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BROADCASTING SERVICES ACT 1992


TABLE OF PROVISIONS

           Long Title

   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
           SCHEDULE 2 Standard conditions
           SCHEDULE 4 Digital television broadcasting
           SCHEDULE 5 Online services
           SCHEDULE 6 Datacasting services
           SCHEDULE 7 Content services


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