BROADCASTING SERVICES ACT 1992 - SECT 130ZX Exemptions--certain subscription television services provided before 1 July 2022

BROADCASTING SERVICES ACT 1992 - SECT 130ZX

Subscription television movie services

  (1)   If:

  (a)   a subscription television licensee provides more than 11 subscription television movie services in a financial year beginning before 1   July 2022; and

  (b)   the licensee has complied with subsection   130ZV(1) in relation to at least 11 of those services for the financial year; and

  (c)   the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television movie services that:

  (i)   are covered by paragraph   (a); and

  (ii)   are not covered by paragraph   (b);

    to be exempt services for the financial year; and

  (d)   the total number of nominated services does not exceed the number worked out using the formula in subsection   (2);

subsection   130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.

  (2)   The formula is:

where:

"exemption percentage" means the exemption percentage for the financial year.

Note:   See subsection   (11).

Subscription television general entertainment services

  (3)   If:

  (a)   a subscription television licensee provides more than 43 subscription television general entertainment services in a financial year beginning before 1   July 2022; and

  (b)   the licensee has complied with subsection   130ZV(1) in relation to at least 43 of those services for the financial year; and

  (c)   the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television general entertainment services that:

  (i)   are covered by paragraph   (a); and

  (ii)   are not covered by paragraph   (b);

    to be exempt services for the financial year; and

  (d)   the total number of nominated services does not exceed the number worked out using the formula in subsection   (4);

subsection   130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.

  (4)   The formula is:

where:

"exemption percentage" means the exemption percentage for the financial year.

Note:   See subsection   (11).

Subscription television news services

  (5)   If:

  (a)   a subscription television licensee provides more than 3 subscription television news services in a financial year beginning before 1   July 2022; and

  (b)   the licensee has complied with subsection   130ZV(1) in relation to at least 3 of those services for the financial year; and

  (c)   the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television news services that:

  (i)   are covered by paragraph   (a); and

  (ii)   are not covered by paragraph   (b);

    to be exempt services for the financial year; and

  (d)   the total number of nominated services does not exceed the number worked out using the formula in subsection   (6);

subsection   130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.

  (6)   The formula is:

where:

"exemption percentage" means the exemption percentage for the financial year.

Note:   See subsection   (11).

Subscription television sports services

  (7)   If:

  (a)   a subscription television licensee provides more than 7 subscription television sports services in a financial year beginning before 1   July 2022; and

  (b)   the licensee has complied with subsection   130ZV(1) in relation to at least 7 of those services for the financial year; and

  (c)   the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television sports services that:

  (i)   are covered by paragraph   (a); and

  (ii)   are not covered by paragraph   (b);

    to be exempt services for the financial year; and

  (d)   the total number of nominated services does not exceed the number worked out using the formula in subsection   (8);

subsection   130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.

  (8)   The formula is:

where:

"exemption percentage" means the exemption percentage for the financial year.

Note:   See subsection   (11).

Subscription television music services

  (9)   If:

  (a)   a subscription television licensee provides more than 6 subscription television music services in a financial year beginning before 1   July 2022; and

  (b)   the licensee has complied with subsection   130ZV(1) in relation to at least 6 of those services for the financial year; and

  (c)   the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television music services that:

  (i)   are covered by paragraph   (a); and

  (ii)   are not covered by paragraph   (b);

    to be exempt services for the financial year; and

  (d)   the total number of nominated services does not exceed the number worked out using the formula in subsection   (10);

subsection   130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.

  (10)   The formula is:

where:

"exemption percentage" means the exemption percentage for the financial year.

Exemption percentage

  (11)   For the purposes of this section, the exemption percentage for a financial year is:

  (a)   in the case of the financial year beginning on 1   July 2012--100%; or

  (b)   in the case of the financial year beginning on 1   July 2013--100%; or

  (c)   in the case of the financial year beginning on 1   July 2014--100%; or

  (d)   in the case of the financial year beginning on 1   July 2015--80%; or

  (e)   in the case of the financial year beginning on 1   July 2016--80%; or

  (f)   in the case of the financial year beginning on 1   July 2017--60%; or

  (g)   in the case of the financial year beginning on 1   July 2018--60%; or

  (h)   in the case of the financial year beginning on 1   July 2019--40%; or

  (i)   in the case of the financial year beginning on 1   July 2020--40%; or

  (j)   in the case of the financial year beginning on 1   July 2021--20%.

Rounding

  (12)   If the number worked out using the formula in subsection   (2), (4), (6), (8) or (10) is not a whole number, the number is to be rounded up to the nearest whole number.

Exclusion of time - shifting services and high definition services

  (13)   This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:

  (a)   transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or

  (b)   simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee.