Commonwealth Numbered Acts

BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - SECT 6

6.(1) In this Act, unless the contrary intention appears:

"ABA" means the Australian Broadcasting Authority;

"amount paid on shares", in relation to a company, includes an amount treated
by the company as having been so paid;

"associate", in relation to a person in relation to control of a licence or a
newspaper, or control of a company in relation to a licence or a newspaper,
means:

   (a)  the person's spouse (including a de facto spouse) or a parent, child,
        brother or sister of the person; or

   (b)  a partner of the person or, if a partner of the person is a natural
        person, a spouse or a child of a partner of the person; or

   (c)  if the person or another person who is an associate of the person
        under another paragraph receives benefits or is capable of benefiting
        under a trust - the trustee of the trust; or

   (d)  a person (whether a company or not) who:

        (i)    acts, or is accustomed to act; or

        (ii)   under a contract or an arrangement or understanding (whether
               formal or informal) is intended or expected to act; in
               accordance with the directions, instructions or wishes of, or
               in concert with, the first-mentioned person or of the
               first-mentioned person and another person who is an associate
               of the first-mentioned person under another paragraph; or

   (e)  if the person is a company - another company if:

        (i)    the other company is a related body corporate of the person for
               the purposes of the Corporations Act 1990; or

        (ii)   the person, or the person and another person who is an
               associate of the person under another paragraph, are in a
               position to exercise control of the other company; but:

   (f)  persons are not associates if the ABA is satisfied that they do not,
        in any relevant dealings relating to that company, licence or
        newspaper, act together, and neither of them is in a position to exert
        influence over the business dealings of the other in relation to that
        company, licence or newspaper; and

   (g)  persons are not associates only because of an association between them
        in relation to their participation in a venture that operates the
        initial satellite licence;

"associate member" means an associate member of the ABA;

"Australian drama program", in relation to a satellite subscription
television broadcasting licence, means a drama program:

   (a)  that has been made wholly or substantially in Australia or in an
        external Territory and has a significant Australian content; or

   (b)  that has been made in pursuance of an agreement or arrangement entered
        into between the Government of Australia or an authority of the
        Government of Australia and the Government of another country or an
        authority of the Government of another country; or

   (c)  that is to be treated as an Australian program under an agreement
        between Australia and another country; or

   (d)  in relation to which a certificate under Division 10BA of Part III of
        the Income Tax Assessment Act 1936 has been issued; or

   (e)  that would, if it were not a program of the kind referred to in
paragraph (d) or (e) of the definition of "drama program", be entitled to such
a certificate; or

   (f)  would be an Australian drama program for the purposes of a standard
        relating to Australian content that is in force under paragraph
        122(2)(b); but does not include a program in relation to which a
        declaration under subsection (3) is in force;

"broadcasting service" means a service that delivers television programs or
radio programs to persons having equipment appropriate for receiving that
service, whether the delivery uses the radiofrequency spectrum, cable, optical
fibre, satellite or any other means or a combination of those means, but does
not include:

   (a)  a service (including a teletext service) that provides no more than
        data, or no more than text (with or without associated still images);
        or

   (b)  a service that makes programs available on demand on apoint-to-point
        basis, including a dial-up service; or

   (c)  a service, or a class of services, that the Minister determines, by
        notice in the Gazette, not to fall within this definition;

"broadcasting services bands" means that part of the radiofrequency spectrum
that:

   (a)  is designated under the Radiocommunications Act 1983 as being
        primarily for broadcasting purposes; and

   (b)  is assigned by the Minister under that Act to the ABA for planning;

"broadcasting services bands licence" means a commercial television
broadcasting licence, a commercial radio broadcasting licence or a community
broadcasting licence that uses the broadcasting services bands as a means of
delivering broadcasting services;

"census count" means a census count of the Australian population published by
the Australian Statistician;

"Chairperson" means the Chairperson of the ABA;

"class licence" means a class licence determined by the ABA under section 117;

"commercial broadcasting service" has the meaning given by section 14;

"commercial radio broadcasting licence" means a licence to provide a
commercial broadcasting service that provides radio programs;

"commercial television broadcasting licence" means a licence to provide a
commercial broadcasting service that provides television programs;

"community broadcasting licence" means a licence to provide a community
broadcasting service that provides radio programs or television programs;

"community broadcasting service" has the meaning given by section 15;

"company interests", in relation to a person who has a shareholding interest,
a voting interest, a dividend interest or a winding-up interest in a company,
means the percentage of that interest or, if the person has 2 or more of those
interests, whichever of those interests has the greater or greatest
percentage;

"control" includes control as a result of, or by means of, trusts, agreements,
arrangements, understandings and practices, whether or not having legal or
equitable force and whether or not based on legal or equitable rights;

"Deputy Chairperson" means the Deputy Chairperson of the ABA;

"drama program", in relation to a satellite subscription television
broadcasting licence, includes:

   (a)  a feature film of the kind that is commonly screened as a main
        attraction in commercial cinemas; and

   (b)  a film that is similar in nature to a feature film but was produced
        for broadcasting on television; and

   (c)  a mini series produced for broadcasting on television comprising an
        extended but self-contained drama and that is designed to be broadcast
        in 2 or more sequential parts; and

   (d)  a drama series produced for broadcasting on television that comprises
        a potentially unlimited number of episodes each of which:

        (i)    has a self-contained plot; and

        (ii)   can be broadcast in any order; and

   (e)  a continuing drama series produced for broadcasting on television that
        comprises a potentially unlimited number of episodes that are arranged
        into a consecutive series for broadcasting;

"Federal Court" means the Federal Court of Australia;

"foreign person" means:

   (a)  a natural person who is not an Australian citizen; or

   (b)  a company, wherever incorporated, where natural persons who are not
        Australian citizens hold company interests in the company exceeding
        50%; or

   (c)  a company, wherever incorporated, where:

        (i)    a company referred to in paragraph (b); or

        (ii)   natural persons who are not Australian citizens and a company
               or companies referred to in paragraph (b); hold
               company interests in the company exceeding 50%;

"initial satellite licence" means the satellite subscription television
broadcasting licence referred to in paragraph 93(1)(a);

"legislature of a Territory" means:

   (a)  the Legislative Assembly for the Australian Capital Territory; or

   (b)  the Legislative Assembly of the Northern Territory; or

   (c)  such other Territory legislative bodies as are prescribed;

"licence" means a licence allocated by the ABA under this Act, but does not
include a class licence;

"licence area" means an area designated by the ABA under section 29 or 40;

"licence area population", in relation to a licence area, means the population
of the licence area determined under section 30;

"member" means a member of the ABA, and includes the Chairperson and the
Deputy Chairperson;

"national broadcaster" means the provider of a national broadcasting service
referred to in paragraph 13(1)(a) or (b);

"national broadcasting service" has the meaning given by section 13;

"newspaper" means a newspaper that is in the English language and is published
on at least 4 days in each week, but does not include a publication if less
than 50% of its circulation is by way of sale;

"open narrowcasting radio service" means an open narrowcasting service that
provides radio programs;

"open narrowcasting service" has the meaning given by section 18;

"open narrowcasting television service" means an open narrowcasting service
that provides television programs;

"overlap area", in relation to a licence area part of which is within another
licence area, means the area of overlap between the 2 licence areas;

"Parliament" means:

   (a)  the Parliament of the Commonwealth; or

   (b)  a State Parliament; or

   (c)  the legislature of a Territory;

"political party" means an organisation whose objects or activities include
the promotion of the election of candidates endorsed by it to a Parliament;

"population of Australia" means the Australian population determined by the
ABA under section 30;

"program", in relation to a broadcasting service, means:

   (a)  matter the primary purpose of which is to entertain, to educate or to
        inform an audience; or

   (b)  advertising or sponsorship matter, whether or not of a commercial
        kind;

"program standards" means standards determined by the ABA relating to the
content or delivery of programs;

"satellite subscription television broadcasting licence" means a licence under
Part 7 to provide a subscription television broadcasting service with the use
of a subscription television satellite;

"shares", in relation to a company, means shares in, or stock forming part of,
the capital of the company;

"subscription broadcasting service" has the meaning given by section 16;

"subscription fee" includes any form of consideration;

"subscription narrowcasting service" has the meaning given by section 17;

"subscription radio broadcasting service" means a subscription broadcasting
service that provides radio programs;

"subscription radio narrowcasting service" means a subscription
narrowcasting service that provides radio programs;

"subscription television broadcasting service" means a subscription
broadcasting service that provides television programs;

"subscription television narrowcasting service" means a subscription
narrowcasting service that provides television programs;

"subscription television satellite" means a satellite operated under the
general telecommunications licence that was granted to AUSSAT Pty Ltd and
notified on 26 November 1991 in Gazette No. S 323;

"telecommunications carrier" means the holder of a general telecommunications
licence or a public mobile licence under Part 5 of the Telecommunications Act
1991;

"transaction" includes:

   (a)  arrangements under which a person becomes a director of a company; and

   (b)  the acquisition of things by gift or inheritance.
(2) A determination under paragraph (c) of the definition of "broadcasting
service" in subsection (1) is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.

(3) The ABA may, if it is satisfied that a drama program of the kind
referred to in paragraph (a) of the definition of "drama program" in
subsection (1) has non-Australian content of such significance that it should
not be treated as an Australian drama program, declare that it is not an
Australian drama program.