SPECIAL BROADCASTING SERVICE ACT 1991 - SECT 45 Advertising and sponsorship--broadcasting services

SPECIAL BROADCASTING SERVICE ACT 1991 - SECT 45

  (1)   Subject to subsection   (2) and sections   70C and 71, the SBS may broadcast advertisements and sponsorship announcements on any of its broadcasting services.

  (2)   The SBS may only broadcast advertisements or sponsorship announcements:

  (a)   that run during periods before programs commence, after programs end or during natural program breaks; and

  (b)   that run in total for not more than 5 minutes in any hour of broadcasting.

  (3)   In computing the length of time devoted to the broadcasting of advertisements and sponsorship announcements, account is not to be taken to the broadcasting by the SBS of any of the following:

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

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

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

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

  (4)   The Board:

  (a)   must develop and publicise guidelines on the kinds of advertisements and sponsorship announcements that it is prepared to broadcast; and

  (b)   may develop guidelines on other matters relating to advertisements and sponsorship announcements including:

  (i)   the placement of such advertisements and announcements; and

  (ii)   the duration of such advertisements and announcements; and

  (iii)   the kinds of advertising and sponsorship (if any) that particular kinds of program may carry.

  (5)   The Board must, from time to time, revise any guidelines developed by it and must ensure that the guidelines as so developed, or as so developed and revised, are included in the corporate plan prepared by the Board under section   35 of the Public Governance, Performance and Accountability Act 2013 .

  (6)   Without limiting the generality of subsection   (4), the reference to kinds of advertisements and sponsorship announcements in that subsection includes a reference to such kinds of advertisements and sponsorship announcements identified by reference to products and services.