Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020

made under clause 41G of Schedule 4 to the

Broadcasting Services Act 1992

Compilation No. 1

Compilation date:                              17 August 2021

Includes amendments up to:            F2021L01120

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Broadcasting Services (Primary Commercial Television Broadcasting Service) Determination 2020 that shows the text of the law as amended and in force on 17 August 2021 (the compilation date).

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 the Federal Register of Legislation (www.legislation.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 the Federal Register of Legislation 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 the Federal Register of Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1              Name of Declaration

                This is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020.

3              Authority

                This instrument is made under clause 41G of Schedule 4 to the Broadcasting Services Act 1992.          

5              Definitions

                In this instrument:

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 instrument, see section 6 of the Act.

6              Reference to other instruments

                In this instrument, unless the contrary intention appears:

                     (a)  a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

                     (b)  a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1:       For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:       All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

7              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 3 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.

         (2)   In determining whether a particular multi-channelled commercial television broadcasting service is a service specified in column 3 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 a 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.

         (3)   Subsection (2) 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 3 of the table in Schedule 1.

8              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 3 of an item in the table in Schedule 2 is a primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.

         (2)   In determining whether a particular multi-channelled commercial television broadcasting service is a service specified in column 3 of the table in Schedule 2, 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 a 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.

         (3)   Subsection (2) 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 3 of the table in Schedule 2.

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

(section 7)

Table 1  Primary commercial television broadcasting services

Note   Column 1 is included for information only. Licence area refers to the licence area specified by the ACMA in licence area plans made under section 26 of the Act, which are legislative instruments available free of charge on the Federal Register of Legislation at www.legislation.gov.au

Schedule 2        Primary commercial television broadcasting services – satellite services

(section 8)

Table 1  Primary commercial television broadcasting services

Note   Column 1 is included for information only. Licence area refers to the licence area specified by the ACMA in licence area plans made under section 26 of the Act, which are legislative instruments available free of charge on the Federal Register of Legislation at www.legislation.gov.au

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) 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.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that 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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history