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In force
Details: C2016C00882

Broadcasting Services Act 1992

- C2016C00882
In force - Superseded Version
View Series

Act No. 110 of 1992 as amended, taking into account amendments up to Territories Legislation Amendment Act 2016

An Act relating to broadcasting services, datacasting services, online services and content services, and for related purposes

Administered by: Communications and the Arts

Incorporated Amendments
- Territories Legislation Amendment Act 2016 - C2016A00033
  - sch 5 (item 21)
- Norfolk Island Legislation Amendment Act 2015 - C2015A00059
  - sch 2 (items 77, 78)

Registered	25 Jul 2016

Start Date	01 Jul 2016
End Date	22 Jun 2017

Details

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C2016C00882

Table of contents.

Volume 1

Part 1—Preliminary

1 Short title

2 Commencement

3 Objects of this Act

4 Regulatory policy

5 Role of the ACMA

6 Interpretation

7 Interpretation—meaning of control

8 Interpretation—shareholding interests, voting interests, dividend interests and winding-up interests

8A Captioning taken to be part of program

8AA Designated community radio broadcasting licence

8AB Digital program enhancement content taken to be a radio program

8AC Digital radio start-up day

8AD Deemed radio broadcasting licence areas

8AF Regional racing service radio licence

8B Remote Indigenous community

9 Act to bind the Crown

10 Extension of Act to the external Territories

10AA Operation in relation to Norfolk Island

10A Application of the Criminal Code

Part 2—Categories of broadcasting services

11 Categories of broadcasting services

11A Dual categorisation of international broadcasting services

12 Method of regulating particular services

13 National broadcasting services

14 Commercial broadcasting services

15 Community broadcasting services

16 Subscription broadcasting services

17 Subscription narrowcasting services

18 Open narrowcasting services

18A International broadcasting services

19 ACMA may determine additional criteria or clarify existing criteria

21 Requests to ACMA to decide which category a broadcasting service falls into

22 Matters to be considered by ACMA

Part 3—Planning of the broadcasting services bands

23 Planning criteria

26 Preparation of licence area plans

26AA Compliance with television licence area plan

26C Licence area plans not required to deal with certain digital radio broadcasting services

26D Licence area plans—how digital radio broadcasting services may be dealt with

29 Designation of licence areas

30 ACMA may determine population figures

31 Minister may reserve capacity for national broadcasters or community broadcasters

33 Development of technical planning guidelines

34 Alternative uses of broadcasting services bands

Part 4—Commercial television broadcasting licences and commercial radio broadcasting licences

Division 1—Allocation of licences

36 ACMA to determine system for allocating licences

36A Commercial radio broadcasting licences to provide analog or digital commercial radio broadcasting services

37 When licences must not be allocated

37A Limitation on number of commercial television broadcasting licences

38 ACMA to advertise for applications for certain licences

38A Additional commercial television licences in single markets

38B Additional commercial television licences in 2-station markets

38C Commercial television broadcasting licences—services provided with the use of a satellite

39 Additional commercial radio licences in single markets

40 Allocation of other licences

41 When persons are regarded as suitable

Division 2—Services authorised by licences

41C Services authorised by commercial television broadcasting licences

41CA Services authorised by commercial television broadcasting licences allocated under section 38C

41D Services authorised by commercial radio broadcasting licences

Division 3—Licence conditions

42 Conditions of commercial broadcasting licences

43 ACMA may impose additional conditions

43A Material of local significance—regional aggregated commercial television broadcasting licences

43AA Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees

43AB Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees

43AC Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees

43AD Compensation for acquisition of property

43B Local presence—regional commercial radio broadcasting licences

43C Local content—regional commercial radio broadcasting licences

43D Special licence conditions relating to digital radio commercial broadcasting services

44 Matters to which conditions may relate

Division 4—General provisions

45 Duration of licences

46 Applications for renewal

47 ACMA to renew licences unless it is aware of special circumstances

48 Transfer of commercial broadcasting licences

49 Surrender of commercial broadcasting licences

Part 5—Control of commercial broadcasting licences and datacasting transmitter licences

Division 1—Preliminary

50A This Part does not apply in relation to licences allocated under section 38C or subsection 40(1)

50 Interpretation—knowledge of company

51 Means of dealing with overlapping licence areas

51A This Part does not apply to certain channel B datacasting transmitter licences

52 Changes in licence area populations not to put persons in breach of this Part

52A Newspapers—additional constitutional basis

Division 2—Limitation on control

Subdivision A—Commercial broadcasting licences

53 Limitation on control of commercial television broadcasting licences

54 Limitation on control of commercial radio broadcasting licences

Subdivision B—Commercial television broadcasting licences and datacasting transmitter licences

54A Limitation on control of commercial television broadcasting licences and datacasting transmitter licences

Division 3—Limitation on directorships

Subdivision A—Television and radio

55 Limitation on numbers of directorships—television

56 Limitation on numbers of directorships—radio

Subdivision B—Television and datacasting

56A Limitation on directorships—television and datacasting

Division 5—Newspapers associated with licence areas

59 Newspapers associated with commercial television or radio broadcasting licence areas

Division 5A—Media diversity

Subdivision A—Introduction

61AA Definitions

61AB Unacceptable media diversity situation

61AC Points

61AD Statutory control rules

61AE Shared content test

61AEA Unacceptable 3-way control situation

61AF Overlapping licence areas

Subdivision B—Prohibition of transactions that result in an unacceptable media diversity situation coming into existence etc.

61AG Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—offence

61AH Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—civil penalty

61AJ Prior approval of transactions that result in an unacceptable media diversity situation coming into existence etc.

61AK Extension of time for compliance with prior approval notice

61AL Breach of prior approval notice—offence

61AM Breach of prior approval notice—civil penalty

Subdivision BA—Prohibition of transactions that result in an unacceptable 3-way control situation coming into existence etc.

61AMA Prohibition of transactions that result in an unacceptable 3-way control situation coming into existence—offence

61AMB Prohibition of transactions that result in an unacceptable 3-way control situation coming into existence—civil penalty

61AMC Prior approval of transactions that result in an unacceptable 3-way control situation coming into existence etc.

61AMD Extension of time for compliance with prior approval notice

61AME Breach of prior approval notice—offence

61AMF Breach of prior approval notice—civil penalty

Subdivision C—Remedial directions

61AN Remedial directions—unacceptable media diversity situation

61ANA Remedial directions—unacceptable 3-way control situation

61AP Extension of time for compliance with remedial direction

61AQ Breach of remedial direction—offence

61AR Breach of remedial direction—civil penalty

Subdivision D—Enforceable undertakings

61AS Acceptance of undertakings

61AT Enforcement of undertakings

Subdivision E—Register of Controlled Media Groups

61AU Register of Controlled Media Groups

61AV How a media group is to be entered in the Register

61AW Explanatory notes may be included in the Register

61AX Continuity of media group

61AY Initial registration of media groups

61AZ Registration of newly-formed media group

61AZA De-registration of media group that has ceased to exist

61AZB Registration of change of controller of registered media group

61AZC Registration of change of composition of media group

61AZCA ACMA must deal with notifications in order of receipt

61AZD Conditional transactions

61AZE Review and confirmation of entries and alterations etc.

61AZF Reconsideration of decisions

61AZG Corrections of clerical errors or obvious defects

61AZH Regulations

Division 5B—Disclosure of cross-media relationships

61BA Definitions

61BB Disclosure of cross-media relationship by commercial television broadcasting licensee

61BC Choice of disclosure method—commercial radio broadcasting licensee

61BD Disclosure of cross-media relationship by commercial radio broadcasting licensee—business affairs disclosure method

61BE Disclosure of cross-media relationship by commercial radio broadcasting licensee—regular disclosure method

61BF Disclosure of cross-media relationship by publisher of newspaper

61BG Exception—political communication

61BH Matter or material about the business affairs of a broadcasting licensee or newspaper publisher

Division 5C—Local news and information requirements for regional commercial radio broadcasting licensees

Subdivision A—Introduction

61CA Definitions

61CAA This Division does not apply in relation to certain licences

61CB Trigger event

61CC What is local?

Subdivision B—Minimum service standards for local news and information

61CD Licensee must meet minimum service standards for local news and information

61CE Minimum service standards for local news and information

Subdivision C—Local content plans

61CF Licensee must submit draft local content plan to the ACMA

61CG Content of draft or approved local content plan

61CH Approval of draft local content plan

61CJ Register of approved local content plans

61CK Approved local content plan must be varied if minimum service standards are imposed or increased

61CL Approved local content plan may be varied by the licensee

61CM Approval of draft variation

61CN ACMA may review approved local content plan

61CP Compliance with approved local content plan

61CPA Licensee must submit annual compliance report

61CQ Minister may direct the ACMA about the exercise of its powers

Subdivision D—Other local content requirements

61CR Minister may direct the ACMA to conduct an investigation about other local content requirements

61CS Minister may direct the ACMA to impose licence conditions relating to local content

61CT Regular reviews of local content requirements

Division 6—Notification provisions

63 Requirement to notify changes in control

64 Person who obtains control of a licence or newspaper must notify the ACMA

65A Strict liability offences

65B Designated infringement notice provisions

Division 7—Approval of temporary breaches

66 Offence for breaches without approval

67 Applications for prior approval of temporary breaches

68 Extension of time for compliance with notice

69 Breach of notice under section 67 to constitute an offence

Division 8—Action by the ACMA

70 Notices by the ACMA

71 Extension of time for compliance with notice

72 Breach of notice under section 70 to constitute an offence

Division 9—Special provision for small markets

73 Additional licence under section 38A not to result in breach of ownership limits

73A Additional licence allocated under section 38B not to result in breach of control rules

Division 10—Prior opinions by the ACMA

74 Requests to ACMA to give an opinion on whether a person is in a position to control a licence, a newspaper or a company

Division 11—Miscellaneous

75 Register of matters under this Part

76 Continuing offences

77 Part has effect notwithstanding Competition and Consumer Act

78 Part not to invalidate appointments

Part 6—Community broadcasting licences

79 Interpretation

79A Application

80 ACMA to advertise for applications for BSB community broadcasting licences

81 When licences must not be allocated

82 Other community broadcasting licences

83 When persons are regarded as suitable

84 Allocation of community broadcasting licences

84A Designated community radio broadcasting licences to provide analog or digital services

85 ACMA not required to allocate community broadcasting licence to any applicant

85A Services authorised by designated community radio broadcasting licences

86 Conditions of community broadcasting licences

87 ACMA may impose additional conditions on community broadcasting licences

87A Additional conditions on CTV licences

87B Special licence condition relating to digital community radio broadcasting services

88 Matters to which conditions may relate

89 Duration of community broadcasting licences

90 Applications for renewal of community broadcasting licences

91 ACMA may renew community broadcasting licences

91A Transfer of community broadcasting licences

92 Surrender of community broadcasting licences

Part 6A—Temporary community broadcasting licences

92A Interpretation

92B Temporary community broadcasting licences

92C Applicants for temporary community broadcasting licences

92D When applicants and licensees are regarded as suitable

92E Criteria for deciding whether to allocate a licence

92F Licences to accord with alternative planning procedures

92G Licence area, timing conditions and licence period

92H Conditions of temporary community broadcasting licences

92J ACMA may vary conditions or periods, or impose new conditions

92K Duration of temporary community broadcasting licences

92L Surrender of temporary community broadcasting licences

Part 7—Subscription television broadcasting services

Division 1—Allocation of subscription television broadcasting licences

95 When subscription television broadcasting licence must not be allocated

96 Allocation of other subscription television broadcasting licences

97 Requests to Australian Competition and Consumer Commission

98 Suitability for allocation of licence

98D Compensation

Division 2—Conditions of subscription television broadcasting licence

99 Conditions applicable to subscription television broadcasting licence

100 Matters to which conditions may relate

Division 2A—Eligible drama expenditure

Subdivision A—Introduction

103A Simplified outline

103B Definitions

103C Channel providers

103D Part-channel providers

103E Pass-through providers

103F Part-pass-through providers

103G Supply of channel or package

103H Non-designated pre-production expenditure not to be counted unless principal photography has commenced

103J Cash-based accounting—when expenditure is incurred

103JA When designated script development expenditure is incurred in relation to an eligible drama program etc.

103K When expenditure incurred on a new eligible drama program

103L ACMA may make determinations about what constitutes program expenditure

103M Expenditure to be nominated only once in meeting licence conditions

Subdivision B—Channel provider supplies channel

103N 10% minimum eligible drama expenditure—channel provider supplies channel

103NA Carry-forward eligible drama expenditure

103P Shortfall of eligible drama expenditure—channel provider supplies channel exclusively to licensee

103Q Shortfall of eligible drama expenditure—channel provider supplies channel to multiple licensees

Subdivision C—Pass-through provider supplies channel

103R 10% minimum eligible drama expenditure—pass-through provider supplies channel

103RA Carry-forward eligible drama expenditure

103S Shortfall of eligible drama expenditure—pass-through provider supplies channel

Subdivision D—Licensee supplies all program material

103T 10% minimum eligible drama expenditure—licensee supplies all program material

103TA Carry-forward eligible drama expenditure

Subdivision E—Part-channel provider supplies package of programs

103U 10% minimum eligible drama expenditure—part-channel provider supplies package of programs

103UA Carry-forward eligible drama expenditure

103V Shortfall of eligible drama expenditure—part-channel provider supplies a package of programs exclusively to licensee

103W Shortfall of eligible drama expenditure—part-channel provider supplies a package of programs to multiple licensees

Subdivision F—Part-pass-through provider supplies package of programs

103X 10% minimum eligible drama expenditure—part-pass-through provider supplies package of programs

103XA Carry-forward eligible drama expenditure

103Y Shortfall of eligible drama expenditure—part-pass-through provider supplies package of programs

Subdivision G—Licensee supplies part of program material

103Z 10% minimum eligible drama expenditure—licensee supplies part of program material

103ZAA Carry-forward eligible drama expenditure

Subdivision H—Annual returns

103ZA Licensee to lodge annual return

103ZB Channel provider and part-channel provider to lodge annual return

103ZC ACMA may inquire into the correctness of an annual return

103ZD Nominations to be attached to annual returns

Subdivision J—Miscellaneous

103ZG Anti-avoidance—transactions between persons not at arm’s length

103ZH Expenditure to be expressed in Australian currency

Division 6—Miscellaneous

113 Transfer of subscription television broadcasting licence

114 Surrender of subscription television broadcasting licence

115 Minister may protect the free availability of certain types of programs

116 Certain arrangements not to result in control or in persons being associates

116A Use of additional capacity

116B Application of section 51 of the Competition and Consumer Act

Part 8—Subscription broadcasting and narrowcasting class licences

117 Determination of class licences

118 Conditions of class licences

119 Matters to which conditions may relate

120 Variation of class licences

Part 8A—Restrictions on subscription television broadcasting services in regional areas etc.

121A Simplified outline

121B Definitions

121C Identical program items

121D Continuity of program items

121E ACMA permission is required to provide certain television services in regional areas

Part 8B—International broadcasting licences

Division 1—Introduction

121F Simplified outline

121FAA Definitions

Division 2—Allocation of international broadcasting licences

121FA Application for international broadcasting licence

121FB Corporate status and suitability

121FC Unsuitable applicant

121FD Australia’s national interest

121FE Allocation of licence

Division 3—Obligations of international broadcasting licensees

121FF Conditions of international broadcasting licences

Division 4—Remedies

121FG Prohibition on providing an international broadcasting service without a licence

121FH Remedial directions—unlicensed international broadcasting services

121FHA Breach of remedial direction—offence

121FHB Breach of remedial direction—civil penalty provision

121FJ Offence for breach of conditions of international broadcasting licence

121FJA Civil penalty provision relating to breach of conditions of international broadcasting licences

121FJB Remedial directions—licence conditions

121FJC Breach of remedial direction—offence

121FJD Breach of remedial direction—civil penalty provision

121FK Cancellation of licence if service does not commence within 2 years

121FL Formal warning, or cancellation or suspension of licence, where service is contrary to Australia’s national interest

Division 4A—Nominated broadcaster declarations

121FLA Object of this Division

121FLB Applications for nominated broadcaster declarations

121FLC Making a nominated broadcaster declaration

121FLD Effect of nominated broadcaster declaration

121FLE Conditions of nominated broadcaster declarations

121FLF Offence for breach of conditions of nominated broadcaster declaration

121FLG Revocation of nominated broadcaster declaration

121FLH Cancellation of licence if declaration ceases to be in force and licensee is not an Australian company

121FLJ Register of nominated broadcaster declarations

Division 5—ACMA to assist the Minister for Foreign Affairs

121FM Report about compliance with international broadcasting guidelines

121FN Records of broadcasts

Division 6—Miscellaneous

121FP International broadcasting guidelines

121FQ Surrender of international broadcasting licences

121FR Complaints about international broadcasting services

121FS Statements about decisions of the Minister for Foreign Affairs

Part 9—Content rules, program standards and codes of practice

121G Australian content—transmission quota

122 Program standards for children’s programs and Australian content

123 Development of codes of practice

123B Review by the ACMA—application of code of practice to section 38C licences

124 ACMA to maintain Register of codes of practice

125 ACMA may determine program standards where codes of practice fail or where no code of practice developed

126 Consultation on standards

127 Notification of determination or variation or revocation of standards

128 Standards and codes to be amendable by the Parliament

129 Limitation of ACMA’s power in relation to standards

130 Application of the Competition and Consumer Act

Part 9A—Technical standards

130A Technical standards for digital transmission—television etc.

130AA Technical standards for digital transmission—radio etc.

130AB Technical standards relating to the operation of multiplex transmitters

130AC Technical standards for digital transmission of television services provided with the use of a satellite

130B Technical standards for domestic digital reception equipment—television etc.

130BA Technical standards for domestic digital reception equipment—radio etc.

130BB Technical standards for domestic digital reception equipment—television services provided with the use of a satellite

Part 9B—Industry codes and industry standards

Division 1—Simplified outline

130C Simplified outline

Division 2—Interpretation

130D Industry codes

130E Industry standards

130F Industry activities

130G Sections of the industry

130H Participants in a section of the industry

Division 3—General principles relating to industry codes and industry standards

130J Statement of regulatory policy

130K Examples of matters that may be dealt with by industry codes and industry standards

130L Industry codes and industry standards not to deal with certain matters

Division 4—Industry codes

130M Registration of industry codes

130N ACMA may request codes

130P Publication of notice where no body or association represents a section of the industry

130Q Replacement of industry codes

Division 5—Industry standards

130R ACMA may determine an industry standard if a request for an industry code is not complied with

130S ACMA may determine industry standard where no industry body or association formed

130T ACMA may determine industry standards—total failure of industry codes

130U ACMA may determine industry standards—partial failure of industry codes

130V Compliance with industry standards

130W Formal warnings—breach of industry standards

130X Variation of industry standards

130Y Revocation of industry standards

Division 6—Register of industry codes and industry standards

130ZA ACMA to maintain Register of industry codes and industry standards

Part 9C—Access to commercial television broadcasting services provided with the use of a satellite

130ZBA Simplified outline

130ZB Objectives of conditional access scheme—South Eastern Australia TV3 licence area and Northern Australia TV3 licence area

130ZBB Objectives of conditional access scheme—Western Australia TV3 licence area

130ZC Registration of conditional access scheme developed by representative body or association

130ZCAA ACMA may invite representative body or association to develop a revised conditional access scheme

130ZCAB ACMA may request development of replacement conditional access scheme

130ZCA Registration of conditional access scheme formulated by the ACMA

130ZD Replacement of conditional access scheme

130ZE ACMA to maintain register of conditional access schemes

130ZF ACMA may direct a scheme administrator to issue a reception certificate etc.

130ZFA Adequate reception

130ZG Applicable terrestrial digital commercial television broadcasting services

130ZH Declared service-deficient areas

Part 9D—Captioning

Division 1—Introduction

130ZJ Simplified outline

130ZK Definitions

130ZKA Definition of channel provider

130ZKB Definition of part-channel provider

130ZKC Supply of channel or package

130ZL Designated viewing hours

130ZM This Part does not apply to foreign language programs

130ZN This Part does not apply to programs that consist wholly of music

130ZO Captioning service provided for part of program

130ZP Multiple subscription television services provided by licensee

130ZQ Television service provided in a period

Division 2—Captioning obligations of commercial television broadcasting licensees and national broadcasters

130ZR Captioning obligations—basic rule

130ZS Captioning obligations—special rules for multi-channelled services

130ZUA Exemption orders and target reduction orders—unjustifiable hardship

130ZUAA Effect of target reduction order

130ZUB Certain breaches to be disregarded

Division 3—Captioning obligations of subscription television licensees

130ZV Annual captioning targets—subscription television licensees

130ZVA Categories for subscription television movie services

130ZW Categories for subscription television general entertainment services

130ZX Exemptions—certain subscription television services provided before 1 July 2022

130ZY Exemption orders and target reduction orders—unjustifiable hardship

130ZYA Effect of target reduction order

130ZZ Captioning services for repeats of television programs

130ZZAA Captioning services for simultaneously transmitted television programs

130ZZAB Certain breaches to be disregarded

Division 4—Captioning standards

130ZZA Captioning standards

Division 5—Emergency warnings

130ZZB Emergency warnings

Division 6—Reports and record-keeping

130ZZC Annual compliance reports

130ZZD Record-keeping

Division 7—Review of this Part etc.

130ZZE Review of this Part etc.

Part 10—Remedies for breaches of licensing provisions

Division 1—Offences for providing unlicensed services

131 Prohibition on providing a commercial television broadcasting service without a licence

132 Prohibition on providing a subscription television broadcasting service without a licence

133 Prohibition on providing a commercial radio broadcasting service without a licence

134 Prohibition on providing a community television broadcasting service without a licence

135 Prohibition on providing a community radio broadcasting service without a licence

136 Continuing offences

Division 1A—Civil penalty provisions relating to unlicensed services

136A Prohibition on providing a commercial television broadcasting service without a licence

136B Prohibition on providing a subscription television broadcasting service without a licence

136C Prohibition on providing a commercial radio broadcasting service without a licence

136D Prohibition on providing a community television broadcasting service without a licence

136E Prohibition on providing a community radio broadcasting service without a licence

136F Continuing breaches

Division 2—Action by ACMA where a person provides a service without a licence

137 Remedial directions—unlicensed services

138 Breach of remedial direction—offences

138A Breach of remedial direction—civil penalty provision

Division 3—Action in relation to breaches by licensees

139 Offence for breach of conditions of licences and class licences

140 Continuing offences

140A Civil penalty provisions relating to breach of conditions of licences and class licences

141 Remedial directions—licence conditions, class licences and codes of practice

142 Breach of remedial direction—offences

142A Breach of remedial direction—civil penalty provision

143 Suspension and cancellation

Division 4—Action in relation to class licences

144 Application to Federal Court

Part 10A—Anti-hoarding rules

Division 1—Introduction

146A Simplified outline

146B Definitions

146C Designated events and designated series of events

146CA When event or series is eligible for delayed televising in the Central-Western time zones

146D Program suppliers

Division 2—Commercial television broadcasting licensees

146E Anti-hoarding rule—licensees

146F Anti-hoarding rule—program suppliers

146G What constitutes an offer to transfer rights to televise live events

146H Offers to transfer rights to televise live events

146J Contracts to acquire rights to televise live events must authorise the transfer of the rights

146K Simultaneous events in a series

146KA Delayed televising in the Central-Western time zones

Division 3—National broadcasters

146L Anti-hoarding rule

146M What constitutes an offer to transfer rights to televise live events

146N Offers to transfer rights to televise live events

146P Contracts to acquire rights to televise live events must authorise the transfer of the rights

146Q Simultaneous events in a series

146R Delayed televising in the Central-Western time zones

Part 11—Complaints to the ACMA

Division 1—Complaints relating to action under licences and class licences

147 Complaints relating to offences or breach of licence conditions

148 Complaints under codes of practice

149 Investigation of complaints by the ACMA

Division 2—Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS

150 Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS

151 Investigation of complaints relating to the ABC or SBS by the ACMA

152 Action by ACMA where complaint justified

153 ACMA may report to Minister on results of recommendation

Part 13—Information gathering by the ACMA and the Commissioner

Division 1—Introduction

168 Obtaining of information by the ACMA

169 Decision-making by the ACMA not limited to matters discovered by investigation or hearing

169A Investigation by the Commissioner

Division 2—Investigations

170 Investigations by the ACMA

171 Minister may direct ACMA to conduct an investigation

172 ACMA may call for written submissions from the public

173 Notice requiring appearance for examination

174 Examination on oath or affirmation

175 Examination to take place in private

176 Record to be made of examination

177 Production of documents for inspection

178 Report on investigation

179 Publication of report

180 Person adversely affected by report to be given opportunity to comment

Division 3—Hearings

182 Power to hold hearings

183 Minister may direct ACMA to hold a hearing

184 Procedure for conduct of hearings

185 ACMA may direct holding of conference

186 Hearings to be informal, quick and economical

187 Hearings to be in public except in exceptional cases

188 Public notice of hearings

189 Confidential material not to be published

190 Directions as to private hearings

191 Constitution of ACMA for conduct of hearings

192 Presiding member

193 Reconstitution of hearing panel

194 Exercise of powers in relation to conduct of hearing

195 Summons to give evidence or produce documents

196 Written submissions may be made to hearing

197 Evidence and submissions to be taken into account by ACMA

198 Representation at hearings

199 Reports on hearings

Division 4—General

200 Protection of members and persons giving evidence

201 Protection of panel conducting hearing

202 Non-compliance with requirement to give evidence

203 Proceedings for defamation not to lie

Part 14—Appeals to the Administrative Appeals Tribunal

204 Appeals to the Administrative Appeals Tribunal

205 Notification of decisions to include notification of reasons and appeal rights

Part 14A—Accounts and payment of licence fees

205A Definitions

205B Broadcasting licensees to keep accounts

205BA Datacasting transmitter licensees to keep accounts

205C Payment of licence fees

205D Penalty for unpaid licence fees

Part 14B—Civil penalties

Division 1—Ancillary contravention of civil penalty provision

205E Ancillary contravention of civil penalty provision

Division 2—Civil penalty orders

205EA Simplified outline

205F Civil penalty orders

205G Who may apply for a civil penalty order

205H 2 or more proceedings may be heard together

205J Time limit for application for an order

205K Civil evidence and procedure rules for civil penalty orders

205L Civil proceedings after criminal proceedings

205M Criminal proceedings during civil proceedings

205N Criminal proceedings after civil proceedings

205P Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings

205PAA Mistake of fact

Part 14C—Injunctions

205PA Simplified outline

205Q Injunctions

205R Interim injunctions

205S Discharge etc. of injunctions

205T Certain limits on granting injunctions not to apply

205U Other powers of the Federal Court unaffected

Part 14D—Enforceable undertakings

205V Simplified outline

205W Acceptance of undertakings

205X Enforcement of undertakings

Part 14E—Infringement notices

205XAA Simplified outline

205XA Formal warning

205Y When an infringement notice can be given

205Z Matters to be included in an infringement notice

205ZA Amount of penalty

205ZB Withdrawal of an infringement notice

205ZC What happens if the penalty is paid

205ZD Effect of this Part on criminal proceedings

205ZE Appointment of authorised infringement notice officer

205ZF Regulations

Part 15—Miscellaneous

206 Broadcasting or datacasting taken to be publication in permanent form

207 Amounts of fees

209 Prosecutions

210 Publication of opinions

211AA Time when a television program is broadcast—certain terrestrial licence areas

211A Time when a television program is broadcast—South Eastern Australia TV3 and Northern Australia TV3 licence areas

212 Special provisions for re-transmission of programs

212A Self-help providers

212B Declared self-help providers and excluded providers

213 Penalties for continuing offences

214 Procedure relating to continuing offences

215 Guidelines relating to ACMA’s enforcement powers etc.

216 Ministerial consultative and advisory bodies

216A Schedule 4 (digital television broadcasting)

216B Schedule 5 (online services)

216C Schedule 6 (datacasting services)

216D Schedule 7 (content services)

217 Regulations

218 Channel sharing

Schedule 1—Control and ownership of company interests

Part 1—Introduction

1 Control—general

Part 2—When person is in a position to exercise control

2 When person is in a position to exercise control

3 When person is in a position to exercise control of a newspaper

4 Special provisions for authorised lenders

Part 3—Deemed control

5 Explanation of examples

6 The 15% rule

7 Application of method through chain of companies

Part 4—Tracing of ownership

8 Tracing of ownership

Schedule 2—Standard conditions

Part 1—Interpretation

1 Definitions

2 Interpretation—certain things do not amount to broadcasting of advertisements

Part 2—Special conditions

3 Broadcasting of political or controversial material

3A Broadcasting of election advertisements

4 Identification of certain political matter

5 Records of matter broadcast

6 Advertisements relating to medicines

Part 3—Commercial television broadcasting licences

Division 1—General

7 Conditions of commercial television broadcasting licences

Division 2—Licences allocated under section 38C

7A Common conditions

7B Conditions about the provision of primary commercial television broadcasting services

7C Conditions about the provision of non-primary commercial television broadcasting services

7D Condition about the provision of local news services

7E Exemption—provision of new commercial television broadcasting services not technically feasible

7F Exemption—commercial television broadcasting services with the same program content

7G Delay in commencement of new commercial television broadcasting services

7J Program content

7L Definitions

Part 4—Commercial radio broadcasting licences

8 Standard conditions of commercial radio broadcasting licences

Part 5—Community broadcasting licences

9 Conditions applicable to services provided under community broadcasting licences

Part 6—Subscription television broadcasting licences

10 Conditions applicable to subscription television broadcasting licences

Part 7—Services provided under class licences

11 Conditions applicable to broadcasting services provided under class licences

Volume 2

Schedule 4—Digital television broadcasting

Part 1—Introduction

1 Simplified outline of this Schedule

5 Remote licence area

5A SDTV multi-channelled commercial television broadcasting service

5B HDTV multi-channelled commercial television broadcasting service

5C SDTV multi-channelled national television broadcasting service

5D HDTV multi-channelled national television broadcasting service

Part 3—ABC/SBS television

36 Digital transmitter not to be used to provide a subscription television broadcasting service etc.

Part 4A—Restrictions on televising anti-siphoning events

Division 1—Commercial television broadcasting services

41E Multi-channelled commercial television broadcasting service—restrictions on televising anti-siphoning events

41FA Multi-channelled commercial television broadcasting service provided under a section 38C licence—restrictions on televising anti-siphoning events

41G Primary commercial television broadcasting service

Division 2—National television broadcasting services

41K Multi-channelled national television broadcasting service—restrictions on televising anti-siphoning events

41LA Multi-channelled national television broadcasting service provided with the use of a satellite—restrictions on televising anti-siphoning events

41M Primary national television broadcasting service

41N Primary satellite national television broadcasting service

Part 5—Transmitter access regime

42 Simplified outline

43 Definitions

43A Designated associated facilities

44 Extended meaning of access

45 Access to broadcasting transmission towers

45A Access to designated associated facilities

46 Access to sites of broadcasting transmission towers

47 Terms and conditions of access

48 Code relating to access

49 Arbitration—acquisition of property

50 Relationship between this Part and the National Transmission Network Sale Act 1998

Part 6—Collection of datacasting charge

51 Collection of datacasting charge

52 Cancellation of certain exemptions from datacasting charge

Part 10—Review of decisions

62 Review by the AAT

63 Notification of decisions to include notification of reasons and appeal rights

Schedule 5—Online services

Part 1—Introduction

2 Simplified outline

3 Definitions

5 Internet content that consists of a film

7 Extended meaning of use

Part 2—Internet service providers

8 Internet service providers

9 Supply to the public

Part 4—Complaints to, and investigations by, the Commissioner

Division 1—Making of complaints to the Commissioner

23 Complaints about breaches of online provider rules etc.

24 Form of complaint

25 Residency etc. of complainant

Division 2—Investigations by the Commissioner

27 Commissioner may investigate matters

28 Conduct of investigations

29 Protection from civil proceedings

Division 4—Action to be taken in relation to a complaint about prohibited content hosted outside Australia

40 Action to be taken in relation to a complaint about prohibited content hosted outside Australia

41 Deferral of action in order to avoid prejudicing a criminal investigation

42 Withdrawal of notification of content—reclassification of internet content

43 Withdrawal of notification of content—reclassification of internet content that consists of a film or a computer game

44 Revocation of standard access-prevention notice—reclassification of internet content

45 Revocation of standard access-prevention notice—reclassification of internet content that consists of a film or a computer game

46 Anti-avoidance—notified internet content

47 Anti-avoidance—special access-prevention notice

48 Compliance with access-prevention notices

49 Notification of internet content

50 Application of notifications under this Division

51 Commissioner may be taken to have issued access-prevention notices

Part 5—Industry codes and industry standards

Division 1—Simplified outline

52 Simplified outline

Division 2—Interpretation

53 Industry codes

54 Industry standards

55 Internet activity

56 Section of the internet industry

57 Participants in a section of the internet industry

58 Designated body

Division 3—General principles relating to industry codes and industry standards

59 Statement of regulatory policy

60 Matters that must be dealt with by industry codes and industry standards

61 Industry codes and industry standards not to deal with certain matters

Division 4—Industry codes

62 Registration of industry codes

63 Commissioner may request codes

64 Publication of notice where no body or association represents a section of the internet industry

65 Replacement of industry codes

66 Compliance with industry codes

67 Formal warnings—breach of industry codes

Division 5—Industry standards

68 Commissioner may determine an industry standard if a request for an industry code is not complied with

69 Commissioner may determine industry standard where no industry body or association formed

70 Commissioner may determine industry standards—total failure of industry codes

71 Commissioner may determine industry standards—partial failure of industry codes

72 Compliance with industry standards

73 Formal warnings—breach of industry standards

74 Variation of industry standards

75 Revocation of industry standards

77 Consultation with designated body

Division 6—Register of industry codes and industry standards

78 Commissioner to maintain Register of industry codes and industry standards

Part 6—Online provider rules

79 Online provider rules

80 Online provider determinations

81 Exemptions from online provider determinations

82 Compliance with online provider rules

83 Remedial directions—breach of online provider rules

84 Formal warnings—breach of online provider rules

85 Federal Court may order a person to cease supplying internet carriage services

Part 7—Offences

86 Continuing offences

87 Conduct by directors, employees and agents

Part 8—Protection from civil and criminal proceedings

88 Protection from civil proceedings—internet service providers

Part 9—Operation of State and Territory laws etc.

90 Concurrent operation of State and Territory laws

91 Liability of internet content hosts and internet service providers under State and Territory laws etc.

Part 10—Review of decisions

92 Review by the AAT

93 Notification of decisions to include notification of reasons and appeal rights

Part 11—Miscellaneous

94 Additional Commissioner functions

96 Schedule not to affect performance of State or Territory functions

Schedule 6—Datacasting services

Part 1—Introduction

1 Simplified outline

2 Definitions

2A Designated datacasting service

3 Educational programs

4 Information-only programs

5 Foreign-language news or current affairs programs

6 Datacasting content is taken not to be a television program or a radio program etc.

Part 2—Datacasting licences

7 Allocation of datacasting licence

8 When datacasting licence must not be allocated

9 Unsuitable applicant

10 Transfer of datacasting licences

11 Surrender of datacasting licences

12 ACMA to maintain Register of datacasting licences

Part 3—Conditions of datacasting licences

Division 1—Genre conditions

13 Category A television programs

14 Condition relating to category A television programs

15 Category B television programs

16 Condition relating to category B television programs

17 Genre conditions do not apply to Parliamentary proceedings etc.

18 Genre conditions do not apply to matter that consists of no more than text or still visual images etc.

18A Genre conditions do not apply to advertising or sponsorship material

19 Genre conditions do not apply to interactive computer games

20 Genre conditions do not apply to internet carriage services or ordinary email

20AA Genre conditions do not apply to certain content copied from the internet

Division 2—Audio content condition

21 Audio content condition

22 Audio content condition does not apply to Parliamentary proceedings etc.

23 Audio content condition does not apply to matter that consists of no more than text or still visual images etc.

23A Audio content condition does not apply to advertising or sponsorship material

Division 2A—Genre conditions: anti-avoidance

23B Anti-avoidance—declared internet carriage services

Division 3—Other conditions

24 General conditions

25 Suitability condition

26 Additional conditions imposed by the ACMA

27 Restricted access system

Division 4—Exemption orders for content copied from the internet

27A Exemption orders in relation to content copied from the internet

Part 4—Codes of practice

28 Development of codes of practice

30 ACMA to maintain Register of codes of practice

31 ACMA may determine standards where codes of practice fail or where no code of practice developed

32 Consultation on standards

33 Notification of determination or variation or revocation of standards

34 Limitation of ACMA’s power in relation to standards

35 This Part does not apply to internet carriage services or ordinary email

35A This Part does not apply to the ABC or SBS

Part 5—Complaints to the ACMA about datacasting services

36 Complaints about offences or breach of licence conditions

37 Complaints under codes of practice

38 Investigation of complaints by the ACMA

Part 6—Control of datacasting transmitter licences

41 Datacasting transmitter licences not to be controlled by ABC or SBS

Part 7—Nominated datacaster declarations

42 Object of this Part

43 Datacasting transmitter licence

44 Applications for nominated datacaster declarations

45 Making a nominated datacaster declaration

46 Effect of nominated datacaster declaration

47 Revocation of nominated datacaster declaration

48 Register of nominated datacaster declarations

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

50 Remedial directions—unlicensed datacasting services

51 Exemption for broadcasting licensees etc.

51A Exemption for designated teletext services

Division 2—Breaches of licence conditions

52 Offence for breach of conditions

52A Civil penalty provision relating to breach of conditions of datacasting licences

53 Remedial directions—breach of conditions

54 Suspension and cancellation

55 Injunctions

56 Federal Court’s powers relating to injunctions

57 Stay of proceedings relating to additional licence conditions, remedial directions and suspension/cancellation decisions

Part 9—Review of decisions

58 Review by the Administrative Appeals Tribunal

59 Notification of decisions to include notification of reasons and appeal rights

Schedule 7—Content services

Part 1—Introduction

1 Simplified outline

2 Definitions

3 Australian connection

4 Hosting service

5 Content service provider

6 When content is provided by a content service

7 When content service is provided to the public etc.

8 Links to content

9 Services supplied by way of a voice call or video call

9A Ancillary subscription television content service

10 Classification of live content etc.

11 Eligible electronic publication

12 Re-transmitted broadcasting services

13 Re-transmitted datacasting services

14 Restricted access system

15 R 18+ content and MA 15+ content

16 Content that consists of a film

17 Extended meaning of use

18 Trained content assessor

19 Extra-territorial application

Part 2—Classification of content

Division 1—Prohibited content and potential prohibited content

20 Prohibited content

21 Potential prohibited content

Division 2—Classification of content

22 Applications for classification of content

23 Classification of content

24 Classification of content that consists of a film, a computer game or an eligible electronic publication

25 Classification of content that does not consist of a film, a computer game or an eligible electronic publication

26 Deemed classification of content classified under Schedule 5

27 Fees

Division 3—Reclassification

28 Reclassification of content

29 Notice of intention to reclassify content

Division 4—Review of classification decisions

Subdivision A—Review of classification of content

30 Persons who may apply for review

31 Applications for review

32 Classification Review Board may refuse to deal with review applications that are frivolous etc.

33 Review

Subdivision B—Review of content that consists of a film or a computer game

34 Review of classification of content that consists of a film or a computer game

Subdivision C—Review of content that consists of an eligible electronic publication

35 Review of classification of content that consists of an eligible electronic publication

Division 5—Miscellaneous

36 Decisions of the Classification Board etc.

Part 3—Complaints to, and investigations by, the Commissioner

Division 1—Making of complaints to the Commissioner

37 Complaints about prohibited content or potential prohibited content

38 Complaints relating to breach of a designated content/hosting service provider rule etc.

39 Form of complaint

40 Recordings of live content

41 Residency etc. of complainant

42 Escalation of complaints made under industry codes etc.

Division 2—Investigations by the Commissioner

44 Commissioner may investigate matters

45 Conduct of investigations

46 Protection from civil proceedings

Division 3—Action to be taken in relation to hosting services

47 Action to be taken in relation to hosting services

48 Revocation of interim take-down notices—voluntary withdrawal of content

49 Revocation of final take-down notices—reclassification of content

50 Revocation of final take-down notices—reclassification of content that consists of a film or a computer game

51 Revocation of final take-down notices—reclassification of a corresponding print publication

52 Anti-avoidance—special take-down notices

53 Compliance with rules relating to prohibited content etc.

54 Identification of content

55 Application of notices under this Division

Division 4—Action to be taken in relation to live content services

56 Action to be taken in relation to live content services

57 Undertaking—alternative to service-cessation notice

58 Revocation of service-cessation notices—undertaking

59 Revocation of final service-cessation notices—reclassification of content

59A Anti-avoidance—special service-cessation notices

60 Compliance with rules relating to prohibited content etc.

61 Identification of content

Division 5—Action to be taken in relation to links services

62 Action to be taken in relation to links services

63 Revocation of interim link-deletion notices—voluntary deletion of link

64 Revocation of final link-deletion notices—reclassification of content

65 Revocation of final link-deletion notices—reclassification of content that consists of a film or a computer game

66 Revocation of final link-deletion notices—reclassification of a corresponding print publication

67 Anti-avoidance—special link-deletion notices

68 Compliance with rules relating to prohibited content etc.

Division 6—Law enforcement agencies

69 Referral of matters to law enforcement agencies

70 Deferral of action in order to avoid prejudicing a criminal investigation—hosting services

71 Deferral of action in order to avoid prejudicing a criminal investigation—live content services

72 Deferral of action in order to avoid prejudicing a criminal investigation—links services

Part 4—Industry codes and industry standards

Division 1—Simplified outline

73 Simplified outline

Division 2—Interpretation

74 Industry codes

75 Industry standards

76 Content activity

77 Sections of the content industry

78 Participants in a section of the content industry

79 Designated body

Division 3—General principles relating to industry codes and industry standards

80 Statement of regulatory policy

81 Matters that must be dealt with by industry codes and industry standards—commercial content providers

82 Examples of matters that may be dealt with by industry codes and industry standards

83 Escalation of complaints

84 Collection of personal information

Division 4—Industry codes

85 Registration of industry codes

86 Commissioner may request codes

87 Publication of notice where no body or association represents a section of the content industry

88 Replacement of industry codes

89 Compliance with industry codes

90 Formal warnings—breach of industry codes

Division 5—Industry standards

91 Commissioner may determine an industry standard if a request for an industry code is not complied with

92 Commissioner may determine industry standard where no industry body or association formed

93 Commissioner may determine industry standards—total failure of industry codes

94 Commissioner may determine industry standards—partial failure of industry codes

95 Compliance with industry standards

96 Formal warnings—breach of industry standards

97 Variation of industry standards

98 Revocation of industry standards

99 Public consultation on industry standards

100 Consultation with designated body

Division 6—Register of industry codes and industry standards

101 Commissioner to maintain Register of industry codes and industry standards

Division 7—Miscellaneous

102 Industry codes may provide for matters by reference to other instruments

103 Industry standards may provide for matters by reference to other instruments

Part 5—Designated content/hosting service provider determinations

104 Designated content/hosting service provider determinations

105 Exemptions from designated content/hosting service provider determinations

Part 6—Enforcement

106 Compliance with designated content/hosting service provider rules—offence

107 Compliance with designated content/hosting service provider rules—civil penalty provision

108 Remedial directions—breach of designated content/hosting service provider rules

109 Formal warnings—breach of designated content/hosting service provider rules

110 Federal Court may order a person to cease providing designated content/hosting services

Part 7—Protection from civil and criminal proceedings

111 Protection from civil proceedings—service providers

112 Protection from criminal proceedings—Commissioner, Classification Board and Classification Review Board

Part 8—Review of decisions

113 Review by the Administrative Appeals Tribunal

Part 9—Miscellaneous

114 Additional Commissioner functions

115 Recordings of content etc.

116 Samples of content to be submitted for classification

117 Service of summons, process or notice on corporations incorporated outside Australia

117A Meaning of broadcasting service

119 This Schedule does not limit Schedule 5

120 This Schedule does not limit the Telecommunications Act 1997

121 Implied freedom of political communication

122 Concurrent operation of State and Territory laws

123 Schedule not to affect performance of State or Territory functions

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

TOC

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Federal Register of Legislation - Australian Government

Primary content

Broadcasting Services Act 1992