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BROADCASTING SERVICES ACT 1992 - SECT 218 Channel sharing

BROADCASTING SERVICES ACT 1992 - SECT 218

Channel sharing

  (1)   The regulations may make provision for the allocation by the ACMA of additional commercial television broadcasting licences, commercial radio broadcasting licences and community broadcasting licences on the application of an existing licensee.

  (2)   Those additional licences are:

  (a)   to be allocated to a person other than the licensee; and

  (b)   to allow the provision of broadcasting services with the use of the same part of the broadcasting services bands or other means of delivery as is used by the licensee.

  (3)   The provisions of this Act, other than the provisions dealing with advertising for or allocating licences, apply to those additional licences.

  (4)   If such an additional licence would use a part of the broadcasting services bands being used by a community broadcasting licensee, services under that licence can only be provided with the approval of the ACMA.

  The ACMA must maintain a Register of Foreign Owners of Media Assets.

  The Register of Foreign Owners of Media Assets must set out, for each Australian media company, information about each foreign stakeholder in the company.

  Foreign stakeholders must notify the ACMA of their company interests in Australian media companies.

  This Division requires subscription television broadcasting licensees to ensure the maintenance of minimum levels of expenditure on new eligible drama programs .

  An eligible drama program is a drama program that is an Australian program, an Australian/New Zealand program, a New Zealand program or an Australian official co - production.

  If a licensee provides a subscription TV drama service, expenditure on new eligible drama programs for each financial year must be at least 10% of total program expenditure.

  If a channel provider supplies a channel that is televised on a subscription TV drama service, the 10% expenditure requirement is calculated by reference to the expenditure incurred by the channel provider.

  If a channel provider supplies a channel that is televised on a subscription TV drama service and the 10% expenditure requirement is not met for a particular financial year, the shortfall will have to be made up in the next financial year.

  If expenditure on new eligible drama programs for a financial year exceeds the 10% expenditure requirement, the excess expenditure may be carried forward to the next financial year.

  Licensees and channel providers are required to lodge annual returns about their program expenditure.

  Unless the ACMA gives permission, a subscription television broadcasting licensee, or a related body corporate, must not provide a television service in a regional area if 3 or more consecutive program items transmitted on that service are identical to any 3 or more consecutive program items transmitted by a metropolitan commercial television broadcasting licensee during prime viewing hours.

  Applications may be made to the ACMA for the allocation of international broadcasting licences.

  The ACMA may only reject an application for the allocation of an international broadcasting licence to a person if:

  (a)   the ACMA is not satisfied that the person is an Australian company; or

  (b)   the ACMA is not satisfied that the person is a suitable applicant; or

  (c)   the Minister for Foreign Affairs is of the opinion that the international broadcasting service is likely to be contrary to Australia's national interest.

  A licensee must keep records of broadcasts for 90 days.

  An international broadcasting licence may only be cancelled if:

  (a)   the licensee does not commence to provide an international broadcasting service within 2 years; or

  (b)   the Minister for Foreign Affairs is of the opinion that the international broadcasting service is likely to be contrary to Australia's national interest.

  The ACMA may make declarations ( nominated broadcaster declarations ) that allow international broadcasting licences and related transmitter licences to be held by different persons, so long as the transmitter licence is held by an Australian company.

  If a nominated broadcaster declaration is in force:

  (a)   the international broadcasting licence may be issued to a company that is not an Australian company; and

  (b)   the holder of the transmitter licence must keep records of broadcasts for 90 days; and

  (c)   the holder of the transmitter licence may receive notices on behalf of the holder of the international broadcasting licence.

  Industry codes may be registered by the ACMA.

  The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.

  Compliance with industry standards is mandatory.

  A conditional access scheme is a scheme that sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section   38C.

  The ACMA may register a conditional access scheme developed by a body or association that represents commercial television broadcasting licensees.

  If no conditional access scheme is developed by a body or association that represents commercial television broadcasting licensees, the ACMA may formulate and register a conditional access scheme.

  Broadcasters must comply with rules and standards relating to captioning of television programs for the deaf and hearing impaired.

  This Part sets up a regime to discourage commercial television broadcasting licensees, program suppliers, the ABC and the SBS from hoarding rights to provide live television coverage of certain events or series of events.

  The Minister may, by legislative instrument, designate the events or series that are covered by this Part. The instrument must also specify an offer time for the event or series. The offer time must occur 30 days or more before the start of the event or series unless the Minister is satisfied that the offer time should occur closer to the start of the event or series.

  If a commercial television broadcasting licensee acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the licensee must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC and the SBS. The offer must remain open for acceptance for a minimum period of 7 days.

  If a commercial television broadcasting licensee's program supplier is entitled to confer on the licensee a right to provide live television coverage of a designated event or series, but does not confer the right to televise the whole or a part of the event or series, the program supplier must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC and the SBS. The offer must remain open for acceptance for a minimum period of 7 days.

  If the ABC acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the ABC must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the SBS. The offer must remain open for acceptance for a minimum period of 7 days.

  If the SBS acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the SBS must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC. The offer must remain open for acceptance for a minimum period of 7 days.

  The ACMA must make assessments of interim tax.

  Interim tax is due and payable 28 days after the assessment is given to the person to whom the assessment relates.

  There is a penalty for late payment of interim tax.

  Schemes to avoid interim tax are prohibited.

  Pecuniary penalties are payable for contraventions of civil penalty provisions.

  The Federal Court may grant injunctions in relation to contraventions of subsection   121FG(3) or section   136A, 136B, 136C, 136D or 136E or subclause   49(3) of Schedule   6 (which deal with the provision of unlicensed services).

  The Federal Court may also grant injunctions in relation to contraventions of section   26AA (which deals with television licence area plans).

  The Federal Court may also grant injunctions in relation to transactions that are prohibited under Division   5A of Part   5 (which deals with media diversity).

  A person may give the ACMA an enforceable undertaking about compliance with this Act or a registered code of practice.

  This Part sets up a system of infringement notices for contraventions of a designated infringement notice provision as an alternative to the institution of court proceedings.

  The ACMA may, on behalf of the Commonwealth, make a grant of financial assistance to:

  (a)   a publisher of a newspaper, magazine or other periodical; or

  (b)   a content service provider.

  A grant must be in respect of:

  (a)   the financial year commencing on 1   July 2018; or

  (b)   the financial year commencing on 1   July 2019; or

  (c)   the financial year commencing on 1   July 2020.

  The Minister may constitute an advisory committee to advise the ACMA.

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