classified under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) the decision to
classify the corresponding print publication is reviewed by the Classification
Review Board under that Act; and
(d) as
a result of the review, the Classification Review Board classifies the
corresponding print publication under that Act;
this Schedule and Schedule 5 have
effect as if the corresponding print publication had been reclassified by the
Classification Board under this Schedule in the same way as the corresponding
print publication was classified under that Act by the Classification Review
Board.
Division 5—Miscellaneous
36 Decisions of the Classification
Board etc.
(1) Section 57 of the Classification
(Publications, Films and Computer Games) Act 1995 applies to the
consideration by the Classification Board of a matter arising under this Schedule
in a corresponding way to the way in which it applies to the consideration of
an application under that Act.
(2) To avoid doubt, sections 10,
19, 20, 22, 23A, 24, 25, 26, 27, 28 and 44A, and Division 6 of Part 2,
of the Classification (Publications, Films and Computer Games) Act 1995
do not apply to a classification under this Schedule.
Part 3—Complaints to, and investigations by, the ACMA
Division 1—Making of complaints to the ACMA
37 Complaints about prohibited
content or potential prohibited content
Complaints about access to prohibited
content or potential prohibited content
(1) If a person has reason
to believe that end‑users in Australia can access prohibited content or
potential prohibited content provided by a content service, the person may make
a complaint to the ACMA about the matter.
Complaints about hosting services
(2) If a person has reason
to believe that a hosting service is:
(a) hosting prohibited
content; or
(b) hosting potential
prohibited content;
the person may make a complaint to the
ACMA about the matter.
Complaints about links services
(3) If a person has reason
to believe that end‑users in Australia can access prohibited content or
potential prohibited content using a link provided by a links service, the
person may make a complaint to the ACMA about the matter.
Content of complaint
(4) A complaint under subclause (1),
(2) or (3) about particular content must:
(a) identify the content;
and
(b) if the content is
stored content—set out how to access the content (for example: set out a URL, a
password, or the name of a newsgroup); and
(c) if:
(i) the
content is stored content; and
(ii) the
complainant knows the country or countries in which the content is hosted;
set out the
name of that country or those countries; and
(d) if the content is
live content—set out details of how the content was accessed (for example: set
out a URL or a password); and
(e) if:
(i) the
content is live content; and
(ii) the
complainant believes that a particular incident depicted by the live content is
sufficient to characterise the content as prohibited content or potential
prohibited content;
set out the
date and approximate time when that incident occurred; and
(f) set out the
complainant’s reasons for believing that the content is prohibited content or
potential prohibited content; and
(g) set out such
other information (if any) as the ACMA requires.
(5) The rule in paragraph (4)(b)
does not apply to a complaint to the extent (if any) to which finding out how
to access the content would cause the complainant to contravene a law of the
Commonwealth, a State or a Territory.
(6) The rule in paragraph (4)(d)
does not apply to a complaint to the extent (if any) to which finding out how
the content was accessed would cause the complainant to contravene a law of the
Commonwealth, a State or a Territory.
Timing of complaint about live content
(7) If:
(a) a person makes a
complaint under subclause (1) about live content; and
(b) the person
believes that a particular incident depicted in the live content is sufficient
to characterise the content as prohibited content or potential prohibited
content;
the complaint must be made within 60 days
after the occurrence of the incident.
Transitional
(8) A person is not entitled
to make a complaint under subclause (1), (2) or (3) about something that
occurred before the commencement of this clause.
38 Complaints relating to breach of
a designated content/hosting service provider rule etc.
(1) If a person (the first
person) has reason to believe that another person has:
(a) breached a
designated content/hosting service provider rule that applies to the other
person; or
(b) committed an
offence against this Schedule; or
(c) breached a civil
penalty provision of this Schedule;
the first person may make a complaint to
the ACMA about the matter.
(2) If a person has reason
to believe that a participant in the content industry (within the meaning of Part 4
of this Schedule) has breached a code registered under that Part that is
applicable to the participant, the person may make a complaint to the ACMA
about the matter.
39 Form of complaint
(1) A complaint under this Division
is to be in writing.
(2) However, the ACMA may
permit complaints to be given, in accordance with specified software
requirements, by way of a specified kind of electronic transmission.
40 Recordings of live content
(1) If:
(a) a complaint under
subclause 37(1) about live content is accompanied by a recording of:
(i) the
live content; or
(ii) a
segment of the live content; and
(b) the complainant
made the recording;
neither making the recording, nor giving
the recording to the ACMA, is taken to have infringed copyright.
(2) Subclause (1) does
not apply if:
(a) the ACMA is
satisfied that the complaint is:
(i) frivolous;
or
(ii) vexatious;
or
(iii) not
made in good faith; or
(b) the ACMA has
reason to believe that the complaint was made for the purpose, or for purposes
that include the purpose, of frustrating or undermining the effective
administration of this Schedule; or
(c) the making of the
recording would cause the complainant to contravene:
(i) a law
of the Commonwealth (other than the Copyright Act 1968); or
(ii) a law
of a State; or
(iii) a law
of a Territory.
41 Residency etc. of complainant
A person is not
entitled to make a complaint under this Division unless the person is:
(a) an individual who
resides in Australia; or
(b) a body corporate
that carries on activities in Australia; or
(c) the Commonwealth,
a State or a Territory.
42 Escalation of complaints made
under industry codes etc.
(1) This clause applies if:
(a) a person has made
a complaint under:
(i) an
industry code registered under Part 4; or
(ii) an
industry standard determined under Part 4; or
(iii) a
designated content/hosting service provider determination; and
(b) the complaint is
about a particular matter; and
(c) the person could
have made a complaint about the matter under subclause 37(1), (2) or (3)
or 38(1) or (2); and
(d) the complaint is
referred to the ACMA under the code, standard or determination.
(2) This Part has effect as
if the complaint mentioned in paragraph (1)(a) had been made under
subclause 37(1), (2) or (3) or 38(1) or (2), as the case requires.
Division 2—Investigations by the ACMA
44 ACMA may investigate matters
The ACMA may, on its
own initiative or in response to a complaint made under Division 1,
investigate any of the following matters if the ACMA thinks that it is
desirable to do so:
(a) whether end‑users
in Australia can access prohibited content or potential prohibited content
provided by a content service;
(b) whether a hosting
service is hosting prohibited content or potential prohibited content;
(c) whether end‑users
in Australia can access prohibited content or potential prohibited content
using a link provided by a links service;
(d) whether a person
has breached a designated content/hosting service provider rule that applies to
the person;
(e) whether a person
has committed an offence against this Schedule;
(f) whether a person
has breached a civil penalty provision of this Schedule;
(g) whether a
participant in the content industry (within the meaning of Part 4 of this Schedule)
has breached a code registered under that Part that is applicable to the
participant.
45 Conduct of investigations
(1) An investigation under
this Division is to be conducted as the ACMA thinks fit.
(2) The ACMA may, for the
purposes of an investigation, obtain information from such persons, and make
such inquiries, as it thinks fit.
(3) This clause has effect
subject to Part 13 of this Act (which confers certain investigative powers
on the ACMA).
46 Protection from civil proceedings
Civil proceedings do
not lie against a person in respect of loss, damage or injury of any kind
suffered by another person because of any of the following acts done in good
faith:
(a) the making of a
complaint under Division 1;
(b) the making of a
statement to, or the giving of a document or information to, the ACMA in
connection with an investigation under this Division.
Division 3—Action to be taken in relation to hosting services
47 Action to be taken in relation to
hosting services
Prohibited content
(1) If, in the course of an
investigation under Division 2, the ACMA is satisfied that:
(a) content hosted by
a hosting service provider is prohibited content; and
(b) the relevant
hosting service has an Australian connection;
the ACMA must:
(c) if:
(i) the
content does not consist of an eligible electronic publication; and
(ii) the
content has been classified RC or X 18+ by the Classification Board;
give the
hosting service provider a written notice (a final take‑down notice)
directing the hosting service provider to take such steps as are necessary to
ensure that a type A remedial situation exists in relation to the content; or
(d) if:
(i) the
content does not consist of an eligible electronic publication; and
(ii) the
content has been classified R 18+ or MA 15+ by the Classification Board;
give the
hosting service provider a written notice (a final take‑down notice)
directing the hosting service provider to take such steps as are necessary to
ensure that a type B remedial situation exists in relation to the content; or
(e) if:
(i) the
content consists of an eligible electronic publication; and
(ii) the
content has been classified RC, category 2 restricted or category 1 restricted
by the Classification Board;
give the
hosting service provider a written notice (a final take‑down notice)
directing the hosting service provider to take such steps as are necessary to
ensure that a type A remedial situation exists in relation to the content.
Note 1: For type A remedial
situation, see subclause (6).
Note 2: For type B remedial
situation, see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) content
hosted by a hosting service provider is potential prohibited content; and
(ii) the
relevant hosting service has an Australian connection; and
(b) the ACMA is
satisfied that, if the content were to be classified by the Classification
Board, there is a substantial likelihood that:
(i) if
the content does not consist of an eligible electronic publication—the content
would be classified RC or X 18+; or
(ii) if
the content consists of an eligible electronic publication—the content would be
classified RC or category 2 restricted;
the ACMA must:
(c) give the hosting
service provider a written notice (an interim take‑down notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content until the ACMA
notifies the hosting service provider under subclause (4) of the
Classification Board’s classification of the content; and
(d) apply to the
Classification Board under clause 22 for classification of the content.
Note: For type A remedial
situation, see subclause (6).
(3) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) content
hosted by a hosting service provider is potential prohibited content; and
(ii) the
relevant hosting service has an Australian connection; and
(b) the content does
not consist of an eligible electronic publication; and
(c) the ACMA is
satisfied that, if the content were to be classified by the Classification
Board, there is a substantial likelihood that the content would be classified R
18+ or MA 15+;
the ACMA must:
(d) give the hosting
service provider a written notice (an interim take‑down notice)
directing the provider to take such steps as are necessary to ensure that a
type B remedial situation exists in relation to the content until the ACMA
notifies the hosting service provider under subclause (4) of the
Classification Board’s classification of the content; and
(e) apply to the
Classification Board under clause 22 for classification of the content.
Note: For type B remedial
situation, see subclause (7).
(4) If, in response to an
application made as required by subclause (2) or (3), the ACMA is informed
under paragraph 23(b) of the classification of particular content, the
ACMA must:
(a) give the relevant
hosting service provider a written notice setting out the classification; and
(b) in a case where:
(i) the
content does not consist of an eligible electronic publication; and
(ii) the
effect of the classification is that the content is prohibited content because
it has been classified RC or X 18+ by the Classification Board;
give the
hosting service provider a written notice (a final take‑down notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content; and
(c) in a case where:
(i) the content
does not consist of an eligible electronic publication; and
(ii) the
effect of the classification is that the content is prohibited content because
it has been classified R 18+ or MA 15+ by the Classification Board;
give the
hosting service provider a written notice (a final take‑down notice)
directing the provider to take such steps as are necessary to ensure that a
type B remedial situation exists in relation to the content; and
(d) in a case where:
(i) the
content consists of an eligible electronic publication; and
(ii) the
effect of the classification is that the content is prohibited content because
it has been classified RC, category 2 restricted or category 1 restricted by
the Classification Board;
give the
hosting service provider a written notice (a final take‑down notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content.
Note 1: For type A remedial
situation, see subclause (6).
Note 2: For type B remedial
situation, see subclause (7).
(5) If the ACMA makes a
decision under subclause (2) or (3) to apply to the Classification Board
for classification of content, the ACMA must give the relevant hosting service
provider a written notice setting out the decision.
Type A remedial situation
(6) For the purposes of the
application of this clause to a hosting service provider, a type A
remedial situation exists in relation to content at a particular time
if:
(a) the provider does
not host the content; or
(b) the content is
not provided by a content service provided to the public (whether on payment of
a fee or otherwise).
Type B remedial situation
(7) For the purposes of the
application of this clause to a hosting service provider, a type B
remedial situation exists in relation to content at a particular time
if:
(a) the provider does
not host the content; or
(b) the content is
not provided by a content service provided to the public (whether on payment of
a fee or otherwise); or
(c) access to the
content is subject to a restricted access system.
48 Revocation of interim take‑down
notices—voluntary withdrawal of content
(1) If:
(a) an interim take‑down
notice relating to particular content is applicable to a particular hosting
service provider; and
(b) before the
Classification Board classifies the content, the provider:
(i) ceases
to host the content; and
(ii) gives
the ACMA a written undertaking not to host the content;
the ACMA may:
(c) accept the
undertaking; and
(d) revoke the
interim take‑down notice; and
(e) by written notice
given to the Classification Board, determine that the Classification Board is
not required to comply with clause 23 in relation to the classification of
the content.
(2) If an interim take‑down
notice is revoked under this clause, the ACMA must give the hosting service
provider concerned a written notice stating that the interim take‑down notice
has been revoked.
49 Revocation of final take‑down
notices—reclassification of content
(1) If:
(a) content has been
classified by the Classification Board (otherwise than because of subclause 24(1)
or (2)); and
(b) a final take‑down
notice relating to the content is applicable to a particular hosting service
provider; and
(c) the
Classification Board reclassifies the content; and
(d) as a result of
the reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final take‑down
notice.
(2) If a final take‑down
notice is revoked under this clause, the ACMA must give the hosting service
provider concerned a written notice stating that the final take‑down notice has
been revoked.
50 Revocation of final take‑down
notices—reclassification of content that consists of a film or a computer game
(1) If:
(a) content consists
of:
(i) the
entire unmodified contents of a film; or
(ii) a
computer game; and
(b) the
Classification Board reclassifies the film or computer game under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) a final take‑down
notice relating to the content is applicable to a particular hosting service
provider; and
(d) as a result of
the reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final take‑down
notice.
(2) If a final take‑down
notice is revoked under this clause, the ACMA must give the hosting service
provider concerned a written notice stating that the final take‑down notice has
been revoked.
51 Revocation of final take‑down
notices—reclassification of a corresponding print publication
(1) If:
(a) content consists
of an eligible electronic publication; and
(b) the
Classification Board reclassifies the corresponding print publication under the
Classification (Publications, Films and Computer Games) Act 1995; and
(c) a final take‑down
notice relating to the content is applicable to a particular hosting service
provider; and
(d) as a result of
the reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final take‑down
notice.
(2) If a final take‑down
notice is revoked under this clause, the ACMA must give the hosting service
provider concerned a written notice stating that the final take‑down notice has
been revoked.
52 Anti‑avoidance—special take‑down
notices
(1) If:
(a) an interim take‑down
notice or a final take‑down notice relating to particular content is applicable
to a particular hosting service provider; and
(b) the ACMA is
satisfied that the hosting service provider is hosting, or is proposing to
host, content (the similar content) that is the same as, or substantially
similar to, the content identified in the interim take‑down notice or the final
take‑down notice, as the case may be; and
(c) the
ACMA is satisfied that the similar content is prohibited content or potential
prohibited content;
the ACMA may:
(d) if the interim
take‑down notice or final take‑down notice, as the case may be, was given under
paragraph 47(1)(c), (1)(e), (2)(c), (4)(b) or (4)(d) of this Schedule—give
the hosting service provider a written notice (a special take‑down notice)
directing the provider to take all reasonable steps to ensure that a type A
remedial situation exists in relation to the similar content at any time when
the interim take‑down notice or final take‑down notice, as the case may be, is
in force; or
(e) in any other
case—give the hosting service provider a written notice (a special take‑down
notice) directing the provider to take all reasonable steps to ensure
that a type B remedial situation exists in relation to the similar content at
any time when the interim take‑down notice or final take‑down notice, as the
case may be, is in force.
Note 1: For type A remedial
situation, see subclause (2).
Note 2: For type B remedial
situation, see subclause (3).
Type A remedial situation
(2) For the purposes of the application
of this clause to a hosting service provider, a type A remedial situation
exists in relation to the similar content at a particular time if:
(a) the provider does
not host the similar content; or
(b) the similar
content is not provided by a content service provided to the public (whether on
payment of a fee or otherwise).
Type B remedial situation
(3) For the purposes of the
application of this clause to a hosting service provider, a type B
remedial situation exists in relation to content at a particular time
if:
(a) the provider does
not host the similar content; or
(b) the similar
content is not provided by a content service provided to the public (whether on
payment of a fee or otherwise); or
(c) access to the
similar content is subject to a restricted access system.
53 Compliance with rules relating to
prohibited content etc.
Interim take‑down notice
(1) A hosting service
provider must comply with an interim take‑down notice that applies to the
provider as soon as practicable, and in any event by 6 pm on the next business
day, after the notice was given to the provider.
Final take‑down notice
(2) A hosting service
provider must comply with a final take‑down notice that applies to the provider
as soon as practicable, and in any event by 6 pm on the next business day,
after the notice was given to the provider.
Special take‑down notice
(3) A hosting service
provider must comply with a special take‑down notice that applies to the
provider as soon as practicable, and in any event by 6 pm on the next business
day, after the notice was given to the provider.
(4) In proceedings relating
to a contravention of subclause (3), it is a defence if the hosting
service provider proves:
(a) that the provider
did not know; and
(b) that the provider
could not, with reasonable diligence, have ascertained;
that the relevant content was prohibited
content or potential prohibited content.
Note: In criminal proceedings, a
defendant bears a legal burden in relation to the matters in subclause (4)—see
section 13.4 of the Criminal Code.
Undertaking
(5) A hosting service
provider must comply with an undertaking given by the provider and accepted
under clause 48.
Designated content/hosting service
provider rule
(6) Subclauses (1),
(2), (3) and (5) are designated content/hosting service provider rules.
54 Identification of content
Content may be
identified in a notice under this Division:
(a) by setting out
the content; or
(b) by describing the
content; or
(c) in any other way.
55 Application of notices under this
Division
If a notice under this Division
relates to particular internet content, the notice applies to the content only
to the extent to which the content is accessed, or available for access, from a
website, or a distinct part of a website, specified in the notice.
Note: For specification by class,
see subsection 33(3AB) of the Acts Interpretation Act 1901.
Division 4—Action to be taken in relation to live content services
56 Action to be taken in relation to
live content services
Prohibited content
(1) If, in the course of an
investigation under Division 2, the ACMA is satisfied that:
(a) live content
provided by a live content service is prohibited content; and
(b) the live content
service has an Australian connection;
the ACMA must:
(c) if the content
has been classified RC or X 18+ by the Classification Board—give the live
content service provider a written notice (a final service‑cessation
notice) directing the live content service provider to take such steps
as are necessary to ensure that a type A remedial situation exists in relation
to the live content service; or
(d) if the content
has been classified R 18+ or MA 15+ by the Classification Board—give the live
content service provider a written notice (a final service‑cessation
notice) directing the live content service provider to take such steps
as are necessary to ensure that a type B remedial situation exists in relation
to the live content service.
Note 1: For type A remedial
situation, see subclause (6).
Note 2: For type B remedial
situation, see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) live
content provided by a live content service is potential prohibited content; and
(ii) the
live content service has an Australian connection; and
(b) the
ACMA is satisfied that, if the content were to be classified by the
Classification Board, there is a substantial likelihood that the content would
be classified RC or X 18+; and
(c) the ACMA has:
(i) a
recording of the content; or
(ii) a
copy of such a recording;
the ACMA must:
(d) give the live
content service provider a written notice (an interim service‑cessation
notice) directing the provider to take such steps as are necessary to
ensure that a type A remedial situation exists in relation to the live content
service until the ACMA notifies the live content provider under subclause (4)
of the Classification Board’s classification of the content; and
(e) apply to the
Classification Board under clause 22 for classification of the content.
Note: For type A remedial
situation, see subclause (6).
(3) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) live
content provided by a live content service is potential prohibited content; and
(ii) the
live content service has an Australian connection; and
(b) the ACMA is
satisfied that, if the content were to be classified by the Classification
Board, there is a substantial likelihood that the content would be classified R
18+ or MA 15+; and
(c) the ACMA has:
(i) a
recording of the content; or
(ii) a
copy of such a recording;
the ACMA must:
(d) give the live
content service provider a written notice (an interim service‑cessation
notice) directing the provider to take such steps as are necessary to
ensure that a type B remedial situation exists in relation to the live content
service until the ACMA notifies the live content provider under subclause (4)
of the Classification Board’s classification of the content; and
(e) apply to the
Classification Board under clause 22 for classification of the content.
Note: For type B remedial
situation, see subclause (7).
(4) If, in response to an
application made as required by subclause (2) or (3), the ACMA is informed
under paragraph 23(b) of the classification of particular content, the
ACMA must:
(a) give the relevant
live content service provider a written notice setting out the classification;
and
(b) in a case where
the effect of the classification is that the content is prohibited content
because it has been classified RC or X 18+ by the Classification Board—give the
live content service provider a written notice (a final service‑cessation
notice) directing the provider to take such steps as are necessary to
ensure that a type A remedial situation exists in relation to the live content
service; and
(c) in a case where
the effect of the classification is that the content is prohibited content
because it has been classified R 18+ or MA 15+ by the Classification Board—give
the live content service provider a written notice (a final service‑cessation
notice) directing the provider to take such steps as are necessary to
ensure that a type B remedial situation exists in relation to the live content
service.
Note 1: For type A remedial
situation, see subclause (6).
Note 2: For type B remedial
situation, see subclause (7).
(5) If the ACMA makes a
decision under subclause (2) or (3) to apply to the Classification Board
under clause 22 for classification of content, the ACMA must give the
relevant live content service provider a written notice setting out the
decision.
Type A remedial situation
(6) For the purposes of the
application of this clause to a live content service provider, a type A
remedial situation exists in relation to a live content service if the
provider does not provide the live content service.
Type B remedial situation
(7) For the purposes of the
application of this clause to a live content service provider, a type B
remedial situation exists in relation to a live content service if:
(a) the provider does
not provide the live content service; or
(b) access to any R
18+ or MA 15+ content provided by the live content service is subject to a
restricted access system.
57 Undertaking—alternative to
service‑cessation notice
(1) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) live
content provided by a live content service is prohibited content or potential
prohibited content; and
(ii) the
live content service has an Australian connection; and
(b) apart from this
subclause, the ACMA would be required to take action under subclause 56(1),
(2) or (3) in relation to the content; and
(c) the live content
service provider concerned gives the ACMA a written undertaking relating to the
live content service;
then:
(d) the ACMA may
accept the undertaking; and
(e) if the ACMA
accepts the undertaking—the ACMA is not required to take action under subclause 56(1),
(2) or (3) in relation to the content.
(2) Subclause (1) has
effect despite anything in clause 56.
58 Revocation of service‑cessation
notices—undertaking
(1) If:
(a) a final service‑cessation
notice or interim service‑cessation notice is applicable to a particular live
content service provider; and
(b) the provider
gives the ACMA a written undertaking relating to the live content service
concerned;
the ACMA
may:
(c) accept
the undertaking; and
(d) revoke the final
service‑cessation notice or interim service‑cessation notice; and
(e) in the case of an
interim service‑cessation notice—by written notice given to the Classification
Board, determine that the Classification Board is not required to comply with
clause 23 in relation to the classification of the content concerned.
(2) If a final service‑cessation
notice or interim service‑cessation notice is revoked under this clause, the
ACMA must give the live content service provider concerned a written notice
stating that the notice has been revoked.
59 Revocation of final service‑cessation
notices—reclassification of content
(1) If:
(a) content has been
classified by the Classification Board (otherwise than because of subclause 24(1)
or (2)); and
(b) a final service‑cessation
notice is applicable to a particular live content service provider; and
(c) the final service‑cessation
notice was given because the content was prohibited content; and
(d) the
Classification Board reclassifies the content; and
(e) as a result of
the reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final service‑cessation
notice.
(2) If a final service‑cessation
notice is revoked under this clause, the ACMA must give the live content
service provider concerned a written notice stating that the final service‑cessation
notice has been revoked.
59A Anti‑avoidance—special service‑cessation
notices
(1) If:
(a) an interim
service‑cessation notice or a final service‑cessation notice relating to a
particular live content service is applicable to a particular live content
service provider; and
(b) the ACMA is
satisfied that the live content service provider:
(i) is
providing; or
(ii) is
proposing to provide;
another live
content service that is substantially similar to the first‑mentioned live
content service; and
(c) the ACMA is
satisfied that the other live content service:
(i) has
provided; or
(ii) is
providing; or
(iii) is
likely to provide;
prohibited
content or potential prohibited content;
the ACMA may:
(d) if the interim
service‑cessation notice or final service‑cessation notice, as the case may be,
was given under paragraph 56(1)(c), (2)(d) or (4)(b) of this Schedule—give
the live content service provider a written notice (a special service‑cessation
notice) directing the provider to take all reasonable steps to ensure
that a type A remedial situation exists in relation to the other live content
service at any time when the interim service‑cessation notice or final service‑cessation
notice, as the case may be, is in force; or
(e) in any other
case—give the live content service provider a written notice (a special
service‑cessation notice) directing the provider to take all reasonable
steps to ensure that a type B remedial situation exists in relation to the
other live content service at any time when the interim service‑cessation
notice or final service‑cessation notice, as the case may be, is in force.
Note 1: For type A remedial
situation, see subclause (2).
Note 2: For type B remedial
situation, see subclause (3).
Type A remedial situation
(2) For the purposes of the
application of this clause to a live content service provider, a type A
remedial situation exists in relation to a live content service if the
provider does not provide the live content service.
Type B remedial situation
(3) For the purposes of the
application of this clause to a live content service provider, a type B
remedial situation exists in relation to a live content service if:
(a) the provider does
not provide the live content service; or
(b) access to any R
18+ or MA 15+ content provided by the live content service is subject to a
restricted access system.
60 Compliance with rules relating to
prohibited content etc.
Interim service‑cessation notice
(1) A live content service
provider must comply with an interim service‑cessation notice that applies to
the provider as soon as practicable, and in any event by 6 pm on the next
business day, after the notice was given to the provider.
Final service‑cessation notice
(2) A live content service
provider must comply with a final service‑cessation notice that applies to the
provider as soon as practicable, and in any event by 6 pm on the next business
day, after the notice was given to the provider.
Special service‑cessation notice
(2A) A live content service provider
must comply with a special service‑cessation notice that applies to the
provider as soon as practicable, and in any event by 6 pm on the next business
day, after the notice was given to the provider.
Undertaking
(3) A live content service
provider must comply with an undertaking given by the provider and accepted
under clause 57 or 58.
Designated content/hosting service
provider rule
(4) Subclauses (1),
(2), (2A) and (3) are designated content/hosting service provider rules.
61 Identification of content
Content may be
identified in a notice under this Division:
(a) by setting out
the content; or
(b) by describing the
content; or
(c) in any other way.
Division 5—Action to be taken in relation to links services
62 Action to be taken in relation to
links services
Prohibited content
(1) If, in the course of an
investigation under Division 2, the ACMA is satisfied that:
(a) end‑users in Australia can access content using a link provided by a links service; and
(b) the content is
prohibited content; and
(c) the links service
has an Australian connection;
the ACMA must:
(d) if:
(i) the
content does not consist of an eligible electronic publication; and
(ii) the
content has been classified RC or X 18+ by the Classification Board;
give the links
service provider a written notice (a final link‑deletion notice)
directing the links service provider to take such steps as are necessary to
ensure that a type A remedial situation exists in relation to the content; or
(e) if:
(i) the
content does not consist of an eligible electronic publication; and
(ii) the
content has been classified R 18+ or MA 15+ by the Classification Board;
give the links
service provider a written notice (a final link‑deletion notice)
directing the links service provider to take such steps as are necessary to
ensure that a type B remedial situation exists in relation to the content; or
(f) if:
(i) the
content consists of an eligible electronic publication; and
(ii) the
content has been classified RC, category 2 restricted or category 1 restricted
by the Classification Board;
give the links
service provider a written notice (a final link‑deletion notice)
directing the links service provider to take such steps as are necessary to
ensure that a type A remedial situation exists in relation to the content.
Note 1: For type A remedial
situation, see subclause (6).
Note 2: For type B remedial
situation, see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) end‑users
in Australia can access content using a link provided by a links service; and
(ii) the
content is potential prohibited content; and
(iii) the
links service has an Australian connection; and
(b) the ACMA is
satisfied that, if the content were to be classified by the Classification
Board, there is a substantial likelihood that:
(i) if
the content does not consist of an eligible electronic publication—the content
would be classified RC or X 18+; or
(ii) if
the content consists of an eligible electronic publication—the content would be
classified RC or category 2 restricted;
the ACMA must:
(c) give the links
service provider a written notice (an interim link‑deletion notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content until the ACMA
notifies the links service provider under subclause (4) of the
Classification Board’s classification of the content; and
(d) apply to the
Classification Board under clause 22 for classification of the content.
Note: For type A remedial
situation, see subclause (6).
(3) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) end‑users
in Australia can access content using a link provided by a links service; and
(ii) the
content is potential prohibited content; and
(iii) the
links service has an Australian connection; and
(b) the content does
not consist of an eligible electronic publication; and
(c) the ACMA is
satisfied that, if the content were to be classified by the Classification
Board, there is a substantial likelihood that the content would be classified R
18+ or MA 15+;
the ACMA must:
(d) give the links
service provider a written notice (an interim link‑deletion notice)
directing the provider to take such steps as are necessary to ensure that a
type B remedial situation exists in relation to the content until the ACMA
notifies the links service provider under subclause (4) of the Classification
Board’s classification of the content; and
(e) apply to the
Classification Board under clause 22 for classification of the content.
Note: For type B remedial
situation, see subclause (7).
(4) If, in response to an
application made as required by subclause (2) or (3), the ACMA is informed
under paragraph 23(b) of the classification of particular content, the
ACMA must:
(a) give the relevant
links service provider a written notice setting out the classification; and
(b) in a case where:
(i) the content
does not consist of an eligible electronic publication; and
(ii) the
effect of the classification is that the content is prohibited content because
it has been classified RC or X 18+ by the Classification Board;
give the links
service provider a written notice (a final link‑deletion notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content; and
(c) in a case where:
(i) the
content does not consist of an eligible electronic publication; and
(ii) the
effect of the classification is that the content is prohibited content because
it has been classified R 18+ or MA 15+ by the Classification Board;
give the links
service provider a written notice (a final link‑deletion notice)
directing the provider to take such steps as are necessary to ensure that a
type B remedial situation exists in relation to the content; and
(d) in a case where:
(i) the
content consists of an eligible electronic publication; and
(ii) the effect
of the classification is that the content is prohibited content because it has
been classified RC, category 2 restricted or category 1 restricted by the
Classification Board;
give the links
service provider a written notice (a final link‑deletion notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content.
Note 1: For type A remedial
situation, see subclause (6).
Note 2: For type B remedial
situation, see subclause (7).
(5) If the ACMA makes a
decision under subclause (2) or (3) to apply to the Classification Board
under clause 22 for classification of content, the ACMA must give the
relevant links service provider a written notice setting out the decision.
Type A remedial situation
(6) For the purposes of the
application of this clause to a links service provider, a type A remedial
situation exists in relation to particular content if:
(a) the provider
ceases to provide a link to the content using the links service concerned; or
(b) the content is
not provided by a content service provided to the public (whether on payment of
a fee or otherwise).
Type B remedial situation
(7) For the purposes of the
application of this clause to a links service provider, a type B remedial
situation exists in relation to particular content if:
(a) the provider
ceases to provide a link to the content using the links service concerned; or
(b) the content is
not provided by a content service provided to the public (whether on payment of
a fee or otherwise); or
(c) access to the
content is subject to a restricted access system.
63 Revocation of interim link‑deletion
notices—voluntary deletion of link
(1) If:
(a) an interim link‑deletion
notice relating to a link to particular content is applicable to a particular
links service provider; and
(b) before the
Classification Board classifies the content, the provider:
(i) ceases
to provide a link to the content; and
(ii) gives
the ACMA a written undertaking not to provide a link to the content;
the ACMA may:
(c) accept the
undertaking; and
(d) revoke the
interim link‑deletion notice; and
(e) by written notice
given to the Classification Board, determine that the Classification Board is
not required to comply with clause 23 in relation to the classification of
the content.
(2) If an interim link‑deletion
notice is revoked under this clause, the ACMA must give the links service
provider concerned a written notice stating that the interim link‑deletion
notice has been revoked.
64 Revocation of final link‑deletion
notices—reclassification of content
(1) If:
(a) content has been
classified by the Classification Board (otherwise than because of subclause 24(1)
or (2)); and
(b) a final link‑deletion
notice relating to a link to the content is applicable to a particular links
service provider; and
(c) the
Classification Board reclassifies the content; and
(d) as a result of
the reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final link‑deletion
notice.
(2) If a final link‑deletion
notice is revoked under this clause, the ACMA must give the links service
provider concerned a written notice stating that the final link‑deletion notice
has been revoked.
65 Revocation of final link‑deletion
notices—reclassification of content that consists of a film or a computer game
(1) If:
(a) content consists
of:
(i) the
entire unmodified contents of a film; or
(ii) a
computer game; and
(b) the
Classification Board reclassifies the film or computer game under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) a final link‑deletion
notice relating to a link to the content is applicable to a particular links
service provider; and
(d) as a result of
the reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final link‑deletion
notice.
(2) If a final link‑deletion
notice is revoked under this clause, the ACMA must give the links service
provider concerned a written notice stating that the final link‑deletion notice
has been revoked.
66 Revocation of final link‑deletion
notices—reclassification of a corresponding print publication
(1) If:
(a) content consists
of an eligible electronic publication; and
(b) the
Classification Board reclassifies the corresponding print publication under the
Classification (Publications, Films and Computer Games) Act 1995; and
(c) a final link‑deletion
notice relating to a link to the content is applicable to a particular links
service provider; and
(d) as a result of
the reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final link‑deletion
notice.
(2) If a final link‑deletion
notice is revoked under this clause, the ACMA must give the links service
provider concerned a written notice stating that the final link‑deletion notice
has been revoked.
67 Anti‑avoidance—special link‑deletion
notices
(1) If:
(a) an interim link‑deletion
notice or a final link‑deletion notice relating to particular content is
applicable to a particular links service provider; and
(b) the ACMA is
satisfied that the links service provider is providing, or is proposing to
provide, a link to content (the similar content) that is the same
as, or substantially similar to, the content identified in the interim link‑deletion
notice or the final link‑deletion notice, as the case may be; and
(c) the
ACMA is satisfied that the similar content is prohibited content or potential
prohibited content;
the ACMA may:
(d) if the interim
link‑deletion notice or the final link‑deletion notice, as the case may be, was
given under paragraph 62(1)(d), (1)(f), (2)(c), (4)(b) or (4)(d)—give the
links service provider a written notice (a special link‑deletion notice)
directing the provider to take all reasonable steps to ensure that a type A
remedial situation exists in relation to the similar content at any time when
the interim link‑deletion notice or the final link‑deletion notice, as the case
may be, is in force; or
(e) in any other
case—give the links service provider a written notice (a special link‑deletion
notice) directing the provider to take all reasonable steps to ensure
that a type B remedial situation exists in relation to the similar content at
any time when the interim link‑deletion notice or the final link‑deletion
notice, as the case may be, is in force.
Note 1: For type A remedial
situation, see subclause (2).
Note 2: For type B remedial
situation, see subclause (3).
Type A remedial situation
(2) For the purposes of the
application of this clause to a links service provider, a type A remedial
situation exists in relation to the similar content if:
(a) the provider
ceases to provide a link to the similar content using the links service
concerned; or
(b) the similar
content is not provided by a content service provided to the public (whether on
payment of a fee or otherwise).
Type B remedial situation
(3) For the purposes of the
application of this clause to a links service provider, a type B remedial
situation exists in relation to the similar content if:
(a) the provider
ceases to provide a link to the similar content using the links service
concerned; or
(b) the similar
content is not provided by a content service provided to the public (whether on
payment of a fee or otherwise); or
(c) access to the
similar content is subject to a restricted access system.
68 Compliance with rules relating to
prohibited content etc.
Interim link‑deletion notice
(1) A links service provider
must comply with an interim link‑deletion notice that applies to the provider
as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.
Final link‑deletion notice
(2) A links service provider
must comply with a final link‑deletion notice that applies to the provider as
soon as practicable, and in any event by 6 pm on the next business day, after
the notice was given to the provider.
Special link‑deletion notice
(3) A links service provider
must comply with a special link‑deletion notice that applies to the provider as
soon as practicable, and in any event by 6 pm on the next business day, after
the notice was given to the provider.
(4) In proceedings relating
to a contravention of subclause (3), it is a defence if the links service
provider proves:
(a) that the provider
did not know; and
(b) that the provider
could not, with reasonable diligence, have ascertained;
that the relevant content was prohibited
content or potential prohibited content.
Note: In criminal proceedings, a
defendant bears a legal burden in relation to the matters in subclause (4)—see
section 13.4 of the Criminal Code.
Undertaking
(5) A links service provider
must comply with an undertaking given by the provider and accepted under clause 63.
Designated content/hosting service
provider rule
(6) Subclauses (1),
(2), (3) and (5) are designated content/hosting service provider rules.
Division 6—Law enforcement agencies
69 Referral of matters to law
enforcement agencies
(1) If, in the course of an
investigation under Division 2, the ACMA is satisfied that:
(a) content is
prohibited content or potential prohibited content; and
(b) the content is of
a sufficiently serious nature to warrant referral to a law enforcement agency;
the ACMA must notify the content to:
(c) a member of an
Australian police force; or
(d) if there is an
arrangement between the ACMA and the chief (however described) of an Australian
police force under which the ACMA is authorised to notify the content to
another person or body—that other person or body.
Referral to law enforcement agency
(2) The manner in which
content may be notified under paragraph (1)(c) to a member of an
Australian police force includes (but is not limited to) a manner ascertained
in accordance with an arrangement between the ACMA and the chief (however
described) of the police force concerned.
(3) If
a member of an Australian police force is notified of particular content under
this clause, the member may notify the content to a member of another law
enforcement agency.
(4) This clause does not
limit the ACMA’s powers to refer other matters to a member of an Australian
police force.
Previous referral to law enforcement
agency under Schedule 5
(5) The ACMA is not required
to notify particular content under subclause (1) if the ACMA has already
notified the content under paragraph 40(1)(a) of Schedule 5.
70 Deferral of action in order to
avoid prejudicing a criminal investigation—hosting services
(1) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) content
hosted by a hosting service provider is prohibited content or potential
prohibited content; and
(ii) the
relevant hosting service has an Australian connection; and
(b) apart from this
subclause, the ACMA would be required to take action under subclause 47(1),
(2) or (3) in relation to the content; and
(c) a member of an
Australian police force satisfies the ACMA that the taking of that action
should be deferred until the end of a particular period in order to avoid
prejudicing a criminal investigation;
the ACMA may defer taking that action
until the end of that period.
(2) Subclause (1) has
effect despite anything in clause 47.
71 Deferral of action in order to
avoid prejudicing a criminal investigation—live content services
(1) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) live
content provided by a live content service is potential prohibited content; and
(ii) the
live content service has an Australian connection; and
(b) apart from this
subclause, the ACMA would be required to take action under subclause 56(1),
(2) or (3) in relation to the content; and
(c) a member of an
Australian police force satisfies the ACMA that the taking of that action should
be deferred until the end of a particular period in order to avoid prejudicing
a criminal investigation;
the ACMA may defer taking that action
until the end of that period.
(2) Subclause (1) has
effect despite anything in clause 56.
72 Deferral of action in order to
avoid prejudicing a criminal investigation—links services
(1) If:
(a) in the course of
an investigation under Division 2, the ACMA is satisfied that:
(i) end‑users
in Australia can access content using a link provided by a links service; and
(ii) the
content is potential prohibited content; and
(iii) the
links service has an Australian connection; and
(b) apart from this
subclause, the ACMA would be required to take action under subclause 62(1),
(2) or (3) in relation to the link; and
(c) a member of an
Australian police force satisfies the ACMA that the taking of that action
should be deferred until the end of a particular period in order to avoid
prejudicing a criminal investigation;
the ACMA may defer taking that action
until the end of that period.
(2) Subclause (1) has
effect despite anything in clause 62.
Part 4—Industry codes and industry standards
Division 1—Simplified outline
73 Simplified outline
The following is a
simplified outline of this Part:
• Bodies and
associations that represent sections of the content industry may develop
industry codes.
• Industry
codes may be registered by the ACMA.
• Compliance
with an industry code is voluntary unless the ACMA directs a particular participant in the content industry to
comply with the code.
• The ACMA
has a reserve power to make an industry standard if there are no industry codes
or if an industry code is deficient.
• Compliance
with industry standards is mandatory.
Division 2—Interpretation
74 Industry codes
For the purposes of
this Part, an industry code is a code developed under this Part (whether
or not in response to a request under this Part).
75 Industry standards
For the purposes of
this Part, an industry standard is a standard determined under
this Part.
76 Content activity
For the purposes of
this Part, a content activity is an activity that consists of:
(a) providing a
hosting service that has an Australian connection; or
(b) providing a live
content service that has an Australian connection; or
(c) providing a links
service that has an Australian connection; or
(d) providing a
commercial content service that has an Australian connection.
77 Sections of the content industry
(1) For the purposes of this
Part, sections of the content industry are to be ascertained in
accordance with this clause.
(2) For the purposes of this
Part, each of the following groups is a section of the content industry:
(a) hosting service
providers, where the relevant hosting services have an Australian connection;
(b) live content
service providers, where the relevant live content services have an Australian
connection;
(c) links service
providers, where the relevant links services have an Australian connection;
(d) commercial
content service providers, where the relevant commercial content services have
an Australian connection.
78 Participants in a section of the
content industry
For the purposes of
this Part, if a person is a member of a group that constitutes a section of the
content industry, the person is a participant in that section of
the content industry.
79 Designated body
The Minister may, by
legislative instrument, declare that a specified body or association is the designated
body for the purposes of this Part. The declaration has effect
accordingly.
Division 3—General principles relating to industry codes and industry
standards
80 Statement of regulatory policy
(1) The Parliament intends
that bodies or associations that the ACMA is satisfied represent sections of
the content industry should develop codes (industry codes) that
are to apply to participants in the respective sections of the industry in
relation to their content activities.
(2) The Parliament intends
that the ACMA should make reasonable efforts to ensure that, for each section
of the content industry, either:
(a) an industry code
is registered under this Part within 6 months after the commencement of this
Schedule; or
(b) an industry
standard is registered under this Part within 9 months after the commencement
of this Schedule.
81 Matters that must be dealt with
by industry codes and industry standards—commercial content providers
(1) The Parliament intends
that, for the commercial content service provider section of the content
industry, there should be:
(a) an industry code
or an industry standard that deals with; or
(b) an industry code
and an industry standard that together deal with;
each of the following matters:
(c) the engagement of
trained content assessors by commercial content service providers;
(d) ensuring that
content (other than live content or content that consists of an eligible
electronic publication) that:
(i) has
not been classified by the Classification Board; and
(ii) would,
if it were classified by the Classification Board, be substantially likely to
be classified RC, X 18+, R 18+ or MA 15+ by the Classification Board;
is not provided
by commercial content services (other than news services or current affairs
services) unless a trained content assessor has assessed the content for the
purposes of categorising the content as:
(iii) content
that would, if it were classified by the Classification Board, be substantially
likely to be classified RC by the Classification Board; or
(iv) content
that would, if it were classified by the Classification Board, be substantially
likely to be classified X 18+ by the Classification Board; or
(v) content
that would, if it were classified by the Classification Board, be substantially
likely to be classified R 18+ by the Classification Board; or
(vi) content
that would, if it were classified by the Classification Board, be substantially
likely to be classified MA 15+ by the Classification Board;
(e) ensuring that
live content is not provided by commercial content services (other than news
services or current affairs services) unless:
(i) there
is no reasonable likelihood that the live content will be of a kind that would,
if it were classified by the Classification Board, be substantially likely to
be classified RC, X 18+, R 18+ or MA 15+ by the Classification Board; or
(ii) a
trained content assessor has given advice to the relevant commercial content
service provider about whether the live content is likely to be of a kind that
would, if it were classified by the Classification Board, be substantially
likely to be classified RC, X 18+, R 18+ or MA 15+ by the Classification Board;
(f) ensuring that
content that consists of an eligible electronic publication that:
(i) has
not been classified by the Classification Board; and
(ii) would,
if it were classified by the Classification Board, be substantially likely to
be classified RC or category 2 restricted by the Classification Board;
is not provided
by commercial content services (other than news services or current affairs
services) unless a trained content assessor has assessed the content for the
purposes of categorising the content as:
(iii) content
that would, if it were classified by the Classification Board, be substantially
likely to be classified RC by the Classification Board; or
(iv) content
that would, if it were classified by the Classification Board, be substantially
likely to be classified category 2 restricted by the Classification Board.
Note: The classification of an
eligible electronic publication is the same as the classification of the
corresponding print publication—see clause 24.
(2) For the purposes of paragraphs (1)(d),
(e) and (f), it is to be assumed that this Schedule authorised the
Classification Board to classify the content concerned.
Codes and standards not limited
(3) This clause does not
limit the matters that may be dealt with by industry codes and industry
standards.
82 Examples of matters that may be
dealt with by industry codes and industry standards
(1) This clause sets out
examples of matters that may be dealt with by industry codes and industry
standards.
(2) The applicability of a
particular example will depend on which section of the content industry is
involved.
(3) The examples are as
follows:
(a) procedures to be
followed in order to deal with complaints about matters, where the complainant
could have made a complaint about the same matter under subclause 37(1),
(2) or (3) or 38(1) or (2);
(b) telling persons
about their rights to make complaints;
(c) procedures to be
followed in order to assist persons to make complaints;
(d) the referral to
the ACMA of complaints about matters, where:
(i) the
complainant could have made a complaint about the same matter under subclause 37(1),
(2) or (3) or 38(1) or (2); and
(ii) the
complainant is dissatisfied with the way in which the complaint was dealt with
under the code or standard;
(e) advice about the
reasons for content having a particular classification;
(f) procedures
directed towards the achievement of the objective of ensuring that, in the
event that a commercial content service provider becomes aware that:
(i) prohibited
content; or
(ii) potential
prohibited content;
is or was
delivered to, or made available for access by, an end‑user of a commercial
content service provided by another commercial content service provider, the
other commercial content service provider is told about the prohibited content
or the potential prohibited content, as the case may be;
(g) promoting
awareness of the safety issues associated with commercial content services or
live content services;
(h) procedures to be
followed in order to deal with safety issues associated with commercial content
services that are chat services;
(i) procedures to be
followed in order to assist parents and responsible adults to deal with safety
issues associated with children’s use of commercial content services that are
chat services;
(j) giving parents
and responsible adults information about how to supervise and control
children’s access to content provided by commercial content services or live
content services;
(k) procedures to be
followed in order to assist parents and responsible adults to supervise and
control children’s access to content provided by commercial content services or
live content services;
(l) procedures to be
followed in order to inform producers of content provided by commercial content
services or live content services about the legal responsibilities of
commercial content service providers in relation to that content;
(m) the making and
retention of records of content provided by a commercial content service or a
live content service;
(n) the making and
retention of recordings of live content provided by a live content service;
(o) procedures
directed towards the achievement of the objective of ensuring that, in the
event that new content services or live content services are developed that
could put at risk the safety of children who are end‑users of the services, the
ACMA is informed about those services.
83 Escalation of complaints
(1) This clause applies if
an industry code or industry standard deals with the matter referred to in
paragraph 82(3)(a).
(2) The industry code or
industry standard, as the case may be, must also deal with the matter referred
to in paragraph 82(3)(d).
84 Collection of personal
information
(1) This clause applies to a
provision of an industry code or industry standard if the provision deals with
the making and retention of:
(a) records of
content provided by a content service; or
(b) recordings of
live content provided by a live content service.
(2) The provision must not
authorise the collection of personal information (within the meaning of the Privacy
Act 1988) about an end‑user of a content service.
Division 4—Industry codes
85 Registration of industry codes
(1) This clause applies if:
(a) the ACMA is
satisfied that a body or association represents a particular section of the
content industry; and
(b) that body or
association develops an industry code that applies to participants in that
section of the industry and deals with one or more matters relating to the
content activities of those participants; and
(c) the body or association
gives a copy of the code to the ACMA; and
(d) the ACMA is
satisfied that:
(i) to
the extent to which the code deals with one or more matters of substantial
relevance to the community—the code provides appropriate community safeguards
for that matter or those matters; and
(ii) to
the extent to which the code deals with one or more matters that are not of
substantial relevance to the community—the code deals with that matter or those
matters in an appropriate manner; and
(e) the ACMA is
satisfied that, before giving the copy of the code to the ACMA:
(i) the
body or association published a draft of the code and invited members of the
public to make submissions to the body or association about the draft within a
specified period; and
(ii) the
body or association gave consideration to any submissions that were received
from members of the public within that period; and
(f) the ACMA is
satisfied that, before giving the copy of the code to the ACMA:
(i) the
body or association published a draft of the code and invited participants in
that section of the industry to make submissions to the body or association
about the draft within a specified period; and
(ii) the
body or association gave consideration to any submissions that were received
from participants in that section of the industry within that period; and
(g) the ACMA is
satisfied that the designated body has been consulted about the development of
the code.
Note: Designated body
is defined by clause 79.
(2) The ACMA must register
the code by including it in the Register of industry codes kept under clause 101.
(3) A period specified under
subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.
(4) If:
(a) an industry code
(the new code) is registered under this Part; and
(b) the new code is
expressed to replace another industry code;
the other code ceases to be registered
under this Part when the new code is registered.
86 ACMA may request codes
(1) If
the ACMA is satisfied that a body or association represents a particular section
of the content industry, the ACMA may, by written notice given to the body or
association, request the body or association to:
(a) develop an
industry code that applies to participants in that section of the industry and
deals with one or more specified matters relating to the content activities of
those participants; and
(b) give the ACMA a
copy of the code within the period specified in the notice.
(2) The period specified in
a notice under subclause (1) must run for at least 120 days.
(3) The ACMA must not make a
request under subclause (1) in relation to a particular section of the
content industry unless the ACMA is satisfied that:
(a) the development
of the code is necessary or convenient in order to:
(i) provide
appropriate community safeguards; or
(ii) otherwise
deal with the performance or conduct of participants in that section of the
industry; and
(b) in the absence of
the request, it is unlikely that an industry code would be developed within a
reasonable period.
(4) The ACMA may vary a
notice under subclause (1) by extending the period specified in the
notice.
(5) Subclause (4) does
not limit the application of subsection 33(3) of the Acts
Interpretation Act 1901.
(6) A notice under subclause (1)
may specify indicative targets for achieving progress in the development of the
code (for example, a target of 60 days to develop a preliminary draft of the
code).
87 Publication of notice where no
body or association represents a section of the content industry
(1) If the ACMA is satisfied
that a particular section of the content industry is not represented by a body
or association, the ACMA may publish a notice on the ACMA’s website:
(a) stating that, if
such a body or association were to come into existence within a specified
period, the ACMA would be likely to give a notice to that body or association
under subclause 86(1); and
(b) setting out the
matter or matters relating to the content activities of those providers that
would be likely to be specified in the subclause 86(1) notice.
(2) The period specified in
a notice under subclause (1) must run for at least 60 days.
88 Replacement of industry codes
(1) Changes to an industry
code are to be achieved by replacing the code instead of varying the code.
(2) If the replacement code
differs only in minor respects from the original code, clause 85 has
effect, in relation to the registration of the code, as if paragraphs 85(1)(e)
and (f) of this Schedule had not been enacted.
Note: Paragraphs 85(1)(e) and (f)
deal with submissions about draft codes.
89 Compliance with industry codes
(1) If:
(a) a person is a
participant in a particular section of the content industry; and
(b) the ACMA is
satisfied that the person has contravened, or is contravening, an industry code
that:
(i) is
registered under this Part; and
(ii) applies
to participants in that section of the industry;
the ACMA may, by written notice given to
the person, direct the person to comply with the industry code.
(2) A person must comply
with a direction under subclause (1).
(3) Subclause (2) is a
designated content/hosting service provider rule.
Note: For enforcement, see Part 6
of this Schedule.
90 Formal warnings—breach of
industry codes
(1) This
clause applies to a person who is a participant in a particular section of the
content industry.
(2) The ACMA may issue a
formal warning if the person contravenes an industry code registered under this
Part.
Division 5—Industry standards
91 ACMA may determine an industry
standard if a request for an industry code is not complied with
(1) This clause applies if:
(a) the ACMA has made
a request under subclause 86(1) in relation to the development of a code
that is to:
(i) apply
to participants in a particular section of the content industry; and
(ii) deal
with one or more matters relating to the content activities of those
participants; and
(b) any of the
following conditions is satisfied:
(i) the
request is not complied with;
(ii) if
indicative targets for achieving progress in the development of the code were
specified in the notice of request—any of those indicative targets were not
met;
(iii) the
request is complied with, but the ACMA subsequently refuses to register the
code; and
(c) the ACMA is
satisfied that it is necessary or convenient for the ACMA to determine a
standard in order to:
(i) provide
appropriate community safeguards in relation to that matter or those matters;
or
(ii) otherwise
regulate adequately participants in that section of the industry in relation to
that matter or those matters.
(2) The ACMA may, by
legislative instrument, determine a standard that applies to participants in
that section of the industry and deals with that matter or those matters. A
standard under this subclause is to be known as an industry standard.
(3) Before determining an
industry standard under this clause, the ACMA must consult the body or
association to whom the request mentioned in paragraph (1)(a) was made.
(4) The Minister may, by
legislative instrument, give the ACMA a written direction as to the exercise of
its powers under this clause.
92 ACMA may determine industry
standard where no industry body or association formed
(1) This
clause applies if:
(a) the ACMA is
satisfied that a particular section of the content industry is not represented
by a body or association; and
(b) the ACMA has
published a notice under subclause 87(1); and
(c) that notice:
(i) states
that, if such a body or association were to come into existence within a
particular period, the ACMA would be likely to give a notice to that body or
association under subclause 86(1); and
(ii) sets
out one or more matters relating to the content activities of participants in
that section of the industry; and
(d) no such body or
association comes into existence within that period; and
(e) the ACMA is
satisfied that it is necessary or convenient for the ACMA to determine a
standard in order to:
(i) provide
appropriate community safeguards in relation to that matter or those matters;
or
(ii) otherwise
regulate adequately participants in that section of the industry in relation to
that matter or those matters.
(2) The ACMA may, by
legislative instrument, determine a standard that applies to participants in
that section of the industry and deals with that matter or those matters. A
standard under this subclause is to be known as an industry standard.
(3) The Minister may, by
legislative instrument, give the ACMA a written direction as to the exercise of
its powers under this clause.
93 ACMA may determine industry
standards—total failure of industry codes
(1) This clause applies if:
(a) an industry code
that:
(i) applies
to participants in a particular section of the content industry; and
(ii) deals
with one or more matters relating to the content activities of those
participants;
has been
registered under this Part for at least 180 days; and
(b) the ACMA is
satisfied that the code is totally deficient (as defined by subclause (6));
and
(c) the ACMA has
given the body or association that developed the code a written notice
requesting that deficiencies in the code be addressed within a specified
period; and
(d) that period ends
and the ACMA is satisfied that it is necessary or convenient for the ACMA to
determine a standard that applies to participants in that section of the
industry and deals with that matter or those matters.
(2) The period specified in
a notice under paragraph (1)(c) must run for at least 30 days.
(3) The ACMA may, by
legislative instrument, determine a standard that applies to participants in
that section of the industry and deals with that matter or those matters. A
standard under this subclause is to be known as an industry standard.
(4) If the ACMA is satisfied
that a body or association represents that section of the industry, the ACMA
must consult the body or association before determining an industry standard
under subclause (3).
(5) The industry code ceases
to be registered under this Part on the day on which the industry standard
comes into force.
(6) For
the purposes of this clause, an industry code that applies to participants in a
particular section of the content industry and deals with one or more matters
relating to the content activities of those participants is totally
deficient if, and only if:
(a) the code is not
operating to provide appropriate community safeguards in relation to that
matter or those matters; or
(b) the code is not
otherwise operating to regulate adequately participants in that section of the
industry in relation to that matter or those matters.
(7) The Minister may, by
legislative instrument, give the ACMA a written direction as to the exercise of
its powers under this clause.
94 ACMA may determine industry
standards—partial failure of industry codes
(1) This clause applies if:
(a) an industry code
that:
(i) applies
to participants in a particular section of the content industry; and
(ii) deals
with 2 or more matters relating to the content activities of those
participants;
has been
registered under this Part for at least 180 days; and
(b) clause 93
does not apply to the code; and
(c) the ACMA is
satisfied that the code is deficient (as defined by subclause (6)) to the
extent to which the code deals with one or more of those matters (the deficient
matter or deficient matters); and
(d) the ACMA has
given the body or association that developed the code a written notice
requesting that deficiencies in the code be addressed within a specified
period; and
(e) that period ends
and the ACMA is satisfied that it is necessary or convenient for the ACMA to
determine a standard that applies to participants in that section of the
industry and deals with the deficient matter or deficient matters.
(2) The period specified in
a notice under paragraph (1)(d) must run for at least 30 days.
(3) The ACMA may, by
legislative instrument, determine a standard that applies to participants in
that section of the industry and deals with the deficient matter or deficient
matters. A standard under this subclause is to be known as an industry
standard.
(4) If the ACMA is satisfied
that a body or association represents that section of the industry, the ACMA
must consult the body or association before determining an industry standard
under subclause (3).
(5) On and after the day on
which the industry standard comes into force, the industry code has no effect
to the extent to which it deals with the deficient matter or deficient matters.
However, this subclause does not affect:
(a) the continuing
registration of the remainder of the industry code; or
(b) any
investigation, proceeding or remedy in respect of a contravention of the
industry code or clause 89 that occurred before that day.
(6) For the purposes of this
clause, an industry code that applies to participants in a particular section
of the content industry and deals with 2 or more matters relating to the
content activities of those participants is deficient to the
extent to which it deals with a particular one of those matters if, and only
if:
(a) the code is not
operating to provide appropriate community safeguards in relation to that
matter; or
(b) the code is not
otherwise operating to regulate adequately participants in that section of the
industry in relation to that matter.
(7) The Minister may, by
legislative instrument, give the ACMA a written direction as to the exercise of
its powers under this clause.
95 Compliance with industry
standards
(1) If:
(a) an industry
standard that applies to participants in a particular section of the content
industry is registered under this Part; and
(b) a
person is a participant in that section of the content industry;
the person
must comply with the industry standard.
Note: For enforcement, see Part 6
of this Schedule.
(2) Subclause (1) is a
designated content/hosting service provider rule.
96 Formal warnings—breach of
industry standards
(1) This clause applies to a
person who is a participant in a particular section of the content industry.
(2) The ACMA may issue a
formal warning if the person contravenes an industry standard registered under
this Part.
97 Variation of industry standards
The ACMA may, by
legislative instrument, vary an industry standard that applies to participants
in a particular section of the content industry if it is satisfied that it is
necessary or convenient to do so to:
(a) provide
appropriate community safeguards in relation to one or more matters relating to
the content activities of those participants; and
(b) otherwise
regulate adequately those participants in relation to one or more matters
relating to the content activities of those participants.
98 Revocation of industry standards
(1) The ACMA may, by
legislative instrument, revoke an industry standard.
(2) If:
(a) an industry code
is registered under this Part; and
(b) the code is
expressed to replace an industry standard;
the industry standard is revoked when the
code is registered.
99 Public consultation on industry
standards
(1) Before
determining or varying an industry standard, the ACMA must:
(a) make a copy of
the draft available on its website; and
(b) publish a notice
on its website:
(i) stating
that the ACMA has prepared a draft of the industry standard or variation; and
(ii) inviting
interested persons to give written comments about the draft to the ACMA within
the period specified in the notice.
(2) The
period specified in the notice must run for at least 30 days after the
publication of the notice.
(3) Subclause (1) does
not apply to a variation if the variation is of a minor nature.
(4) If interested persons
have given comments in accordance with a notice under subclause (1), the
ACMA must have due regard to those comments in determining or varying the
industry standard, as the case may be.
100 Consultation with designated
body
(1) Before
determining or varying an industry standard, the ACMA must consult the
designated body.
(2) Before
revoking an industry standard under subclause 98(1), the ACMA must consult
the designated body.
Note: Designated body
is defined by clause 79.
Division 6—Register of industry codes and industry standards
101 ACMA to maintain Register of
industry codes and industry standards
(1) The ACMA is to maintain
a Register in which the ACMA includes:
(a) all industry
codes required to be registered under this Part; and
(b) all industry
standards; and
(c) all requests made
under clause 86; and
(d) all notices under
clause 87; and
(e) all directions
under clause 89.
(2) The Register may be
maintained by electronic means.
(3) The Register is to be
made available for inspection on the internet.
Division 7—Miscellaneous
102 Industry codes may provide for
matters by reference to other instruments
Section 589 of the
Telecommunications Act 1997 applies to an industry code in a
corresponding way to the way in which it applies to an instrument under that
Act.
103 Industry standards may provide
for matters by reference to other instruments
Section 589 of the
Telecommunications Act 1997 applies to an industry standard in a
corresponding way to the way in which it applies to an instrument under that
Act.
Part 5—Designated content/hosting service provider determinations
104 Designated content/hosting
service provider determinations
(1) The ACMA may, by
legislative instrument, determine rules that apply to designated
content/hosting service providers in relation to the provision of designated
content/hosting services.
(2) A determination under subclause (1)
is called a designated content/hosting service provider determination.
(3) A designated
content/hosting service provider determination has effect only to the extent
that:
(a) it is authorised
by paragraph 51(v) of the Constitution (either alone or when read together
with paragraph 51(xxxix) of the Constitution); or
(b) both:
(i) it is
authorised by section 122 of the Constitution; and
(ii) it
would have been authorised by paragraph 51(v) of the Constitution (either
alone or when read together with paragraph 51(xxxix) of the Constitution)
if section 51 of the Constitution extended to the Territories.
(4) The ACMA must not make a
designated content/hosting service provider determination unless the
determination relates to a matter specified in the regulations.
(5) A designated
content/hosting service provider determination may make provision for or in
relation to a particular matter by empowering the ACMA to make decisions of an
administrative character.
105 Exemptions from designated
content/hosting service provider determinations
(1) The Minister may, by
legislative instrument, determine that a specified designated content/hosting
service provider is exempt from designated content/hosting service provider
determinations.
(2) The Minister may, by
legislative instrument, determine that a specified designated content/hosting
service provider is exempt from a specified designated content/hosting service
provider determination.
(3) A determination under
this clause may be unconditional or subject to such conditions (if any) as are
specified in the determination.
(4) A determination under
this clause has effect accordingly.
Part 6—Enforcement
106 Compliance with designated
content/hosting service provider rules—offence
(1) A person commits an
offence if:
(a) the person is a
designated content/hosting service provider; and
(b) the person
engages in conduct; and
(c) the person’s
conduct contravenes a designated content/hosting service provider rule that
applies to the person.
Penalty: 100
penalty units.
(2) A person who contravenes
subclause (1) commits a separate offence in respect of each day (including
a day of a conviction for the offence or any later day) during which the
contravention continues.
107 Compliance with designated
content/hosting service provider rules—civil penalty provision
(1) A person must not
contravene a designated content/hosting service provider rule if:
(a) the person is a
designated content/hosting service provider; and
(b) the rule applies
to the person.
(2) Subclause (1) is a
civil penalty provision.
(3) A person who contravenes
subclause (1) commits a separate contravention of that subclause in
respect of each day (including a day of the making of a relevant civil penalty
order or any subsequent day) during which the contravention continues.
108 Remedial directions—breach of
designated content/hosting service provider rules
(1) This clause applies if
the ACMA is satisfied that a designated content/hosting service provider has
contravened, or is contravening, a designated content/hosting service provider
rule that applies to the provider.
(2) The ACMA may give the
designated content/hosting service provider a written direction requiring the
provider to take specified action directed towards ensuring that the provider
does not contravene the rule, or is unlikely to contravene the rule, in the
future.
(3) The following are
examples of the kinds of direction that may be given to a designated
content/hosting service provider under subclause (2):
(a) a direction that
the provider implement effective administrative systems for monitoring
compliance with a designated content/hosting service provider rule;
(b) a direction that
the provider implement a system designed to give the provider’s employees,
agents and contractors a reasonable knowledge and understanding of the
requirements of a designated content/hosting service provider rule, in so far
as those requirements affect the employees, agents or contractors concerned.
Offence
(4) A
person commits an offence if:
(a) the person is
subject to a direction under subclause (2); and
(b) the person
engages in conduct; and
(c) the
person’s conduct contravenes the direction.
Penalty: 100 penalty units.
(5) A person who contravenes
subclause (4) commits a separate offence in respect of each day (including
a day of a conviction for the offence or any later day) during which the
contravention continues.
Civil penalty
(6) A person must comply
with a direction under subclause (2).
(7) Subclause (6) is a
civil penalty provision.
(8) A person who contravenes
subclause (6) commits a separate contravention of that subclause in
respect of each day (including a day of the making of a relevant civil penalty
order or any subsequent day) during which the contravention continues.
109 Formal warnings—breach of
designated content/hosting service provider rules
The ACMA may issue a
formal warning to a person if the ACMA is satisfied that the person has
contravened, or is contravening, a designated content/hosting service provider
rule that applies to the person.
110 Federal Court may order a person
to cease providing designated content/hosting services
(1) If the ACMA is satisfied
that a person is providing a designated content/hosting service otherwise than
in accordance with a designated content/hosting service provider rule that
applies to the person, the ACMA may apply to the Federal Court for an order
that the person cease providing that designated content/hosting service.
(2) If the Federal Court is
satisfied, on such an application, that the person is providing a designated
content/hosting service otherwise than in accordance with a designated
content/hosting service provider rule that applies to the person, the Federal
Court may order the person to cease providing that designated content/hosting
service.
Part 7—Protection from civil and criminal proceedings
111 Protection from civil
proceedings—service providers
Hosting service provider
(1) Civil proceedings do not
lie against a hosting service provider in respect of anything done by the
provider in compliance with clause 53.
Live content service provider
(2) Civil proceedings do not
lie against a live content service provider in respect of anything done by the
provider in compliance with clause 60.
Links service provider
(3) Civil proceedings do not
lie against a links service provider in respect of anything done by the
provider in compliance with clause 68.
112 Protection from criminal
proceedings—ACMA, Classification Board and Classification Review Board
(1) For the purposes of this
clause, each of the following is a protected person:
(a) the ACMA;
(b) a member or
associate member of the ACMA;
(c) a member of the
staff of the ACMA;
(d) a consultant
engaged to assist in the performance of the ACMA’s broadcasting, content and
datacasting functions (as defined in the Australian Communications and Media
Authority Act 2005);
(e) an officer whose
services are made available to the ACMA under paragraph 55(1)(a) of
the Australian Communications and Media Authority Act 2005;
(f) a member or temporary
member of the Classification Board;
(g) a member of staff
assisting the Classification Board or Classification Review Board as mentioned
in section 88A of the Classification (Publications, Films and Computer
Games) Act 1995;
(h) a consultant engaged
to assist in the performance of the functions of the Classification Board or
the functions of the Classification Review Board;
(i) an officer whose
services are made available to the Classification Board under subsection 54(3)
of the Classification (Publications, Films and Computer Games) Act 1995;
(j) a member of the
Classification Review Board.
(2) Criminal proceedings do
not lie against a protected person for or in relation to:
(a) the collection of
content or material; or
(b) the possession of
content or material; or
(c) the distribution
of content or material; or
(d) the delivery of
content or material; or
(e) the copying of
content or material; or
(f) the doing of any
other thing in relation to content or material;
in connection with the exercise of a
power, or the performance of a function, conferred on the ACMA, the
Classification Board or the Classification Review Board by this Schedule or
Schedule 5 to this Act.
Definition
(3) In this clause:
possession includes have in custody or control.
Part 8—Review of decisions
113 Review by the Administrative
Appeals Tribunal
Decisions under Division 3 of
Part 3
(1) An application may be
made to the Administrative Appeals Tribunal for a review of any of the
following decisions made by the ACMA:
(a) a decision to
give a hosting service provider an interim take‑down notice;
(b) a decision to
give a hosting service provider a final take‑down notice;
(c) a decision to
give a hosting service provider a special take‑down notice;
(d) a decision under
subclause 47(2) or (3) to apply to the Classification Board for
classification of content hosted by a hosting service provider.
(2) An application under subclause (1)
may only be made by the hosting service provider concerned.
Decisions under Division 4 of
Part 3
(3) An application may be
made to the Administrative Appeals Tribunal for a review of any of the
following decisions made by the ACMA:
(a) a decision to
give a live content service provider an interim service‑cessation notice;
(b) a decision to
give a live content service provider a final service‑cessation notice;
(ba) a decision to give
a live content service provider a special service‑cessation notice;
(c) a decision under
subclause 56(2) or (3) to apply to the Classification Board for
classification of content provided by a live content service.
(4) An application under subclause (3)
may only be made by the live content service provider concerned.
Decisions under Division 5 of
Part 3
(5) An application may be
made to the Administrative Appeals Tribunal for a review of any of the
following decisions made by the ACMA:
(a) a decision to
give a links service provider an interim link‑deletion notice;
(b) a decision to
give a links service provider a final link‑deletion notice;
(c) a decision to
give a links service provider a special link‑deletion notice;
(d) a decision under
subclause 62(2) or (3) to apply to the Classification Board for
classification of content that can be accessed using a link provided by a links
service.
(6) An application under subclause (5)
may only be made by the links service provider concerned.
Decisions under clause 85
(7) An application may be
made to the Administrative Appeals Tribunal for a review of a decision of the
ACMA under clause 85 to refuse to register a code.
(8) An application under subclause (7)
may only be made by the body or association that developed the code.
Decisions under clause 89
(9) An application may be
made to the Administrative Appeals Tribunal for a review of a decision of the
ACMA under clause 89 to:
(a) give a direction
to a designated content/hosting service provider; or
(b) vary a direction
that is applicable to a designated content/hosting service provider; or
(c) refuse to revoke
a direction that is applicable to a designated content/hosting service
provider.
(10) An application under subclause (9)
may only be made by the designated content/hosting service provider concerned.
Decisions under subclause 104(5)
or clause 108
(11) An application may be
made to the Administrative Appeals Tribunal for a review of any of the
following decisions made by the ACMA:
(a) a decision of a
kind referred to in subclause 104(5) (which deals with decisions under
designated content/hosting service provider determinations), where the decision
relates to a designated content/hosting service provider;
(b) a decision under
clause 108 to:
(i) give
a direction to a designated content/hosting service provider; or
(ii) vary
a direction that is applicable to a designated content/hosting service
provider; or
(iii) refuse
to revoke a direction that is applicable to a designated content/hosting
service provider.
(12) An application under subclause (11)
may only be made by the designated content/hosting service provider concerned.
Part 9—Miscellaneous
114 Additional ACMA functions
The ACMA has the
following functions:
(a) to monitor
compliance with codes and standards registered under Part 4 of this
Schedule;
(b) to advise and
assist parents and responsible adults in relation to the supervision and
control of children’s access to content services;
(c) to conduct and/or
co‑ordinate community education programs about content services, in
consultation with relevant industry and consumer groups and government
agencies;
(d) to conduct and/or
commission research into issues relating to content services;
(e) to liaise with
regulatory and other relevant bodies overseas about co‑operative arrangements
for the regulation of the commercial content services industry, including (but
not limited to) collaborative arrangements to develop:
(i) multilateral
codes of practice; and
(ii) content
labelling technologies;
(f) to inform itself
and advise the Minister on technological developments and service trends in the
commercial content services industry.
115 Recordings of content etc.
Recordings of live content
(1) The ACMA may:
(a) make a recording
of live content, or of a segment of live content, for the purposes of:
(i) an
investigation under Division 2 of Part 3; or
(ii) an application
to the Classification Board under clause 22; and
(b) make one or more
copies of such a recording for the purposes of:
(i) an
investigation under Division 2 of Part 3; or
(ii) an
application to the Classification Board under clause 22.
Copies of stored content
(2) The ACMA may make one or
more copies of stored content for the purposes of:
(a) an investigation
under Division 2 of Part 3; or
(b) an application to
the Classification Board under clause 22.
Copyright
(3) The ACMA does not infringe
copyright if it does anything authorised by subclause (1) or (2).
116 Samples of content to be
submitted for classification
The ACMA must, from
time to time:
(a) select samples of
content that have been the subject of complaints under clause 37; and
(b) apply to the
Classification Board under clause 22 for classification of that content.
117 Service of summons, process or
notice on corporations incorporated outside Australia
(1) This clause applies to:
(a) a summons or
process in any proceedings under, or connected with, this Schedule; or
(b) a notice under
this Schedule;
where:
(c) the summons,
process or notice, as the case may be, is required to be served on, or given
to, a body corporate incorporated outside Australia; and
(d) the body corporate
does not have a registered office or a principal office in Australia; and
(e) the body
corporate has an agent in Australia.
(2) The summons, process or
notice, as the case may be, is taken to have been served on, or given to, the
body corporate if it is served on, or given to, the agent.
(3) Subclause (2) has
effect in addition to section 28A of the Acts Interpretation Act 1901.
Note: Section 28A of the Acts
Interpretation Act 1901 deals with the service of documents.
117A Meaning of broadcasting service
Disregard the following
provisions of this Schedule in determining the meaning of the expression broadcasting
service:
(a) clause 9A;
(b) subparagraph 20(1)(c)(vi).
119 This Schedule does not limit
Schedule 5
This Schedule does not
limit the operation of Schedule 5.
120 This Schedule does not limit the
Telecommunications Act 1997
This Schedule does not
limit the operation of the Telecommunications Act 1997.
121 Implied freedom of political
communication
(1) This Schedule does not
apply to the extent (if any) that it would infringe any constitutional doctrine
of implied freedom of political communication.
(2) Subclause (1) does
not limit the application of section 15A of the Acts Interpretation Act
1901 to this Act.
122 Concurrent operation of State
and Territory laws
It is the intention of
the Parliament that this Schedule is not to apply to the exclusion of a law of
a State or Territory to the extent to which that law is capable of operating
concurrently with this Schedule.
123 Schedule not to affect
performance of State or Territory functions
A power conferred by
this Schedule must not be exercised in such a way as to prevent the exercise of
the powers, or the performance of the functions, of government of a State, the Northern Territory, the Australian Capital Territory or Norfolk Island.
Endnotes
Endnote 1—About the endnotes
The endnotes
provide information about this compilation and the compiled law.
The following endnotes
are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote
4—Amendment history
Endnotes about
misdescribed amendments and other matters are included in a compilation only as
necessary.
Abbreviation key—Endnote 2
The
abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment
history—Endnotes 3 and 4
Amending laws
are annotated in the legislation history and amendment history.
The legislation
history in endnote 3 provides information about each law that has amended (or
will amend) the compiled law. The information includes commencement details for
amending laws and details of any application, saving or transitional provisions
that are not included in this compilation.
The amendment
history in endnote 4 provides information about amendments at the provision
(generally section or equivalent) level. It also includes information about any
provision of the compiled law that has been repealed in accordance with a
provision of the law.
Misdescribed
amendments
A misdescribed
amendment is an amendment that does not accurately describe the amendment to be
made. If, despite the misdescription, the amendment can be given effect as
intended, the amendment is incorporated into the compiled law and the
abbreviation “(md)” added to the details of the amendment included in the
amendment history.
If a
misdescribed amendment cannot be given effect as intended, the amendment is set
out in the endnotes.
Endnote 2—Abbreviation key
|
A = Act
|
orig = original
|
|
ad = added
or inserted
|
par = paragraph(s)/subparagraph(s)
|
|
am =
amended
|
/sub‑subparagraph(s)
|
|
amdt =
amendment
|
pres =
present
|
|
c =
clause(s)
|
prev =
previous
|
|
C[x] =
Compilation No. x
|
(prev…) =
previously
|
|
Ch =
Chapter(s)
|
Pt =
Part(s)
|
|
def =
definition(s)
|
r = regulation(s)/rule(s)
|
|
Dict =
Dictionary
|
Reg =
Regulation/Regulations
|
|
disallowed
= disallowed by Parliament
|
reloc =
relocated
|
|
Div =
Division(s)
|
renum =
renumbered
|
|
exp =
expires/expired or ceases/ceased to have
|
rep =
repealed
|
|
effect
|
rs =
repealed and substituted
|
|
F = Federal
Register of Legislative Instruments
|
s =
section(s)/subsection(s)
|
|
gaz =
gazette
|
Sch =
Schedule(s)
|
|
LI =
Legislative Instrument
|
Sdiv =
Subdivision(s)
|
|
LIA = Legislative
Instruments Act 2003
|
SLI =
Select Legislative Instrument
|
|
(md) =
misdescribed amendment
|
SR =
Statutory Rules
|
|
mod =
modified/modification
|
Sub‑Ch =
Sub‑Chapter(s)
|
|
No. =
Number(s)
|
SubPt =
Subpart(s)
|
|
o =
order(s)
|
underlining = whole or part not
|
|
Ord =
Ordinance
|
commenced or to be commenced
|
Endnote 3—Legislation history
|
Act
|
Number and year
|
Assent
|
Commencement
|
Application, saving
and transitional provisions
|
|
Broadcasting
Services Act 1992
|
110, 1992
|
14 July 1992
|
ss. 4, 5,
7–92 and 117–218: 5 Oct 1992 (see Gazette 1992, No. GN38)
Remainder: Royal Assent
|
|
|
Radiocommunications
(Transitional Provisions and Consequential Amendments) Act 1992
|
167, 1992
|
11 Dec 1992
|
1 July 1993
|
—
|
|
Broadcasting
Services (Subscription Television Broadcasting) Amendment Act 1992
|
171, 1992
|
11 Dec 1992
|
11 Dec 1992
|
—
|
|
Transport and
Communications Legislation Amendment Act (No. 3) 1992
|
216, 1992
|
24 Dec 1992
|
ss. 10–13,
15–18 and 20: Royal Assent (a)
ss. 14 and 19: 24 June 1993 (a)
|
—
|
|
Tobacco
Advertising Prohibition Act 1992
|
218, 1992
|
24 Dec 1992
|
ss. 36 and
37: 1 July 1993 (b)
|
—
|
|
Broadcasting
Services Amendment Act 1993
|
1, 1993
|
14 May 1993
|
14 May 1993
|
—
|
|
Broadcasting
Services Amendment Act (No. 2) 1993
|
2, 1993
|
14 May 1993
|
14 May 1993
|
—
|
|
Communications
and the Arts Legislation Amendment Act (No. 1) 1995
|
32, 1995
|
12 Apr 1995
|
s. 3 (items 6–51):
Royal Assent (c)
|
—
|
|
Competition Policy Reform Act 1995
|
88, 1995
|
20 July 1995
|
s. 77: 6 Nov 1995
(see Gazette 1995, No. S423) (d)
|
—
|
|
Broadcasting
Services Amendment Act 1995
|
139, 1995
|
8 Dec 1995
|
ss. 1, 2, 8,
9, 12(1), 13 and 14: Royal Assent
Remainder: 5 Jan 1996
|
ss. 3(2) and
14–16
|
|
Telecommunications
(Transitional Provisions and Consequential Amendments) Act 1997
|
59, 1997
|
3 May 1997
|
Schedule 1
(items 7–12): 1 July 1997 (e)
Schedule 1 (items 13, 14): (e)
|
—
|
|
Broadcasting
Services Amendment Act 1997
|
115, 1997
|
7 July 1997
|
7 July 1997
|
Sch. 1 (item 5)
|
|
Communications
Legislation Amendment Act (No. 1) 1997
|
119, 1997
|
7 July 1997
|
4 Aug 1997
|
—
|
|
Broadcasting
Services Legislation Amendment Act 1997
|
143, 1997
|
8 Oct 1997
|
8 Oct 1997
|
Sch. 1 (items 8,
9)
|
|
Audit
(Transitional and Miscellaneous) Amendment Act 1997
|
152, 1997
|
24 Oct 1997
|
Schedule 2
(items 597–604): 1 Jan 1998 (see Gazette 1997, No. GN49) (f)
|
—
|
|
Broadcasting
Services Amendment Act (No. 2) 1997
|
180, 1997
|
27 Nov 1997
|
25 Dec 1997
|
—
|
|
Financial Sector
Reform (Consequential Amendments) Act 1998
|
48, 1998
|
29 June 1998
|
Schedule 1
(item 24):
1 July 1998 (see Gazette 1998, No. S316) (g)
|
—
|
|
Television
Broadcasting Services (Digital Conversion) Act 1998
|
99, 1998
|
27 July 1998
|
27 July 1998
|
Sch. 1 (item 7)
|
|
Broadcasting
Services Amendment (Online Services) Act 1999
|
90, 1999
|
16 July 1999
|
16 July 1999
|
—
|
|
Broadcasting Services Amendment Act (No. 2)
1999
|
122, 1999
|
13 Oct 1999
|
13 Oct 1999
|
—
|
|
Public Employment
(Consequential and Transitional) Amendment Act 1999
|
146, 1999
|
11 Nov 1999
|
Schedule 1
(items 282, 283): 5 Dec 1999 (see Gazette 1999, No. S584) (h)
|
—
|
|
Corporate Law
Economic Reform Program Act 1999
|
156, 1999
|
24 Nov 1999
|
Schedule 10
(item 68):
13 Mar 2000 (see Gazette 2000, No. S114) (i)
|
—
|
|
Broadcasting
Services Amendment Act (No. 1) 1999
|
197, 1999
|
23 Dec 1999
|
Schedule 2:
20 Jan 2000
Schedule 3 (items 14–19): (j)
Remainder: Royal Assent
|
Sch. 3 (items 10,
11, 19)
|
|
Broadcasting
Services Amendment Act (No. 3) 1999
|
198, 1999
|
23 Dec 1999
|
Schedule 1
(items 6–19): 1 July 2000
Schedule 1 (items 20, 22): 1 July 2001
Schedule 1 (item 21): (k)
Remainder: Royal Assent
|
Sch. 1 (items 5,
19, 22)
|
|
Broadcasting
Services Amendment (Digital Television and Datacasting) Act 2000
|
108, 2000
|
3 Aug 2000
|
Schedule 1
(items 75, 137, 137A, 142, 143): Royal Assent
Schedule 1 (items 134A–134D, 136A, 136B, 136D–136J, 139A, 139D,
139E):
3 Feb 2001
Remainder: 1 Jan 2001 (see Gazette 2000, No. GN50)
|
Sch. 1 (items 141–145)
|
|
Criminal Code Amendment
(Theft, Fraud, Bribery and Related Offences) Act 2000
|
137, 2000
|
24 Nov 2000
|
ss. 1–3 and
Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent
Remainder: 24 May 2001
|
Sch. 2 (items 418,
419)
|
|
Broadcasting Services Amendment Act 2000
|
172, 2000
|
21 Dec 2000
|
Schedule 2: (l)
Remainder: Royal Assent
|
Sch. 1 (item 36)
|
|
Communications
and the Arts Legislation Amendment (Application of Criminal Code) Act 2001
|
5, 2001
|
20 Mar 2001
|
Schedule 1
(items 18–26, 28–38): (m)
Schedule 1 (item 27):
1 July 2001 (m)
|
s. 4
|
|
Classification
(Publications, Films and Computer Games) Amendment Act (No. 1) 2001
|
13, 2001
|
22 Mar 2001
|
22 Mar 2002
|
—
|
|
Broadcasting
Legislation Amendment Act 2001
|
23, 2001
|
6 Apr 2001
|
6 Apr 2001
|
—
|
|
Corporations
(Repeals, Consequentials and Transitionals) Act 2001
|
55, 2001
|
28 June 2001
|
ss. 4–14 and
Schedule 3 (items 88–93): 15 July 2001 (see Gazette 2001,
No. S285) (n)
|
ss. 4–14
|
|
Broadcasting
Legislation Amendment Act (No. 2) 2001
|
92, 2001
|
20 July 2001
|
20 July 2001
|
ss. 4 and 5
|
|
Financial Sector
(Collection of Data–Consequential and Transitional Provisions) Act 2001
|
121, 2001
|
24 Sept 2001
|
ss. 1–3:
Royal Assent
Remainder: 1 July 2002 (see s. 2(2) and Gazette 2002,
No. GN24)
|
—
|
|
Broadcasting
Legislation Amendment Act (No. 2) 2002
|
120, 2002
|
2 Dec 2002
|
Schedules 1
and 2:
30 Dec 2002
Remainder: Royal Assent
|
Sch. 1 (item 16)
and Sch. 2 (items 11, 12)
|
|
Broadcasting
Legislation Amendment Act (No. 1) 2002
|
126, 2002
|
10 Dec 2002
|
10 Dec 2002
|
—
|
|
Broadcasting
Legislation Amendment Act (No. 1) 2003
|
4, 2003
|
26 Feb 2003
|
26 Feb 2003
|
—
|
|
Therapeutic Goods Amendment Act (No. 1)
2003
|
39, 2003
|
27 May 2003
|
Schedule 2:
27 Nov 2003
|
Sch. 2 (item 3)
|
|
Communications
Legislation Amendment Act (No. 3) 2003
|
108, 2003
|
24 Oct 2003
|
Schedule 1
(items 1–7):
12 Dec 2003 (see Gazette 2003, No. GN49)
Schedule 1 (items 25–48): 21 Nov 2003
Remainder: Royal Assent
|
Sch. 1 (item 24)
|
|
Classification
(Publications, Films and Computer Games) Amendment Act 2004
|
61, 2004
|
26 May 2004
|
Schedules 1
and 2:
26 May 2005
Remainder: Royal Assent
|
Sch. 2 (items 30–32)
|
|
US Free Trade
Agreement Implementation Act 2004
|
120, 2004
|
16 Aug 2004
|
Schedule 10:
Royal Assent
|
—
|
|
Crimes
Legislation Amendment (Telecommunications Offences and Other Measures) Act
(No. 2) 2004
|
127, 2004
|
31 Aug 2004
|
Schedule 1 (item 2):
1 Mar 2005
|
—
|
|
Financial
Framework Legislation Amendment Act 2005
|
8, 2005
|
22 Feb 2005
|
s. 4 and Schedule 1
(items 109, 496): Royal Assent
|
s. 4 and Sch. 1
(item 496)
|
|
Broadcasting
Services Amendment (Anti‑Siphoning) Act 2005
|
43, 2005
|
1 Apr 2005
|
2 Apr 2005
|
Sch. 1 (item 2)
|
|
Australian
Communications and Media Authority (Consequential and Transitional
Provisions) Act 2005
|
45, 2005
|
1 Apr 2005
|
Schedule 1
(items 6–58) and Schedule 4: 1 July 2005 (o)
Schedule 2: (o)
|
Sch. 4
|
|
Broadcasting Services Amendment
(Subscription Television Drama and Community Broadcasting Licences) Act 2006
|
71, 2006
|
23 June 2006
|
Schedule 1:
1 Jan 2006
Remainder: Royal Assent
|
Sch. 1 (item 62)
|
|
Communications
Legislation Amendment (Enforcement Powers) Act 2006
|
120, 2006
|
4 Nov 2006
|
Schedule 1:
4 Feb 2007
Remainder: Royal Assent
|
Sch. 1 (items 53,
54)
|
|
Broadcasting
Legislation Amendment Act (No. 1) 2006
|
127, 2006
|
4 Nov 2006
|
5 Nov 2006
|
—
|
|
Broadcasting
Legislation Amendment (Digital Television) Act 2006
|
128, 2006
|
4 Nov 2006
|
Schedule 1
(items 1–20, 28, 28A): 5 Nov 2006
Schedule 2 (items 1A, 1–88, 88A, 93, 93A–93E):
1 Jan 2007
Schedule 2A (items 1–27): 4 May 2007
Schedule 3 (items 1–16):
1 Jan 2009
|
Sch. 1 (items 28,
28A) and Sch. 2 (items 93, 93A–93E)
|
|
as amended by
|
|
|
|
|
|
Statute Law Revision Act 2008
|
73, 2008
|
3 July 2008
|
Schedule 2
(item 2): (p)
|
—
|
|
Broadcasting
Services Amendment (Media Ownership) Act 2006
|
129, 2006
|
4 Nov 2006
|
Schedule 1:
1 Feb 2007
Schedule 2: 4 Apr 2007 (see F2007L00837)
Schedule 3: 1 Jan 2009
Remainder: Royal Assent
|
—
|
|
Broadcasting
Services Amendment (Collection of Datacasting Transmitter Licence Fees) Act
2006
|
153, 2006
|
8 Dec 2006
|
1 Jan 2007
|
—
|
|
Statute Law
Revision Act 2007
|
8, 2007
|
15 Mar 2007
|
Schedule 1
(item 2): Royal Assent
|
—
|
|
Classification (Publications, Films and
Computer Games) Amendment Act 2007
|
27, 2007
|
15 Mar 2007
|
Schedule 1
(items 1–3, 16, 17): 1 July 2007 (see F2007L01781)
|
Sch. 1 (items 16,
17)
|
|
Broadcasting
Legislation Amendment Act 2007
|
28, 2007
|
15 Mar 2007
|
15 Mar 2007
|
—
|
|
Broadcasting
Legislation Amendment (Digital Radio) Act 2007
|
68, 2007
|
28 May 2007
|
Schedule 1
(items 1–118, 183–185): 29 May 2007
|
Sch. 1 (items 183–185)
|
|
Communications
Legislation Amendment (Content Services) Act 2007
|
124, 2007
|
20 July 2007
|
Schedule 1
(items 8–77, 100–104): 20 Jan 2008
Schedule 1 (items 106, 107): Royal Assent
Schedule 2 (item 1):
20 July 2008
|
Sch. 1 (items 100–104,
106, 107)
|
|
Communications
Legislation Amendment (Miscellaneous Measures) Act 2008
|
72, 2008
|
3 July 2008
|
Schedule 1:
4 July 2008
Remainder: Royal Assent
|
Sch. 1 (item 5)
|
|
Statute Law
Revision Act 2008
|
73, 2008
|
3 July 2008
|
Schedule 1
(items 15, 16): Royal Assent
|
—
|
|
Broadcasting
Legislation Amendment (Digital Radio) Act 2008
|
114, 2008
|
31 Oct 2008
|
1 Nov 2008
|
—
|
|
Same‑Sex Relationships
(Equal Treatment in Commonwealth Laws–General Law Reform) Act 2008
|
144, 2008
|
9 Dec 2008
|
Schedule 3
(items 3–10):
10 Dec 2008
|
Sch. 3 (item 10)
|
|
Broadcasting
Legislation Amendment (Digital Television Switch‑over) Act 2008
|
158, 2008
|
18 Dec 2008
|
Schedule 1:
19 Dec 2008
Schedule 2: 16 Feb 2009
Remainder: Royal Assent
|
Sch. 2 (items 21,
22)
|
|
Statute Stocktake (Regulatory and Other
Laws) Act 2009
|
111, 2009
|
16 Nov 2009
|
Schedule 1
(items 2–6):
17 Nov 2009
|
—
|
|
Statute Law
Revision Act 2010
|
8, 2010
|
1 Mar 2010
|
Schedule 1
(item 5) (Note) and Schedule 5 (items 15–26): Royal Assent
Schedule 5 (items 137, 138): (q)
|
Sch. 5 (item 138)
|
|
Broadcasting
Legislation Amendment (Digital Television) Act 2010
|
94, 2010
|
29 June 2010
|
Schedule 1
(items 1–134): 30 June 2010
|
Sch. 1 (item 134)
|
|
as amended by
|
|
|
|
|
|
Statute Law Revision Act 2011
|
5, 2011
|
22 Mar 2011
|
Schedule 2
(item 1): (r)
|
—
|
|
Trade Practices
Amendment (Australian Consumer Law) Act (No. 2) 2010
|
103, 2010
|
13 July 2010
|
Schedule 6
(items 1, 40–48): 1 Jan 2011
|
—
|
|
Statute Law
Revision Act 2011
|
5, 2011
|
22 Mar 2011
|
Schedule 1
(item 10): Royal Assent
|
—
|
|
Broadcasting
Legislation Amendment (Digital Dividend and Other Measures) Act 2011
|
36, 2011
|
26 May 2011
|
Schedule 1
(items 1–28), Schedule 2 (items 2–60) and Schedule 3: 27 May
2011
|
Sch. 3
|
|
Acts
Interpretation Amendment Act 2011
|
46, 2011
|
27 June 2011
|
Schedule 2
(items 293–313) and Schedule 3 (items 10, 11): 27 Dec 2011
|
Sch. 3 (items 10,
11)
|
|
Broadcasting
Services Amendment (Review of Future Uses of Broadcasting Services Bands
Spectrum) Act 2011
|
177, 2011
|
5 Dec 2011
|
6 Dec 2011
|
—
|
|
Broadcasting Services Amendment (Regional
Commercial Radio) Act 2012
|
34, 2012
|
15 Apr 2012
|
Schedule 1:
16 Apr 2012
Schedule 2: 15 Oct 2012
Remainder: Royal Assent
|
Sch. 1 (item 16)
and Sch. 2 (item 13)
|
|
Broadcasting
Services Amendment (Improved Access to Television Services) Act 2012
|
83, 2012
|
28 June 2012
|
Schedule 1:
29 June 2012
Remainder: Royal Assent
|
Sch. 1 (items 14–16)
|
|
Broadcasting
Services Amendment (Digital Television) Act 2012
|
88, 2012
|
28 June 2012
|
29 June 2012
|
Sch. 1 (items 8,
14)
|
|
Classification
(Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act
2012
|
103, 2012
|
6 July 2012
|
Schedule 1
(item 5):
1 Jan 2013
|
—
|
|
Statute Law
Revision Act 2012
|
136, 2012
|
22 Sept 2012
|
Schedule 1
(items 21–24): Royal Assent
|
—
|
|
Australian
Charities and Not‑for‑profits Commission (Consequential and Transitional) Act
2012
|
169, 2012
|
3 Dec 2012
|
Schedule 2
(items 153, 154): 3 Dec 2012 (see s. 2(1))
Schedule 4 (item 12): (s)
|
—
|
|
Federal Circuit Court
of Australia (Consequential Amendments) Act 2013
|
13, 2013
|
14 Mar 2013
|
Schedule 1
(items 58, 59): 12 Apr 2013 (see s. 2(1))
|
—
|
|
Broadcasting
Legislation Amendment (Convergence Review and Other Measures) Act 2013
|
29, 2013
|
30 Mar 2013
|
Schedule 1
(items 1–14): 31 Mar 2013
|
Sch. 1 (items 12–14)
|
|
Broadcasting
Legislation Amendment (Digital Dividend) Act 2013
|
51, 2013
|
28 May 2013
|
Schedule 1
(items 1–10): 1 Oct 2013
|
—
|
|
Sex
Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex
Status) Act 2013
|
98, 2013
|
28 June 2013
|
Schedule 1
(items 63A, 63B): 1 Aug 2013 (see F2013L01435)
|
—
|
|
Statute Law Revision Act 2013
|
103, 2013
|
29 June 2013
|
Schedule 1
(items 24–28) and Schedule 3 (items 34–66, 343): Royal Assent
|
Sch. 3 (item 343)
|
|
Statute Law
Revision Act (No. 1) 2014
|
31, 2014
|
27 May 2014
|
Sch 1 (item 9),
Sch 4 (items 11–23, 61) and Sch 8 (item 9): 24 June 2014
|
—
|
|
Classification
(Publications, Films and Computer Games) Amendment (Classification Tools and
Other Measures) Act 2014
|
99, 2014
|
11 Sept 2014
|
Sch 6 (items 29–40):
12 Sept 2014 (s 2(1) item 8)
|
Sch 6 (items 31–40)
|
|
Omnibus Repeal
Day (Autumn 2014) Act 2014
|
109, 2014
|
16 Oct 2014
|
Sch 2 (items 6–16,
24, 83‑85, 106–111, 182, 183, 208–224): 17 Oct 2014
(s 2(1) item 2)
|
Sch 2 (items 24,
214, 216, 218)
|
|
Statute Law
Revision Act (No. 1) 2015
|
5, 2015
|
25 Feb 2015
|
Sch 1 (item 9),
Sch 5 (items 1, 2): 25 Mar 2015 (s 2(1) items 2, 10)
|
—
|
|
Acts and
Instruments (Framework Reform) Act 2015
|
10, 2015
|
5 Mar 2015
|
Sch 3 (items 15‑66): awaiting commencement (s
2(1) item 2)
|
Sch 3 (items 348,
349)
|
|
Broadcasting and
Other Legislation Amendment (Deregulation) Act 2015
|
22, 2015
|
19 Mar 2015
|
Sch 2 (items 2‑133,
164, 165): 19 Mar 2015 (s 2(1) item 3);
Sch 1 (items 2–9), Sch 3 (items 1–4, 5), Sch 4 (items 1, 2),
Sch 5 (items 1‑3, 4),Sch 6 (items 1–12, 15–16A, 17, 18),Sch 7
(items 1, 2), Sch 8 (items 1, 2, 3), Sch 9 (items 1–8) : 20
Mar 2015 (s 2(1) items 2, 4)
|
Sch 2 (items 164,
165)
Sch 3 (item 5); Sch 5 (item 4); Sch 6 (items 17, 18);
Sch 8 (item 3)
|
(a) The
Broadcasting Services Act 1992 was amended by sections 10–20 only
of the Transport and Communications Legislation Amendment Act (No. 3)
1992, subsections 2(1) and (10) of which provide as follows:
(1) Subject to
this section, this Act commences on the day on which it receives the Royal
Assent.
(10) If the
commencement of sections 14 and 19 is not fixed by Proclamation published
in the Gazette within the period of 6 months beginning on the day on
which this Act receives the Royal Assent, those sections commence on the first
day after the end of that period.
(b) The
Broadcasting Services Act 1992 was amended by sections 36 and 37
only of the Tobacco Advertising Prohibition Act 1992, subsection 2(3)
of which provides as follows:
(3) Part 5
commences on 1 July 1993.
(c) The
Broadcasting Services Act 1992 was amended by section 3 (items 6–51)
only of the Communications and the Arts Legislation Amendment Act (No. 1)
1995, subsection 2(1) of which provides as follows:
(1) Subject to
this section, this Act commences on the day on which it receives the Royal
Assent.
(d) The
Broadcasting Services Act 1992 was amended by section 77 only of
the Competition Policy Reform Act 1995, subsection 2(2) of which
provides as follows:
(2) Part 3
commences on a day to be fixed by Proclamation. However, if Part 3 does
not commence by Proclamation within the period of 6 months beginning on the day
on which this Act receives the Royal Assent, then it commences on the first day
after the end of that period.
(e) The
Broadcasting Services Act 1992 was amended by Schedule 1 (items 7–14)
only of the Telecommunications (Transitional Provisions and Consequential
Amendments) Act 1997, subsections 2(2)(d) and (5) of which provide as
follows:
(2) The following
provisions commence on 1 July 1997:
(d) Schedule 1;
(5) If the Broadcasting
Services Amendment Act 1997 does not commence before 1 July 1997, the
amendments of section 171 of the Broadcasting Services Act 1992
made by this Act commence immediately after the commencement of the Broadcasting
Services Amendment Act 1997.
The Broadcasting
Services Amendment Act 1997 came into operation on 7 July 1997.
(f) The
Broadcasting Services Act 1992 was amended by Schedule 2 (items 597–604)
only of the Audit (Transitional and Miscellaneous) Amendment Act 1997,
subsection 2(2) of which provides as follows:
(2) Schedules 1,
2 and 4 commence on the same day as the Financial Management and
Accountability Act 1997.
(g) The
Broadcasting Services Act 1992 was amended by Schedule 1 (item 24)
only of the Financial Sector Reform (Consequential Amendments) Act 1998,
subsection 2(2) of which provides as follows:
(2) Subject to subsections (3)
to (14), Schedules 1, 2 and 3 commence on the commencement of the Australian
Prudential Regulation Authority Act 1998.
(h) The
Broadcasting Services Act 1992 was amended by Schedule 1 (items 282
and 283) only of the Public Employment (Consequential and Transitional)
Amendment Act 1999, subsections 2(1) and (2) of which provide as
follows:
(1) In this Act, commencing
time means the time when the Public Service Act 1999 commences.
(2) Subject to
this section, this Act commences at the commencing time.
(i) The
Broadcasting Services Act 1992 was amended by Schedule 10 (item 68)
only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c)
of which provides as follows:
(2) The following
provisions commence on a day or days to be fixed by Proclamation:
(c) the
items in Schedules 10, 11 and 12.
(j) Subsection 2(3) of the Broadcasting Services Amendment Act
(No. 1) 1999 provides as follows:
(3) Part 2
of Schedule 3 commences immediately after the commencement of the Copyright
Amendment (Digital Agenda) Act 2000.
The Copyright
Amendment (Digital Agenda) Act 2000 came into operation on 4 March
2001.
(k) Subsection 2(3)(a)
of the Communications and the Arts Legislation Amendment (Application of
Criminal Code) Act 2001 provides as follows:
(3) If section 1
of this Act commences before 1 July 2001:
(a) item 21
of Schedule 1 to the Broadcasting Services Amendment Act (No. 3)
1999 does not commence (despite section 2 of that Act);
Section 1
commenced on 24 May 2001.
(l) Subsection 2(2) of the Broadcasting Services Amendment Act
2000 provides as follows:
(2) Schedule 2
commences immediately after the commencement of item 140 of Schedule 1
to the Broadcasting Services Amendment (Digital Television and Datacasting)
Act 2000.
Schedule 1 (item 140)
commenced on 1 January 2001 (see Gazette 2000, No. GN50).
(m) The
Broadcasting Services Act 1992 was amended by Schedule 1 (items 18–38)
only of the Communications and the Arts Legislation Amendment (Application
of Criminal Code) Act 2001, subsections 2(1)(a) and (3)(b) of which
provide as follows:
(1) Subject to
this section, this Act commences at the latest of the following times:
(a) immediately
after the commencement of item 15 of Schedule 1 to the Criminal
Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
(3) If section 1
of this Act commences before 1 July 2001:
(b) item 27
of Schedule 1 to this Act commences on 1 July 2001.
Item 15 commenced
on 24 May 2001.
(n) The Broadcasting Services Act 1992 was amended by Schedule 3
(items 88–93) only of the Corporations (Repeals, Consequentials and
Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4)
to (10), Schedule 3 commences, or is taken to have commenced, at the same
time as the Corporations Act 2001.
(o) Subsection 2(1) (items 2, 3 and 10) of the Australian Communications and Media Authority (Consequential and
Transitional Provisions) Act 2005 provides as
follows:
(1) Each
provision of this Act specified in column 1 of the table commences, or is taken
to have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
|
Commencement
information
|
|
Column 1
|
Column 2
|
Column 3
|
|
Provision(s)
|
Commencement
|
Date/Details
|
|
2.
Schedule 1
|
At
the same time as section 6 of the Australian Communications and Media
Authority Act 2005 commences.
|
1 July
2005
|
|
3.
Schedule 2
|
Immediately
after the commencement of the provision(s) covered by table item 2.
|
1 July
2005
|
|
10.
Schedule 4
|
At
the same time as section 6 of the Australian Communications and Media
Authority Act 2005 commences.
|
1 July
2005
|
(p) Subsection 2(1) (item 45) of the Statute Law Revision
Act 2008 provides as follows:
(1) Each
provision of this Act specified in column 1 of the table commences, or is taken
to have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
45.
Schedule 2, item 2
|
Immediately
after the time specified in the Broadcasting Legislation Amendment
(Digital Television) Act 2006 for the commencement of item 26 of Schedule 2A
to that Act.
|
4 May
2007
|
(q) Subsection 2(1)
(items 31 and 38) of the Statute Law Revision Act 2010 provides as
follows:
(1) Each
provision of this Act specified in column 1 of the table commences, or is taken
to have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
31.
Schedule 5, items 1 to 51
|
The
day this Act receives the Royal Assent.
|
1 March
2010
|
|
38.
Schedule 5, Parts 2 and 3
|
Immediately
after the provision(s) covered by table item 31.
|
1 March
2010
|
(r) Subsection 2(1) (item 3) of the Statute Law Revision
Act 2011 provides as follows:
(1) Each
provision of this Act specified in column 1 of the table commences, or is taken
to have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
3.
Schedule 2, item 1
|
Immediately
after the time specified in the Broadcasting Legislation Amendment
(Digital Television) Act 2010 for the commencement of item 104A of
Schedule 1 to that Act.
|
30 June
2010
|
(s) Subsection 2(1)
(item 14) of the Australian Charities and Not‑for‑profits Commission
(Consequential and Transitional) Act 2012 provides as follows:
(1) Each
provision of this Act specified in column 1 of the table commences, or is taken
to have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
14.
Schedule 4, Part 2, Division 2
|
The
later of:
(a) immediately
after the commencement of the provision(s) covered by table item 3; and
(b)
immediately after the commencement of Schedule 1 to the Tax Laws
Amendment (Special Conditions for Not‑for‑profit Concessions) Act 2012.
However,
the provision(s) do not commence at all unless both of the events mentioned
in paragraphs (a) and (b) occur.
|
Does
not commence
|
Endnote 4—Amendment history
|
Provision affected
|
How affected
|
|
Title.....................................
|
am No 115, 1997;
No 90, 1999; No 108, 2000; No 124, 2007
|
|
Part 1
|
|
|
s 3........................................
|
am No 90,
1999; Nos 108 and 172, 2000; No 129, 2006; No 124, 2007; No 8,
2010
|
|
s 4........................................
|
am No 90,
1999; Nos 108 and 172, 2000; No 45, 2005; No 124, 2007; No 8,
2010
|
|
Heading to s 5......................
|
am No 45,
2005
|
|
s 5........................................
|
am No 90,
1999; No 108, 2000; No 45, 2005; No 124, 2007; No 8, 2010
|
|
s 6........................................
|
am Nos 167 and
216, 1992; No 1, 1993; No 32, 1995; Nos 59 and 119, 1997; No 198,
1999; Nos 108, 2000; No 137, 2000; No 172, 2000; No 120, 2002; No 45,
2005; Nos 120, 2006; 128, 2006; No 129, 2006; Nos 68, 2007; No 124, 2007; Nos
144, 2008; No 158, 2008; No 94, 2010; Nos 36, 2011; No 46, 2011; Nos 34,
2012; No 169, 2012; No 13, 2013; No 31, 2014; No 5, 2015; No 10, 2015;
No 22, 2015
|
|
Note 1 to s 6........................
|
rep No 109, 2014
|
|
Note to s 6...........................
|
ad No 109, 2014
|
|
Note 2 to s 6........................
|
rep No 109, 2014
|
|
Note to s 7...........................
|
ad No 108,
2000
|
|
s 8A.....................................
|
ad No 108,
2000
|
|
s 8AA..................................
|
ad No 68,
2007
|
|
s 8AB...................................
|
ad No 68, 2007
|
|
s 8AC...................................
|
ad No 68,
2007
|
|
|
am No 114,
2008; No 8, 2010
|
|
s 8AD..................................
|
ad No 68,
2007
|
|
s 8AE...................................
|
ad No 94,
2010
|
|
|
rep No 22, 2015
|
|
s 8AF...................................
|
ad No 34,
2012
|
|
s 8B.....................................
|
ad No 120,
2002
|
|
|
am No 45,
2005; No 103, 2013
|
|
s 10A...................................
|
ad No 5,
2001
|
|
Part 2
|
|
|
s 11......................................
|
am No 172,
2000
|
|
s 11A...................................
|
ad No 172,
2000
|
|
s 12......................................
|
am No 172,
2000
|
|
s 13......................................
|
am No 10, 2015
|
|
s 14......................................
|
am No 94,
2010
|
|
s 17......................................
|
am No 216,
1992
|
|
s 18......................................
|
am No 216,
1992; No 108, 2000; No 128, 2006; No 68, 2007
|
|
s 18A...................................
|
ad No 172,
2000
|
|
|
am No 103,
2013
|
|
s 19......................................
|
am No 172,
2000; No 45, 2005; No 10, 2015
|
|
s 20......................................
|
rep No 10,
2015
|
|
s 21......................................
|
am No 172,
2000; No 45, 2005
|
|
s 22......................................
|
am No 45,
2005
|
|
Part 3
|
|
|
s 23......................................
|
am No 45,
2005
|
|
s 24......................................
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
s 25......................................
|
am No 167,
1992; No 45, 2005; No 68, 2007
|
|
|
rep No 22, 2015
|
|
s 26......................................
|
am No 45,
2005; No 128, 2006; No 68, 2007; No 36, 2011; No 29, 2013;
No 22, 2015
|
|
s 26A...................................
|
ad No 128,
2006
|
|
|
am No 128,
2006; No 36, 2011
|
|
|
rep No 22, 2015
|
|
s 26AA................................
|
ad No 36,
2011
|
|
s 26B...................................
|
ad No 128,
2006
|
|
|
am No 128,
2006; No 36, 2011
|
|
|
rep No 22, 2015
|
|
s 26C...................................
|
ad No 68,
2007
|
|
s 26D...................................
|
ad No 68, 2007
|
|
s 27......................................
|
am No 45,
2005; No 36, 2011
|
|
|
rep No 22, 2015
|
|
s 28......................................
|
rs No 99,
1998
|
|
|
am No 108, 2000;
No 45, 2005
|
|
|
rep No 128,
2006
|
|
s 28A...................................
|
ad No 99,
1998
|
|
|
am No 108,
2000
|
|
|
rep No 128,
2006
|
|
s 29......................................
|
am No 119,
1997; No 45, 2005; No 94, 2010; No 36, 2011
|
|
s 30......................................
|
am No 45,
2005
|
|
s 31......................................
|
am No 119,
1997; No 45, 2005; No 10, 2015
|
|
s 32......................................
|
rep No 10,
2015
|
|
s 33......................................
|
am No 45,
2005
|
|
s 34......................................
|
am No 119,
1997; No 99, 1998; No 108, 2000; No 45, 2005; No 51, 2013
|
|
s 35......................................
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
s 35A...................................
|
ad No 128,
2006
|
|
|
am No 158,
2008
|
|
|
rs No 177,
2011
|
|
|
rep No 29,
2013
|
|
Part 4
|
|
|
Division 1
|
|
|
Heading to Div 1
of Part 4....
|
ad No 94,
2010
|
|
s 35B...................................
|
ad No 128,
2006
|
|
|
rep No 29,
2013
|
|
s 35C...................................
|
ad No 68,
2007
|
|
s 35D...................................
|
ad No 68,
2007
|
|
|
am No 8,
2010
|
|
Heading to s 36....................
|
am No 45,
2005
|
|
s 36......................................
|
am No 45,
2005; No 128, 2006
|
|
s 36A...................................
|
ad No 68,
2007
|
|
s 37......................................
|
am No 45,
2005; No 94, 2010
|
|
s 37A...................................
|
ad No 29,
2013
|
|
Heading to s 38....................
|
am No 45,
2005
|
|
s 38......................................
|
am No 45,
2005
|
|
Subhead to s
38A(2) ...........
|
am No 45,
2005
|
|
s 38A...................................
|
ad No 139,
1995
|
|
|
am No 99,
1998; No 108, 2000; No 45, 2005; No 128, 2006; No 94,
2010; No 22, 2015
|
|
s 38B...................................
|
ad No 108,
2000
|
|
|
am No 92,
2001; No 108, 2003; No 45, 2005; Nos 127 and 128, 2006; No 94,
2010; No 10, 2015; No 22, 2015
|
|
s 38C...................................
|
ad No 94,
2010
|
|
|
am No 88,
2012; No 136, 2012; No 22, 2015
|
|
s 39......................................
|
rs No 139,
1995
|
|
|
am No 45,
2005; No 22, 2015
|
|
s 40......................................
|
am No 45,
2005; No 128, 2006; No 5, 2011
|
|
s 41......................................
|
am No 108,
2000; No 45, 2005; No 120, 2006
|
|
Division 2
|
|
|
Heading to Div 2
of Part 4....
|
ad No 94,
2010
|
|
s 41A...................................
|
ad No 128,
2006
|
|
|
rep No 22, 2015
|
|
s 41B...................................
|
ad No 128,
2006
|
|
|
am No 94,
2010; No 36, 2011
|
|
|
rep No 22, 2015
|
|
s 41C...................................
|
ad No 128,
2006
|
|
|
am No 94,
2010
|
|
|
rs No 22, 2015
|
|
s 41CA.................................
|
ad No 94,
2010
|
|
|
am No 88,
2012; No 22, 2015
|
|
s 41D...................................
|
ad No 68,
2007
|
|
Division 3
|
|
|
Division 3
heading...............
|
ad No 94,
2010
|
|
s 42......................................
|
am No 94,
2010
|
|
s 43......................................
|
am No 45,
2005
|
|
s 43A...................................
|
ad No 129,
2006
|
|
s 43AA................................
|
ad No 94,
2010
|
|
|
am No 36,
2011; No 22, 2015
|
|
s 43AB.................................
|
ad No 94,
2010
|
|
|
am No 22, 2015
|
|
s 43AC.................................
|
ad No 94,
2010
|
|
|
am No 36,
2011; No 22, 2015
|
|
s 43AD................................
|
ad No 94,
2010
|
|
s 43B...................................
|
ad No 129,
2006
|
|
|
am No 34,
2012
|
|
Note to s 43B(1) .................
|
ad No 34,
2012
|
|
|
rep No 34,
2012
|
|
s 43C...................................
|
ad No 129,
2006
|
|
|
am No 34,
2012; No 109, 2014
|
|
s 43D...................................
|
ad No 68,
2007
|
|
s 44......................................
|
am No 45,
2005
|
|
Division 4
|
|
|
Heading to Div 4
of Part 4....
|
ad No 94,
2010
|
|
s 45......................................
|
am No 94,
2010
|
|
s 46......................................
|
am No 45,
2005
|
|
Heading to s 47....................
|
am No 45,
2005
|
|
s 47......................................
|
am No 45,
2005
|
|
s 49......................................
|
am No 45,
2005
|
|
Part 5
|
|
|
Heading to Part 5..................
|
rs No 108,
2000
|
|
Division 1
|
|
|
Heading to s 50A.................
|
am No 94,
2010
|
|
s 50A...................................
|
ad No 129,
2006
|
|
|
am No 94,
2010
|
|
s 51A...................................
|
ad No 128,
2006
|
|
s 52......................................
|
am No 45,
2005; No 22, 2015
|
|
s 52A...................................
|
ad No 129,
2006
|
|
Division 2
|
|
|
Subdivision A
|
|
|
Heading to Subdiv
A............
of Div 2 of Part 5
|
ad No 108,
2000
|
|
Subdivision B
|
|
|
Subdiv B of Div 2
of Part 5..
|
ad No 108,
2000
|
|
s 54A...................................
|
ad No 108,
2000
|
|
Subdivision C
|
|
|
Subdiv C of Div 2
of Part 5..
|
ad No 68,
2007
|
|
s 54B...................................
|
ad No 68,
2007
|
|
Division 3
|
|
|
Subdivision A
|
|
|
Heading to Subdiv
A............
of Div 3 of Part 5
|
ad No 108,
2000
|
|
Subdivision B
|
|
|
Subdiv B of Div 3
of Part 5..
|
ad No 108,
2000
|
|
s 56A...................................
|
ad No 108,
2000
|
|
Div 4 of Part 5.....................
|
rep No 129,
2006
|
|
s 57......................................
|
am No 139,
1995
|
|
|
rep No 129,
2006
|
|
s 58......................................
|
am No 45,
2005
|
|
|
rep No 129, 2006
|
|
Division 5
|
|
|
Division 5
headingDiv
|
rs No 129,
2006
|
|
s 59......................................
|
am No 143,
1997; No 45, 2005; No 129, 2006; No 8, 2010
|
|
ss 60, 61..............................
|
rep No 129,
2006
|
|
Division 5A
|
|
|
Division 5A.........................
|
ad No 129,
2006
|
|
Subdivision A
|
|
|
s 61AA................................
|
ad No 129,
2006
|
|
|
am No 129,
2006; No 94, 2010
|
|
s 61AB.................................
|
ad No 129,
2006
|
|
s 61AC.................................
|
ad No 129,
2006
|
|
|
am No 129,
2006; No 22, 2015
|
|
s 61AD................................
|
ad No 129,
2006
|
|
s 61AE.................................
|
ad No 129, 2006
|
|
|
am No 22, 2015
|
|
s 61AEA..............................
|
ad No 129,
2006
|
|
s 61AF.................................
|
ad No 129,
2006
|
|
Subdivision B
|
|
|
s 61AG................................
|
ad No 129,
2006
|
|
s 61AH................................
|
ad No 129, 2006
|
|
s 61AJ..................................
|
ad No 129,
2006
|
|
s 61AK................................
|
ad No 129,
2006
|
|
s 61AL.................................
|
ad No 129,
2006
|
|
s 61AM................................
|
ad No 129,
2006
|
|
Subdivision BA
|
|
|
s 61AMA.............................
|
ad No 129,
2006
|
|
s 61AMB.............................
|
ad No 129,
2006
|
|
s 61AMC.............................
|
ad No 129,
2006
|
|
s 61AMD.............................
|
ad No 129,
2006
|
|
s 61AME.............................
|
ad No 129,
2006
|
|
Subdivision C
|
|
|
s 61AN................................
|
ad No 129,
2006
|
|
s 61ANA..............................
|
ad No 129,
2006
|
|
s 61AP.................................
|
ad No 129,
2006
|
|
s 61AQ................................
|
ad No 129,
2006
|
|
s 61AR.................................
|
ad No 129,
2006
|
|
Subdivision D
|
|
|
s 61AS.................................
|
ad No 129,
2006
|
|
|
am No 8,
2010
|
|
s 61AT.................................
|
ad No 129,
2006
|
|
Subdivision E
|
|
|
s 61AU................................
|
ad No 129,
2006
|
|
|
am No 8,
2010
|
|
s 61AV................................
|
ad No 129,
2006
|
|
s 61AW................................
|
ad No 129,
2006
|
|
s 61AX................................
|
ad No 129,
2006
|
|
s 61AY................................
|
ad No 129,
2006
|
|
s 61AZ.................................
|
ad No 129,
2006
|
|
s 61AZA..............................
|
ad No 129,
2006
|
|
s 61AZB..............................
|
ad No 129,
2006
|
|
s 61AZC..............................
|
ad No 129,
2006
|
|
s 61AZCA............................
|
ad No 129,
2006
|
|
s 61AZD..............................
|
ad No 129,
2006
|
|
s 61AZE..............................
|
ad No 129,
2006
|
|
s 61AZF...............................
|
ad No 129,
2006
|
|
s 61AZG..............................
|
ad No 129,
2006
|
|
s 61AZH..............................
|
ad No 129,
2006
|
|
Division 5B
|
|
|
Division 5B..........................
|
ad No 129,
2006
|
|
s 61BA.................................
|
ad No 129,
2006
|
|
s 61BB.................................
|
ad No 129,
2006
|
|
s 61BC.................................
|
ad No 129,
2006
|
|
|
am No 8,
2010
|
|
s 61BD.................................
|
ad No 129,
2006
|
|
s 61BE.................................
|
ad No 129,
2006
|
|
s 61BF.................................
|
ad No 129,
2006
|
|
s 61BG.................................
|
ad No 129,
2006
|
|
s 61BH.................................
|
ad No 129,
2006
|
|
Division 5C
|
|
|
Division 5C..........................
|
ad No 129,
2006
|
|
Subdivision A
|
|
|
s 61CA.................................
|
ad No 129,
2006
|
|
s 61CAA..............................
|
ad No 34,
2012
|
|
s 61CB.................................
|
ad No 129,
2006
|
|
|
am No 34,
2012
|
|
s 61CC.................................
|
ad No 129,
2006
|
|
Subdivision B
|
|
|
s 61CD.................................
|
ad No 129,
2006
|
|
|
am No 34,
2012
|
|
s 61CE.................................
|
ad No 129,
2006
|
|
Subdivision C
|
|
|
s 61CF.................................
|
ad No 129,
2006
|
|
s 61CG.................................
|
ad No 129,
2006
|
|
s 61CH.................................
|
ad No 129,
2006
|
|
s 61CJ..................................
|
ad No 129,
2006
|
|
|
am No 8,
2010
|
|
s 61CK.................................
|
ad No 129,
2006
|
|
s 61CL.................................
|
ad No 129,
2006
|
|
s 61CM................................
|
ad No 129,
2006
|
|
s 61CN.................................
|
ad No 129,
2006
|
|
s 61CP.................................
|
ad No 129,
2006
|
|
s 61CPA...............................
|
ad No 129,
2006
|
|
s 61CQ.................................
|
ad No 129,
2006
|
|
Subdivision D
|
|
|
s 61CR.................................
|
ad No 129,
2006
|
|
s 61CS.................................
|
ad No 129,
2006
|
|
s 61CT.................................
|
ad No 129,
2006
|
|
Division 6
|
|
|
Heading to s 62....................
|
am No 129,
2006
|
|
|
am No 68,
2007
|
|
s 62......................................
|
am No 32,
1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,
2007; No 109, 2014
|
|
|
rep No 22, 2015
|
|
s 63......................................
|
am No 32,
1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,
2007; No 109, 2014; No 22, 2015
|
|
s 64......................................
|
am No 32,
1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,
2007; No 109, 2014; No 22, 2015
|
|
s 65......................................
|
am No 32,
1995; No 45, 2005
|
|
|
rs No 129,
2006
|
|
|
rep No 109, 2014
|
|
s 65A...................................
|
ad No 120, 2006
|
|
|
am No 109, 2014;
No 22, 2015
|
|
s 65B...................................
|
ad No 120,
2006
|
|
|
am No 109, 2014;
No 22, 2015
|
|
Division 7
|
|
|
s 66......................................
|
am No 32,
1995; No 108, 2000; No 5, 2001; No 45, 2005; No 129, 2006
|
|
s 67......................................
|
am No 45,
2005; No 129, 2006
|
|
s 68......................................
|
am No 45,
2005
|
|
s 69......................................
|
am No 32, 1995;
No 108, 2000
|
|
Division 8
|
|
|
Heading to Div 8
of Part 5....
|
am No 45,
2005
|
|
Heading to s 70....................
|
am No 45,
2005
|
|
s 70......................................
|
am No 45,
2005; No 129, 2006
|
|
s 71......................................
|
am No 45,
2005
|
|
s 72......................................
|
am No 32,
1995; No 108, 2000
|
|
Division 9
|
|
|
s 73......................................
|
rs No 139,
1995; No 99, 1998
|
|
|
am No 108,
2000
|
|
s 73A...................................
|
ad No 108,
2000
|
|
|
rs No 92,
2001
|
|
Division 10
|
|
|
Heading to Div 10
of Part 5..
|
am No 45,
2005
|
|
Heading to s 74....................
|
am No 45,
2005
|
|
s 74......................................
|
am No 108,
2000; No 45, 2005
|
|
Division 11
|
|
|
s 75......................................
|
am No 139,
1995; No 99, 1998; No 108, 2000; No 45, 2005
|
|
Heading to s 77....................
|
am No 103,
2010
|
|
s 77......................................
|
am No 103,
2010
|
|
Part 6
|
|
|
s 79A...................................
|
ad No 119,
1997
|
|
Heading to s 80....................
|
am No 45,
2005
|
|
s 80......................................
|
am No 45,
2005
|
|
s 81......................................
|
am No 120,
2002; No 45, 2005
|
|
s 82......................................
|
am No 45,
2005; No 68, 2007
|
|
s 83 .....................................
|
am No 108,
2000; No 120, 2002; No 45, 2005; No 120, 2006
|
|
s 84......................................
|
am No 45,
2005
|
|
s 84A...................................
|
ad No 68,
2007
|
|
Heading to s 85....................
|
am No 45,
2005
|
|
s 85......................................
|
am No 45,
2005
|
|
s 85A...................................
|
ad No 68,
2007
|
|
s 86......................................
|
am No 120,
2002
|
|
Heading to s 87....................
|
am No 45,
2005
|
|
s 87......................................
|
am No 120,
2002; No 45, 2005
|
|
s 87A...................................
|
ad No 120,
2002
|
|
|
am No 45,
2005; No 10, 2015
|
|
s 87B...................................
|
ad No 68,
2007
|
|
s 88......................................
|
am No 45,
2005
|
|
s 89......................................
|
am No 72,
2008
|
|
Subhead to s
90(2) ..............
|
ad No 72,
2008
|
|
s 90......................................
|
am No 120,
2002; No 45, 2005; No 72, 2008
|
|
Heading to s 91....................
|
rs No 120,
2002
|
|
|
am No 45,
2005
|
|
s 91......................................
|
am No 120,
2002; No 45, 2005; No 72, 2008
|
|
s 91A...................................
|
ad No 71,
2006
|
|
s 92......................................
|
am No 45,
2005
|
|
Part 6A
|
|
|
Part 6A.................................
|
ad No 119,
1997
|
|
ss 92A–92C.........................
|
ad No 119,
1997
|
|
|
am No 45,
2005
|
|
s 92D...................................
|
ad No 119,
1997
|
|
|
am No 108,
2000; No 45, 2005; No 120, 2006
|
|
s 92E...................................
|
ad No 119,
1997
|
|
|
am No 45,
2005
|
|
s 92F....................................
|
ad No 119,
1997
|
|
|
am No 99,
1998; No 45, 2005
|
|
s 92G...................................
|
ad No 119,
1997
|
|
|
am No 45,
2005
|
|
s 92H...................................
|
ad No 119,
1997
|
|
Heading to s 92J...................
|
am No 45,
2005
|
|
s 92J....................................
|
ad No 119,
1997
|
|
|
am No 45,
2005
|
|
s 92K...................................
|
ad No 119,
1997
|
|
s 92L...................................
|
ad No 119,
1997
|
|
|
am No 45,
2005
|
|
Part 7
|
|
|
Part 7 ..................................
|
ad No 171,
1992
|
|
Division 1
|
|
|
s 93......................................
|
ad No 171,
1992
|
|
|
am No 88,
1995
|
|
|
rep No 45,
2005
|
|
s 94......................................
|
ad No 171,
1992
|
|
|
am No 1,
1993
|
|
|
rep No 111,
2009
|
|
s 95......................................
|
ad No 171,
1992
|
|
|
am No 45,
2005; No 94, 2010
|
|
s 96......................................
|
ad No 171,
1992
|
|
|
am No 1,
1993; No 88, 1995; No 45, 2005; No 103, 2010
|
|
s 96A...................................
|
ad No 1,
1993
|
|
|
am No 88,
1995; No 45, 2005
|
|
|
rep No 129,
2006
|
|
Heading to s 97....................
|
am No 8,
2010
|
|
s 97......................................
|
ad No 171,
1992
|
|
|
am No 88,
1995; No 45, 2005; No 103, 2010
|
|
s 98......................................
|
ad No 171,
1992
|
|
|
am No 108,
2000; No 45, 2005; No 120, 2006
|
|
ss 98A, 98B.........................
|
ad No 2,
1993
|
|
|
am No 88,
1995
|
|
|
rep No 45,
2005
|
|
s 98C...................................
|
ad No 2,
1993
|
|
|
rep No 45,
2005
|
|
s 98D...................................
|
ad No 2,
1993
|
|
|
am No 94,
2010
|
|
Division 2
|
|
|
s 99......................................
|
ad No 171,
1992
|
|
|
am No 45,
2005
|
|
s 100....................................
|
ad No 171,
1992
|
|
|
am No 1,
1993; No 45, 2005; No 27, 2007
|
|
s 101....................................
|
ad No 171,
1992
|
|
|
rep No 45,
2005
|
|
s 102....................................
|
ad No 171,
1992
|
|
|
rep No 198,
1999
|
|
s 103....................................
|
ad No 171,
1992
|
|
|
rep No 45,
2005
|
|
Division 2A
|
|
|
Div 2A of Part 7...................
|
ad No 198,
1999
|
|
Subdivision A
|
|
|
s 103A.................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
s 103B.................................
|
ad No 198,
1999
|
|
|
am No 198,
1999; No 55, 2001; No 71, 2006; No 22, 2015
|
|
ss 103C–103G.....................
|
ad No 198,
1999
|
|
Heading to s 103H...............
|
am No 71,
2006
|
|
s 103H.................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
s 103J..................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
s 103JA................................
|
ad No 71,
2006
|
|
s 103K.................................
|
ad No 198,
1999
|
|
Heading to s 103L................
|
am No 45,
2005
|
|
s 103L.................................
|
ad No 198,
1999
|
|
|
am No 45,
2005; No 71, 2006
|
|
s 103M................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Subdivision B
|
|
|
s 103N.................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Note to s 103N(3)
...............
|
am No 71,
2006
|
|
s 103NA..............................
|
ad No 71,
2006
|
|
ss 103P,
103Q.....................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Subdivision C
|
|
|
s 103R.................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Note to s 103R(4)
...............
|
am No 71,
2006
|
|
s 103RA...............................
|
ad No 71,
2006
|
|
s 103S..................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Subdivision D
|
|
|
s 103T.................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Note to s 103T.....................
|
rep No 198,
1999
|
|
s 103TA...............................
|
ad No 71,
2006
|
|
Subdivision E
|
|
|
s 103U.................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Note to s 103U(3)
...............
|
am No 71,
2006
|
|
s 103UA..............................
|
ad No 71,
2006
|
|
ss 103V,
103W....................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Subdivision F
|
|
|
s 103X.................................
|
ad No 198, 1999
|
|
|
am No 71,
2006
|
|
Note to s 103X(4)
...............
|
am No 71,
2006
|
|
s 103XA..............................
|
ad No 71,
2006
|
|
s 103Y.................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Subdivision G
|
|
|
s 103Z.................................
|
ad No 198,
1999
|
|
|
am No 71,
2006
|
|
Note to s 103Z.....................
|
rep No 198,
1999
|
|
s 103ZAA............................
|
ad No 71,
2006
|
|
Subdivision H
|
|
|
s 103ZA...............................
|
ad No 198,
1999
|
|
|
am No 45,
2005; No 22, 2015
|
|
s 103ZB...............................
|
ad No 198,
1999
|
|
|
am No 45,
2005; No 22, 2015
|
|
Heading to s
103ZC.............
|
am No 45,
2005
|
|
s 103ZC...............................
|
ad No 198, 1999
|
|
|
am No 45,
2005
|
|
s 103ZD...............................
|
ad No 198,
1999
|
|
Subdivision I
|
rep No 22, 2015
|
|
s 103ZE...............................
|
ad No 198,
1999
|
|
|
am No 45,
2005; No 71, 2006
|
|
|
rep No 22, 2015
|
|
s 103ZF...............................
|
ad No 198,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
Subdivision J
|
|
|
s 103ZG...............................
|
ad No 198,
1999
|
|
|
am No 45,
2005
|
|
s 103ZH...............................
|
ad No 198,
1999
|
|
s 103ZJ................................
|
ad No 198,
1999
|
|
|
rep No 109, 2014
|
|
ss 103ZK, 103ZL................
|
ad No 198,
1999
|
|
|
rep No 198,
1999
|
|
Subdiv K of Div
2A of Part 7............................................
|
rep No 198,
1999
|
|
ss 103ZM,
103ZN...............
|
ad No 198,
1999
|
|
|
rep No 198,
1999
|
|
Div 3 of Part 7.....................
|
rep No 129,
2006
|
|
s 104....................................
|
ad No 171,
1992
|
|
|
rep No 129,
2006
|
|
s 105....................................
|
ad No 171,
1992
|
|
|
am No 45,
2005
|
|
|
rep No 129,
2006
|
|
ss 106–110..........................
|
ad No 171,
1992
|
|
|
rep No 129,
2006
|
|
Div 4 of Part 7.....................
|
rep No 129,
2006
|
|
s 111....................................
|
ad No 171,
1992
|
|
|
am No 32,
1995
|
|
|
rep No 129,
2006
|
|
Div 5 of Part 7.....................
|
rep No 129,
2006
|
|
s 112....................................
|
ad No 171,
1992
|
|
|
am No 32,
1995; No 45, 2005
|
|
|
rep No 129,
2006
|
|
Division 6
|
|
|
s 113....................................
|
ad No 171,
1992
|
|
|
am No 111,
2009
|
|
s 114....................................
|
ad No 171,
1992
|
|
|
am No 45,
2005
|
|
s 115....................................
|
ad No 171,
1992
|
|
|
am No 139,
1995; No 92, 2001; No 43, 2005; No 10, 2015
|
|
s 115A.................................
|
ad No 128,
2006
|
|
|
rep No 109, 2014
|
|
s 116....................................
|
ad No 171,
1992
|
|
|
am No 139,
1995; No 111, 2009
|
|
s 116A.................................
|
ad No 171,
1992
|
|
Heading to s 116B................
|
am No 103,
2010
|
|
s 116B.................................
|
ad No 171,
1992
|
|
|
am No 103, 2010
|
|
s 116C.................................
|
ad No 171,
1992
|
|
|
rep No 111,
2009
|
|
Part 8
|
|
|
s 117....................................
|
am No 45,
2005; No 10, 2015
|
|
s 118....................................
|
am No 45, 2005
|
|
s 119....................................
|
am No 45,
2005; No 27, 2007
|
|
s 120....................................
|
am No 45,
2005; No 109, 2014; No 10, 2015
|
|
s 121....................................
|
rep No 10,
2015
|
|
Part 8A
|
|
|
Part 8A.................................
|
ad No 197,
1999
|
|
s 121A.................................
|
ad No 197,
1999
|
|
|
am No 45,
2005
|
|
s 121B.................................
|
ad No 197,
1999
|
|
|
am No 55,
2001
|
|
ss 121C,
121D.....................
|
ad No 197,
1999
|
|
Heading to s 121E................
|
am No 45,
2005
|
|
s 121E.................................
|
ad No 197,
1999
|
|
|
am No 45,
2005
|
|
Part 8B
|
|
|
Part 8B.................................
|
ad No 172,
2000
|
|
Division 1
|
|
|
s 121F..................................
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
s 121FAA............................
|
ad No 172,
2000
|
|
Division 2
|
|
|
s 121FA...............................
|
ad No 172, 2000
|
|
|
am No 45,
2005
|
|
s 121FB...............................
|
ad No 172,
2000
|
|
|
am No 45,
2005; No 94, 2010
|
|
s 121FC...............................
|
ad No 172,
2000
|
|
|
am No 45,
2005; No 120, 2006
|
|
ss 121FD,
121FE.................
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
Division 3
|
|
|
s 121FF................................
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
Division 4
|
|
|
s 121FG...............................
|
ad No 172,
2000
|
|
|
am No 120,
2006
|
|
s 121FH...............................
|
ad No 172,
2000
|
|
|
am No 5,
2001; No 45, 2005
|
|
|
rs No 120,
2006
|
|
ss 121FHA,
121FHB............
|
ad No 120,
2006
|
|
s 121FJ................................
|
ad No 172,
2000
|
|
|
am No 5,
2001
|
|
ss 121FJA–121FJD..............
|
ad No 120,
2006
|
|
ss 121FK,
121FL.................
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
Division 4A
|
|
|
s 121FLA.............................
|
ad No 172,
2000
|
|
s 121FLB.............................
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
s 121FLC.............................
|
ad No 172,
2000
|
|
|
am No 45,
2005; No 94, 2010
|
|
ss 121FLD,
121FLE............
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
s 121FLF.............................
|
ad No 172,
2000
|
|
|
am No 5,
2001
|
|
ss 121FLG,
121FLH............
|
ad No 172,
2000
|
|
|
am No 45,
2005; No 94, 2010
|
|
s 121FLJ..............................
|
ad No 172,
2000
|
|
|
am No 45,
2005; No 8, 2010
|
|
Division 5
|
|
|
Heading to Div 5
of Part 8B.
|
am No 45,
2005
|
|
ss 121FM,
121FN................
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
Division 6
|
|
|
s 121FP................................
|
ad No 172,
2000
|
|
|
am No 45,
2005; No 10, 2015
|
|
s 121FQ...............................
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
s 121FR...............................
|
ad No 172,
2000
|
|
|
am No 45,
2005
|
|
s 121FS................................
|
ad No 172,
2000
|
|
|
am No 13,
2013
|
|
Part 9
|
|
|
Part 9
heading......................
|
rs No 29,
2013
|
|
s 121G.................................
|
ad No 29,
2013
|
|
|
am No 22, 2015
|
|
s 122....................................
|
am No 120,
2002; No 120, 2004; No 45, 2005; No 128, 2006; No 94,
2010; No 29, 2013
|
|
s 123....................................
|
am No 216,
1992; No 180, 1997; No 120, 2002; No 61, 2004; No 45,
2005; No 128, 2006; Nos 27, 2007; No 68, 2007; No 83, 2012; No 98,
2013
|
|
Heading to s 123A...............
|
am No 45,
2005
|
|
s 123A.................................
|
ad No 216,
1992
|
|
|
am No 180,
1997; No 45, 2005
|
|
|
rep No 22, 2015
|
|
s 123B.................................
|
ad No 94,
2010
|
|
Heading to s 124..................
|
am No 45, 2005
|
|
s 124....................................
|
am No 45,
2005
|
|
Heading to s 125..................
|
am No 45,
2005
|
|
ss 125–127..........................
|
am No 45,
2005
|
|
s 128....................................
|
rs No 171,
1992
|
|
Heading to s 129..................
|
am No 45,
2005
|
|
s 129....................................
|
am No 45,
2005
|
|
Heading to s 130..................
|
am No 103,
2010
|
|
s 130....................................
|
am No 103,
2010
|
|
Part 9A
|
|
|
Part 9A.................................
|
ad No 128,
2006
|
|
Heading to s 130A...............
|
am No 68,
2007
|
|
s 130A.................................
|
ad No 128,
2006
|
|
|
am No 68,
2007; No 22, 2015
|
|
s 130AA..............................
|
ad No 68,
2007
|
|
s 130AB...............................
|
ad No 68, 2007
|
|
s 130AC...............................
|
ad No 94,
2010
|
|
s 130B.................................
|
ad No 128,
2006
|
|
|
am No 68, 2007;
No 103, 2010
|
|
s 130BA...............................
|
ad No 68, 2007
|
|
|
am No 103,
2010
|
|
s 130BB...............................
|
ad No 94,
2010
|
|
|
am No 103,
2010
|
|
Part 9B
|
|
|
Part 9B.................................
|
ad No 128,
2006
|
|
Division 1
|
|
|
s 130C.................................
|
ad No 128,
2006
|
|
Division 2
|
|
|
s 130D.................................
|
ad No 128,
2006
|
|
s 130E.................................
|
ad No 128, 2006
|
|
s 130F..................................
|
ad No 128,
2006
|
|
|
am No 68,
2007; No 103, 2010
|
|
s 130G.................................
|
ad No 128,
2006
|
|
s 130H.................................
|
ad No 128, 2006
|
|
Division 3
|
|
|
s 130J..................................
|
ad No 128,
2006
|
|
s 130K.................................
|
ad No 128, 2006
|
|
s 130L.................................
|
ad No 128,
2006
|
|
|
am No 68, 2007;
No 124, 2007; No 22, 2015
|
|
Division 4
|
|
|
s 130M................................
|
ad No 128,
2006
|
|
s 130N.................................
|
ad No 128, 2006
|
|
s 130P..................................
|
ad No 128,
2006
|
|
s 130Q.................................
|
ad No 128, 2006
|
|
Division 5
|
|
|
s 130R.................................
|
ad No 128,
2006
|
|
s 130S..................................
|
ad No 128,
2006
|
|
s 130T.................................
|
ad No 128,
2006
|
|
s 130U.................................
|
ad No 128,
2006
|
|
s 130V.................................
|
ad No 128,
2006
|
|
s 130W................................
|
ad No 128,
2006
|
|
s 130X.................................
|
ad No 128,
2006
|
|
s 130Y.................................
|
ad No 128,
2006
|
|
s 130Z.................................
|
ad No 128,
2006
|
|
|
rep No 109, 2014
|
|
Division 6
|
|
|
s 130ZA...............................
|
ad No 128,
2006
|
|
|
am No 8,
2010
|
|
Part 9C
|
|
|
Part 9C.................................
|
ad No 94,
2010
|
|
s 130ZBA............................
|
ad No 94,
2010
|
|
s 130ZB...............................
|
ad No 94,
2010
|
|
|
am No 36,
2011; No 88, 2012; No 22, 2015
|
|
s 130ZBB.............................
|
ad No 36, 2011
|
|
|
am No 88,
2012; No 22, 2015
|
|
s 130ZBC.............................
|
ad No 88,
2012
|
|
|
rep No 22, 2015
|
|
s 130ZC...............................
|
ad No 94,
2010
|
|
|
am No 36,
2011
|
|
s 130ZCAA..........................
|
ad No 94,
2010
|
|
|
am No 36,
2011
|
|
s 130ZCAB..........................
|
ad No 94,
2010
|
|
|
am No 36,
2011
|
|
s 130ZCA............................
|
ad No 94,
2010
|
|
|
am No 36,
2011
|
|
s 130ZD...............................
|
ad No 94,
2010
|
|
s 130ZE...............................
|
ad No 94, 2010
|
|
s 130ZEA............................
|
ad No 36,
2011
|
|
|
rep No 22, 2015
|
|
s 130ZF...............................
|
ad No 94,
2010
|
|
|
am No 36,
2011
|
|
s 130ZFA.............................
|
ad No 94,
2010
|
|
s 130ZG...............................
|
ad No 94,
2010
|
|
|
am No 88,
2012
|
|
s 130ZH...............................
|
ad No 36,
2011
|
|
|
am No 22, 2015
|
|
Part 9D
|
|
|
Part 9D.................................
|
ad No 83,
2012
|
|
Division 1
|
|
|
s 130ZJ................................
|
ad No 83,
2012
|
|
s 130ZK...............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
s 130ZKA............................
|
ad No 22, 2015
|
|
s 130ZKB............................
|
ad No 22, 2015
|
|
s 130ZKC............................
|
ad No 22, 2015
|
|
s 130ZL...............................
|
ad No 83,
2012
|
|
s 130ZM..............................
|
ad No 83,
2012
|
|
s 130ZN...............................
|
ad No 83,
2012
|
|
s 130ZO...............................
|
ad No 83,
2012
|
|
s 130ZP...............................
|
ad No 83,
2012
|
|
s 130ZQ...............................
|
ad No 83,
2012
|
|
Division 2
|
|
|
s 130ZR...............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
s 130ZS...............................
|
ad No 83,
2012
|
|
s 130ZT...............................
|
ad No 83,
2012
|
|
|
rep No 5, 2015
|
|
s 130ZU...............................
|
ad No 83,
2012
|
|
|
rep No 5, 2015
|
|
s 130ZUA............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
s 130ZUAA.........................
|
ad No 83,
2012
|
|
|
am No 5, 2015
|
|
s 130ZUB............................
|
ad No 83,
2012
|
|
Division 3
|
|
|
s 130ZV...............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
s 130ZVA............................
|
ad No 83,
2012
|
|
|
am No 103,
2013; No 22, 2015
|
|
s 130ZW..............................
|
ad No 83,
2012
|
|
|
am No 103,
2013
|
|
s 130ZX...............................
|
ad No 83,
2012
|
|
s 130ZY...............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
s 130ZYA............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
s 130ZZ...............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
s 130ZZAA..........................
|
ad No 83,
2012
|
|
s 130ZZAB..........................
|
ad No 83,
2012
|
|
Division 4
|
|
|
s 130ZZA............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
Division 5
|
|
|
s 130ZZB.............................
|
ad No 83,
2012
|
|
Division 6
|
|
|
s 130ZZC.............................
|
ad No 83,
2012
|
|
s 130ZZD............................
|
ad No 83,
2012
|
|
|
rs No 22, 2015
|
|
Division 7
|
|
|
s 130ZZE.............................
|
ad No 83,
2012
|
|
|
am No 22, 2015
|
|
Part 10
|
|
|
Division 1
|
|
|
s 131....................................
|
am No 32,
1995
|
|
s 132....................................
|
am No 32,
1995; No 120, 2006
|
|
ss 133–135..........................
|
am No 32,
1995
|
|
Division 1A
|
|
|
Division 1A ........................
|
ad No 120,
2006
|
|
s 136A.................................
|
ad No 120,
2006
|
|
s 136B.................................
|
ad No 120,
2006
|
|
s 136C.................................
|
ad No 120,
2006
|
|
s 136D.................................
|
ad No 120,
2006
|
|
s 136E.................................
|
ad No 120,
2006
|
|
s 136F..................................
|
ad No 120,
2006
|
|
Division 2
|
|
|
Division 2
heading
|
am No 45,
2005
|
|
s 137....................................
|
am No 45,
2005
|
|
|
rs No 120,
2006
|
|
s 138....................................
|
am No 32,
1995
|
|
|
rs No 120,
2006
|
|
s 138A.................................
|
ad No 120,
2006
|
|
Division 3
|
|
|
s 139....................................
|
am No 32,
1995; No 119, 1997; No 198, 1999
|
|
|
rs No 5,
2001
|
|
|
am No 5,
2001; No 120, 2006
|
|
s 140A.................................
|
ad No 120,
2006
|
|
s 141....................................
|
am No 45,
2005
|
|
|
rs No 120,
2006
|
|
s 142....................................
|
am No 32,
1995
|
|
|
rs No 120,
2006
|
|
s 142A.................................
|
ad No 120,
2006
|
|
s 143....................................
|
am No 198,
1999; No 55, 2001; No 45, 2005
|
|
Division 4
|
|
|
s 144....................................
|
am No 45,
2005
|
|
Division 5............................
|
rep No 120,
2006
|
|
s 145....................................
|
rep No 120,
2006
|
|
s 146....................................
|
am No 45,
2005
|
|
|
rep No 120,
2006
|
|
Part 10A
|
|
|
Part 10A...............................
|
ad No 197,
1999
|
|
Division 1
|
|
|
s 146A.................................
|
ad No 197,
1999
|
|
|
am No 10, 2015
|
|
s 146B.................................
|
ad No 197,
1999
|
|
|
am No 55,
2001; No 128, 2006
|
|
s 146C.................................
|
ad No 197,
1999
|
|
|
am No 46, 2011; No
10, 2015
|
|
s 146CA...............................
|
ad No 197,
1999
|
|
|
am No 46, 2011;
No 10, 2015
|
|
s 146D.................................
|
ad No 197,
1999
|
|
|
am No 45,
2005
|
|
Division 2
|
|
|
s 146E.................................
|
ad No 197,
1999
|
|
s 146F..................................
|
ad No 197,
1999
|
|
s 146G.................................
|
ad No 197,
1999
|
|
s 146H.................................
|
ad No 197,
1999
|
|
s 146J..................................
|
ad No 197,
1999
|
|
s 146K.................................
|
ad No 197, 1999
|
|
s 146KA..............................
|
ad No 197,
1999
|
|
Division 3
|
|
|
s 146L.................................
|
ad No 197,
1999
|
|
s 146N.................................
|
ad No 197, 1999
|
|
s 146P..................................
|
ad No 197,
1999
|
|
s 146Q.................................
|
ad No 197,
1999
|
|
s 146R.................................
|
ad No 197,
1999
|
|
Division 4............................
|
rep No 109, 2014
|
|
s 146S..................................
|
ad No 197,
1999
|
|
|
rep No 109, 2014
|
|
Part 11
|
|
|
Part 11
heading....................
|
am No 45,
2005
|
|
Division 1
|
|
|
s 147....................................
|
am No 45,
2005; No 120, 2006
|
|
s 148....................................
|
am No 45,
2005
|
|
s 149....................................
|
am No 45,
2005; No 120, 2006
|
|
|
rs No 109, 2014
|
|
Division 2
|
|
|
Division 2
heading...............
|
rs No 23,
2001
|
|
s 150....................................
|
am No 23,
2001; No 45, 2005; No 83, 2012
|
|
s 151....................................
|
am No 23,
2001; No 45, 2005
|
|
|
rs No 109, 2014
|
|
s 152....................................
|
am No 45,
2005; No 109, 2014
|
|
s 153....................................
|
am No 45,
2005
|
|
Part 12.................................
|
rep No 45,
2005
|
|
s 154....................................
|
rep No 45,
2005
|
|
Note to s 154(2) ..................
|
ad No 152,
1997
|
|
|
rep No 45,
2005
|
|
s 155....................................
|
rep No 45,
2005
|
|
s 156....................................
|
am No 32,
1995
|
|
|
rep No 45,
2005
|
|
s 157....................................
|
am No 216,
1992; No 32, 1995
|
|
|
rep No 45,
2005
|
|
s 158....................................
|
am No 167,
1992; Nos 59 and 115, 1997; No 108, 2000
|
|
|
rep No 45,
2005
|
|
s 159....................................
|
rep No 45,
2005
|
|
s 160....................................
|
am No 152,
1997; No 198, 1999
|
|
|
rep No 45,
2005
|
|
s 161....................................
|
rep No 152,
1997
|
|
ss 162–164..........................
|
rep No 45,
2005
|
|
s 165....................................
|
am No 146,
1999
|
|
|
rep No 45,
2005
|
|
ss 166, 167..........................
|
rep No 45,
2005
|
|
Part 13
|
|
|
Heading to Part 13................
|
am No 45,
2005
|
|
Division 1
|
|
|
Heading to s 168..................
|
am No 45,
2005
|
|
s 168....................................
|
am No 45,
2005
|
|
Heading to s 169..................
|
am No 45,
2005
|
|
s 169....................................
|
am No 45,
2005
|
|
Division 2
|
|
|
Heading to s 170..................
|
am No 45,
2005
|
|
s 170....................................
|
am No 45,
2005
|
|
Heading to s 171..................
|
am No 45,
2005
|
|
s 171....................................
|
rs No 115,
1997
|
|
|
am No 59,
1997; No 45, 2005
|
|
Heading to s 172..................
|
am No 45,
2005
|
|
s 172....................................
|
am No 115,
1997; No 45, 2005
|
|
ss 173, 174..........................
|
am No 45,
2005
|
|
ss 176–180..........................
|
am No 45,
2005
|
|
Division 3
|
|
|
s 181....................................
|
rep No 45,
2005
|
|
s 182....................................
|
am No 45,
2005
|
|
Heading to s 183..................
|
am No 45,
2005
|
|
ss 183, 184..........................
|
am No 45,
2005
|
|
Heading to s 185..................
|
am No 45,
2005
|
|
ss 185–190..........................
|
am No 45,
2005
|
|
Heading to s 191..................
|
am No 45,
2005
|
|
ss 191–196..........................
|
am No 45,
2005
|
|
Heading to s 197..................
|
am No 45,
2005
|
|
ss 197–199..........................
|
am No 45,
2005
|
|
Division 4
|
|
|
s 200....................................
|
am No 45,
2005
|
|
s 202....................................
|
am No 216,
1992; No 108, 2000; No 5, 2001; No 120, 2006
|
|
Note to s 202(2A)
...............
|
am No 120, 2006
|
|
s 203....................................
|
am No 45,
2005
|
|
Part 14
|
|
|
Subhead to s
204(1) ............
|
ad No 94,
2010
|
|
s 204....................................
|
am No 216,
1992; No 139, 1995; Nos 119 and 143, 1997; No 99, 1998; Nos 197 and
198, 1999; Nos 108 and 172, 2000; Nos 71, 128 and 129, 2006; No 68,
2007; No 94, 2010; No 83, 2012; No 22, 2015
|
|
s 205....................................
|
am No 45,
2005
|
|
Part 14A
|
|
|
Part 14A...............................
|
ad No 143,
1997
|
|
s 205A.................................
|
ad No 143,
1997
|
|
|
am No 153,
2006
|
|
Heading to s 205B................
|
am No 153,
2006
|
|
s 205B.................................
|
ad No 143,
1997
|
|
|
am No 45,
2005; No 128, 2006; No 109, 2014
|
|
Note to s 205B.....................
|
ad No 120,
2006
|
|
s 205BA...............................
|
ad No 153,
2006
|
|
s 205C.................................
|
ad No 143,
1997
|
|
|
am No 45,
2005; No 153, 2006
|
|
s 205D.................................
|
ad No 143,
1997
|
|
|
am No 45,
2005; Nos 120 and 153, 2006
|
|
Part 14B
|
|
|
Part 14B...............................
|
ad No 120,
2006
|
|
Division 1
|
|
|
s 205E.................................
|
ad No 120,
2006
|
|
Division 2
|
|
|
s 205EA...............................
|
ad No 120,
2006
|
|
ss 205F–205H.....................
|
ad No 120,
2006
|
|
ss 205J–205N......................
|
ad No 120,
2006
|
|
s 205P..................................
|
ad No 120,
2006
|
|
s 205PAA............................
|
ad No 120,
2006
|
|
Part 14C
|
|
|
Part 14C...............................
|
ad No 120,
2006
|
|
s 205PA...............................
|
ad No 120,
2006
|
|
|
am No 129,
2006; No 36, 2011
|
|
s 205Q.................................
|
ad No 120,
2006
|
|
|
am No 129,
2006; No 36, 2011
|
|
ss 205R–205U.....................
|
ad No 120,
2006
|
|
Part 14D
|
|
|
Part 14D...............................
|
ad No 120,
2006
|
|
s 205V.................................
|
ad No 120,
2006
|
|
s 205W................................
|
ad No 120,
2006
|
|
|
am No 8,
2010
|
|
s 205X.................................
|
ad No 120,
2006
|
|
Part 14E
|
|
|
Part 14E...............................
|
ad No 120,
2006
|
|
s 205XAA............................
|
ad No 120,
2006
|
|
s 205XA..............................
|
ad No 120,
2006
|
|
ss 205Y,
205Z.....................
|
ad No 120,
2006
|
|
s 205ZA...............................
|
ad No 120,
2006
|
|
s 205ZB...............................
|
ad No 120,
2006
|
|
s 205ZC...............................
|
ad No 120,
2006
|
|
s 205ZD...............................
|
ad No 120,
2006
|
|
|
am No 136,
2012
|
|
s 205ZE...............................
|
ad No 120,
2006
|
|
s 205ZF...............................
|
ad No 120,
2006
|
|
Part 15
|
|
|
Heading to s 206..................
|
am No 108,
2000
|
|
s 206....................................
|
am No 108,
2000
|
|
s 207....................................
|
am No 45,
2005
|
|
s 208....................................
|
am No 198,
1999
|
|
|
rep No 137,
2000
|
|
s 209....................................
|
am No 32,
1995
|
|
s 210....................................
|
am No 45,
2005
|
|
s 211....................................
|
am No 31, 2014
|
|
|
rep No 22, 2015
|
|
s 211AA..............................
|
ad No 94,
2010
|
|
|
am No 88,
2012
|
|
s 211A.................................
|
ad No 94, 2010
|
|
s 212....................................
|
am No 197,
1999; No 45, 2005; No 128, 2006; Nos 28 and 68, 2007
|
|
s 212A.................................
|
ad No 197,
1999
|
|
|
am No 55,
2001; No 169, 2012
|
|
s 212B.................................
|
ad No 197,
1999; No 46, 2011; No 10, 2015
|
|
s 214....................................
|
am Nos 108 and
172, 2000; No 120, 2006
|
|
s 215....................................
|
rs No 1,
1993
|
|
|
am No 139,
1995
|
|
|
rep No 99,
1998
|
|
|
ad No 120,
2006
|
|
s 215A.................................
|
ad No 68,
2007
|
|
|
rep No 51,
2013
|
|
s 215B.................................
|
ad No 68,
2007
|
|
s 216A.................................
|
ad No 99,
1998
|
|
s 216B.................................
|
ad No 90,
1999
|
|
s 216C.................................
|
ad No 108,
2000
|
|
s 216D.................................
|
ad No 108,
2000
|
|
|
rep No 45,
2005
|
|
|
ad No 124,
2007
|
|
s 216E.................................
|
ad No 108,
2000
|
|
|
rep No 45,
2005
|
|
s 217....................................
|
am No 32,
1995
|
|
s 218....................................
|
am No 45,
2005
|
|
Schedule 1
|
|
|
Part 1
|
|
|
c 1........................................
|
am No 139,
1995; Nos 108, 2000; No 172, 2000; No 45, 2005; No 68, 2007
|
|
Part 2
|
|
|
c 2........................................
|
am No 108,
2000; No 129, 2006; No 68, 2007
|
|
c 4........................................
|
am No 48,
1998; Nos 108, 2000; No 172, 2000; No 121, 2001; No 45, 2005;
No 68, 2007
|
|
Part 3
|
|
|
cc 6, 7..................................
|
am No 139,
1995
|
|
Part 4
|
|
|
c 8........................................
|
am No 139,
1995; No 45, 2005
|
|
Schedule 2
|
|
|
Part 1
|
|
|
c 1........................................
|
am No 167,
1992; No 13, 2001; No 39, 2003; No 45, 2005; No 136, 2012
|
|
c 2........................................
|
am No 218,
1992; No 120, 2002; No 68, 2007
|
|
Part 2
|
|
|
c 3A.....................................
|
ad No 216,
1992
|
|
cc 4, 5..................................
|
am No 45,
2005
|
|
c 6 .......................................
|
am No 39,
2003
|
|
Part 3
|
|
|
Division 1
|
|
|
Division 1
heading...............
|
ad No 94,
2010
|
|
c 7........................................
|
am Nos 167, 216
and 218, 1992; No 143, 1997; No 99, 1998; No 197, 1999;
No 108, 2000; No 13, 2001; No 61, 2004; No 45, 2005; Nos
128 and 129, 2006; No 68, 2007; Nos 73 and 158, 2008; No 94, 2010;
No 36, 2011; No 83, 2012; No 29, 2013; No 22, 2015
|
|
Division 2
|
|
|
Division 2............................
|
ad No 94,
2010
|
|
cc 7A...................................
|
ad No 94,
2010
|
|
c 7B.....................................
|
ad No 94,
2010
|
|
|
am No 22, 2015
|
|
c 7C.....................................
|
ad No 94,
2010
|
|
|
am No 22, 2015
|
|
c 7D.....................................
|
ad No 94,
2010
|
|
|
am No 36,
2011; No 22, 2015
|
|
c 7E.....................................
|
ad No 94,
2010
|
|
|
am No 22, 2015
|
|
c 7F......................................
|
ad No 94,
2010
|
|
|
am No 22, 2015
|
|
c 7G.....................................
|
ad No 94,
2010
|
|
|
am No 22, 2015
|
|
c 7H.....................................
|
ad No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 7J......................................
|
ad No 94,
2010
|
|
c 7K.....................................
|
ad No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 7L.....................................
|
ad No 94,
2010
|
|
|
am No 22, 2015
|
|
Part 4
|
|
|
c 8........................................
|
am Nos 167, 216
and 218, 1992; No 143, 1997; No 197, 1999; No 45, 2005;
No 129, 2006; No 68, 2007; No 73, 2008
|
|
Part 5
|
|
|
c 9........................................
|
am Nos 216 and
218, 1992; No 197, 1999; No 13, 2001; No 120, 2002;
No 61, 2004; No 45, 2005; Nos 71 and 128, 2006; No 68, 2007;
No 36, 2011
|
|
Part 6
|
|
|
c 10......................................
|
am Nos 216 and
218, 1992; No 2, 1993; No 139, 1995; No 197, 1999; No 13,
2001; No 61, 2004; No 45, 2005; Nos 128 and 129, 2006; No 68,
2007; No 94, 2010; No 83, 2012
|
|
Part 7
|
|
|
c 11......................................
|
am Nos 216 and
218, 1992; No 180, 1997; No 197, 1999; No 13, 2001;
No 61, 2004; No 45, 2005; No 128, 2006; No 68, 2007;
No 83, 2012
|
|
Schedule 3...........................
|
rep No 45,
2005
|
|
cc 1–5..................................
|
rep No 45,
2005
|
|
c 6........................................
|
rep No 152,
1997
|
|
cc 7, 8..................................
|
rep No 45,
2005
|
|
c 9........................................
|
am No 152,
1997; No 156, 1999
|
|
|
rep No 45,
2005
|
|
cc 10–12..............................
|
rep No 45,
2005
|
|
cc 13, 14..............................
|
rep No 152,
1997
|
|
c 15......................................
|
rep No 45,
2005
|
|
c 16......................................
|
am No 152,
1997
|
|
|
rep No 45, 2005
|
|
c 17......................................
|
rep No 45,
2005
|
|
c 18......................................
|
am No 119,
1997; Nos 90 and 198, 1999; No 108, 2000
|
|
|
rep No 45,
2005
|
|
Schedule 4
|
|
|
Schedule 4...........................
|
ad No 99,
1998
|
|
Part 1
|
|
|
c 1........................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 4, 2003; No 45, 2005; No 83, 2012
|
|
|
rs No 22, 2015
|
|
c 2........................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 45, 2005; Nos 127 and 128, 2006; No 158, 2008; No 94,
2010; No 22, 2015
|
|
c 3........................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 4........................................
|
ad No 99,
1998
|
|
c 4A.....................................
|
ad No 108,
2000
|
|
d 4B.....................................
|
ad No 108,
2000
|
|
c 4C.....................................
|
ad No 128,
2006
|
|
|
am No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 4D.....................................
|
ad No 128,
2006
|
|
|
rep No 22, 2015
|
|
c 5........................................
|
ad No 99,
1998
|
|
|
am No 45,
2005; No 94, 2010; No 22, 2015
|
|
c 5A.....................................
|
ad No 108,
2000
|
|
|
am No 23,
2001
|
|
|
rep No 128,
2006
|
|
|
ad No 128,
2006
|
|
|
am No 94,
2010; No 22, 2015
|
|
c 5B.....................................
|
ad No 128,
2006
|
|
|
am No 94,
2010
|
|
c 5C.....................................
|
ad No 128,
2006
|
|
|
am No 94,
2010; No 22, 2015
|
|
c 5D.....................................
|
ad No 128,
2006
|
|
|
am No 94,
2010
|
|
c 5E.....................................
|
ad No 128,
2006
|
|
|
rep No 22, 2015
|
|
c 5F......................................
|
ad No 158,
2008
|
|
|
am No 88,
2012
|
|
|
rep No 22, 2015
|
|
c 5H.....................................
|
ad No 158,
2008
|
|
|
rep No 109, 2014
|
|
c 5J......................................
|
ad No 94,
2010
|
|
|
rep No 22, 2015
|
|
Part 2
|
|
|
Part 2...................................
|
rep No 22, 2015
|
|
c 6........................................
|
ad No 99,
1998
|
|
|
am Nos 108 and
172, 2000; No 23, 2001; No 108, 2003; No 45, 2005; Nos 127 and
128, 2006; No 158, 2008; No 94, 2010; No 36, 2011; No 46, 2011
|
|
|
rep No 22, 2015
|
|
c 6A.....................................
|
ad No 158,
2008
|
|
|
am No 88,
2012
|
|
|
rep No 22, 2015
|
|
c 6B.....................................
|
ad No 158,
2008
|
|
|
rep No 22, 2015
|
|
c 6C.....................................
|
ad No 94,
2010
|
|
|
rep No 36,
2011
|
|
c 7........................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 7A.....................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 94, 2010
|
|
|
rep No 22, 2015
|
|
c 7AA..................................
|
ad No 36,
2011
|
|
|
rep No 22, 2015
|
|
c 7B.....................................
|
ad No 128,
2006
|
|
|
rep No 22, 2015
|
|
c 8........................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 45, 2005; No 128, 2006; No 36, 2011
|
|
|
rep No 22, 2015
|
|
c 9........................................
|
ad No 99,
1998
|
|
|
am No 45,
2005; No 128, 2006; No 94, 2010
|
|
|
rep No 22, 2015
|
|
c 9A.....................................
|
ad No 36,
2011
|
|
|
rep No 22, 2015
|
|
c 10......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 11......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 12......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 13......................................
|
ad No 99,
1998
|
|
|
am No 45, 2005
|
|
|
rep No 22, 2015
|
|
c 14......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 15......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 16......................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 17......................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 18......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
Part 3
|
|
|
c 19......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 23, 2001; No 45, 2005; No 128, 2006; No 158,
2008; No 94, 2010; No 36, 2011; No 46, 2011
|
|
|
rep No 22, 2015
|
|
c 20......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 108, 2003; No 45, 2005; No 128, 2006; No 36,
2011
|
|
|
rep No 22, 2015
|
|
c 21......................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 21A...................................
|
ad No 36,
2011
|
|
|
rep No 22, 2015
|
|
c 22......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 22A...................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 22AA................................
|
ad No 36,
2011
|
|
|
rep No 22, 2015
|
|
c 23......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 45, 2005; No 128, 2006; No 36, 2011
|
|
|
rep No 22, 2015
|
|
c 24......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 25......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 26......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 27......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 28......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 29......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 30......................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 31......................................
|
ad No 99, 1998
|
|
|
rep No 22, 2015
|
|
c 32......................................
|
ad No 99, 1998
|
|
|
rep No 22, 2015
|
|
c 33......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 34......................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 35......................................
|
ad No 99,
1998
|
|
|
rs No 108,
2000
|
|
|
am No 128,
2006; No 158, 2008
|
|
|
rep No 22, 2015
|
|
c 35A...................................
|
ad No 94,
2010
|
|
|
am No 36,
2011
|
|
|
rep No 22, 2015
|
|
c 35AA................................
|
ad No 128,
2006
|
|
|
rep No 22, 2015
|
|
c 35A...................................
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
c 36......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 128, 2006; No 22, 2015
|
|
c 36A...................................
|
ad No 99,
1998
|
|
|
rep No 108,
2000
|
|
Part 3A.................................
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
c 36B...................................
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
c 36C...................................
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
Part 4
|
|
|
Part 4...................................
|
rep No 22, 2015
|
|
Part 4
heading......................
|
rs No 128,
2006
|
|
|
rep No 22, 2015
|
|
Division 1
heading...............
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
Division 1............................
|
rep No 128,
2006
|
|
c 37......................................
|
ad No 99,
1998
|
|
|
rs No 108,
2000
|
|
|
rep No 128,
2006
|
|
cc 37A–37D.........................
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
Division 2
|
|
|
Division 2
heading...............
|
rs No 128,
2006
|
|
|
rep No 22, 2015
|
|
Division 2............................
|
ad No 108,
2000
|
|
|
rep No 22, 2015
|
|
c 37DAA..............................
|
ad No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 37DA................................
|
ad No 128,
2006
|
|
|
rep No 22, 2015
|
|
c 37E...................................
|
ad No 108,
2000
|
|
|
am No 23,
2001; No 126, 2002; Nos 4 and 108, 2003; No 128, 2006
|
|
|
rep No 22, 2015
|
|
c 37EA.................................
|
ad No 92,
2001
|
|
|
am No 126,
2002; No 4, 2003; No 45, 2005
|
|
|
rep No 128,
2006
|
|
c 37F....................................
|
ad No 108,
2000
|
|
|
am No 23,
2001; No 126, 2002; No 4, 2003; No 128, 2006
|
|
|
rep No 22, 2015
|
|
Subhead to c
37FA(2) .........
|
am No 45,
2005
|
|
|
rep No 128,
2006
|
|
c 37FA.................................
|
ad No 92,
2001
|
|
|
am No 126,
2002; No 4, 2003; No 45, 2005
|
|
|
rep No 128,
2006
|
|
c 37G...................................
|
ad No 108,
2000
|
|
|
am No 92,
2001; No 45, 2005; Nos 127 and 128, 2006
|
|
|
rep No 22, 2015
|
|
c 37H...................................
|
ad No 108,
2000
|
|
|
am No 92,
2001; No 45, 2005; No 128, 2006
|
|
|
rep No 22, 2015
|
|
c 37J....................................
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
c 37K...................................
|
ad No 108,
2000
|
|
|
rep No 22, 2015
|
|
c 37L...................................
|
ad No 108,
2000
|
|
|
rs No 4,
2003
|
|
|
rep No 22, 2015
|
|
c 37M..................................
|
ad No 108,
2000
|
|
|
rep No 22, 2015
|
|
Heading to Div 3 of Part 4....
|
ad No 108,
2000
|
|
|
rs No 128,
2006
|
|
|
rep No 83,
2012
|
|
Div 3 of Part 4.....................
|
rs No 128,
2006
|
|
|
rep No 83,
2012
|
|
c 38......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000
|
|
|
rs No 128,
2006
|
|
|
am No 128,
2006; No 94, 2010; No 36, 2011
|
|
|
rep No 83,
2012
|
|
Heading to Div 4
of Part 4....
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
Div 4 of Part 4.....................
|
rep No 128,
2006
|
|
c 39......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 45, 2005
|
|
|
rep No 128,
2006
|
|
c 40......................................
|
ad No 99,
1998
|
|
|
rep No 108,
2000
|
|
Division 5
|
|
|
Division 5
heading...............
|
ad No 108,
2000
|
|
|
rep No 22, 2015
|
|
c 41......................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
Part 4A
|
|
|
Part 4A.................................
|
ad No 128,
2006
|
|
Division 1
|
|
|
Division 1............................
|
ad No 128,
2006
|
|
c 41A...................................
|
ad No 99,
1998
|
|
|
rep No 108,
2000
|
|
|
ad No 128,
2006
|
|
|
am No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 41B...................................
|
ad No 128,
2006
|
|
|
am No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 41C...................................
|
ad No 128, 2006
|
|
|
am No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 41D...................................
|
ad No 128, 2006
|
|
|
am No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 41E...................................
|
ad No 128, 2006
|
|
|
am No 94,
2010; No 22, 2015
|
|
c 41F....................................
|
ad No 128, 2006
|
|
|
am No 94,
2010; No 22, 2015
|
|
cc 41FA, 41FB....................
|
ad No 94,
2010
|
|
c 41G...................................
|
ad No 128,
2006
|
|
|
am No 94,
2010; No 36, 2011; No 136, 2012; No 22, 2015
|
|
Division 2
|
|
|
Heading to Div 2
of..............
Part 4A
|
ad No 128,
2006
|
|
c 41H...................................
|
ad No 128,
2006
|
|
|
am No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 41J....................................
|
ad No 128,
2006
|
|
|
am No 94,
2010
|
|
|
rep No 22, 2015
|
|
c 41K...................................
|
ad No 128,
2006
|
|
|
am No 94,
2010; No 22, 2015
|
|
c 41L...................................
|
ad No 128,
2006
|
|
|
am No 94,
2010; No 22, 2015
|
|
cc 41LA, 41LB....................
|
ad No 94,
2010
|
|
c 41M..................................
|
ad No 128,
2006
|
|
|
am No 22, 2015
|
|
c 41N...................................
|
ad No 94,
2010
|
|
Part 5
|
|
|
c 42......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000
|
|
c 43......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 129, 2006; No 94, 2010
|
|
c 43A...................................
|
ad No 108,
2000
|
|
c 44......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000
|
|
c 45......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005; No 128, 2006
|
|
c 45A...................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 128, 2006
|
|
c 46......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005; No 128, 2006
|
|
c 47......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000
|
|
c 48......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 22, 2015
|
|
cc 49, 50..............................
|
ad No 99,
1998
|
|
Part 6
|
|
|
Subhead to c
51(8) ..............
|
rs No 8,
2005
|
|
c 51......................................
|
ad No 99,
1998
|
|
|
am Nos 8 and 45,
2005; No 22, 2015
|
|
c 52......................................
|
ad No 99,
1998
|
|
c 53......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000
|
|
|
rep No 45,
2005
|
|
Part 7
|
|
|
Part 7...................................
|
rep No 22, 2015
|
|
c 54......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
c 55......................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 56
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 57
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
c 58
|
ad No 99,
1998
|
|
|
am No 31, 2014
|
|
|
rep No 22, 2015
|
|
c 59......................................
|
ad No 99,
1998
|
|
|
rep No 45,
2005
|
|
c 59A...................................
|
ad No 108,
2000
|
|
|
rep No 45,
2005
|
|
Heading to c 60....................
|
am No 108,
2000
|
|
|
rep No 128,
2006
|
|
c 60......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 108, 2003; No 45, 2005
|
|
|
rep No 128,
2006
|
|
Heading to c 60A.................
|
am No 4,
2003
|
|
|
rep No 128,
2006
|
|
c 60A...................................
|
ad No 108,
2000
|
|
|
am No 4,
2003
|
|
|
rep No 128,
2006
|
|
c 60B...................................
|
ad No 108,
2000
|
|
|
rep No 83,
2012
|
|
c 60C...................................
|
ad No 108,
2000
|
|
|
rep No 45,
2005
|
|
|
ad No 128,
2006
|
|
|
am No 158,
2008
|
|
|
rep No 83,
2012
|
|
c 60D...................................
|
ad No 94,
2010
|
|
|
am No 83,
2012
|
|
|
rep No 29,
2013
|
|
Heading to Part 9..................
|
am No 45,
2005
|
|
|
rep No 8,
2007
|
|
c 61......................................
|
ad No 99,
1998
|
|
|
am No 122,
1999; No 108, 2000
|
|
|
rep No 45,
2005
|
|
Part 10
|
|
|
c 62......................................
|
ad No 99,
1998
|
|
|
am No 108,
2000; No 45, 2005; No 22, 2015
|
|
c 63......................................
|
ad No 99,
1998
|
|
|
am No 45,
2005
|
|
Part 11
|
|
|
Part 11.................................
|
rep No 22, 2015
|
|
c 64......................................
|
ad No 99,
1998
|
|
|
rep No 22, 2015
|
|
Schedule 5
|
|
|
Schedule 5...........................
|
ad No 90,
1999
|
|
Part 1
|
|
|
Subhead to c 1(3)
................
|
am No 127,
2004
|
|
|
rep No 124,
2007
|
|
c 1........................................
|
ad No 90,
1999
|
|
|
am No 127,
2004
|
|
|
rep No 124,
2007
|
|
c 2........................................
|
ad No 90,
1999
|
|
|
am No 61,
2004; No 45, 2005; No 124, 2007; No 8, 2010
|
|
c 3........................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 129, 2006; No 124, 2007; No 8, 2010; No 31, 2014
|
|
c 4........................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 124,
2007
|
|
c 5........................................
|
ad No 90,
1999
|
|
|
am No 8,
2010
|
|
Heading to c 6......................
|
am No 61,
2004
|
|
|
rep No 124,
2007
|
|
c 6........................................
|
ad No 90,
1999
|
|
|
am No 61,
2004
|
|
|
rep No 124,
2007
|
|
c 7........................................
|
ad No 90,
1999
|
|
Part 2
|
|
|
Subhead to c 8(2)
................
|
am No 8,
2010
|
|
c 8........................................
|
ad No 90,
1999
|
|
|
am No 8,
2010; No 103, 2013
|
|
Note to c 8(2) ......................
|
am No 46,
2011
|
|
c 9........................................
|
ad No 90,
1999
|
|
|
am No 8,
2010; No 103, 2013
|
|
Note to c 9(2) ......................
|
am No 8,
2010
|
|
Part 3...................................
|
rep No 124,
2007
|
|
c 10......................................
|
ad No 90,
1999
|
|
|
am No 61,
2004
|
|
|
rep No 124,
2007
|
|
cc 11–13..............................
|
ad No 90,
1999
|
|
|
rep No 124,
2007
|
|
cc 14, 15..............................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 124,
2007
|
|
c 16......................................
|
ad No 90,
1999
|
|
|
am No 13,
2001; No 61, 2004; No 45, 2005
|
|
|
rep No 124,
2007
|
|
c 17......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 124,
2007
|
|
cc 18, 19..............................
|
ad No 90,
1999
|
|
|
rep No 124,
2007
|
|
c 20......................................
|
ad No 90,
1999
|
|
|
am No 45, 2005
|
|
|
rep No 124,
2007
|
|
c 21......................................
|
ad No 90,
1999
|
|
|
am No 13,
2001
|
|
|
rep No 124,
2007
|
|
Part 4
|
|
|
Heading to Part 4..................
|
am No 45,
2005
|
|
Division 1
|
|
|
Heading to Div 1
of Part 4....
|
am No 45,
2005
|
|
c 22......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 124,
2007
|
|
c 23......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010
|
|
c 24......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
c 25......................................
|
ad No 90,
1999
|
|
Division 2
|
|
|
Heading to Div 2
of Part 4....
|
am No 45,
2005
|
|
Heading to c 26....................
|
am No 45,
2005
|
|
c 26......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 109, 2014
|
|
Heading to c 27....................
|
am No 45,
2005
|
|
|
rs No 124,
2007; No 109, 2014
|
|
c 27......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rs No 124,
2007
|
|
|
am No 8,
2010; No 109, 2014
|
|
cc 28, 29..............................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
Div 3 of Part 4.....................
|
rep No 124,
2007
|
|
c 30......................................
|
ad No 90,
1999
|
|
|
am No 61,
2004; No 45, 2005
|
|
|
rep No 124,
2007
|
|
c 31......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 124,
2007
|
|
Heading to c 32....................
|
am No 61,
2004
|
|
|
rep No 124,
2007
|
|
c 32......................................
|
ad No 90,
1999
|
|
|
am No 61,
2004; No 45, 2005
|
|
|
rep No 124,
2007
|
|
cc 33–36..............................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 124,
2007
|
|
cc 37–39..............................
|
ad No 90,
1999
|
|
|
rep No 124,
2007
|
|
Division 4
|
|
|
c 40......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010; No 103, 2013
|
|
Note to c 40(1) ....................
|
am No 45,
2005
|
|
Note to c 40(5) ....................
|
am No 46,
2011
|
|
c 41......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010
|
|
Heading to c 42....................
|
am No 8,
2010
|
|
c 42......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010
|
|
Heading to c 43....................
|
am No 8,
2010
|
|
c 43......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
Heading to c 44....................
|
am No 8,
2010
|
|
c 44......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010
|
|
Note to c 44(2) ....................
|
am No 45,
2005
|
|
Heading to c 45....................
|
am No 8,
2010
|
|
c 45......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
Note to c 45(2) ....................
|
am No 45,
2005
|
|
Heading to c 46....................
|
am No 8,
2010
|
|
cc 46, 47..............................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
Note to c 47(1) ....................
|
am No 45,
2005
|
|
c 48......................................
|
ad No 90,
1999
|
|
|
am No 8,
2010
|
|
Heading to c 49....................
|
am No 8,
2010
|
|
c 49......................................
|
ad No 90,
1999
|
|
c 50......................................
|
ad No 90,
1999
|
|
|
am No 8,
2010
|
|
Note to c 50.........................
|
am No 46, 2011
|
|
Heading to c 51....................
|
am No 45,
2005
|
|
c 51......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010; No 103, 2013
|
|
Note to c 51(2) ....................
|
am No 45,
2005; No 8, 2010
|
|
Part 5
|
|
|
Division 1
|
|
|
c 52......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010
|
|
Division 2
|
|
|
cc 53, 54..............................
|
ad No 90,
1999
|
|
c 55......................................
|
ad No 90,
1999
|
|
|
am No 124,
2007; No 8, 2010
|
|
Heading to c 56....................
|
am No 8,
2010
|
|
c 56......................................
|
ad No 90,
1999
|
|
|
rs No 124,
2007
|
|
|
am No 8,
2010
|
|
Heading to c 57....................
|
am No 8,
2010
|
|
c 57......................................
|
ad No 90,
1999
|
|
|
am No 8,
2010
|
|
c 58......................................
|
ad No 90,
1999
|
|
|
am No 103,
2013
|
|
Division 3
|
|
|
c 59......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010
|
|
Subheads to c
60(1), (2) .....
|
rs No 124,
2007
|
|
c 60......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010; No 31, 2014
|
|
Notes to c 60(4),
(5) ...........
|
am No 46,
2011
|
|
c 61......................................
|
ad No 90,
1999
|
|
Division 4
|
|
|
c 62......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010
|
|
Heading to c 63....................
|
am No 45,
2005
|
|
c 63......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
Heading to c 64....................
|
am No 8,
2010
|
|
c 64......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
c 65......................................
|
ad No 90,
1999
|
|
cc 66, 67..............................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
Division 5
|
|
|
Heading to c 68....................
|
am No 45,
2005
|
|
c 68......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010; No 103, 2013
|
|
Heading to c 69....................
|
am No 45,
2005
|
|
c 69......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010; No 103, 2013
|
|
Heading to c 70....................
|
am No 45,
2005
|
|
c 70......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010; No 103, 2013
|
|
Heading to c 71....................
|
am No 45,
2005
|
|
c 71......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010; No 103, 2013
|
|
c 72......................................
|
ad No 90, 1999
|
|
|
am No 8,
2010
|
|
c 73......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
c 74......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010; No 103, 2013
|
|
c 75......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 103, 2013
|
|
c 76......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rep No 109, 2014
|
|
c 77......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
Division 6
|
|
|
Heading to c 78....................
|
am No 45,
2005
|
|
c 78......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
Part 6
|
|
|
c 79......................................
|
ad No 90,
1999
|
|
|
am No 124,
2007
|
|
c 80......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010; No 103, 2013
|
|
c 81......................................
|
ad No 90,
1999
|
|
|
am No 124,
2007; No 8, 2010; No 103, 2013
|
|
c 82......................................
|
ad No 90,
1999
|
|
|
am No 5,
2001
|
|
c 83......................................
|
ad No 90,
1999
|
|
|
am No 5,
2001; No 45, 2005; No 124, 2007; No 8, 2010
|
|
c 84......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
Heading to c 85....................
|
am No 8,
2010
|
|
c 85......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
|
rs No 124,
2007
|
|
|
am No 8,
2010
|
|
Part 7
|
|
|
c 86......................................
|
ad No 90,
1999
|
|
c 87......................................
|
ad No 90,
1999
|
|
|
am No 5,
2001
|
|
Part 8
|
|
|
Heading to c 88....................
|
am No 124,
2007; No 8, 2010
|
|
Subhead to c
88(1) ..............
|
rep No 124,
2007
|
|
c 88......................................
|
ad No 90,
1999
|
|
|
am No 124,
2007; No 8, 2010
|
|
Heading to c 89....................
|
am No 45,
2005
|
|
|
rep No 124,
2007
|
|
c 89......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 27, 2007
|
|
|
rep No 124,
2007
|
|
Part 9
|
|
|
c 90......................................
|
ad No 90,
1999
|
|
Heading to c 91....................
|
am No 8,
2010
|
|
c 91......................................
|
ad No 90,
1999
|
|
|
am No 8,
2010; No 103, 2013
|
|
Note to c 91(2) ....................
|
am No 46,
2011
|
|
Notes to c 91(4),
(5) ...........
|
am No 46,
2011
|
|
Part 10
|
|
|
c 92......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 124, 2007; No 8, 2010
|
|
c 93......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005
|
|
Part 11
|
|
|
Heading to c 94....................
|
am No 45,
2005
|
|
c 94......................................
|
ad No 90,
1999
|
|
|
am No 45,
2005; No 8, 2010
|
|
c 95......................................
|
ad No 90,
1999
|
|
|
am No 8,
2010
|
|
|
rep No 109, 2014
|
|
c 96......................................
|
ad No 90,
1999
|
|
Schedule 6
|
|
|
Schedule 6...........................
|
ad No 108,
2000
|
|
Part 1
|
|
|
c 1........................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 68, 2007; No 8, 2010; No 51, 2013; No 31, 2014; No
109, 2014
|
|
c 2........................................
|
ad No 108,
2000
|
|
|
am Nos 55 and 92,
2001; Nos 8 and 94, 2010; No 51, 2013; No 31, 2014; No 22, 2015
|
|
c 2A.....................................
|
ad No 51,
2013
|
|
Subhead to c 3(3)
................
|
am No 45,
2005
|
|
c 3........................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 10, 2015
|
|
Note to c 3(7) ......................
|
am No 46,
2011
|
|
Subhead to c 4(3)
................
|
am No 45,
2005
|
|
c 4........................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 10, 2015
|
|
Note to c 4(7) ......................
|
am No 46,
2011
|
|
Heading to c 5......................
|
rs No 92,
2001
|
|
c 5........................................
|
ad No 108,
2000
|
|
|
am No 92,
2001
|
|
c 6........................................
|
ad No 108,
2000
|
|
Part 2
|
|
|
c 7........................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 68, 2007
|
|
c 8........................................
|
ad No 108, 2000
|
|
|
am No 45,
2005
|
|
c 9........................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 120, 2006
|
|
c 10......................................
|
ad No 108,
2000
|
|
|
am No 5,
2001; No 45, 2005
|
|
c 11......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
Heading to c 12....................
|
am No 45,
2005; No 68, 2007
|
|
c 12......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 68, 2007; No 8, 2010
|
|
c 12A...................................
|
ad No 68,
2007
|
|
|
am No 8,
2010
|
|
Part 3
|
|
|
Division 1
|
|
|
Subhead to c
13(4) ..............
|
am No 45,
2005
|
|
c 13......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 10, 2015
|
|
Note to c 13(8) ....................
|
am No 46,
2011
|
|
c 14......................................
|
ad No 108,
2000
|
|
Subhead to c
15(4) ..............
|
am No 45,
2005
|
|
c 15......................................
|
ad No 108,
2000
|
|
|
am No 92,
2001; No 45, 2005; No 10, 2015
|
|
Note to c 15(8) ....................
|
am No 46,
2011
|
|
c 16......................................
|
ad No 108,
2000
|
|
|
am No 92,
2001
|
|
cc 17, 18..............................
|
ad No 108,
2000
|
|
c 18A...................................
|
ad No 108,
2000
|
|
c 19......................................
|
ad No 108,
2000
|
|
Heading to c 20....................
|
am No 8,
2010
|
|
|
rs No 31, 2014
|
|
c 20......................................
|
ad No 108,
2000
|
|
|
am No 8,
2010; No 31, 2014
|
|
Heading to c 20AA...............
|
am No 8,
2010
|
|
c 20AA................................
|
ad No 108,
2000
|
|
|
am No 8,
2010
|
|
Div 1A of Part 3...................
|
rep No 128,
2006
|
|
cc 20A, 20B.........................
|
ad No 108, 2000
|
|
|
rep No 128,
2006
|
|
Division 2
|
|
|
Subhead to c
21(4) ..............
|
am No 45,
2005
|
|
Subheads to c
21(9), (10) ...
|
am No 8,
2010
|
|
c 21......................................
|
ad No 108,
2000
|
|
|
am No 92,
2001; No 45, 2005; No 8, 2010; No 10, 2015
|
|
Note to c 21(8) ....................
|
am No 46,
2011
|
|
cc 22, 23..............................
|
ad No 108,
2000
|
|
c 23A...................................
|
ad No 108,
2000
|
|
Division 2A
|
|
|
Heading to c 23B..................
|
am No 8,
2010
|
|
c 23B...................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 8, 2010
|
|
Division 3
|
|
|
c 24......................................
|
ad No 108,
2000
|
|
|
am No 61,
2004; No 45, 2005; No 128, 2006; No 68, 2007; No 8, 2010;
No 31, 2014
|
|
c 24A...................................
|
ad No 68,
2007
|
|
c 25......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
Heading to c 26....................
|
am No 45,
2005
|
|
Subhead to c
26(6) ..............
|
am No 45,
2005
|
|
c 26......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 8, 2010
|
|
c 27......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 10, 2015
|
|
Note to c 27(1) ....................
|
am No 46, 2011
|
|
Division 4
|
|
|
Heading to Div 4
of Part 3....
|
am No 8,
2010
|
|
Heading to c 27A.................
|
am No 8,
2010
|
|
c 27A...................................
|
ad No 108,
2000
|
|
|
am No 23,
2001; No 45, 2005; No 8, 2010
|
|
Part 4
|
|
|
c 28......................................
|
ad No 108,
2000
|
|
|
am No 61,
2004; No 45, 2005; No 98, 2013
|
|
Heading to c 29....................
|
am No 45,
2005
|
|
c 29......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
|
rep No 22, 2015
|
|
Heading to c 30....................
|
am No 45,
2005
|
|
c 30......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 8, 2010
|
|
Heading to c 31....................
|
am No 45,
2005
|
|
c 31......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 10, 2015
|
|
c 32......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
c 33......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
Heading to c 34....................
|
am No 45,
2005
|
|
c 34......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
Heading to c 35....................
|
am No 8,
2010
|
|
|
rs No 31, 2014
|
|
c 35......................................
|
ad No 108,
2000
|
|
|
am No 8,
2010; No 31, 2014
|
|
c 35A...................................
|
ad No 23,
2001
|
|
Part 5
|
|
|
Heading to Part 5..................
|
am No 45,
2005
|
|
c 36......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 51, 2013
|
|
c 37......................................
|
ad No 108,
2000
|
|
|
am No 23,
2001; No 45, 2005; No 8, 2010; No 31, 2014
|
|
Heading to c 38....................
|
am No 45,
2005
|
|
c 38......................................
|
ad No 108,
2000
|
|
|
am No 45, 2005
|
|
|
rs No 109, 2014
|
|
Part 6
|
|
|
Heading to Part 6..................
|
rs No 23,
2001
|
|
cc 39, 40..............................
|
ad No 108,
2000
|
|
|
rep No 23,
2001
|
|
Heading to c 41....................
|
rs No 23,
2001
|
|
c 41......................................
|
ad No 108,
2000
|
|
|
am No 128,
2006
|
|
Part 7
|
|
|
cc 42, 43..............................
|
ad No 108,
2000
|
|
cc 44, 45..............................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
c 46......................................
|
ad No 108,
2000
|
|
|
am No 128,
2006
|
|
c 47......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
c 48......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 8, 2010
|
|
Part 8
|
|
|
Division 1
|
|
|
Heading to Div 1
of Part 8....
|
am No 51,
2013
|
|
Heading to c 49....................
|
am No 51,
2013
|
|
c 49......................................
|
ad No 108,
2000
|
|
|
am No 120,
2006; No 51, 2013
|
|
Note to c 49
Renumbered Note 1.............
|
No 172, 2000
|
|
Note 2 to c 49......................
|
ad No 172,
2000
|
|
c 50......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
|
rs No 120,
2006
|
|
Note to c 50
Renumbered Note 1.............
|
No 172, 2000
|
|
Note 1 to c 50......................
|
rep No 120,
2006
|
|
Note 2 to c 50......................
|
ad No 172,
2000
|
|
|
rep No 120,
2006
|
|
c 51......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
c 51A...................................
|
ad No 172,
2000
|
|
|
am No 22, 2015
|
|
Division 2
|
|
|
c 52......................................
|
ad No 108,
2000
|
|
|
am No 128,
2006; No 68, 2007
|
|
c 52A...................................
|
ad No 120,
2006
|
|
|
am No 68,
2007
|
|
c 53......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 120, 2006
|
|
c 54......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005; No 128, 2006 (as am by 73, 2008); No 68, 2007
|
|
c 55......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
cc 56, 57..............................
|
ad No 108,
2000
|
|
Part 9
|
|
|
c 58......................................
|
ad No 108,
2000
|
|
|
am No 8,
2010
|
|
c 59......................................
|
ad No 108,
2000
|
|
|
am No 45,
2005
|
|
Part 10.................................
|
rep No 128,
2006
|
|
c 60......................................
|
ad No 108,
2000
|
|
|
rep No 128,
2006
|
|
c 61......................................
|
ad No 108,
2000
|
|
|
rep No 45,
2005
|
|
Schedule 7
|
|
|
Schedule 7...........................
|
ad No 124,
2007
|
|
Part 1
|
|
|
c 1........................................
|
ad No 124,
2007
|
|
c 2........................................
|
ad No 124,
2007
|
|
|
am No 124,
2007; No 8, 2010
|
|
cc 3–9..................................
|
ad No 124,
2007
|
|
c 9A.....................................
|
ad No 124,
2007
|
|
cc 10–19..............................
|
ad No 124,
2007
|
|
Part 2
|
|
|
Division 1
|
|
|
cc 20, 21..............................
|
ad No 124,
2007
|
|
Division 2
|
|
|
cc 22–26..............................
|
ad No 124,
2007
|
|
c 27......................................
|
ad No 124,
2007
|
|
|
am No 46,
2011
|
|
Division 3
|
|
|
c 28......................................
|
ad No 124, 2007
|
|
|
am No 99, 2014
|
|
c 29......................................
|
ad No 124,
2007
|
|
Division 4
|
|
|
Subdivision A
|
|
|
c 30......................................
|
ad No 124,
2007
|
|
|
am No 103,
2012
|
|
c 31......................................
|
ad No 124,
2007
|
|
|
am No 46,
2011
|
|
cc 32, 33..............................
|
ad No 124,
2007
|
|
Subdivision B
|
|
|
c 34......................................
|
ad No 124,
2007
|
|
Subdivision C
|
|
|
c 35......................................
|
ad No 124, 2007
|
|
Division 5
|
|
|
c 36......................................
|
ad No 124,
2007
|
|
Part 3
|
|
|
Division 1
|
|
|
cc 37–42..............................
|
ad No 124,
2007
|
|
Division 2
|
|
|
c 43......................................
|
ad No 124,
2007
|
|
|
rep No 109, 2014
|
|
hdg to c 44........................ rs
|
rs No 109, 2014
|
|
c 44......................................
|
ad No 124,
2007
|
|
|
am No 109, 2014
|
|
c 45......................................
|
ad No 124,
2007
|
|
c 46......................................
|
ad No 124,
2007
|
|
Division 3
|
|
|
cc 47–54..............................
|
ad No 124,
2007
|
|
c 55......................................
|
ad No 124,
2007
|
|
|
am No 8,
2010
|
|
Note to c 55.........................
|
am No 46,
2011
|
|
Division 4
|
|
|
cc 56–59..............................
|
ad No 124,
2007
|
|
c 59A...................................
|
ad No 124,
2007
|
|
cc 60, 61..............................
|
ad No 124,
2007
|
|
Division 5
|
|
|
cc 62–68..............................
|
ad No 124,
2007
|
|
Division 6
|
|
|
cc 69–72..............................
|
ad No 124,
2007
|
|
Part 4
|
|
|
Division 1
|
|
|
c 73......................................
|
ad No 124,
2007
|
|
Division 2
|
|
|
cc 74–79..............................
|
ad No 124,
2007
|
|
Division 3
|
|
|
cc 80–84..............................
|
ad No 124,
2007
|
|
Division 4
|
|
|
cc 85, 86..............................
|
ad No 124,
2007
|
|
c 87......................................
|
ad No 124,
2007
|
|
|
am No 8,
2010
|
|
cc 88–90..............................
|
ad No 124,
2007
|
|
Division 5
|
|
|
cc 91–98..............................
|
ad No 124,
2007
|
|
c 99......................................
|
ad No 124,
2007
|
|
|
am No 8,
2010
|
|
c 100....................................
|
ad No 124,
2007
|
|
Division 6
|
|
|
c 101....................................
|
ad No 124,
2007
|
|
|
am No 8,
2010
|
|
Division 7
|
|
|
cc 102, 103..........................
|
ad No 124,
2007
|
|
Part 5
|
|
|
cc 104, 105..........................
|
ad No 124,
2007
|
|
Part 6
|
|
|
cc 106–110..........................
|
ad No 124,
2007
|
|
Part 7
|
|
|
cc 111, 112..........................
|
ad No 124,
2007
|
|
Part 8
|
|
|
c 113....................................
|
ad No 124,
2007
|
|
Part 9
|
|
|
cc 114–117..........................
|
ad No 124,
2007
|
|
c 117A.................................
|
ad No 124,
2007
|
|
c118.....................................
|
ad No 124,
2007
|
|
|
rep No 109, 2014
|
|
c 119....................................
|
ad No 124,
2007
|
|
c 120....................................
|
ad No 124,
2007
|
|
c 121....................................
|
ad No 124,
2007
|
|
c 122....................................
|
ad No 124,
2007
|
|
c 123....................................
|
ad No 124,
2007
|
Endnote 5—Misdescribed amendments
Broadcasting
and Other Legislation Amendment (Deregulation) Act 2015 (No. 22, 2015)
Schedule 8
1 Subsections 43C(4) to (4C)
Repeal the subsections, substitute:
Changes in licence area populations
not to put persons in breach of condition
(4) If:
(a) the ACMA makes a
new determination of the licence area population of a licence area or of the
population of Australia; and
(b) as a result of
the determination, a person would be in breach of the condition;
the condition continues to apply to the
person as if the previous determination remained in force.