BROADCASTING SERVICES ACT 1992 - SCHEDULE 2 Standard conditions

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BROADCASTING SERVICES ACT 1992 - SCHEDULE 2

Standard conditions

In this Schedule:

"Classification Board" means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995 .

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

"election advertisement" , in relation to an election, means:

(a) an advertisement:

(i) that contains election matter that relates to that election; and

(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:

(a) matter commenting on, or soliciting votes for, a candidate at the election;

(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.

"election period" means:

(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

(ii) the day on which the writs for the election are issued;

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.

"radiocommunications device" has the same meaning as in the Radiocommunications Act 1992 .

"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:

(a) if the broadcasting was authorised by a political party:

(i) the name of the political party; and

(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:

(i) at the end of the period referred to in paragraph (a); or

(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.

2 Interpretation--certain things do not amount to broadcasting of advertisements

(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:

(a) community information material or community promotional material; or

(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;

is not taken to be the broadcasting of an advertisement.

Part 2 -- Special conditions

3 Broadcasting of political or controversial material

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class 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.

3A Broadcasting of election advertisements

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

(2) If:

(a) a broadcaster has a licence that has a licence area; and

(b) an election to a Parliament is to be held; and

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

(3) If:

(a) a broadcaster has a licence that does not have a licence area; and

(b) an election to a Parliament is to be held; and

(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.

(4) If:

(a) a broadcaster provides a broadcasting service under a class licence; and

(b) an election to a Parliament is to be held; and

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

4 Identification of certain political matter

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

(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.

5 Records of matter broadcast

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

(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:

(a) 6 weeks from the date on which the matter was broadcast; or

(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).

6 Advertisements relating to medicines

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a person providing broadcasting services under a class licence.

(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.

Part 3 -- Commercial television broadcasting licences

7 Conditions of commercial television broadcasting licences

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

(a) the licensee will not, in contravention of the Tobacco Advertising Prohibition Act 1992 , broadcast a tobacco advertisement within the meaning of that Act;

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

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

(c) except in the case of a licence allocated under 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;

(f) if the licence is a broadcasting services bands licence--the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises operation by the licensee of the radiocommunications devices used to provide broadcasting services;

(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;

(ia) the licensee will comply with the requirements set out in section 205B;

(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) a requirement covered by paragraph 6(3)(a) or (b) of that Schedule;

(ii) a requirement of Part B of the scheme to commence digital transmission;

(l) the licensee will comply with so much of an implementation plan:

(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

(ii) approved by the ACMA;

as does not relate to either of the following requirements:

(iii) a requirement covered by paragraph 6(3)(a) or (b) of that Schedule;

(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;

(ma) subject to subclauses (5) and (6), if there is a simulcast period for the licence area of the licence--the licensee will provide a HDTV multi‑channelled commercial television broadcasting service during the simulcast period for the licence area;

(mb) subject to subclauses (5) and (7), if:

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

(ii) under the regulations, the licensee is required to provide a HDTV multi‑channelled commercial television broadcasting service in the licence area during that period;

the licensee will comply with that requirement;

(mc) subject to subclauses (5), (6) and (7), if:

(i) the licence was allocated under section 38A or 38B; and

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

the licensee will provide a HDTV multi‑channelled commercial television broadcasting service during the simulcast‑equivalent period for the licence area;

(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;

(p) if the licensee holds a transmitter licence under section 101B, 101C, 102 or 102A of the Radiocommunications Act 1992 that authorises the operation of a transmitter--the licensee will not operate, or permit the operation of, that transmitter to transmit in digital mode:

(i) a commercial broadcasting service that provides radio programs; or

(ii) a subscription radio broadcasting service; or

(iii) a subscription television broadcasting service; or

(iv) a subscription radio narrowcasting service; or

(v) a subscription television narrowcasting service; or

(vi) an open narrowcasting radio service; or

(vii) an open narrowcasting television service;

(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);

(r) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial television broadcasting service under the licence.

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

(a) except in a case where the licence was allocated under subsection 40(1)--the licensee will provide a service or services that, when considered together with other broadcasting services available in the licence area of the licence (including another service or services operated by the licensee), contributes to the provision of an adequate and comprehensive range of broadcasting services in that licence area;

(b) the licensee will remain a suitable licensee;

(c) except in a case where the licence was allocated under 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;

(2A) Each commercial television broadcasting licence is also subject to the condition that the licensee will not provide commercial television broadcasting services under the licence outside the licence area of the licence unless:

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

(b) the provision of those services outside that licence area occurs as a necessary result of the provision of commercial television broadcasting services within the licence area; or

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

(ii) the ACMA has given permission in writing; or

(d) all of the following subparagraphs apply:

(i) the first‑mentioned licensee satisfies the ACMA that there is a person (the eligible person ) who is in a commercial television broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a commercial television broadcasting service or services provided by a commercial television broadcasting licensee for the second licence area;

(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;

(iii) the ACMA has given permission in writing.

(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.

(5) Paragraphs (1)(ma), (mb) and (mc) do not apply to a licence if a commercial television broadcasting service provided under the licence is transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8) of Schedule 4.

(6) Paragraphs (1)(ma) and (mc) do not apply to a licence if:

(a) the licensee provides a commercial television broadcasting service under the licence; and

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

(7) Paragraphs (1)(mb) and (mc) do not apply to a licence if:

(a) the licensee provides an exempt remote area service under the licence; and

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

(8) An expression used in:

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

(b) Schedule 4;

has the same meaning in that paragraph or subclause as it has in that Schedule.

Part 4 -- Commercial radio broadcasting licences

8 Standard conditions of commercial radio broadcasting licences

(1) Each commercial radio broadcasting licence is subject to the following conditions:

(a) the licensee will not, in contravention of the Tobacco Advertising Prohibition Act 1992 , broadcast a tobacco advertisement within the meaning of that Act;

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

(ba) if the licensee provides a digital commercial radio broadcasting service under the licence--the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);

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

(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;

(f) if:

(i) the licence is a broadcasting services bands licence; and

(ii) the licence authorises the licensee to provide an analog commercial radio broadcasting service;

the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises the operation by the licensee of the radiocommunications devices used to provide that service;

(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;

(ha) the licensee will comply with the requirements set out in section 205B;

(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);

(k) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial radio broadcasting service under the licence unless the service is a digital commercial radio broadcasting service.

(2) Each commercial radio broadcasting licence is also subject to the following conditions:

(a) the licensee will provide a service or services that, when considered together with other broadcasting services available in the licence area of the licence (including another service or services operated by the licensee), contributes to the provision of an adequate and comprehensive range of broadcasting services in that licence area;

(b) the licensee will remain a suitable licensee;

(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.

(3) Each commercial radio broadcasting licence is also subject to the condition that the licensee will not provide commercial radio broadcasting services under the licence outside the licence area of the licence unless:

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

(b) the provision of those services outside that licence area occurs as a necessary result of the provision of commercial radio broadcasting services within the licence area; or

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

(ii) the ACMA has given permission in writing; or

(d) all of the following subparagraphs apply:

(i) the first‑mentioned licensee satisfies the ACMA that there is a person (the eligible person ) who is in a commercial radio broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a commercial radio broadcasting service or services provided by a commercial radio broadcasting licensee for the second licence area;

(iii) the ACMA has given permission in writing.

Part 5 -- Community broadcasting licences

9 Conditions applicable to services provided under community broadcasting licences

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

(a) the licensee will not, in contravention of the Tobacco Advertising Prohibition Act 1992 , broadcast a tobacco advertisement within the meaning of that Act;

(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);

(caa) if the licensee provides a digital community radio broadcasting service under the licence--the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);

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

(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;

(j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a community broadcasting service under the licence unless the service is a digital community radio broadcasting service.

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

(a) the licensee will remain a suitable licensee;

(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;

(i) the operations of the licensee in providing the service or services; and

(ii) the selection and provision of programs under the licence;

(d) the licensee will provide the service or services for community purposes;

(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 ).

(2A) Each community broadcasting licence is also subject to the condition that the licensee will not provide community broadcasting services under the licence outside the licence area of the licence unless:

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

(b) the provision of those services outside that licence area occurs as a necessary result of the provision of community broadcasting services within the licence area; or

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

(ii) the ACMA has given permission in writing; or

(d) all of the following subparagraphs apply:

(i) the first‑mentioned licensee satisfies the ACMA that there is a person (the eligible person ) who is in a community broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a community broadcasting service or services provided by a community broadcasting licensee for the second licence area;

(iii) the ACMA has given permission in writing.

(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

(b) in any other case--5 minutes in any hour of broadcasting on that service.

(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:

(a) material that publicises programs to be broadcast by the licensee;

(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".

Part 6 -- Subscription television broadcasting licences

10 Conditions applicable to subscription television broadcasting licences

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

(a) the licensee will not, in contravention of the Tobacco Advertising Prohibition Act 1992 , broadcast a tobacco advertisement within the meaning of that Act;

(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);

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

(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;

(e) the licensee will not acquire the right to televise, on a subscription television broadcasting service, an event that is specified in a notice under subsection 115(1) unless:

(i) a national broadcaster has the right to televise the event on any of its broadcasting services; or

(ii) the television broadcasting services of commercial television broadcasting licensees (other than licensees who hold licences allocated under subsection 40(1)) who have the right to televise the event cover a total of more than 50% of the Australian population;

(ea) the licensee will comply with subsection 121E(2) (section 121E is about requiring the ACMA's permission to provide certain television services in regional areas);

(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;

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

(j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a subscription television broadcasting service under the licence.

(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 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.

(1B) For the purposes of subparagraph (1)(e)(ii), if a program supplier for a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under subsection 40(1)) has a right to televise an event, the licensee is taken also to have the right. For this purpose, program supplier means a person who:

(a) has an agreement to supply the licensee with program material that can be televised on a commercial television broadcasting service provided by the licensee (whether or not the program material includes matter showing the event); and

(b) supplies the licensee with a substantial proportion of all the program material that is televised on a commercial television broadcasting service provided by the licensee (whether or not the material is supplied under the agreement mentioned in paragraph (a)).

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

(a) the licensee will remain a suitable licensee;

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

Part 7 -- Services provided under class licences

11 Conditions applicable to broadcasting services provided under class licences

(1) The following conditions apply to the provision by a person of a broadcasting service under a class licence:

(a) the licensee will not, in contravention of the Tobacco Advertising Prohibition Act 1992 , broadcast a tobacco advertisement within the meaning of that Act;

(ab) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service--the person will comply with subsection 121E(2) (section 121E is about requiring the ACMA's permission to provide certain television services in regional areas);

(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);

(baa) in the case of a person who provides:

(i) a subscription radio broadcasting service; or

(ii) a subscription radio narrowcasting service; or

(iii) an open narrowcasting radio service;

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;

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

(e) the person will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide broadcasting services under the licence.

(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.

(3) The provision by a person of an open narrowcasting television service under a class licence is also subject to the following conditions:

(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.

Broadcasting Services Act 1992

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 ................................. 7

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

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

5B......... HDTV multi‑channelled commercial television broadcasting service . 8

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

5D......... HDTV multi‑channelled national television broadcasting service ...... 9

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

Part 2--Commercial television 13

6............ Commercial television conversion scheme ........................................ 13

6A......... Determination of simulcast period--metropolitan and regional licence areas 26

6B......... Determination of simulcast period--remote licence areas ................ 28

7............ Scheme may confer administrative powers on the ACMA .............. 28

7A......... Scheme may confer power to make digital channel plans ................. 28

7B......... Revocation of multi‑channelling election .......................................... 29

8............ Transmitter licences .......................................................................... 29

9............ Submission of implementation plans to the ACMA ........................ 33

10.......... Amendment of certain plans and guidelines ..................................... 33

11.......... Reviews and reports ......................................................................... 33

12.......... Ancillary or incidental provisions .................................................... 34

13.......... ACMA to have regard to datacasting allocation power ................... 34

14.......... ACMA to have regard to special circumstances that apply in remote licence areas 34

15.......... Minister may give directions to the ACMA .................................... 34

16.......... Variation of scheme .......................................................................... 34

17.......... Scheme to be a disallowable instrument ........................................... 35

18.......... Processes to be public ...................................................................... 35

Part 3--ABC/SBS television 36

19.......... National television conversion scheme ............................................. 36

20.......... National broadcasters to give implementation plans to the Minister 45

21.......... Compliance with implementation plans ........................................... 47

22.......... Scheme may confer administrative powers on the ACMA .............. 47

22A....... Scheme may confer power to make digital channel plans ................. 47

23.......... Transmitter licences .......................................................................... 48

24.......... Amendment of certain plans and guidelines ..................................... 51

25.......... Reviews and reports ......................................................................... 51

26.......... Ancillary or incidental provisions .................................................... 51

27.......... ACMA to have regard to datacasting allocation power ................... 51

28.......... ACMA to have regard to special circumstances that apply in remote coverage areas 52

29.......... Minister may give directions to the ACMA .................................... 52

30.......... Variation of scheme .......................................................................... 52

31.......... Scheme to be a disallowable instrument ........................................... 52

32.......... Scheme does not take effect until approved by the Minister ........... 52

33.......... Processes to be public ...................................................................... 53

34.......... Compliance with scheme .................................................................. 53

35.......... Simulcasting requirements ................................................................ 53

35AA.... National broadcasters must provide HDTV multi‑channelled national television broadcasting service during simulcast period etc. ......................................................................................... 53

36.......... Digital transmitter not to be used to provide a subscription television broadcasting service etc. 54

Part 4--Standards and HDTV quotas 55

Division 2--HDTV quotas and standards 55

37DA.... This Division does not apply in relation to licences allocated under subsection 40(1) 55

37E........ Non‑remote areas--HDTV quotas for commercial television broadcasting licensees 55

37F........ Non‑remote areas--HDTV quotas for national broadcasters .......... 56

37G....... Remote areas--HDTV quotas for commercial television broadcasting licensees 57

37H....... Remote areas--HDTV quotas for national broadcasters ................. 58

37K....... Compliance by national broadcasters ............................................... 59

37L........ High‑definition television programs ................................................. 59

37M...... Prime viewing hours ......................................................................... 62

Division 3--Captioning 63

38.......... Captioning ........................................................................................ 63

Division 5--Miscellaneous 68

41.......... Standards may incorporate other instruments .................................. 68

Part 4A--Restrictions on televising anti‑siphoning events 69

Division 1--Commercial television broadcasting services 69

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. .................. 69

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. ........... 70

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. .................. 71

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. ........... 73

41E........ SDTV multi‑channelled commercial television broadcasting service--restrictions on televising anti‑siphoning events after the end of the simulcast period etc. .......................................... 74

41F........ HDTV multi‑channelled commercial television broadcasting service--restrictions on televising anti‑siphoning events after the end of the simulcast period etc. .......................................... 75

41G....... Primary commercial television broadcasting service ......................... 76

Division 2--National television broadcasting services 78

41H....... SDTV multi‑channelled national television broadcasting service--restrictions on televising anti‑siphoning events during the simulcast period etc. ................................................................... 78

41J........ HDTV multi‑channelled national television broadcasting service--restrictions on televising anti‑siphoning events during the simulcast period etc. ........................................................ 79

41K....... SDTV multi‑channelled national television broadcasting service--restrictions on televising anti‑siphoning events after the end of the simulcast period etc. .................................................. 80

41L........ HDTV multi‑channelled national television broadcasting service--restrictions on televising anti‑siphoning events after the end of the simulcast period etc. .................................................. 81

41M...... Primary national television broadcasting service .............................. 82

Part 5--Transmitter access regime 83

42.......... Simplified outline .............................................................................. 83

43.......... Definitions ........................................................................................ 83

43A....... Designated associated facilities ......................................................... 84

44.......... Extended meaning of access .............................................................. 84

45.......... Access to broadcasting transmission towers .................................... 85

45A....... Access to designated associated facilities ......................................... 86

46.......... Access to sites of broadcasting transmission towers ....................... 88

47.......... Terms and conditions of access ........................................................ 90

48.......... Code relating to access ...................................................................... 91

49.......... Arbitration--acquisition of property ............................................... 92

50.......... Relationship between this Part and the National Transmission Network Sale Act 1998 92

Part 6--Collection of datacasting charge 94

51.......... Collection of datacasting charge ........................................................ 94

52.......... Cancellation of certain exemptions from datacasting charge ............. 95

Part 7--Injunctions 96

54.......... Injunctions ........................................................................................ 96

55.......... Interim injunctions ............................................................................ 97

56.......... Discharge etc. of injunctions ............................................................. 97

57.......... Certain limits on granting injunctions not to apply .......................... 97

58.......... Other powers of the court unaffected .............................................. 98

Part 8--Reviews 99

60B....... Review before 1 January 2006 ......................................................... 99

60C....... Review of content and captioning rules applicable to multi‑channelled commercial television broadcasting services .......................................................................................................... 99

Part 10--Review of decisions 101

62.......... Review by the AAT ....................................................................... 101

63.......... Notification of decisions to include notification of reasons and appeal rights 102

Part 11--Regional equalisation plan 103

64.......... Regional equalisation plan .............................................................. 103

Schedule 5--Online services 105

Part 1--Introduction 105

2............ Simplified outline ............................................................................ 105

3............ Definitions ...................................................................................... 106

5............ Internet content that consists of a film ........................................... 108

7............ Extended meaning of use ................................................................. 108

Part 2--Internet service providers 109

8............ Internet service providers ............................................................... 109

9............ Supply to the public ....................................................................... 109

Part 4--Complaints to, and investigations by, the ACMA 111

Division 1--Making of complaints to the ACMA 111

23.......... Complaints about breaches of online provider rules etc. ................ 111

24.......... Form of complaint .......................................................................... 111

25.......... Residency etc. of complainant ........................................................ 111

Division 2--Investigations by the ACMA 112

26.......... Investigation of complaints by the ACMA ................................... 112

27.......... ACMA may investigate matters on its own initiative ................... 112

28.......... Conduct of investigations ............................................................... 112

29.......... Protection from civil proceedings ................................................... 113

Division 4--Action to be taken in relation to a complaint about prohibited content hosted outside Australia 114

40.......... Action to be taken in relation to a complaint about prohibited content hosted outside Australia 114

41.......... Deferral of action in order to avoid prejudicing a criminal investigation 116

42.......... Withdrawal of notification of content--reclassification of Internet content 116

43.......... Withdrawal of notification of content--reclassification of Internet content that consists of a film or a computer game ........................................................................................................ 117

44.......... Revocation of standard access‑prevention notice--reclassification of Internet content 118

45.......... Revocation of standard access‑prevention notice--reclassification of Internet content that consists of a film or a computer game ................................................................................ 118

46.......... Anti‑avoidance--notified Internet content ..................................... 119

47.......... Anti‑avoidance--special access‑prevention notice ........................ 120

48.......... Compliance with access‑prevention notices ................................... 121

49.......... Notification of Internet content ...................................................... 121

50.......... Application of notifications under this Division ............................ 122

51.......... ACMA may be taken to have issued access‑prevention notices ... 122

Part 5--Industry codes and industry standards 123

Division 1--Simplified outline 123

52.......... Simplified outline ............................................................................ 123

Division 2--Interpretation 124

53.......... Industry codes ................................................................................ 124

54.......... Industry standards .......................................................................... 124

55.......... Internet activity .............................................................................. 124

56.......... Section of the Internet industry ...................................................... 124

57.......... Participants in a section of the Internet industry ........................... 124

58.......... Designated body ............................................................................. 124

Division 3--General principles relating to industry codes and industry standards 125

59.......... Statement of regulatory policy ....................................................... 125

60.......... Matters that must be dealt with by industry codes and industry standards 125

61.......... Industry codes and industry standards not to deal with certain matters 129

Division 4--Industry codes 130

62.......... Registration of industry codes ........................................................ 130

63.......... ACMA may request codes ............................................................. 131

64.......... Publication of notice where no body or association represents a section of the Internet industry 132

65.......... Replacement of industry codes ...................................................... 133

66.......... Compliance with industry codes .................................................... 133

67.......... Formal warnings--breach of industry codes .................................. 133

Division 5--Industry standards 134

68.......... ACMA may determine an industry standard if a request for an industry code is not complied with 134

69.......... ACMA may determine industry standard where no industry body or association formed 135

70.......... ACMA may determine industry standards--total failure of industry codes 136

71.......... ACMA may determine industry standards--partial failure of industry codes 137

72.......... Compliance with industry standards .............................................. 138

73.......... Formal warnings--breach of industry standards ............................ 139

74.......... Variation of industry standards ...................................................... 139

75.......... Revocation of industry standards ................................................... 139

76.......... Public consultation on industry standards ..................................... 140

77.......... Consultation with designated body ................................................ 140

Division 6--Register of industry codes and industry standards 141

78.......... ACMA to maintain Register of industry codes and industry standards 141

Part 6--Online provider rules 142

79.......... Online provider rules ...................................................................... 142

80.......... Online provider determinations ...................................................... 142

81.......... Exemptions from online provider determinations .......................... 143

82.......... Compliance with online provider rules ........................................... 143

83.......... Remedial directions--breach of online provider rules .................... 144

84.......... Formal warnings--breach of online provider rules ......................... 144

85.......... Federal Court may order a person to cease supplying Internet carriage services 145

Part 7--Offences 146

86.......... Continuing offences ........................................................................ 146

87.......... Conduct by directors, employees and agents ................................. 146

Part 8--Protection from civil and criminal proceedings 149

88.......... Protection from civil proceedings--Internet service providers ...... 149

Part 9--Operation of State and Territory laws etc. 150

90.......... Concurrent operation of State and Territory laws ......................... 150

91.......... Liability of Internet content hosts and Internet service providers under State and Territory laws etc. 150

Part 10--Review of decisions 152

92.......... Review by the AAT ....................................................................... 152

93.......... Notification of decisions to include notification of reasons and appeal rights 152

Part 11--Miscellaneous 153

94.......... Additional ACMA functions ......................................................... 153

95.......... Review before 1 January 2003 ....................................................... 153

96.......... Schedule not to affect performance of State or Territory functions 154

Schedule 6--Datacasting services 155

Part 1--Introduction 155

1............ Simplified outline ............................................................................ 155

2............ Definitions ...................................................................................... 156

3............ Educational programs ..................................................................... 158

4............ Information‑only programs ............................................................ 159

5............ Foreign‑language news or current affairs programs ........................ 161

6............ Datacasting content is taken not to be a television program or a radio program etc. 161

Part 2--Datacasting licences 163

7............ Allocation of datacasting licence ..................................................... 163

8............ When datacasting licence must not be allocated ............................. 163

9............ Unsuitable applicant ....................................................................... 163

10.......... Transfer of datacasting licences ...................................................... 164

11.......... Surrender of datacasting licences .................................................... 165

12.......... ACMA to maintain Register of datacasting licences that are not restricted datacasting licences 165

12A....... ACMA to maintain Register of restricted datacasting licences ...... 165

Part 3--Conditions of datacasting licences 166

Division 1--Genre conditions 166

13.......... Category A television programs ..................................................... 166

14.......... Condition relating to category A television programs .................... 167

15.......... Category B television programs ..................................................... 168

16.......... Condition relating to category B television programs .................... 169

17.......... Genre conditions do not apply to Parliamentary proceedings etc. 170

18.......... Genre conditions do not apply to matter that consists of no more than text or still visual images etc. 171

18A....... Genre conditions do not apply to advertising or sponsorship material 172

19.......... Genre conditions do not apply to interactive computer games ...... 172

20.......... Genre conditions do not apply to Internet carriage services or ordinary electronic mail 172

20AA.... Genre conditions do not apply to certain content copied from the Internet 172

Division 2--Audio content condition 174

21.......... Audio content condition ................................................................. 174

22.......... Audio content condition does not apply to Parliamentary proceedings etc. 175

23.......... Audio content condition does not apply to matter that consists of no more than text or still visual images etc. 176

23A....... Audio content condition does not apply to advertising or sponsorship material 176

Division 2A--Genre conditions: anti‑avoidance 177

23B....... Anti‑avoidance--declared Internet carriage services ...................... 177

Division 3--Other conditions 178

24.......... General conditions .......................................................................... 178

24A....... Special conditions for restricted datacasting licences ..................... 180

25.......... Suitability condition ....................................................................... 180

26.......... Additional conditions imposed by the ACMA .............................. 181

27.......... Restricted access system ................................................................ 182

Division 4--Exemption orders for content copied from the Internet 183

27A....... Exemption orders in relation to content copied from the Internet . 183

Part 4--Codes of practice 184

28.......... Development of codes of practice .................................................. 184

29.......... Review by the ACMA ................................................................... 187

30.......... ACMA to maintain Register of codes of practice .......................... 188

31.......... ACMA may determine standards where codes of practice fail or where no code of practice developed 188

32.......... Consultation on standards .............................................................. 188

33.......... Notification of determination or variation or revocation of standards 189

34.......... Limitation of ACMA's power in relation to standards ................. 189

35.......... This Part does not apply to Internet carriage services or ordinary electronic mail 189

35A....... This Part does not apply to the ABC or SBS ................................ 189

Part 5--Complaints to the ACMA about datacasting services 190

36.......... Complaints about offences or breach of licence conditions ............ 190

37.......... Complaints under codes of practice ............................................... 190

38.......... Investigation of complaints by the ACMA ................................... 191

Part 6--Control of datacasting transmitter licences 192

41.......... Datacasting transmitter licences not to be controlled by ABC or SBS 192

Part 7--Nominated datacaster declarations 193

42.......... Object of this Part .......................................................................... 193

43.......... Datacasting transmitter licence ....................................................... 193

44.......... Applications for nominated datacaster declarations ....................... 193

45.......... Making a nominated datacaster declaration .................................... 194

46.......... Effect of nominated datacaster declaration ..................................... 194

47.......... Revocation of nominated datacaster declaration ............................. 195

48.......... Register of nominated datacaster declarations ................................ 196

Part 8--Remedies for breaches of licensing provisions 197

Division 1--Providing a datacasting service without a licence 197

49.......... Prohibition on providing a datacasting service without a licence ... 197

50.......... Remedial directions--unlicensed datacasting services .................... 197

51.......... Exemption for broadcasting licensees etc. ...................................... 198

51A....... Exemption for designated teletext services ..................................... 199

Division 2--Breaches of licence conditions 200

52.......... Offence for breach of conditions .................................................... 200

52A....... Civil penalty provision relating to breach of conditions of datacasting licences 200

53.......... Remedial directions--breach of conditions .................................... 201

54.......... Suspension and cancellation ........................................................... 202

55.......... Injunctions ...................................................................................... 203

56.......... Federal Court's powers relating to injunctions .............................. 204

57.......... Stay of proceedings relating to additional licence conditions, remedial directions and suspension/cancellation decisions ........................................................................................................ 205

Part 9--Review of decisions 208

58.......... Review by the Administrative Appeals Tribunal .......................... 208

59.......... Notification of decisions to include notification of reasons and appeal rights 209

Schedule 7--Content services 210

Part 1--Introduction 210

1............ Simplified outline ............................................................................ 210

2............ Definitions ...................................................................................... 212

3............ Australian connection ..................................................................... 221

4............ Hosting service ............................................................................... 222

5............ Content service provider ................................................................ 222

6............ When content is provided by a content service .............................. 222

7............ When content service is provided to the public etc. ....................... 223

8............ Links to content .............................................................................. 223

9............ Services supplied by way of a voice call or video call .................... 223

9A......... Ancillary subscription television content service ........................... 223

10.......... Classification of live content etc. .................................................... 224

11.......... Eligible electronic publication ......................................................... 225

12.......... Re‑transmitted broadcasting services ............................................. 226

13.......... Re‑transmitted datacasting services ................................................ 226

14.......... Restricted access system ................................................................ 226

15.......... R 18+ content and MA 15+ content .............................................. 227

16.......... Content that consists of a film ....................................................... 228

17.......... Extended meaning of use ................................................................. 228

18.......... Trained content assessor ................................................................ 228

19.......... Extra‑territorial application ............................................................ 229

Part 2--Classification of content 230

Division 1--Prohibited content and potential prohibited content 230

20.......... Prohibited content .......................................................................... 230

21.......... Potential prohibited content ........................................................... 231

Division 2--Classification of content 232

22.......... Applications for classification of content ...................................... 232

23.......... Classification of content ................................................................. 233

24.......... Classification of content that consists of a film, a computer game or an eligible electronic publication 233

25.......... Classification of content that does not consist of a film, a computer game or an eligible electronic publication 234

26.......... Deemed classification of content classified under Schedule 5 ........ 234

27.......... Fees ................................................................................................. 235

Division 3--Reclassification 237

28.......... Reclassification of content .............................................................. 237

29.......... Notice of intention to reclassify content ........................................ 237

Division 4--Review of classification decisions 239

Subdivision A--Review of classification of content 239

30.......... Persons who may apply for review ............................................... 239

31.......... Applications for review .................................................................. 240

32.......... Classification Review Board may refuse to deal with review applications that are frivolous etc. 241

33.......... Review ............................................................................................ 241

Subdivision B--Review of content that consists of a film or a computer game 242

34.......... Review of classification of content that consists of a film or a computer game 242

Subdivision C--Review of content that consists of an eligible electronic publication 242

35.......... Review of classification of content that consists of an eligible electronic publication 242

Division 5--Miscellaneous 244

36.......... Decisions of the Classification Board etc. ...................................... 244

Part 3--Complaints to, and investigations by, the ACMA 245

Division 1--Making of complaints to the ACMA 245

37.......... Complaints about prohibited content or potential prohibited content 245

38.......... Complaints relating to breach of a designated content/hosting service provider rule etc. 247

39.......... Form of complaint .......................................................................... 247

40.......... Recordings of live content .............................................................. 247

41.......... Residency etc. of complainant ........................................................ 248

42.......... Escalation of complaints made under industry codes etc. .............. 248

Division 2--Investigations by the ACMA 250

43.......... Investigation of complaints by the ACMA ................................... 250

44.......... ACMA may investigate matters on its own initiative ................... 250

45.......... Conduct of investigations ............................................................... 251

46.......... Protection from civil proceedings ................................................... 251

Division 3--Action to be taken in relation to hosting services 252

47.......... Action to be taken in relation to hosting services ........................... 252

48.......... Revocation of interim take‑down notices--voluntary withdrawal of content 256

49.......... Revocation of final take‑down notices--reclassification of content 256

50.......... Revocation of final take‑down notices--reclassification of content that consists of a film or a computer game 257

51.......... Revocation of final take‑down notices--reclassification of a corresponding print publication 257

52.......... Anti‑avoidance--special take‑down notices .................................. 257

53.......... Compliance with rules relating to prohibited content etc. .............. 259

54.......... Identification of content ................................................................. 260

55.......... Application of notices under this Division .................................... 260

Division 4--Action to be taken in relation to live content services 261

56.......... Action to be taken in relation to live content services .................... 261

57.......... Undertaking--alternative to service‑cessation notice ..................... 264

58.......... Revocation of service‑cessation notices--undertaking ................... 264

59.......... Revocation of final service‑cessation notices--reclassification of content 265

59A....... Anti‑avoidance--special service‑cessation notices ........................ 265

60.......... Compliance with rules relating to prohibited content etc. .............. 267

61.......... Identification of content ................................................................. 267

Division 5--Action to be taken in relation to links services 268

62.......... Action to be taken in relation to links services ............................... 268

63.......... Revocation of interim link‑deletion notices--voluntary deletion of link 272

64.......... Revocation of final link‑deletion notices--reclassification of content 272

65.......... Revocation of final link‑deletion notices--reclassification of content that consists of a film or a computer game 273

66.......... Revocation of final link‑deletion notices--reclassification of a corresponding print publication 273

67.......... Anti‑avoidance--special link‑deletion notices ............................... 274

68.......... Compliance with rules relating to prohibited content etc. .............. 275

Division 6--Law enforcement agencies 277

69.......... Referral of matters to law enforcement agencies ............................ 277

70.......... Deferral of action in order to avoid prejudicing a criminal investigation--hosting services 278

71.......... Deferral of action in order to avoid prejudicing a criminal investigation--live content services 278

72.......... Deferral of action in order to avoid prejudicing a criminal investigation--links services 279

Part 4--Industry codes and industry standards 280

Division 1--Simplified outline 280

73.......... Simplified outline ............................................................................ 280

Division 2--Interpretation 281

74.......... Industry codes ................................................................................ 281

75.......... Industry standards .......................................................................... 281

76.......... Content activity .............................................................................. 281

77.......... Sections of the content industry ..................................................... 281

78.......... Participants in a section of the content industry ............................ 282

79.......... Designated body ............................................................................. 282

Division 3--General principles relating to industry codes and industry standards 283

80.......... Statement of regulatory policy ....................................................... 283

81.......... Matters that must be dealt with by industry codes and industry standards--commercial content providers 283

82.......... Examples of matters that may be dealt with by industry codes and industry standards 285

83.......... Escalation of complaints ................................................................. 287

84.......... Collection of personal information ................................................. 287

Division 4--Industry codes 288

85.......... Registration of industry codes ........................................................ 288

86.......... ACMA may request codes ............................................................. 289

87.......... Publication of notice where no body or association represents a section of the content industry 290

88.......... Replacement of industry codes ...................................................... 290

89.......... Compliance with industry codes .................................................... 291

90.......... Formal warnings--breach of industry codes .................................. 291

Division 5--Industry standards 292

91.......... ACMA may determine an industry standard if a request for an industry code is not complied with 292

92.......... ACMA may determine industry standard where no industry body or association formed 293

93.......... ACMA may determine industry standards--total failure of industry codes 293

94.......... ACMA may determine industry standards--partial failure of industry codes 295

95.......... Compliance with industry standards .............................................. 296

96.......... Formal warnings--breach of industry standards ............................ 296

97.......... Variation of industry standards ...................................................... 297

98.......... Revocation of industry standards ................................................... 297

99.......... Public consultation on industry standards ..................................... 297

100........ Consultation with designated body ................................................ 298

Division 6--Register of industry codes and industry standards 299

101........ ACMA to maintain Register of industry codes and industry standards 299

Division 7--Miscellaneous 300

102........ Industry codes may provide for matters by reference to other instruments 300

103........ Industry standards may provide for matters by reference to other instruments 300

Part 5--Designated content/hosting service provider determinations 301

104........ Designated content/hosting service provider determinations ......... 301

105........ Exemptions from designated content/hosting service provider determinations 301

Part 6--Enforcement 303

106........ Compliance with designated content/hosting service provider rules--offence 303

107........ Compliance with designated content/hosting service provider rules--civil penalty provision 303

108........ Remedial directions--breach of designated content/hosting service provider rules 304

109........ Formal warnings--breach of designated content/hosting service provider rules 305

110........ Federal Court may order a person to cease providing designated content/hosting services 305

Part 7--Protection from civil and criminal proceedings 306

111........ Protection from civil proceedings--service providers .................... 306

112........ Protection from criminal proceedings--ACMA, Classification Board and Classification Review Board 306

Part 8--Review of decisions 308

113........ Review by the Administrative Appeals Tribunal .......................... 308

Part 9--Miscellaneous 311

114........ Additional ACMA functions ......................................................... 311

115........ Recordings of content etc. .............................................................. 311

116........ Samples of content to be submitted for classification .................... 312

117........ Service of summons, process or notice on corporations incorporated outside Australia 312

117A..... Meaning of broadcasting service ................................................... 313

118........ Review ............................................................................................ 313

119........ This Schedule does not limit Schedule 5 ......................................... 313

120........ This Schedule does not limit the Telecommunications Act 1997 .... 313

121........ Implied freedom of political communication .................................. 314

122........ Concurrent operation of State and Territory laws ......................... 314

123........ Schedule not to affect performance of State or Territory functions 314

Notes 315

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