BROADCASTING SERVICES ACT 1992 - SECT 212 Special provisions for re - transmission of programs
BROADCASTING SERVICES ACT 1992 - SECT 212
Special provisions for re - transmission of programs(1) Subject to this section, the regulatory regime established by this Act does not apply to a service that does no more than:
(a) re - transmit programs that are transmitted by a national broadcasting service; or
(b) re - transmit programs that are transmitted by a commercial broadcasting licensee or a community broadcasting licensee:
(i) within the licence area of that licence; or
(ii) outside the licence area of that licence in accordance with permission in writing given by the ACMA.
(2) No action, suit or proceeding lies against a person in respect of the re - transmission by the person of programs as mentioned in subsection (1).
(2A) However, the rule in subsection (2) does not prevent an action, suit or proceeding against a person under the Copyright Act 1968 for infringement of copyright subsisting in a work, a sound recording or a cinematograph film, where:
(a) the infringement is in respect of the re - transmission by the person of programs as mentioned in subsection (1); and
(b) the re - transmission is not provided by a self - help provider.
(2C) The Minister may give the ACMA a written direction about the exercise of the power conferred by subparagraph (1)(b)(ii).
(3) A reference in this section to a re - transmission does not include a reference to:
(a) a re - transmission by a commercial television broadcasting licensee of the programs transmitted by any of the licensee's commercial television broadcasting services; or
(aa) a re - transmission by a commercial radio broadcasting licensee of the programs transmitted by any of the licensee's commercial radio broadcasting services; or
(b) a re - transmission by a community broadcasting licensee (other than a designated community radio broadcasting licensee) of the programs transmitted by the licensee's community broadcasting service; or
(ba) a re - transmission by a designated community radio broadcasting licensee of the programs transmitted by any of the licensee's community radio broadcasting services; or
(c) a re - transmission by the Australian Broadcasting Corporation of the programs transmitted by any of its national broadcasting services, being national broadcasting services covered by paragraph 13(1)(a); or
(d) a re - transmission by the Special Broadcasting Service Corporation of the programs transmitted by any of its national broadcasting services.
"cinematograph film" has the same meaning as in the Copyright Act 1968 .
"self-help provider" has the meaning given by section 212A.
"sound recording" has the same meaning as in the Copyright Act 1968 .
"work" has the same meaning as in the Copyright Act 1968 .