BROADCASTING SERVICES ACT 1992
Table of Provisions
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
- 8AE Local content exemption period--regional commercial radio broadcasting licensee
- 8AF Regional racing service radio licence
- 8B Remote Indigenous community
- 9 Act to bind the Crown
- 10 Extension of Act to the external Territories
- 10A Application of the
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
- 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
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
- 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
- 53 Limitation on control of commercial television broadcasting licences
- 54 Limitation on control of commercial radio broadcasting licences DIVISION 3--Limitation on directorships
- 55 Limitation on numbers of directorships--television
- 56 Limitation on numbers of directorships--radio DIVISION 5--Newspapers associated with licence areas
- 59 Newspapers associated with commercial television or radio broadcasting licence areas DIVISION 5A--Media diversity
- 61AA Definitions
- 61AB Unacceptable media diversity situation
- 61AC Points
- 61AD Statutory control rules
- 61AE Shared content test
- 61AF Overlapping licence areas
- 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
- 61AN Remedial directions--unacceptable media diversity situation
- 61AP Extension of time for compliance with remedial direction
- 61AQ Breach of remedial direction--offence
- 61AR Breach of remedial direction--civil penalty
- 61AS Acceptance of undertakings
- 61AT Enforcement of undertakings
- 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
- 61CA Definitions
- 61CAA This Division does not apply in relation to certain licences
- 61CB Trigger event
- 61CC What is local?
- 61CD Licensee must meet minimum service standards for local news and information
- 61CE Minimum service standards for local news and information
- 61CF Licensee must prepare and publish local content statements
- 61CG Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings
- 61CH ACMA's information-gathering powers
- 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 DIVISION 5D--Local programming requirements for regional commercial television broadcasting licensees
- 61CU Definitions
- 61CV Trigger event
- 61CW Local programming requirements for regional aggregated commercial television broadcasting licensees
- 61CX Local programming requirements for regional non-aggregated commercial television broadcasting licensees
- 61CY Points system
- 61CYA Modifications relating to designated Western Australian commercial television broadcasting licences
- 61CYB When designated Western Australian commercial television broadcasting licences are under common control
- 61CZ Local programming determination
- 61CZA Record-keeping requirements
- 61CZB Licensee must submit compliance reports
- 61CZC Review of local programming requirements
- 61CZD Minister may direct the ACMA about the exercise of its powers DIVISION 6--Notification provisions
- 63 Requirement to notify changes in control
- 65A Strict liability offence
- 65B Designated infringement notice provision 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 10A--Register of Foreign Owners of edia Assets
- 74A Simplified outline of this Division
- 74B Definitions
- 74C Foreign stakeholder
- 74D Register of Foreign Owners of Media Assets
- 74E Information to be set out in the Register of Foreign Owners of Media Assets
- 74F Notification by a person who becomes a foreign stakeholder in an Australian media company
- 74G Notification by a person who ceases to be a foreign stakeholder in an Australian media company
- 74H Notification by a person who is a foreign stakeholder in an Australian media company at the end of a financial year
- 74J Notification by a person who is a foreign stakeholder in an Australian media company at the commencement of this Division
- 74K Notification by a person who is a foreign stakeholder in an Australian media company--requirement by the ACMA
- 74L Requirement for executors, administrators and liquidators to give notification
- 74M Person may give the ACMA relevant information
- 74N Minister may direct the ACMA about the performance of its functions or the exercise of its powers
- 74P Service of summons, process or notice on corporations incorporated outside Australia
- 74Q Extra-territorial application
- 74R Annual report
- 74S Part 13 not limited
- 74T Liability for damages
- 74U Review of this Division etc. 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 Allocation of 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
- 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
- 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
- 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
- 103T 10% minimum eligible drama expenditure--licensee supplies all program material
- 103TA Carry-forward eligible drama expenditure
- 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
- 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
- 103Z 10% minimum eligible drama expenditure--licensee supplies part of program material
- 103ZAA Carry-forward eligible drama expenditure
- 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
- 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
- 121H Australian content: transmission quota for regional/remote commercial television broadcasting licensees
- 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
- 125A ACMA must determine a gambling promotion program standard if directed by the Minister
- 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
- 130ZKB Definition of
- 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
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 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 14AA--COLLECTION--AND RECOVERY OF INTERIM TAX
- 205AA Simplified outline of this Part
- 205AB Assessments
- 205AC When interim tax becomes due and payable
- 205AD Recovery of interim tax
- 205AE Refund of overpayment of interim tax
- 205AF Late payment penalty
- 205AG Anti-avoidance
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
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 14F--GRANTS
- 205ZG Simplified outline of this Part
- 205ZH Grants
- 205ZJ Terms and conditions for grants
- 205ZK Advisory committee
- 205ZL Annual report
- 205ZM Short title of amending Act does not limit the powers conferred by this Part
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)
- 216AA Review of taxation arrangements etc.
- 216C Schedule 6 (datacasting services)
- 216D Schedule 7 (content services)
- 216E Schedule 8 (online content services)
- 217 Regulations
- 218 Channel sharing