BROADCASTING SERVICES ACT 1992 - SCHEDULE 2 Standard conditions

"election" means an election to a Parliament or a local government authority of a State or Territory.

(ii) in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration; or

(b) an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a person or persons and indicating that the person is a candidate, or one or more of the persons is or are candidates, at the election; or

(c) an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a particular political party where a candidate at the election belongs to that party.

"election matter" , in relation to an election, means matter of any of the following kinds:

(b) matter commenting on, or advocating support of, a political party to which a candidate at the election belongs;

(c) matter commenting on, stating or indicating any of the matters being submitted to the electors at the election or any part of the policy of a candidate at the election or of the political party to which a candidate at the election belongs;

(d) matter referring to a meeting held or to be held in connection with the election.

(a) in relation to an election to the Legislative Council of Tasmania, or an ordinary election to the Legislative Assembly of the Australian Capital Territory--the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and

(b) in relation to any other election to a Parliament--the period that starts on:

(i) the day on which the proposed polling day for the election is publicly announced; or

whichever happens first, and ends at the close of the poll on the polling day for the election; and

(c) in relation to an election to a local government authority--the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and

(d) in relation to a referendum whose voting day is the same as the polling day for an election to the Parliament of the Commonwealth--the election period in relation to that election; and

(e) in relation to any other referendum--the period that starts 33 days before the voting day for the referendum and ends at the close of voting on that day.

"person" includes a political party, a corporation and any other association (whether incorporated or unincorporated).

"political matter" means any political matter, including the policy launch of a political party.

"referendum" means the submission to the electors of a proposed law for the alteration of the Constitution, whether or not the proposal to make the submission has been announced.

"relevant period" , in relation to an election, means the period that commences at the end of the Wednesday before the polling day for the election and ends at the close of the poll on that polling day.

"required particulars" , in relation to a political matter that is broadcast, means:

(ii) the town, city or suburb in which the principal office of the political party is situated; and

(iii) the name of the natural person responsible for giving effect to the authorisation; and

(b) if the broadcasting of the political matter was authorised by a person other than a political party:

(i) the name of the person who authorised the broadcasting of the political matter; and

(ii) the town, city or suburb in which the person lives or, if the person is a corporation or association, in which the principal office of the person is situated; and

(c) the name of every speaker who, either in person or by means of a sound recording device, delivers an address or makes a statement that forms part of that matter.

"required period" , in relation to the keeping of a record in relation to political matter, means:

(a) subject to paragraph (b), the period of 6 weeks commencing on the day on which the matter was broadcast; or

(b) if the matter relates to an election or referendum and was broadcast during the election period in relation to the election or referendum--the period commencing on the day on which the matter was broadcast and ending:

(ii) if that period ends before the end of the election period in relation to the election or referendum--the day on which that election period ends;

or such longer period as the ACMA, before the end of that period, directs by notice in writing to the broadcaster concerned.

(1) For the purposes of this Schedule (other than
paragraphs 7(1)(a), 8(1)(a), 9(1)(a), 10(1)(a) and 11(1)(a)), a person is not taken to broadcast an advertisement if:

(a) the person broadcasts matter of an advertising character as an accidental or incidental accompaniment to the broadcasting of other matter; and

(b) the person does not receive payment or other valuable consideration for broadcasting the advertising matter.

(2) For the purposes of this Schedule (other than paragraph 9(1)(a)), the broadcasting by a community broadcasting licensee of:

(b) a sponsorship announcement that acknowledges financial support by a person of the licensee or of a program broadcast on a service provided under the licence, whether or not the announcement:

(i) specifies the name and address of, and a description of the general nature of any business or undertaking carried on by the person; or

(ii) promotes activities, events, products, services or programs of the person; or

(c) material that announces or promotes a service provided under the licence, including material (whether by way of the announcement or promotion of activities, events, products, services or otherwise) that is likely to induce public support, whether financially or otherwise, or to make use of, the service or services provided under the licence;

(2) If, during an election period, a broadcaster broadcasts election matter, the broadcaster must give reasonable opportunities for the broadcasting of election matter to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period.

(3) This clause does not require a broadcaster to broadcast any matter free of charge.

the broadcaster must not broadcast under the licence an election advertisement in relation to the election during the relevant period.

(c) a broadcasting service under the licence is normally received in the area of Australia to which the election relates;

the broadcaster must not broadcast an election advertisement in relation to the election during the relevant period as part of that service.

the broadcaster must not broadcast an election advertisement in relation to the election during the relevant period as part of the service.

(2) If a broadcaster broadcasts political matter at the request of another person, the broadcaster must, immediately afterwards, cause the required particulars in relation to the matter to be announced in a form approved in writing by the ACMA.

(3) A broadcaster must, in relation to political matter broadcast at the request of another person, keep a record of the name, address and occupation of the person or, if the person is a company, the name and the address of the principal office of the person for the required period and must give to the ACMA any particulars of the record that the ACMA, by written notice, requires.

(4) For the purposes of this clause, a person authorises the broadcasting of political matter only if the person is responsible for approval of the content of the political matter and the decision to present it for broadcasting.

(2) If a broadcaster broadcasts matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the broadcaster must cause a record of the matter to be made in a form approved in writing by the ACMA.

(3) Subject to this clause, a broadcaster must retain in his or her custody a record so made for a period of:

(b) if a complaint has been made about the matter--for 60 days from the date on which the matter was broadcast;

or for such longer period as the ACMA, in special circumstances, directs in writing.

(4) If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subclause (3), the person may give to the broadcaster a notice in writing informing the broadcaster that the record may be required for the purposes of the proceedings.

(5) If such a notice is given to a broadcaster in respect of a record, the broadcaster must, subject to this clause, retain the record until the proceedings or the proposed proceedings to which the notice relates have been finally determined.

(6) If the proceedings are not instituted within a period of 3 months after the notice is given to the broadcaster, subclause (5) ceases to apply to the record at the end of that period.

(7) The obligation imposed by this clause on a broadcaster to retain a record does not apply at any time when the record is in the custody of a court in connection with proceedings instituted in the court.

(8) If the ACMA is of the opinion that a matter of which a record has been made under this clause is of sufficient historic interest to justify its being permanently preserved, the ACMA may direct in writing a person who has custody of the record to deliver it for safe keeping to a person or authority specified by the ACMA, and the person to whom the direction is given must comply with the direction but is entitled to fair compensation.

(9) A broadcaster must, without charge, make available to the ACMA, upon request, any specified record made by the broadcaster under subclause (2) that has been retained by the broadcaster (whether or not the broadcaster is, at the time of the request, under an obligation to retain the record).

(2) A broadcaster must not broadcast an advertisement relating to therapeutic goods that is required to be approved under the Therapeutic Goods Act 1989 unless the text of the advertisement has been so approved.

(b) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;

(c) except in the case of a licence allocated under section 38C or subsection 40(1)--the articles of association of the licensee will at all times contain provisions under which:

(i) a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of this Act; and

(ii) the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of this Act continuing or of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in subparagraph (iii) or (iv); and

(iii) a person who becomes the holder of shares in the licensee is required to provide to the company a statutory declaration stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares and stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of another licence, and giving particulars of any such position; and

(iv) a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to his or her eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of this Act;

(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;

(e) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee's broadcasting facilities, allow those persons access to and control over those facilities;

(g) the licensee will not broadcast a program that has been classified RC or X 18+ by the Classification Board;

(ga) the licensee will not broadcast films that are classified as "R 18+" unless the films have been modified as mentioned in paragraph 123(3A)(b);

(h) the licensee will not use broadcasting services in the commission of an offence against another Act or a law of a State or Territory;

(ha) the licensee will not contravene the anti-hoarding rule (within the meaning of section 146E);

(i) the licensee will commence to provide at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;

(j) the licensee will comply with the requirements of
clauses 3, 3A, 4, 5 and 6.

(k) the licensee will comply with the requirements of the commercial television conversion scheme in force under clause 6 of Schedule 4 other than either of the following requirements:

(i) given by the licensee to the ACMA in accordance with the commercial television conversion scheme in force under clause 6 of Schedule 4; and

(iv) a requirement of Part B of the commercial television conversion scheme to commence digital transmission;

(m) if there is a simulcast period for the licence area of the licence--the licensee will not broadcast, on the core commercial television broadcasting service, a television program in SDTV digital mode during the simulcast period for the licence area unless the program is broadcast simultaneously by the licensee in analog mode in so much of that area as is not a digital-only local market area;

(i) there is a simulcast-equivalent period for the licence area of the licence; and

(ii) there is a simulcast-equivalent period for the licence area of the licence;

(na) the licensee will comply with standards applicable to the licence under Division 2 of Part 4 of Schedule 4 (which deals with HDTV);

(nb) if subclause 37E(1) of Schedule 4 (which deals with HDTV quotas) applies to the licensee--the licensee will comply with that subclause;

(o) if clause 38 of Schedule 4 (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee--the licensee will comply with that clause;

(oa) the licensee will comply with any standards under section 130A (which deals with technical standards for digital transmission);

(ob) if a clause of Division 1 of Part 4A of Schedule 4 (which imposes restrictions on the televising of anti-siphoning events) applies to the licensee--the licensee will comply with that clause;

(q) the licensee will comply with a requirement that is applicable to the licensee under section 61BB (which deals with the disclosure of cross-media relationships);

(c) except in a case where the licence was allocated under section 38C or subsection 40(1)--the licensee will broadcast matter of a religious nature during such periods as the ACMA determines and, if the ACMA so directs, will do so without charge;

(a) the provision of those services outside that licence area occurs accidentally; or

(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

(ii) the provision of the first-mentioned services outside the first-mentioned licence area occurs only to the extent necessary to provide adequate reception of the first-mentioned services to the eligible person;

(4) Subclause 6(8) of Schedule 4 applies to paragraph (1)(m) of this clause in a corresponding way to the way in which it applies to paragraph 6(3)(c) of Schedule 4 and subclause 6(7) of Schedule 4.

ignore any transmission of those services in digital mode by those transmitters.

(4B) For the purposes of paragraphs (1)(k) and (m), ignore the broadcast of a commercial television broadcasting service in analog mode in a digital-only local market area if:

(a) the broadcast of the service in the digital-only local market area occurs accidentally; or

(b) the broadcast of the service in the digital-only local market area occurs as a necessary result of the provision of commercial television broadcasting services outside the digital-only local market area.

(4C) Paragraphs (1)(ma), (mb) and (mc) do not apply to a commercial television broadcasting service provided by a licensee to the extent to which the service is provided in an area that, under clause 9A of Schedule 4, is an exempt digital transmission area in relation to the licence.

(b) an election under subclause 6(5A) or (5AA) of Schedule 4 is in force for the service.

(b) an election under subclause 6(7B) of Schedule 4 is in force for the service.

(a) paragraph (1)(m), (ma), (mb), (mc) or (p) or subclause (4A), (4B), (5), (6) or (7); and

(1) A licence allocated under section 38C is subject to the following conditions:

(d) the licensee will comply with any standards under section 130AC (which deals with technical standards for digital transmission).

(2) Paragraphs 7(1)(i) and (oa) of this Schedule do not apply to a licence allocated under section 38C.

(a) is provided by a terrestrial licensee in a related terrestrial licence area; and

(d) the program content of each of the services is the same, or substantially the same, as the program content of a related terrestrial core/primary service; and

(a) is provided by a terrestrial licensee in a related terrestrial licence area; and

(i) the program content of each of the services is the same, or substantially the same, as the program content of a related terrestrial core/primary service; and

(ii) the service is distinct from each of the services required to be provided by paragraph (d).

(i) the service is provided by a terrestrial licensee in a related terrestrial licence area; and

(c) one commercial television broadcasting service that has program content that is the same, or substantially the same, as the program content of the related terrestrial core/primary service; and

(ii) the services are distinct from each other and from the service required to be provided by paragraph (c).

(4) Subclauses (1), (2) and (3) do not require a licensee to provide a service before the start date for the licence area.

subclause (2) has effect in relation to the section 38C licensee, while the cessation continues, as if paragraph (2)(e) had not been enacted.

(d) subclause (3) has effect in relation to the section 38C licensee as if paragraph (3)(d) had not been enacted; and

(ii) the service is distinct from the service required to be provided by paragraph (3)(c).

(c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;

(ii) has the same, or substantially the same, program content as the metropolitan service;

(3) Subclauses (1) and (2) do not require a licensee to provide a service before the start date for the licence area.

(c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service; and

(e) the related terrestrial service ceases to be provided by the terrestrial licensee in the related terrestrial licence area;

subclause (2) does not apply to the section 38C licensee in relation to the metropolitan service while the cessation continues.

(d) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;

(ii) has the same, or substantially the same, program content as the metropolitan service;

(8) Subclauses (6) and (7) do not require a licensee to provide a service before the start date for the licence area.

(d) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service; and

(f) the related terrestrial service ceases to be provided by the terrestrial licensee in the related terrestrial licence area;

subclause (7) does not apply to the section 38C licensee in relation to the metropolitan service while the cessation continues.

(1) A licence allocated under section 38C is subject to the condition that, if a program is provided, or required to be provided, to the licensee by another licensee under subsection 43AA(1) , the section 38C licensee will broadcast the program on a service authorised by paragraph 41CA(1)(c), (f) or (g) as soon as practicable after the other licensee begins to broadcast the program.

(2) Subclause (1) does not apply if the section 38C licensee has previously broadcast the program on such a service.

(b) after the start date for the licence area of the section 38C licence, a commercial television broadcasting licensee (the terrestrial licensee ) for a terrestrial licence area commences to provide, or proposes to commence to provide:

(i) if subparagraph (b)(i) applies--a HDTV multi-channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or

(ii) if subparagraph (b)(ii) applies--a SDTV multi-channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; and

(d) the ACMA considers that it is not technically feasible for the licensee of the section 38C licence to provide the required service;

the ACMA may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service.

(a) a commercial television broadcasting licensee (the terrestrial licensee ) for a terrestrial licence area provides, or proposes to commence to provide:

(b) the program content of the service provided, or to be provided, by the terrestrial licensee is, or will be:

(i) if subparagraph (a)(i) applies--a HDTV multi-channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or

(ii) if subparagraph (a)(ii) applies--a SDTV multi-channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee;

the Minister may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service during a period specified in the determination.

(3) The Minister may, by legislative instrument, extend or further extend the specified period.

(1) The ACMA may, by legislative instrument, declare that, for the purposes of this Division, a specified day is the start date for the South Eastern Australia TV3 licence area.

(2) The start date for the South Eastern Australia TV3 licence area must not be later than 90 days after the first or only occasion on which a licence for the licence area is allocated under section 38C.

(3) The ACMA may, by legislative instrument, declare that, for the purposes of this Division, a specified day is the start date for the Northern Australia TV3 licence area.

(4) The ACMA may, by legislative instrument, declare that, for the purposes of this Division, a specified day is the start date for the Western Australia TV3 licence area.

must not be later than 3 months before the end of the earliest applicable terrestrial digital television switch-over date for the licence area.

Applicable terrestrial digital television switch-over date--Northern Australia TV3 licence area

the last day of the simulcast period for the terrestrial licence area is an applicable terrestrial digital television switch-over date for the Northern Australia TV3 licence area.

the day on which the local market area becomes a digital-only local market area is an applicable terrestrial digital television switch-over date for the Northern Australia TV3 licence area.

Applicable terrestrial digital television switch-over date--Western Australia TV3 licence area

the last day of the simulcast period for the terrestrial licence area is an applicable terrestrial digital television switch-over date for the Western Australia TV3 licence area.

the day on which the local market area becomes a digital-only local market area is an applicable terrestrial digital television switch-over date for the Western Australia TV3 licence area.

For the purposes of this Division, assume that paragraph 5A(1)(d) of Schedule 4 had not been enacted.

"HDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.

"metropolitan licence area" means a licence area in which is situated the General Post Office of the capital city of:

"SDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.

"terrestrial licence area" means the licence area of a terrestrial licence.

(b) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;

(i) provisions under which a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of this Act; and

(ii) provisions under which the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of this Act continuing or of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in subparagraph (iii) or (iv); and

(iii) provisions under which a person who becomes the holder of shares in the licensee is required to provide to the company a statutory declaration stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares and stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of another licence, and giving particulars of any such position; and

(iv) provisions under which a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to his or her eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of this Act;

(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;

(g) the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;

(h) the licensee will commence to provide at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;

(i) the licensee will comply with the requirements of clauses 3, 3A, 4, 5 and 6;

(j) the licensee will comply with a requirement that is applicable to the licensee under section 61BD or 61BE (which deal with the disclosure of cross-media relationships);

(c) if a requirement under Division 5C of Part 5 (which sets out local news and information requirements) applies to the licensee--the licensee will comply with that requirement.

(a) the provision of those services outside that licence area occurs accidentally; or

(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

(b) the licensee will not broadcast advertisements, and the licensee will not broadcast sponsorship announcements otherwise than as mentioned in this clause;

(ca) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;

(f) the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;

(g) the licensee will not broadcast a program that has been classified RC or X 18+ by the Classification Board;

(ga) the licensee will not broadcast films that are classified as "R 18+" unless the films have been modified as mentioned in paragraph 123(3A)(b);

(h) the licensee will commence the provision of at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;

(i) the licensee will comply with the requirements of clauses 3, 3A, 4, 5 and 6;

(b) the licensee will continue to represent the community interest that it represented at the time when the licence was allocated or was last renewed;

(e) the licensee will not operate the service or services for profit or as part of a profit-making enterprise.

(2AA) Paragraph (2)(e) does not prevent a designated community radio broadcasting licensee from holding shares in a digital community radio broadcasting representative company (within the meaning of the Radiocommunications Act 1992 ).

(a) the provision of those services outside that licence area occurs accidentally; or

(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

(2B) Each community broadcasting licence that has been transferred is also subject to the condition that the transferee must, within 7 days after the transfer, notify the ACMA of the transfer. A notification must be in accordance with a form approved in writing by the ACMA.

(3) A community broadcasting licensee may broadcast sponsorship announcements on a particular community broadcasting service. However, they must not run in total for more than:

(a) if the licensee is a community television broadcasting licensee--7 minutes in any hour of broadcasting on that service; or

(4) A community television broadcasting licensee may broadcast sponsorship announcements only during periods before programs commence, after programs end or during natural program breaks.

(5) In working out the length of time devoted to the broadcasting of sponsorship announcements, account is not to be taken of the broadcasting by a community broadcasting licensee of any of the following:

(b) material that promotes the licensee's products, services or activities for the broadcast of which the licensee does not receive any consideration in cash or in kind;

(c) community information or community promotional material for the broadcast of which the licensee does not receive any consideration in cash or in kind;

(d) sponsorship announcements consisting of moving text that is overlaid on a test pattern.

(6) Paragraph (1)(b) applies to a community broadcasting service targeted, to a significant extent, to one or more remote Indigenous communities as if the words "for which the licensee receives any consideration in cash or in kind" were inserted after "advertisements".

(1) Each subscription television broadcasting licence is subject to the following conditions:

(b) the licensee will comply with program standards applicable under Part 9 of this Act;

(ba) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

(d) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee's broadcasting facilities, allow those persons access to and control over those facilities;

(f) the licensee will not broadcast a program that has been classified RC or X 18+ by the Classification Board;

(g) the licensee will ensure that access to programs classified as "R 18+" by the Classification Board is restricted by disabling devices acceptable to the ACMA but will not broadcast such an "R 18+" classified program until the ACMA has completed extensive, Australia-wide qualitative and quantitative research on community standards of taste and decency in relation to classifications for pay television and on what levels of violence and depiction of sex should be allowed, and the ACMA has recommended, and the Parliament has, by resolution of each House, approved, the broadcast of such programs;

(h) the licensee will not use its subscription broadcasting service in the commission of an offence against another Act or a law of a State or Territory;

(1A) For the purposes of subparagraph (1)(e)(ii), the percentage of the Australian population covered by the television broadcasting service or services of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)) is the percentage most recently specified by the ACMA under paragraph 30(5)(a) for the licence area of the licensee's licence.

(2) Each subscription television broadcasting licence is also subject to the following conditions:

(b) subscription fees will continue to be the predominant source of revenue for the service.

(b) the person will comply with program standards applicable to the licence under Part 9 of this Act;

(ba) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service--the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

transmitted using a digital modulation technique--the licensee will comply with standards under section 130AA (which deals with technical standards for digital transmission);

(bb) the licensee will comply with standards under subsection 130V(1) (which deals with industry standards);

(c) the person will not use the broadcasting service in the commission of an offence against another Act or a law of a State or Territory;

(2) The provision by a person of a subscription broadcasting service or a subscription narrowcasting service under a class licence is also subject to the condition that subscription fees will continue to be the predominant source of revenue for the service.

(a) the licensee will not broadcast a program that has been classified RC or X 18+ by the Classification Board;

(b) the licensee will not broadcast films that are classified as "R 18+" unless the films have been modified as mentioned in paragraph 123(3C)(b).

(4) The provision by a person of a subscription television narrowcasting service under a class licence is also subject to the condition that the licensee will not broadcast a program that has been classified RC or X 18+ by the Classification Board.

This compilation was prepared on 20 December 2011
taking into account amendments up to Act No. 177 of 2011

Volume 2 includes:     Table of Contents
                                    Schedules 4 - 7
                                    Note 1
                                    Table of Acts
                                    Act Notes
                                    Table of Amendments
                                    Note 2
                                    Table A

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Contents

Schedule 4--Digital television broadcasting 1

Part 1--Introduction 1

1............ Simplified outline ................................................................................ 1

2............ Definitions .......................................................................................... 2

3............ Analog mode ....................................................................................... 7

4............ Digital mode ........................................................................................ 7

4A......... HDTV digital mode ............................................................................ 7

4B......... SDTV digital mode ............................................................................. 7

4C......... Simulcast-equivalent period for a licence area ..................................... 7

4D......... Simulcast-equivalent period for a coverage area .................................. 8

5............ Remote licence area ............................................................................. 8

5A......... SDTV multi-channelled commercial television broadcasting service .. 8

5B......... HDTV multi-channelled commercial television broadcasting service .. 9

5C......... SDTV multi-channelled national television broadcasting service ........ 9

5D......... HDTV multi-channelled national television broadcasting service ..... 10

5E.......... Designated HDTV multi-channelled national television broadcasting service 10

5F.......... Local market areas and digital-only local market areas ...................... 11

5H......... Reports on transmission blackspots .................................................. 12

5J.......... Overlapping coverage areas .............................................................. 13

Part 2--Commercial television 14

6............ Commercial television conversion scheme ........................................ 14

6A......... Determination of simulcast period--metropolitan and regional licence areas 29

6B......... Determination of simulcast period--remote licence areas ................. 31

7............ Scheme may confer administrative powers on the ACMA ............... 31

7A......... Scheme may confer power to make digital channel plans .................. 31

7AA...... Allotment of channels after the television licence area plan comes into force 31

7B......... Revocation of multi-channelling election ........................................... 32

8............ Transmitter licences ........................................................................... 33

9............ Submission of implementation plans to the ACMA .......................... 35

9A......... Areas exempt from digital transmission requirements--commercial television broadcasting licensees 36

10.......... Amendment of certain plans and guidelines ...................................... 38

11.......... Reviews and reports .......................................................................... 38

12.......... Ancillary or incidental provisions ..................................................... 39

13.......... ACMA to have regard to datacasting allocation power ..................... 39

14.......... ACMA to have regard to special circumstances that apply in remote licence areas 39

15.......... Minister may give directions to the ACMA ...................................... 39

16.......... Variation of scheme .......................................................................... 39

17.......... Scheme to be a disallowable instrument ............................................ 40

18.......... Processes to be public ....................................................................... 40

Part 3--ABC/SBS television 41

19.......... National television conversion scheme .............................................. 41

20.......... National broadcasters to give implementation plans to the Minister .. 50

21.......... Compliance with implementation plans ............................................. 53

21A....... Areas exempt from digital transmission requirements--national broadcasters 53

22.......... Scheme may confer administrative powers on the ACMA ............... 56

22A....... Scheme may confer power to make digital channel plans .................. 56

22AA.... Allotment of channels after the television licence area plan comes into force 56

23.......... Transmitter licences ........................................................................... 57

24.......... Amendment of certain plans and guidelines ...................................... 59

25.......... Reviews and reports .......................................................................... 59

26.......... Ancillary or incidental provisions ..................................................... 60

27.......... ACMA to have regard to datacasting allocation power ..................... 60

28.......... ACMA to have regard to special circumstances that apply in remote coverage areas 60

29.......... Minister may give directions to the ACMA ...................................... 60

30.......... Variation of scheme .......................................................................... 60

31.......... Scheme to be a disallowable instrument ............................................ 61

32.......... Scheme does not take effect until approved by the Minister .............. 61

33.......... Processes to be public ....................................................................... 61

34.......... Compliance with scheme ................................................................... 61

35.......... Simulcasting requirements ................................................................ 61

35A....... Certain transmissions to be disregarded ............................................ 62

35AA.... National broadcasters must provide HDTV multi-channelled national television broadcasting service during simulcast period etc. .......................................................................................... 62

36.......... Digital transmitter not to be used to provide a subscription television broadcasting service etc. 63

Part 4--Standards and HDTV quotas 64

Division 2--HDTV quotas and standards 64

37DAA. This Division does not apply in relation to section 38C licences ....... 64

37DA.... This Division does not apply in relation to licences allocated under subsection 40(1) 64

37E........ Non-remote areas--HDTV quotas for commercial television broadcasting licensees 64

37F........ Non-remote areas--HDTV quotas for national broadcasters ............ 66

37G....... Remote areas--HDTV quotas for commercial television broadcasting licensees 67

37H....... Remote areas--HDTV quotas for national broadcasters ................... 68

37K....... Compliance by national broadcasters ................................................ 68

37L........ High-definition television programs .................................................. 69

37M...... Prime viewing hours ......................................................................... 71

Division 3--Captioning 72

38.......... Captioning ......................................................................................... 72

Division 5--Miscellaneous 78

41.......... Standards may incorporate other instruments .................................... 78

Part 4A--Restrictions on televising anti-siphoning events 79

Division 1--Commercial television broadcasting services 79

41A....... SDTV multi-channelled commercial television broadcasting service--restrictions on televising anti-siphoning events during the simulcast period if there is a core service etc. ................... 79

41B....... SDTV multi-channelled commercial television broadcasting service--restrictions on televising anti-siphoning events during the simulcast period if there is a primary service etc. ............. 80

41C....... HDTV multi-channelled commercial television broadcasting service--restrictions on televising anti-siphoning events during the simulcast period if there is a core service etc. ................... 82

41D....... HDTV multi-channelled commercial television broadcasting service--restrictions on televising anti-siphoning events during the simulcast period if there is a primary service etc. ............. 83

41E........ SDTV multi-channelled commercial television broadcasting service--restrictions on televising anti-siphoning events after the end of the simulcast period etc. ............................................ 84

41F........ HDTV multi-channelled commercial television broadcasting service--restrictions on televising anti-siphoning events after the end of the simulcast period etc. ............................................ 86

41FA..... SDTV multi-channelled commercial television broadcasting service provided under a section 38C licence--restrictions on televising anti-siphoning events ................................................... 87

41FB..... HDTV multi-channelled commercial television broadcasting service provided under a section 38C licence--restrictions on televising anti-siphoning events ................................................... 88

41G....... Primary commercial television broadcasting service ......................... 90

Division 2--National television broadcasting services 92

41H....... SDTV multi-channelled national television broadcasting service--restrictions on televising anti-siphoning events during the simulcast period etc. .................................................................... 92

41J........ HDTV multi-channelled national television broadcasting service--restrictions on televising anti-siphoning events during the simulcast period etc. .................................................................... 93

41K....... SDTV multi-channelled national television broadcasting service--restrictions on televising anti-siphoning events after the end of the simulcast period etc. .................................................... 94

41L........ HDTV multi-channelled national television broadcasting service--restrictions on televising anti-siphoning events after the end of the simulcast period etc. .................................................... 96

41LA..... SDTV multi-channelled national television broadcasting service provided with the use of a satellite--restrictions on televising anti-siphoning events ........................................................ 97

41LB..... HDTV multi-channelled national television broadcasting service provided with the use of a satellite--restrictions on televising anti-siphoning events ........................................................ 98

41M...... Primary national television broadcasting service ............................... 99

41N....... Primary satellite national television broadcasting service ................ 100

Part 5--Transmitter access regime 101

42.......... Simplified outline ............................................................................ 101

43.......... Definitions ...................................................................................... 101

43A....... Designated associated facilities ....................................................... 102

44.......... Extended meaning of access ............................................................ 102

45.......... Access to broadcasting transmission towers ................................... 103

45A....... Access to designated associated facilities ........................................ 104

46.......... Access to sites of broadcasting transmission towers ....................... 106

47.......... Terms and conditions of access ....................................................... 108

48.......... Code relating to access .................................................................... 110

49.......... Arbitration--acquisition of property ............................................... 110

50.......... Relationship between this Part and the National Transmission Network Sale Act 1998 111

Part 6--Collection of datacasting charge 112

51.......... Collection of datacasting charge ...................................................... 112

52.......... Cancellation of certain exemptions from datacasting charge ............ 113

Part 7--Injunctions 114

54.......... Injunctions ...................................................................................... 114

55.......... Interim injunctions .......................................................................... 115

56.......... Discharge etc. of injunctions ........................................................... 115

57.......... Certain limits on granting injunctions not to apply .......................... 115

58.......... Other powers of the court unaffected .............................................. 116

Part 8--Reviews 117

60B....... Review before 1 January 2006 ........................................................ 117

60C....... Review of content and captioning rules applicable to multi-channelled commercial television broadcasting services ........................................................................................................ 117

60D....... Review of content and captioning rules applicable to multi-channelled television broadcasting services 118

Part 10--Review of decisions 120

62.......... Review by the AAT ........................................................................ 120

63.......... Notification of decisions to include notification of reasons and appeal rights 121

Part 11--Regional equalisation plan 122

64.......... Regional equalisation plan ............................................................... 122

Schedule 5--Online services 124

Part 1--Introduction 124

2............ Simplified outline ............................................................................ 124

3............ Definitions ...................................................................................... 125

5............ Internet content that consists of a film ............................................. 127

7............ Extended meaning of use ................................................................ 127

Part 2--Internet service providers 128

8............ Internet service providers ................................................................ 128

9............ Supply to the public ........................................................................ 128

Part 4--Complaints to, and investigations by, the ACMA 130

Division 1--Making of complaints to the ACMA 130

23.......... Complaints about breaches of online provider rules etc. ................. 130

24.......... Form of complaint ........................................................................... 130

25.......... Residency etc. of complainant ......................................................... 130

Division 2--Investigations by the ACMA 131

26.......... Investigation of complaints by the ACMA ..................................... 131

27.......... ACMA may investigate matters on its own initiative ...................... 131

28.......... Conduct of investigations ................................................................ 131

29.......... Protection from civil proceedings .................................................... 132

Division 4--Action to be taken in relation to a complaint about prohibited content hosted outside Australia 133

40.......... Action to be taken in relation to a complaint about prohibited content hosted outside Australia 133

41.......... Deferral of action in order to avoid prejudicing a criminal investigation .. 135

42.......... Withdrawal of notification of content--reclassification of internet content 135

43.......... Withdrawal of notification of content--reclassification of internet content that consists of a film or a computer game ........................................................................................................ 136

44.......... Revocation of standard access-prevention notice--reclassification of internet content 137

45.......... Revocation of standard access-prevention notice--reclassification of internet content that consists of a film or a computer game ................................................................................................ 137

46.......... Anti-avoidance--notified internet content ....................................... 138

47.......... Anti-avoidance--special access-prevention notice .......................... 139

48.......... Compliance with access-prevention notices .................................... 140

49.......... Notification of internet content ........................................................ 140

50.......... Application of notifications under this Division .............................. 141

51.......... ACMA may be taken to have issued access-prevention notices ...... 141

Part 5--Industry codes and industry standards 142

Division 1--Simplified outline 142

52.......... Simplified outline ............................................................................ 142

Division 2--Interpretation 143

53.......... Industry codes ................................................................................. 143

54.......... Industry standards ........................................................................... 143

55.......... Internet activity ................................................................................ 143

56.......... Section of the internet industry ........................................................ 143

57.......... Participants in a section of the internet industry .............................. 143

58.......... Designated body ............................................................................. 143

Division 3--General principles relating to industry codes and industry standards 144

59.......... Statement of regulatory policy ......................................................... 144

60.......... Matters that must be dealt with by industry codes and industry standards 144

61.......... Industry codes and industry standards not to deal with certain matters 148

Division 4--Industry codes 149

62.......... Registration of industry codes ......................................................... 149

63.......... ACMA may request codes .............................................................. 150

64.......... Publication of notice where no body or association represents a section of the internet industry 151

65.......... Replacement of industry codes ........................................................ 152

66.......... Compliance with industry codes ..................................................... 152

67.......... Formal warnings--breach of industry codes .................................. 152

Division 5--Industry standards 153

68.......... ACMA may determine an industry standard if a request for an industry code is not complied with 153

69.......... ACMA may determine industry standard where no industry body or association formed 154

70.......... ACMA may determine industry standards--total failure of industry codes 155

71.......... ACMA may determine industry standards--partial failure of industry codes 156

72.......... Compliance with industry standards ............................................... 157

73.......... Formal warnings--breach of industry standards ............................ 158

74.......... Variation of industry standards ....................................................... 158

75.......... Revocation of industry standards .................................................... 158

76.......... Public consultation on industry standards ....................................... 159

77.......... Consultation with designated body ................................................. 159

Division 6--Register of industry codes and industry standards 160

78.......... ACMA to maintain Register of industry codes and industry standards 160

Part 6--Online provider rules 161

79.......... Online provider rules ...................................................................... 161

80.......... Online provider determinations ....................................................... 161

81.......... Exemptions from online provider determinations ............................ 162

82.......... Compliance with online provider rules ............................................ 162

83.......... Remedial directions--breach of online provider rules ..................... 163

84.......... Formal warnings--breach of online provider rules ......................... 164

85.......... Federal Court may order a person to cease supplying internet carriage services 164

Part 7--Offences 165

86.......... Continuing offences ........................................................................ 165

87.......... Conduct by directors, employees and agents ................................... 165

Part 8--Protection from civil and criminal proceedings 168

88.......... Protection from civil proceedings--internet service providers ........ 168

Part 9--Operation of State and Territory laws etc. 169

90.......... Concurrent operation of State and Territory laws ............................ 169

91.......... Liability of internet content hosts and internet service providers under State and Territory laws etc. 169

Part 10--Review of decisions 171

92.......... Review by the AAT ........................................................................ 171

93.......... Notification of decisions to include notification of reasons and appeal rights 171

Part 11--Miscellaneous 172

94.......... Additional ACMA functions .......................................................... 172

95.......... Review before 1 January 2003 ........................................................ 172

96.......... Schedule not to affect performance of State or Territory functions . 173

Schedule 6--Datacasting services 174

Part 1--Introduction 174

1............ Simplified outline ............................................................................ 174

2............ Definitions ...................................................................................... 175

3............ Educational programs ...................................................................... 178

4............ Information-only programs ............................................................. 178

5............ Foreign-language news or current affairs programs ........................ 180

6............ Datacasting content is taken not to be a television program or a radio program etc. 181

Part 2--Datacasting licences 182

7............ Allocation of datacasting licence ..................................................... 182

8............ When datacasting licence must not be allocated ............................... 182

9............ Unsuitable applicant ........................................................................ 182

10.......... Transfer of datacasting licences ....................................................... 183

11.......... Surrender of datacasting licences .................................................... 184

12.......... ACMA to maintain Register of datacasting licences that are not restricted datacasting licences 184

12A....... ACMA to maintain Register of restricted datacasting licences ........ 184

Part 3--Conditions of datacasting licences 185

Division 1--Genre conditions 185

13.......... Category A television programs ...................................................... 185

14.......... Condition relating to category A television programs ..................... 186

15.......... Category B television programs ...................................................... 187

16.......... Condition relating to category B television programs ...................... 188

17.......... Genre conditions do not apply to Parliamentary proceedings etc. ... 189

18.......... Genre conditions do not apply to matter that consists of no more than text or still visual images etc. 190

18A....... Genre conditions do not apply to advertising or sponsorship material 191

19.......... Genre conditions do not apply to interactive computer games ......... 191

20.......... Genre conditions do not apply to internet carriage services or ordinary electronic mail 191

20AA.... Genre conditions do not apply to certain content copied from the internet 191

Division 2--Audio content condition 193

21.......... Audio content condition .................................................................. 193

22.......... Audio content condition does not apply to Parliamentary proceedings etc. 194

23.......... Audio content condition does not apply to matter that consists of no more than text or still visual images etc. 195

23A....... Audio content condition does not apply to advertising or sponsorship material 195

Division 2A--Genre conditions: anti-avoidance 196

23B....... Anti-avoidance--declared internet carriage services ....................... 196

Division 3--Other conditions 197

24.......... General conditions .......................................................................... 197

24A....... Special conditions for restricted datacasting licences ....................... 199

25.......... Suitability condition ........................................................................ 199

26.......... Additional conditions imposed by the ACMA ................................ 200

27.......... Restricted access system ................................................................. 201

Division 4--Exemption orders for content copied from the internet 202

27A....... Exemption orders in relation to content copied from the internet ..... 202

Part 4--Codes of practice 203

28.......... Development of codes of practice ................................................... 203

29.......... Review by the ACMA .................................................................... 206

30.......... ACMA to maintain Register of codes of practice ............................ 207

31.......... ACMA may determine standards where codes of practice fail or where no code of practice developed 207

32.......... Consultation on standards ............................................................... 207

33.......... Notification of determination or variation or revocation of standards 208

34.......... Limitation of ACMA's power in relation to standards .................... 208

35.......... This Part does not apply to internet carriage services or ordinary electronic mail 208

35A....... This Part does not apply to the ABC or SBS .................................. 208

Part 5--Complaints to the ACMA about datacasting services 209

36.......... Complaints about offences or breach of licence conditions ............. 209

37.......... Complaints under codes of practice ................................................. 209

38.......... Investigation of complaints by the ACMA ..................................... 210

Part 6--Control of datacasting transmitter licences 211

41.......... Datacasting transmitter licences not to be controlled by ABC or SBS 211

Part 7--Nominated datacaster declarations 212

42.......... Object of this Part ........................................................................... 212

43.......... Datacasting transmitter licence ........................................................ 212

44.......... Applications for nominated datacaster declarations ......................... 212

45.......... Making a nominated datacaster declaration ..................................... 213

46.......... Effect of nominated datacaster declaration ....................................... 213

47.......... Revocation of nominated datacaster declaration .............................. 214

48.......... Register of nominated datacaster declarations ................................. 215

Part 8--Remedies for breaches of licensing provisions 216

Division 1--Providing a datacasting service without a licence 216

49.......... Prohibition on providing a datacasting service without a licence ..... 216

50.......... Remedial directions--unlicensed datacasting services .................... 216

51.......... Exemption for broadcasting licensees etc. ....................................... 217

51A....... Exemption for designated teletext services ...................................... 218

Division 2--Breaches of licence conditions 219

52.......... Offence for breach of conditions ..................................................... 219

52A....... Civil penalty provision relating to breach of conditions of datacasting licences 219

53.......... Remedial directions--breach of conditions ..................................... 220

54.......... Suspension and cancellation ............................................................ 221

55.......... Injunctions ...................................................................................... 222

56.......... Federal Court's powers relating to injunctions ................................ 223

57.......... Stay of proceedings relating to additional licence conditions, remedial directions and suspension/cancellation decisions ........................................................................................................ 224

Part 9--Review of decisions 227

58.......... Review by the Administrative Appeals Tribunal ............................. 227

59.......... Notification of decisions to include notification of reasons and appeal rights 228

Schedule 7--Content services 229

Part 1--Introduction 229

1............ Simplified outline ............................................................................ 229

2............ Definitions ...................................................................................... 231

3............ Australian connection ...................................................................... 240

4............ Hosting service ............................................................................... 241

5............ Content service provider ................................................................. 241

6............ When content is provided by a content service ................................ 241

7............ When content service is provided to the public etc. ......................... 242

8............ Links to content ............................................................................... 242

9............ Services supplied by way of a voice call or video call ..................... 242

9A......... Ancillary subscription television content service ............................. 242

10.......... Classification of live content etc. ..................................................... 243

11.......... Eligible electronic publication .......................................................... 244

12.......... Re-transmitted broadcasting services .............................................. 245

13.......... Re-transmitted datacasting services ................................................. 245

14.......... Restricted access system ................................................................. 245

15.......... R 18+ content and MA 15+ content ................................................ 246

16.......... Content that consists of a film ......................................................... 247

17.......... Extended meaning of use ................................................................ 247

18.......... Trained content assessor ................................................................. 248

19.......... Extra-territorial application .............................................................. 248

Part 2--Classification of content 249

Division 1--Prohibited content and potential prohibited content 249

20.......... Prohibited content ........................................................................... 249

21.......... Potential prohibited content ............................................................. 250

Division 2--Classification of content 251

22.......... Applications for classification of content ........................................ 251

23.......... Classification of content .................................................................. 252

24.......... Classification of content that consists of a film, a computer game or an eligible electronic publication 252

25.......... Classification of content that does not consist of a film, a computer game or an eligible electronic publication 253

26.......... Deemed classification of content classified under Schedule 5 ......... 253

27.......... Fees ................................................................................................. 254

Division 3--Reclassification 256

28.......... Reclassification of content ............................................................... 256

29.......... Notice of intention to reclassify content .......................................... 256

Division 4--Review of classification decisions 258

Subdivision A--Review of classification of content 258

30.......... Persons who may apply for review ................................................. 258

31.......... Applications for review ................................................................... 259

32.......... Classification Review Board may refuse to deal with review applications that are frivolous etc. 260

33.......... Review ............................................................................................ 260

Subdivision B--Review of content that consists of a film or a computer game 261

34.......... Review of classification of content that consists of a film or a computer game 261

Subdivision C--Review of content that consists of an eligible electronic publication 261

35.......... Review of classification of content that consists of an eligible electronic publication 261

Division 5--Miscellaneous 263

36.......... Decisions of the Classification Board etc. ....................................... 263

Part 3--Complaints to, and investigations by, the ACMA 264

Division 1--Making of complaints to the ACMA 264

37.......... Complaints about prohibited content or potential prohibited content 264

38.......... Complaints relating to breach of a designated content/hosting service provider rule etc. 266

39.......... Form of complaint ........................................................................... 266

40.......... Recordings of live content ............................................................... 266

41.......... Residency etc. of complainant ......................................................... 267

42.......... Escalation of complaints made under industry codes etc. ................ 267

Division 2--Investigations by the ACMA 269

43.......... Investigation of complaints by the ACMA ..................................... 269

44.......... ACMA may investigate matters on its own initiative ...................... 269

45.......... Conduct of investigations ................................................................ 270

46.......... Protection from civil proceedings .................................................... 270

Division 3--Action to be taken in relation to hosting services 271

47.......... Action to be taken in relation to hosting services ............................ 271

48.......... Revocation of interim take-down notices--voluntary withdrawal of content 275

49.......... Revocation of final take-down notices--reclassification of content 275

50.......... Revocation of final take-down notices--reclassification of content that consists of a film or a computer game 276

51.......... Revocation of final take-down notices--reclassification of a corresponding print publication 276

52.......... Anti-avoidance--special take-down notices .................................... 277

53.......... Compliance with rules relating to prohibited content etc. ................ 278

54.......... Identification of content ................................................................... 279

55.......... Application of notices under this Division ...................................... 279

Division 4--Action to be taken in relation to live content services 280

56.......... Action to be taken in relation to live content services ...................... 280

57.......... Undertaking--alternative to service-cessation notice ...................... 283

58.......... Revocation of service-cessation notices--undertaking .................... 283

59.......... Revocation of final service-cessation notices--reclassification of content 284

59A....... Anti-avoidance--special service-cessation notices .......................... 284

60.......... Compliance with rules relating to prohibited content etc. ................ 286

61.......... Identification of content ................................................................... 287

Division 5--Action to be taken in relation to links services 288

62.......... Action to be taken in relation to links services ................................ 288

63.......... Revocation of interim link-deletion notices--voluntary deletion of link 292

64.......... Revocation of final link-deletion notices--reclassification of content 292

65.......... Revocation of final link-deletion notices--reclassification of content that consists of a film or a computer game 293

66.......... Revocation of final link-deletion notices--reclassification of a corresponding print publication 293

67.......... Anti-avoidance--special link-deletion notices ................................. 294

68.......... Compliance with rules relating to prohibited content etc. ................ 295

Division 6--Law enforcement agencies 297

69.......... Referral of matters to law enforcement agencies ............................. 297

70.......... Deferral of action in order to avoid prejudicing a criminal investigation--hosting services 298

71.......... Deferral of action in order to avoid prejudicing a criminal investigation--live content services 298

72.......... Deferral of action in order to avoid prejudicing a criminal investigation--links services 299

Part 4--Industry codes and industry standards 300

Division 1--Simplified outline 300

73.......... Simplified outline ............................................................................ 300

Division 2--Interpretation 301

74.......... Industry codes ................................................................................. 301

75.......... Industry standards ........................................................................... 301

76.......... Content activity ............................................................................... 301

77.......... Sections of the content industry ...................................................... 301

78.......... Participants in a section of the content industry ............................... 302

79.......... Designated body ............................................................................. 302

Division 3--General principles relating to industry codes and industry standards 303

80.......... Statement of regulatory policy ......................................................... 303

81.......... Matters that must be dealt with by industry codes and industry standards--commercial content providers 303

82.......... Examples of matters that may be dealt with by industry codes and industry standards 305

83.......... Escalation of complaints .................................................................. 307

84.......... Collection of personal information .................................................. 307

Division 4--Industry codes 308

85.......... Registration of industry codes ......................................................... 308

86.......... ACMA may request codes .............................................................. 309

87.......... Publication of notice where no body or association represents a section of the content industry 310

88.......... Replacement of industry codes ........................................................ 310

89.......... Compliance with industry codes ..................................................... 311

90.......... Formal warnings--breach of industry codes .................................. 311

Division 5--Industry standards 312

91.......... ACMA may determine an industry standard if a request for an industry code is not complied with 312

92.......... ACMA may determine industry standard where no industry body or association formed 313

93.......... ACMA may determine industry standards--total failure of industry codes 313

94.......... ACMA may determine industry standards--partial failure of industry codes 315

95.......... Compliance with industry standards ............................................... 316

96.......... Formal warnings--breach of industry standards ............................ 316

97.......... Variation of industry standards ....................................................... 317

98.......... Revocation of industry standards .................................................... 317

99.......... Public consultation on industry standards ....................................... 317

100........ Consultation with designated body ................................................. 318

Division 6--Register of industry codes and industry standards 319

101........ ACMA to maintain Register of industry codes and industry standards 319

Division 7--Miscellaneous 320

102........ Industry codes may provide for matters by reference to other instruments 320

103........ Industry standards may provide for matters by reference to other instruments 320

Part 5--Designated content/hosting service provider determinations 321

104........ Designated content/hosting service provider determinations ........... 321

105........ Exemptions from designated content/hosting service provider determinations 321

Part 6--Enforcement 323

106........ Compliance with designated content/hosting service provider rules--offence 323

107........ Compliance with designated content/hosting service provider rules--civil penalty provision 323

108........ Remedial directions--breach of designated content/hosting service provider rules 324

109........ Formal warnings--breach of designated content/hosting service provider rules 325

110........ Federal Court may order a person to cease providing designated content/hosting services 325

Part 7--Protection from civil and criminal proceedings 326

111........ Protection from civil proceedings--service providers ..................... 326

112........ Protection from criminal proceedings--ACMA, Classification Board and Classification Review Board 326

Part 8--Review of decisions 328

113........ Review by the Administrative Appeals Tribunal ............................. 328

Part 9--Miscellaneous 331

114........ Additional ACMA functions .......................................................... 331

115........ Recordings of content etc. ............................................................... 331

116........ Samples of content to be submitted for classification ...................... 332

117........ Service of summons, process or notice on corporations incorporated outside Australia 332

117A..... Meaning of broadcasting service .................................................... 333

118........ Review ............................................................................................ 333

119........ This Schedule does not limit Schedule 5 ......................................... 333

120........ This Schedule does not limit the Telecommunications Act 1997 ..... 333

121........ Implied freedom of political communication ................................... 334

122........ Concurrent operation of State and Territory laws ............................ 334

123........ Schedule not to affect performance of State or Territory functions . 334

Notes 335

Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SCHEDULE 2