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Declarations/Other as amended, taking into account amendments up to Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2016 (No. 1)
Administered by: Communications and the Arts
Registered 26 Jul 2016
Start Date 20 Jul 2016
Table of contents.

Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010

as amended

made under clause 41G of Schedule 4 to the

Compilation No. 13

Compilation date:                               20 July 2016

Includes amendments up to:               Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2016 (No. 1)

Prepared by the Australian Communications and Media Authority

 


Contents

1                                       Name of Declaration                                                                           3

2                                       Commencement                                                                                  3

3                                       Definitions                                                                                          3

4                                       Declaration of primary commercial television broadcasting service – services in the broadcasting services bands                                                                                   3

6                                       Declaration of primary commercial television broadcasting service – satellite services           4

Schedule 1                  Primary commercial television broadcasting services – services in the broadcasting services bands                                                                                                5

Schedule 3                  Primary commercial television broadcasting services – satellite services 8

Notes to the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 9

 


  

  

1              Name of Declaration [see Note 1]

                This Declaration is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010.

2              Commencement [see Note 1]

                This Declaration commences on the day after it is registered.

3              Definitions

                In this Declaration:

Act means the Broadcasting Services Act 1992.

multi-channelled commercial television broadcasting service means either a SDTV multi-channelled commercial television broadcasting service as defined by clause 5A of Schedule 4 to the Act, or a HDTV multi-channelled commercial television broadcasting service as defined by clause 5B of Schedule 4 to the Act.

Note   For the definitions of other expressions used in this Declaration, see section 6 of the Act.

4              Declaration of primary commercial television broadcasting service – services in the broadcasting services bands

         (1)   Under subclause 41G(2) of Schedule 4 to the Act, the ACMA declares that the multi-channelled commercial television broadcasting service specified in column 4 of an item in the table in Schedule 1 is the primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.

         (3)   In determining whether a particular multi-channelled commercial television broadcasting service is specified in column 4 of the table in Schedule 1, regard may be had to:

                (a)    any watermark or image that:

                          (i)    is displayed during programs provided as part of the service; and

                         (ii)    identifies the service; and

               (b)    any name or logo used in relation to the service in publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.

         (4)   Subsection (3) does not limit the matters to which regard may be had in determining whether an multi-channelled commercial television broadcasting service is the service specified in column 4 of the table in Schedule 1.

6              Declaration of primary commercial television broadcasting service – satellite services

         (1)   Under subclause 41G(4) of Schedule 4 to the Act, the ACMA declares that each of the multi-channelled commercial television broadcasting services specified in column 4 of an item in the table in Schedule 3 is a primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.

         (3)   In determining whether a particular multi-channelled commercial television broadcasting service is specified in column 4 of the table in Schedule 3, regard may be had to:

                (a)    any watermark or image that:

                          (i)    is displayed during programs provided as part of the service; and

                         (ii)    identifies the service; and

               (b)    any name or logo used in relation to the service in publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.

         (4)   Subsection (3) does not limit the matters to which regard may be had in determining whether a multi-channelled commercial television broadcasting service is the service specified in column 4 of the table in Schedule 3.


Schedule 1        Primary commercial television broadcasting services – services in the broadcasting services bands

(section 4)

  

Table 1  Primary commercial television broadcasting services

 

Item

Column 1

Licence Area

Column 2

Service licence number

Column 4

Primary Commercial Television Broadcasting Service

1

Mildura/Sunraysia TV1

SL10088

WINHD

2

Mildura/Sunraysia TV1

SL10089

PRIME7

3

Mildura/Sunraysia TV1

SL1150827

9

4

Spencer Gulf TV1

SL10234

Southern Cross Television

5

Spencer Gulf TV1

SL1150798

Southern Cross TEN

6

Spencer Gulf TV1

SL1130142

9

7

Broken Hill TV1

SL10241

Southern Cross Television

8

Broken Hill TV1

SL1150797

Southern Cross TEN

9

Broken Hill TV1

SL1130143

9

10

Mount Gambier/South East TV1

SL10330

WINHD

11

Mount Gambier/South East TV1

SL1150799

9

12

Mount Gambier/South East TV1

SL1130144

7HD

13

Riverland TV1

SL10174

WINHD

14

Riverland TV1

SL1150796

9

15

Riverland TV1

SL1130145

7HD

16

Regional Victoria TV1

SL103

PRIME7

17

Regional Victoria TV1

SL107

WINHD

18

Eastern Victoria TV1

SL106

9

19

Western Victoria TV1

SL104

9

20

Griffith and Murrumbidgee Irrigation Area (MIA) TV1

SL10104

WINHD

21

Griffith and Murrumbidgee Irrigation Area (MIA) TV1

SL10103

7HD

22

Griffith and Murrumbidgee Irrigation Area (MIA) TV1

SL1130146

9

23

Southern NSW TV1

SL85

9

24

Southern NSW TV1

SL90

PRIME7

25

Southern NSW TV1

SL99

WINHD

26

Adelaide TV1

SL120

TEN

27

Adelaide TV1

SL121

9

28

Adelaide TV1

SL122

7

29

Tasmania TV1

SL132

WINHD

30

Tasmania TV1

SL133

Southern Cross Television

31

Tasmania TV1

SL1150806

9

32

Perth TV1

SL10161

7

33

Perth TV1

SL10162

9

34

Perth TV1

SL10163

TEN

35

Brisbane TV1

SL109

7

36

Brisbane TV1

SL110

9

37

Brisbane TV1

SL111

TEN

38

Regional Queensland TV1

SL113

9

39

Regional Queensland TV1

SL115

7

40

Regional Queensland TV1

SL116

WINHD

41

Geraldton TV1

SL10418

GWN7

42

Geraldton TV1

SL1130046

9

43

Kalgoorlie TV1

SL10416

GWN7

44

Kalgoorlie TV1

SL1130048

9

45

South West and Great Southern TV1

SL10417

GWN7

46

South West and Great Southern TV1

SL1130049

9

47

Western Zone TV1

SL4747

GWN7

48

Western Zone TV1

SL1130047

9

49

Remote and Regional Western Australia TV1

SL10048

WINHD

50

Darwin TV1

SL10172

9

51

Darwin TV1

SL10173

Southern Cross Television

52

Darwin TV1

SL1130013

TEN Darwin

53

Northern NSW TV1

SL94

9NBN

54

Northern NSW TV1

SL95

PRIME7

55

Northern NSW TV1

SL96

Southern Cross TEN

56

Sydney TV1

SL86

7

57

Sydney TV1

SL87

9

58

Sydney TV1

SL88

TEN

59

Melbourne TV1

SL100

TEN

60

Melbourne TV1

SL101

9

61

Melbourne TV1

SL102

7

62

Remote Central and Eastern Australia TV1

SL2898

Imparja

63

Remote Central and Eastern Australia TV2

SL4285

Southern Cross Television

64

Remote Central and Eastern Australia TV2

SL1130050

Central Digital Television

65

Mt Isa TV1

SL114

Southern Cross Television

66

Mt Isa TV1

SL1130051

Central Digital Television

Note   Column 1 is included for information only.

 

Schedule 3        Primary commercial television broadcasting services – satellite services

(section 6)

  

Table 1  Primary commercial television broadcasting services

 

Item

Column 1

Licence Area

Column 2

Service licence number

Column 4

Primary Commercial Television Broadcasting Service(s)

1

South Eastern Australia TV3

SL1130135

CDT (TEN)

Imparja

Southern Cross Television

2

Northern Australia TV3

SL1130136

CDT (TEN)

Imparja

Southern Cross Television

3

Western Australia TV3

SL1130166

GWN7

WINHD

9

Note   Column 1 is included for information only.

 


Notes to the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010

Note 1

The Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 (in force under clause 41G of Schedule 4 to the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Amending Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010

28 June 2010 (see F2010L01830)

29 June 2010

 

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No. 1)

13 Aug 2010 (see F2010L02282)

14 Aug 2010

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No. 2)

16 Nov 2010 (see F2010L03004)

17 Nov 2010

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No. 3)

14 Dec 2010 (see F2010L03244)

15 Dec 2010

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No. 1)

3 May 2011 (see F2011L00671)

4 May 2011

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No. 2)

3 May 2011 (see F2011L00674)

4 May 2011

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2012 (No.1)

9 February 2012 (see F2012L00225)

10 February 2012

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2012 (No.2)

21 March 2012 (see F2012L00635)

22 March 2012

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2012 (No.3)

4 June 2012 (see F2012L01151)

5 June 2012

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2013 (No.1)

27 March 2013 (see F2013L00568)

28 March 2013

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2013 (No.2)

27 May 2013 (see F2013L00852)

28 May 2013

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2013 (No.3)

28 November 2013 (see F2013L01999)

29 November 2013

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2015 (No, 1)

13 March 2015 (see F2015L00293)

14 March 2015

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2015 (No. 2)

30 September 2015 (see F2015L01535)

1 October 2015

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2016 (No. 1)

19 July 2016 (see F2016L01186)

20 July 2016

Table of Amendments

Abbreviation Key: ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted exp, = expired or ceased to have effect

Provision affected

How affected

S. 3.........................................

am. 2010 No. 3; am. 2015 No.1; am. 2015 No. 2

S. 4.........................................

am. 2015 No. 1; am. 2015 No. 2

S. 5.........................................

ad. 2010 No. 1; rep. 2015 No. 1

S. 6.........................................

ad. 2010 No. 3; am. 2015 No. 1; am. 2015 No.2

Schedule 1

 

Table 1...................................

am. 2010 No. 3; am. 2011 No. 1; am. 2012 No. 3; am. 2013 No.1;

am. 2013 No.2; am. 2013 No. 3; am. 2015 No. 1; rs. 2016 No. 1

Schedule 2

 

Table 1...................................

ad. 2010 No. 1; am. 2010 No. 2; am. 2011 No. 2; am. 2012 No. 2; am. 2013 No.2; am. 2013 No. 3; rep. 2015 No. 1

Schedule 3

 

Table 1...................................

ad. 2010 No. 3; am. 2012 No. 1; am. 2013 No. 3; am. 2015 No. 1; rs. 2016 No. 1