Broadcasting
Services Act 1992
Act No. 110 of 1992 as amended
This compilation was prepared on 16 February 2009
taking into account amendments up to Act No. 158 of 2008
Volume 2 includes: Table
of Contents
Schedules 4 – 7
Note 1
Table of Acts
Act Notes
Table of Amendments
Table A
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Contents
Schedule 4—Digital television broadcasting 1
Part 1—Introduction 1
1............ Simplified outline................................................................................ 1
2............ Definitions.......................................................................................... 2
3............ Analog mode....................................................................................... 7
4............ Digital mode........................................................................................ 7
4A......... HDTV digital mode............................................................................ 7
4B......... SDTV digital mode............................................................................. 7
4C......... Simulcast‑equivalent period for a licence
area.................................... 7
4D......... Simulcast‑equivalent period for a coverage
area................................. 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
Schedule 4—Digital television broadcasting
Note: See section 216A.
Part 1—Introduction
1
Simplified outline
The following is a simplified outline of
this Schedule:
• The ACMA is to formulate
schemes for the conversion, over time, of the transmission of television
broadcasting services from analog mode to digital mode.
• There is to be a simulcast
period throughout which broadcasters are to transmit their television programs
in both analog mode and SDTV digital mode.
• At the end of the simulcast
period, analog transmissions are to cease.
• Broadcasters must meet
standards relating to quotas for the transmission of programs in HDTV digital
mode.
• Broadcasters must meet
standards relating to captioning of television programs for the deaf and
hearing impaired.
• Broadcasters will be
allowed to use spare transmission capacity on digital transmission channels to
provide datacasting services.
• Owners and operators of
broadcasting transmission towers must give digital broadcasters and datacasters
access to the towers for the purposes of installing or maintaining digital
transmitters.
• There are to be reviews
before specified dates of certain elements of the digital television regulatory
regime.
2
Definitions
In this Schedule, unless the contrary
intention appears:
AAT means the Administrative Appeals
Tribunal.
broadcasting transmission tower means:
(a) a tower; or
(b) a pole; or
(c) a mast; or
(d) a similar structure;
used to supply:
(e) a broadcasting service by means of
radiocommunications using the broadcasting services bands; or
(f) a datacasting service provided
under, and in accordance with the conditions of, a datacasting licence.
commercial television broadcasting service
means a commercial broadcasting service that provides television programs.
commercial television conversion scheme means
a scheme under clause 6.
coverage area means:
(a) a metropolitan coverage area; or
(b) a regional coverage area.
designated HDTV multi‑channelled national
television broadcasting service has the meaning given by clause 5E.
designated teletext service means a teletext
service provided by a commercial television broadcasting licensee, where:
(a) the licensee provided the service
throughout the 2‑year period ending immediately before the commencement
of Schedule 6; and
(b) the service remains substantially
the same as the service provided throughout that 2‑year period.
digital‑only local market area has the
meaning given by clause 5F.
exempt licence means a commercial television
broadcasting licence allocated under section 38B for a remote licence
area.
exempt remote area service has the meaning
given by subclause 6(7F).
HDTV commercial television format standard
means:
(a) if the licence area concerned is
not a remote licence area—a standard under section 130A that relates to
the format in which television programs are to be transmitted in HDTV digital
mode by commercial television broadcasting licensees in such a licence area,
where the relevant service is not transmitted using a transmitter operated
under the authority of a transmitter licence issued as mentioned under
subclause 8(8); or
(b) if the licence area concerned is a
remote licence area—a standard under section 130A that relates to the
format in which television programs are to be transmitted in HDTV digital mode
by commercial television broadcasting licensees in such a licence area, where
the relevant service is not transmitted using a transmitter operated under the
authority of a transmitter licence issued as mentioned under subclause 8(10A).
HDTV digital mode has the meaning given by
clause 4A.
HDTV multi‑channelled commercial television
broadcasting service has the meaning given by clause 5B.
HDTV multi‑channelled national television
broadcasting service has the meaning given by clause 5D.
HDTV national television format standard
means:
(a) if the coverage area concerned is
not a remote coverage area—a standard under section 130A that relates to
the format in which television programs are to be transmitted in HDTV digital mode
by national broadcasters in such a coverage area, where the relevant service is
not transmitted using a transmitter operated under the authority of a
transmitter licence issued as mentioned under subclause 23(8); or
(b) if the coverage area concerned is
a remote coverage area—a standard under section 130A that relates to the
format in which television programs are to be transmitted in HDTV digital mode
by national broadcasters in such a coverage area, where the relevant service is
not transmitted using a transmitter operated under the authority of a
transmitter licence issued as mentioned under subclause 23(10A).
licence area means a licence area for a
commercial television broadcasting licence.
local market area has the meaning given by
clause 5F.
metropolitan coverage area means an area that
corresponds to a metropolitan licence area.
metropolitan licence area means a licence
area in which is situated the General Post Office of the capital city of:
(a) New South Wales; or
(b) Victoria; or
(c) Queensland; or
(d) Western Australia; or
(e) South Australia.
national broadcasting service does not
include a broadcasting service provided under the Parliamentary Proceedings
Broadcasting Act 1946.
national radio broadcasting service means a
national broadcasting service that provides radio programs.
national television broadcasting service
means a national broadcasting service that provides television programs.
national television conversion scheme means a
scheme under clause 19.
news or current affairs program means any of
the following:
(a) a news bulletin;
(b) a sports news bulletin;
(c) a program (whether presenter‑based
or not) whose sole or dominant purpose is to provide analysis, commentary or
discussion principally designed to inform the general community about social,
economic or political issues of current relevance to the general community.
parent licence means a commercial television
broadcasting licence referred to in subsection 38B(1) as a parent licence.
primary commercial television broadcasting service,
in relation to a commercial television broadcasting licence, has the meaning
given by clause 41G.
primary national television broadcasting service,
in relation to a national broadcaster, has the meaning given by clause 41M.
radiocommunication has the same meaning as in
the Radiocommunications Act 1992.
regional coverage area means an area that
corresponds to a regional licence area.
regional licence area means a licence area
that is not a metropolitan licence area.
remote coverage area means an area that
corresponds to a remote licence area.
remote licence area has the meaning given by
clause 5.
SDTV commercial television format standard
means:
(a) if the licence area concerned is
not a remote licence area—a standard under section 130A that relates to
the format in which television programs are to be transmitted in SDTV digital
mode by commercial television broadcasting licensees in such a licence area; or
(b) if the licence area concerned is a
remote licence area—a standard under section 130A that relates to the
format in which television programs are to be transmitted in SDTV digital mode
by commercial television broadcasting licensees in such a licence area.
SDTV digital mode has the meaning given by
clause 4B.
SDTV multi‑channelled commercial television
broadcasting service has the meaning given by clause 5A.
SDTV multi‑channelled national television
broadcasting service has the meaning given by clause 5C.
SDTV national television format standard
means:
(a) if the coverage area concerned is
not a remote coverage area—a standard under section 130A that relates to
the format in which television programs are to be transmitted in SDTV digital
mode by national broadcasters in such a coverage area; or
(b) if the coverage area concerned is
a remote coverage area—a standard under section 130A that relates to the
format in which television programs are to be transmitted in SDTV digital mode
by national broadcasters in such a coverage area.
simulcast‑equivalent period:
(a) in relation to a commercial
television broadcasting service—has the meaning given by clause 4C; or
(b) in relation to a national
television broadcasting service—has the meaning given by clause 4D.
simulcast period:
(a) in relation to a commercial
television broadcasting service where the licence area concerned is not a
remote licence area—has the meaning given by paragraph 6(3)(c) of this
Schedule; and
(b) in relation to a commercial
television broadcasting service where the licence area concerned is a remote
licence area—has the meaning given by subclause 6(7) of this Schedule; and
(c) in relation to a national
television broadcasting service where the coverage area concerned is not a
remote coverage area—has the meaning given by paragraph 19(3)(c) of this
Schedule; and
(d) in relation to a national
television broadcasting service where the coverage area concerned is a remote
coverage area—has the meaning given by subclause 19(7) of this Schedule.
television broadcasting service means:
(a) a commercial television
broadcasting service; or
(b) a national television broadcasting
service.
transmitter licence has the same meaning as
in the Radiocommunications Act 1992.
3
Analog mode
For the purposes of this Schedule, a
program or service is broadcast or transmitted in analog mode if
the program or service is broadcast or transmitted using an analog modulation
technique.
4
Digital mode
For the purposes of this Schedule, a
program or service is broadcast or transmitted in digital mode if
the program or service is broadcast or transmitted using a digital modulation
technique.
4A
HDTV digital mode
For the purposes of this Schedule, a
television program or a television broadcasting service is broadcast or
transmitted in HDTV digital mode if the program or service is
broadcast or transmitted in digital mode in a high definition format.
4B
SDTV digital mode
For the purposes of this Schedule, a
program or a television broadcasting service is broadcast or transmitted in SDTV
digital mode if the program or service is broadcast or transmitted
in digital mode in a standard definition format.
4C
Simulcast‑equivalent period for a licence area
If there is no simulcast period for a
licence area of a commercial television broadcasting licence, the ACMA may, by
legislative instrument, declare that a specified period is the simulcast‑equivalent
period for the licence area.
4D
Simulcast‑equivalent period for a coverage area
If there is no simulcast period for a
coverage area in relation to a national television broadcasting service, the ACMA
may, by legislative instrument, declare that a specified period is the
simulcast‑equivalent period for the coverage area.
5
Remote licence area
(1) The ACMA may, by writing, determine that
a specified licence area is a remote licence area for the purposes
of this Schedule.
(2) A determination under this clause has
effect accordingly.
(3) A determination under this clause is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
5A
SDTV multi‑channelled commercial television broadcasting service
(1) For the purposes of this Schedule, a
commercial television broadcasting service is a SDTV multi‑channelled
commercial television broadcasting service if:
(a) the service is provided by a
commercial television broadcasting licensee; and
(b) the service is transmitted in SDTV
digital mode using multi‑channelling transmission capacity; and
(c) the service is promoted as a
service that is distinct from any other commercial television broadcasting
service provided by the licensee; and
(d) the service is not the core
commercial television broadcasting service.
(2) Paragraph (1)(d) ceases to have
effect at the end of the simulcast period, or simulcast‑equivalent
period, for the licence area concerned.
5B
HDTV multi‑channelled commercial television broadcasting service
For the purposes of this Schedule, a
commercial television broadcasting service is a HDTV multi‑channelled
commercial television broadcasting service if:
(a) the service is provided by a
commercial television broadcasting licensee; and
(b) the service is transmitted in HDTV
digital mode using multi‑channelling transmission capacity; and
(c) the service is promoted as a
service that is distinct from any other commercial television broadcasting
service provided by the licensee.
5C
SDTV multi‑channelled national television broadcasting service
(1) For the purposes of this Schedule, a
national television broadcasting service is a SDTV multi‑channelled
national television broadcasting service if:
(a) the service is provided by:
(i) the Australian
Broadcasting Corporation in accordance with section 6 of the Australian
Broadcasting Corporation Act 1983; or
(ii) the Special
Broadcasting Service Corporation in accordance with section 6 of the Special
Broadcasting Service Act 1991; and
(b) the service is transmitted in SDTV
digital mode using multi‑channelling transmission capacity; and
(c) the service is promoted as a
service that is distinct from any other national television broadcasting
service provided by the Corporation concerned; and
(d) the Corporation concerned has
given the Minister a written notice electing that this subclause apply to the
service.
(2) A notice under paragraph (1)(d) has
no effect if:
(a) the notice relates to a national
television broadcasting service transmitted by the Corporation concerned in a
coverage area; and
(b) as a result of the notice being
given, clause 19 would not apply to any national television broadcasting
service provided by the Corporation in the coverage area.
(3) Subclause (2) ceases to have effect
at the end of the simulcast period, or simulcast‑equivalent period, for
the coverage area concerned.
5D HDTV multi‑channelled national television
broadcasting service
For the purposes of this Schedule, a
national television broadcasting service is a HDTV multi‑channelled
national television broadcasting service if:
(a) the service is provided by:
(i) the Australian
Broadcasting Corporation in accordance with section 6 of the Australian
Broadcasting Corporation Act 1983; or
(ii) the Special
Broadcasting Service Corporation in accordance with section 6 of the Special
Broadcasting Service Act 1991; and
(b) the service is transmitted in HDTV
digital mode using multi‑channelling transmission capacity; and
(c) the service is promoted as a
service that is distinct from any other national television broadcasting
service provided by the Corporation concerned.
5E
Designated HDTV multi‑channelled national television broadcasting service
(1) For the purposes of this Schedule, a designated
HDTV multi‑channelled national television broadcasting service
provided by a national broadcaster in a coverage area is:
(a) if the national broadcaster
provides a single HDTV multi‑channelled national television broadcasting
service in the coverage area—that service; or
(b) subject to subclauses (2) and
(3), if the national broadcaster provides 2 or more HDTV multi‑channelled
national television broadcasting services in the coverage area—each of those
services.
(2) Paragraph (1)(b) does not apply to a
HDTV multi‑channelled national television broadcasting service provided
by a national broadcaster in a coverage area if the national broadcaster gives
the Minister a written notice electing that paragraph (1)(b) not apply to
the service.
(3) A notice under subclause (2) has no
effect if, as a result of the notice being given, paragraph (1)(b) would
not apply to any of the HDTV multi‑channelled national television
broadcasting services provided by the national broadcaster in the coverage
area.
5F
Local market areas and digital‑only local market areas
(1) The
Minister may, by legislative instrument:
(a) determine that a specified area is
a local market area for the purposes of this Schedule; and
(b) determine that that area becomes a
digital‑only local market area for the purposes of this
Schedule at a specified time.
(2) An area must not be specified under
paragraph (1)(a) unless it is wholly included in a licence area.
(3) A time must not be specified under
paragraph (1)(b) unless it falls within the simulcast period for the
licence area concerned.
(4) A subclause (1) determination is
irrevocable.
Variation
(5) The Minister may, by legislative
instrument, vary a subclause (1) determination.
(6) The Minister must not vary a subclause (1)
determination after the time specified in the determination.
(7) If there is a variation of a
subclause (1) determination, the time specified in the varied
determination must not be earlier than 3 months before the time specified in
the determination as it stood before any variation of the determination was
made.
(8) If there is a variation (the current
variation) of a subclause (1) determination, the time specified in
the varied determination must not be later than 3 months after the time
specified in the determination as it stood before any variation of the
determination was made.
(9) Subclause (8) does not apply if:
(a) the time specified in the
determination, as it stood before the current variation, would be likely to
result in significant difficulties of a technical or engineering nature for:
(i) a commercial
television broadcasting licensee for the licence area concerned; or
(ii) a national
broadcaster; and
(b) those
difficulties could not reasonably have been foreseen by the commercial television
broadcasting licensee or the national broadcaster, as the case requires, as at
6 months before the time specified in the determination as it stood before the
current variation.
(10) Subclause (5) does not limit the
application of subsection 33(3) of the Acts Interpretation Act 1901 to
other instruments under this Act.
Consultation
(11) Before making or varying a
subclause (1) determination, the Minister must consult the ACMA.
5H
Reports on transmission blackspots
On the first sitting day of each House
of the Parliament after each 1 January, 1 April, 1 July and
1 October from 1 April 2009 until 1 September 2014, the Minister must
cause a report to be laid before each House of the Parliament containing the
following information:
(a) action taken to identify and
rectify transmission infrastructure that would otherwise prevent the
transmission of free to air television broadcasting services in SDTV digital
mode in any area achieving the same level of coverage and potential reception
quality as was achieved by the transmission of those services in analog mode;
and
(b) the local market areas and regions
where transmission issues have been identified and how many households will be
affected.
Part 2—Commercial television
6
Commercial television conversion scheme
(1) As soon as practicable after the
commencement of this clause, the ACMA must, by writing, formulate a scheme (the
commercial television conversion scheme) for the conversion, over
time, of the transmission of commercial television broadcasting services from
analog mode to digital mode.
(2) The commercial television conversion
scheme is to be divided into the following Parts:
(a) Part A, which is to deal with
licence areas that are not remote licence areas;
(b) Part B, which is to deal with
remote licence areas.
Policy objectives
(3) Part A of the commercial television
conversion scheme must be directed towards ensuring the achievement of the
following policy objectives:
(a) the objective that each holder of
a commercial television broadcasting licence for a metropolitan licence area is
required to commence transmitting the commercial television broadcasting
service concerned in SDTV digital mode in that area on 1 January 2001;
(b) the objective that each holder of
a commercial television broadcasting licence for a regional licence area is
required to commence transmitting the commercial television broadcasting
service concerned in SDTV digital mode in that area by such date during the
period:
(i) beginning on 1 January 2001; and
(ii) ending immediately
before 1 January 2004;
as the ACMA determines under the
scheme;
(c) the objective that there should be
a transitional period for a licence area, that is:
(i) to be known as the simulcast
period; and
(ii) in the case of a
metropolitan licence area—to run for 9 years or for such other period as is
determined under subclause 6A(1) in relation to that area; and
(iia) in the case of a
regional licence area—to run for 8 years or for such other period as is
determined under subclause 6A(2) in relation to that area; and
(iii) in the case of a
metropolitan licence area—to begin on 1 January 2001; and
(iv) in the case of a
regional licence area—to begin on the date determined in relation to that area
in accordance with paragraph (b);
throughout which the holder of a
commercial television broadcasting licence for that area is required to
transmit simultaneously the commercial television broadcasting service
concerned in both analog mode and SDTV digital mode in so much of that area as
is not a digital‑only local market area;
(d) the objective that, throughout the
simulcast period for a licence area, the holder of a commercial television
broadcasting licence for that area should be authorised, under one or more
transmitter licences, to use one or more additional channels to transmit the
commercial television broadcasting service concerned in digital mode in that
area;
(e) the objective that each additional
channel should occupy 7 MHz of bandwidth;
(f) the objective that, as soon as is
practicable after the start of the simulcast period for a licence area, and
throughout the remainder of that period, the transmission of a commercial
television broadcasting service in SDTV digital mode in so much of that area as
is not a digital‑only local market area should achieve the same level of
coverage and potential reception quality as is achieved by the transmission of
that service in analog mode in so much of that area as is not a digital‑only
local market area;
(g) the objective that, during the simulcast
period for a licence area, there should, as far as is practicable, be co‑location
of:
(i) transmitters used by
the holder of a commercial television broadcasting licence for that area to
transmit the commercial television broadcasting service concerned in digital
mode in so much of that area as is not a digital‑only local market area;
and
(ii) transmitters used by
the holder to transmit that service in analog mode in so much of that area as
is not a digital‑only local market area;
(ga) the objective that, during the
simulcast period for a licence area, no transmissions of commercial television
broadcasting services in analog mode are to be made in so much of that area as
is a digital‑only local market area;
(h) the objective that, at the end of
the simulcast period for a licence area, all transmissions of commercial
television broadcasting services in analog mode in that area are to cease;
(ha) the objective that, after the end
of the simulcast period for a licence area, each holder of a commercial
television broadcasting licence for that area is to transmit the commercial
television broadcasting service concerned in digital mode in that area using
such channel or channels as the ACMA allots under the scheme or a digital
channel plan, having regard to:
(i) the need to plan the
most efficient use of the spectrum; and
(ii) the other relevant
policy objectives of the scheme;
(j) the objective that, after the end
of the simulcast period for a licence area, the transmission of a commercial
television broadcasting service in SDTV digital mode in so much of that area as
was not a digital‑only local market area should achieve the same level of
coverage and potential reception quality as was achieved by the transmission of
that service in analog mode in so much of that area as was not a digital‑only
local market area immediately before the end of that period;
(ja) the objective that, after a local
market area becomes a digital‑only local market area, the transmission of
a commercial television broadcasting service in SDTV digital mode in the
digital‑only local market area should achieve the same level of coverage
and potential reception quality as was achieved by the transmission of that
service in analog mode in the local market area immediately before the local
market area became a digital‑only local market area;
(k) the objective that holders of
commercial television broadcasting licences be permitted to use any spare
transmission capacity that is available on the digital transmission channels
for the purpose of the transmission of either or both of the following:
(i) datacasting services
provided under, and in accordance with the conditions of, datacasting licences;
(ii) designated teletext
services;
(l) the objective that the ACMA is to
consult holders of commercial television broadcasting licences about the
implementation of the scheme;
(m) the objective that, if the
implementation of the scheme affects particular broadcasting transmission
towers, the ACMA is to consult the owners and operators of those towers;
(n) the objective that, in allotting
channels under the scheme or a digital channel plan, the ACMA must have regard
to:
(i) the need to plan the
most efficient use of the spectrum; and
(ii) the other relevant
policy objectives of the scheme.
(4) Subclause (3)
does not prevent the commercial television conversion scheme from allowing the
holder of a commercial television broadcasting licence for a regional licence
area to transmit the commercial television broadcasting service concerned in
digital mode in that area during the whole or a part of the period:
(a) beginning on 1 January 2001; and
(b) ending immediately before the
start of the simulcast period for that area;
so long as that transmission complies with such
requirements as are ascertained in accordance with the scheme.
(5) Subclause (3) does not prevent Part
A of the commercial television conversion scheme from allowing the holder of a
commercial television broadcasting licence for a licence area to transmit, on a
test basis, the commercial television broadcasting service concerned in digital
mode in that area before the start of the simulcast period for that area, so
long as that transmission:
(a) complies with such requirements as
are ascertained in accordance with that Part of the scheme; and
(b) occurs during a period ascertained
in accordance with that Part of the scheme.
(5A) If:
(a) the holder of a commercial
television broadcasting licence holds another commercial television
broadcasting licence; and
(b) the other licence was allocated
under section 38A or 38B; and
(c) the licences relate to the same
licence area (within the meaning of whichever of those sections is applicable);
and
(d) at or about the time when the
other licence was allocated, the holder gave the ACMA a written notice electing
that this subclause apply to both of the commercial television broadcasting
services concerned;
then:
(e) paragraphs (3)(d), (e) and
(ha) do not apply to either of the commercial television broadcasting services
concerned; and
(f) Part A of the commercial
television conversion scheme must be directed towards ensuring the achievement
of the objectives set out in subclause (5B).
(5AA) If:
(a) the holder of a commercial
television broadcasting licence holds another commercial television
broadcasting licence; and
(b) the other licence was allocated
under section 38A before 1 January 2001; and
(c) the licences relate to the same
licence area (within the meaning of that section); and
(d) within 90 days after the
commencement of this subclause, the holder gives the ACMA a written notice
electing that this subclause apply to both of the commercial television
broadcasting services concerned;
then:
(e) paragraphs (3)(d), (e) and
(ha) do not apply to either of the commercial television broadcasting services
concerned; and
(f) Part A of the commercial
television conversion scheme must be directed towards ensuring the achievement
of the objectives set out in subclause (5B).
(5B) The
objectives mentioned in paragraphs (5A)(f) and (5AA)(f) are as follows:
(a) the objective that, throughout the
simulcast period for the licence area, the holder should be authorised, under
one or more transmitter licences, to use one or more particular channels to
transmit both of the commercial television broadcasting services concerned in
digital mode in that area using multi‑channelling transmission capacity
on each channel;
(b) the objective that each channel
should occupy 7 MHz of bandwidth;
(c) the objective that, after the end
of the simulcast period for the licence area, the holder is to transmit both of
the commercial television broadcasting services concerned in digital mode in
that area using multi‑channelling transmission capacity of a channel or
channels allotted by the ACMA under the scheme or a digital channel plan,
having regard to:
(i) the need to plan the
most efficient use of the spectrum; and
(ii) the other relevant
policy objectives of the scheme.
(5BA) An election made under subclause (5A)
or (5AA) remains in force until:
(a) it is revoked, by written notice
given to the ACMA, by:
(i) if neither of the
licences referred to in whichever of paragraph (5A)(a) or (5AA)(a) is
applicable has been transferred since the making of the election—the holder of
the licence allocated under section 38A or 38B; or
(ii) if the licence
allocated under section 38A or 38B has been transferred since the making
of the election—the holder of that licence; or
(iii) if a parent licence
referred to in whichever of section 38A or 38B is applicable has been
transferred since the making of the election—the holder of that parent licence;
and
(b) the ACMA approves the revocation
under clause 7B.
(5C) Paragraphs (3)(c), (d), (e), (f), (h)
and (j) do not apply to a commercial television broadcasting service provided
under a licence allocated under section 38B.
Note: Under section 38B, it is a condition of
the licence that the service may only be transmitted in digital mode.
(5D) For the purposes of paragraphs (3)(ha)
and (n) and (5B)(c), in determining the most efficient use of the spectrum, the
ACMA is to have regard to:
(a) the need for spectrum to be made
available for allocation for the purposes of the transmission of datacasting
services under, and in accordance with the conditions of, datacasting licences;
and
(b) such other matters as the ACMA
considers relevant.
(6) The objective mentioned in paragraph (3)(g)
(which deals with co‑location of transmitters) does not prevent Part A of
the commercial television conversion scheme from making provision for the
location of digital transmitters otherwise than as mentioned in that paragraph,
where the ACMA is satisfied that an alternative location is appropriate having
regard to:
(a) the remaining objectives set out
in subclause (3); and
(b) the costs that are likely to be
incurred by the licensee concerned; and
(c) such other matters (if any) as the
ACMA considers relevant.
Remote licence areas—start‑up of digital
transmission
(6A) Part B of the commercial television
conversion scheme must be directed towards ensuring the achievement of the
policy objective that each holder of a commercial television broadcasting
licence for a remote licence area is required to commence transmitting the
commercial television broadcasting service concerned in SDTV digital mode in
that area by such date as the ACMA determines under the scheme.
Remote licence areas—simulcast period
(7) Part B of the commercial television
conversion scheme may make provision for a transitional period for a specified
remote licence area, that is to be known as the simulcast period,
throughout which the holder of a commercial television broadcasting
licence for that area is required to transmit simultaneously the commercial
television broadcasting service concerned in both analog mode and SDTV digital
mode in that area.
(7A) The simulcast period for a particular
remote licence area:
(a) is to begin on the date determined
in relation to that area in accordance with subclause (6A); and
(b) is to run for such period as the ACMA
determines under the scheme.
Note: See also clause 6B.
Special rules for section 38B licences in remote
licence areas
(7B) Special rules apply to an exempt remote
area service for a remote licence area for which an exempt licence has been
allocated if written notice is given to the ACMA electing that this subclause
applies by:
(a) the 2 existing licensees for that
licence area (where the exempt licence is allocated to a joint‑venture
company under subsection 38B(5)); or
(b) the licensee to whom the exempt
licence is allocated (where the exempt licence is allocated under subsection
38B(6), (7), (8) or (9)).
The notice must be given at or about the time when the
exempt licence was allocated.
(7C) The election
remains in force for a company until:
(a) it
is revoked, by written notice given to the ACMA, by:
(i) a company that made
the election; or
(ii) if the election was
made in relation to an exempt licence allocated under subsection 38B(5) and a
parent licence has been transferred—by the licensee of the parent licence; or
(iii) if the election was
made in relation to an exempt licence allocated under subsection 38B(6), (7),
(8) or (9) and the exempt licence has been transferred—by the licensee of the
exempt licence; and
(b) the ACMA approves the revocation under
clause 7B.
(7F) An exempt remote area service
for a remote licence area is:
(a) each of these:
(i) a commercial
television broadcasting service provided by a joint‑venture company under
an exempt licence that was allocated to the company under subsection 38B(5) for
that licence area; and
(ii) the commercial
television broadcasting services provided under the parent licences for that
licence area; or
(b) each of these:
(i) a commercial
television broadcasting service provided by a licensee under an exempt licence
that was allocated to the licensee under subsection 38B(6), (7), (8) or (9) for
that licence area; and
(ii) each other commercial
television broadcasting service provided by that licensee for that licence
area; or
(c) a commercial television
broadcasting service provided by a licensee under an exempt licence for that
licence area that is transferred to the licensee; or
(d) a commercial television
broadcasting service provided under a parent licence for that licence area that
is transferred to the licensee.
(7G) Subclauses (7) and (7A) do not apply
to an exempt remote area service provided under an exempt licence while an
election under subclause (7B) is in force for the service.
(7H) Part B of the commercial television
conversion scheme must be directed towards ensuring the achievement of the
policy objective that each exempt remote area service for a remote licence area
should be authorised to be transmitted in SDTV digital mode using multi‑channelling
transmission capacity while an election under subclause (7B) is in force
for the service.
HDTV multi‑channelled commercial television
broadcasting services
(7J) This clause does not apply to a HDTV multi‑channelled
commercial television broadcasting service.
SDTV multi‑channelled commercial television broadcasting
services
(7JA) This clause does not apply to a SDTV multi‑channelled
commercial television broadcasting service.
Licences allocated under section 36 on or after 1 January 2007
(7K) This clause does not apply in relation to a
commercial television broadcasting licence if the licence was allocated under
section 36 on or after 1 January 2007.
Licences allocated under subsection 40(1) on or after 1 January 2007
(7L) This clause does not apply in relation to
a commercial television broadcasting licence if the licence was allocated under
subsection 40(1) on or after 1 January 2007.
Simulcasting
(8) In determining, for the purposes of paragraph (3)(c)
and subclause (7), whether the holder of a commercial television
broadcasting licence transmits simultaneously the commercial television
broadcasting service concerned in both analog mode and SDTV digital mode:
(a) if a relevant determination is in
force under subclause (9)—ignore any advertising or sponsorship matter
covered by the determination, so long as the licensee complies with such
conditions (if any) as are specified in the determination; and
(b) if a relevant determination is in
force under subclause (10)—ignore any television programs covered by the
determination, so long as the licensee complies with such conditions (if any)
as are specified in the determination; and
(c) ignore any digital program‑enhancement
content (as defined by subclause (14)); and
(d) ignore a particular television
program transmitted using multi‑channelling transmission capacity, where:
(i) the program is a
scheduled program that provides live coverage of a designated event (as defined
by subclause (20)); and
(ii) the other television
program broadcast using that multi‑channelling transmission capacity is a
regularly scheduled news program; and
(iii) the
end of the designated event is delayed for reasons that are not within the
control of the licensee or of the person (if any) who supplied the first‑mentioned
program to the licensee (either directly or indirectly through one or more
interposed persons); and
(iv) the sole purpose of the
use of the multi‑channelling transmission capacity is to allow viewers of
the SDTV version of the commercial television broadcasting service to choose
between viewing the regularly scheduled news program and viewing so much of the
designated event as overlaps the other television program; and
(e) ignore an electronic program guide
(as defined by subclause (24)).
(8A) For the purposes of this Act (other than paragraph (3)(c)
or subclauses (7), (8) and (11) of this clause or Division 2 of Part 4
of this Schedule) and any other law of the Commonwealth, if the holder of a
commercial television broadcasting licence transmits matter that is required to
be ignored by paragraph (8)(c), (d) or (e) of this clause, that matter is
taken to be part of the commercial television broadcasting service concerned.
(9) The ACMA may, by writing, determine that paragraph (8)(a)
applies to specified advertising or sponsorship matter transmitted by a
specified commercial television broadcasting licensee during a specified
period. The specified advertising or sponsorship matter may consist of all
advertising or sponsorship matter transmitted by the licensee concerned. The
specified period may consist of the simulcast period for the licence area
concerned.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(10) The ACMA may, by writing, determine that paragraph (8)(b)
applies to specified television programs transmitted by a specified commercial
television broadcasting licensee during a specified period.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(11) The ACMA
must not make a determination under subclause (9) or (10) unless the ACMA
is satisfied that, if it were assumed that the determination were made, the
version of the commercial television broadcasting service transmitted in SDTV
digital mode will be substantially the same as the version of the service
transmitted in analog mode.
(12) A determination under subclause (9)
or (10) is a disallowable instrument for the purposes of section 46A of
the Acts Interpretation Act 1901.
(13) A reference in this clause to advertising
or sponsorship matter is a reference to advertising or sponsorship
matter (whether or not of a commercial kind).
Digital program‑enhancement content
(14) For the purposes of this clause, digital
program‑enhancement content is content:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech,
music or other sounds; or
(d) whether in the form of visual
images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of
forms;
where:
(g) the content is transmitted using a
digital modulation technique; and
(h) the sole purpose of the
transmission of the content is to enhance a television program (the primary
program); and
(i) the subject matter of the content
is closely and directly linked to the subject matter of the primary program;
and
(j) the licensee transmits
simultaneously the content and the primary program; and
(k) either:
(i) the licensee transmits
simultaneously the primary program in both analog mode and SDTV digital mode;
or
(ii) the primary program is
covered by a determination under subclause (9) or (10).
Note: For example, if the primary program is live
coverage of a tennis match, the digital program‑enhancement content could
consist of any or all of the following:
(a) the match from different camera angles;
(b) each player’s results in past matches;
(c) video highlights from those past matches;
(d) each player’s ranking and career highlights.
Designated event
(20) For the purposes of this clause, a designated
event is:
(a) a sporting event; or
(b) a declared designated event (as
defined by subclause (21)).
(21) The ACMA may, by writing, determine that a
specified event is a declared designated event for the purposes
of this clause.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(22) A determination under subclause (21)
has effect accordingly.
(23) A determination under subclause (21)
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Electronic program guide
(24) For the purposes of this clause, an electronic
program guide is matter transmitted using a uniform digital modulation
technique, where the matter consists of no more than:
(a) a schedule of the television
programs provided by:
(i) the commercial television
broadcasting service transmitting the matter; or
(ii) all of the commercial
television broadcasting services and all of the national television
broadcasting services; or
(b) a combination of:
(i) a schedule covered by paragraph (a);
and
(ii) items of factual
information, and/or items of comment, about some or all of the programs in the
schedule, where each item is brief and in the form of text; or
(c) a
combination of:
(i) a schedule covered by paragraph (a);
and
(ii) a facility the sole purpose
of which is to enable an end‑user to select, and commence viewing, one or
more of the programs in the schedule; or
(d) a combination of:
(i) a schedule covered by paragraph (a);
and
(ii) items of factual
information, and/or items of comment, about some or all of the programs in the
schedule, where each item is brief and in the form of text; and
(iii) a facility the sole
purpose of which is to enable an end‑user to select, and commence
viewing, one or more of the programs in the schedule.
6A
Determination of simulcast period—metropolitan and regional licence areas
(1) The Minister may, by legislative
instrument, determine a period for the purposes of the application of
subparagraph 6(3)(c)(ii) to a specified metropolitan licence area.
(2) The Minister may, by legislative
instrument, determine a period for the purposes of the application of
subparagraph 6(3)(c)(iia) to a specified regional licence area.
(3) A period determined under
subclause (1) must end before the end of 31 December 2013.
Note: See subclause (11).
(4) A period determined under
subclause (2) must end before the end of 31 December 2013.
Note: See subclause (11).
(5) A subclause (1) determination is
irrevocable.
(6) A subclause (2) determination is
irrevocable.
Variation
(7) The Minister may, by legislative
instrument, vary:
(a) a subclause (1)
determination; or
(b) a subclause (2)
determination.
(8) The Minister must not vary:
(a) a subclause (1)
determination; or
(b) a subclause (2)
determination;
after the end of the period specified in the
determination.
(9) If there is a variation of:
(a) a subclause (1)
determination; or
(b) a subclause (2)
determination;
the end of the period specified in the varied
determination must not be earlier than 3 months before the end of the period
specified in the determination as it stood before any variation of the
determination was made.
(10) If there is a variation of:
(a) a subclause (1)
determination; or
(b) a subclause (2)
determination;
the end of the period specified in the varied
determination must not be later than whichever is the earlier of the following:
(c) the end of 31 December 2013;
(d) 3 months after the end of the
period specified in the determination as it stood before any variation of the
determination was made.
Note: See subclause (11).
(11) If there is a variation (the current
variation) of:
(a) a subclause (1)
determination; or
(b) a subclause (2)
determination;
subclauses (3), (4) and (10) do not apply, so long
as:
(c) the end of the period specified in
the determination, as it stood before the current variation, would be likely to
result in significant difficulties of a technical or engineering nature for:
(i) a commercial
television broadcasting licensee for the licence area concerned; or
(ii) a national
broadcaster; and
(d) those difficulties could not
reasonably have been foreseen by the commercial television broadcasting
licensee or the national broadcaster, as the case requires, as at 6 months
before the end of the period specified in the determination as it stood before
the current variation; and
(e) the end of the period specified in
the varied determination is not later than the end of 30 June 2014.
(12) Subclause (7) does not limit the
application of subsection 33(3) of the Acts Interpretation Act 1901 to
other instruments under this Act.
Consultation
(13) Before making or varying:
(a) a subclause (1)
determination; or
(b) a subclause (2)
determination;
the Minister must consult the ACMA.
6B
Determination of simulcast period—remote licence areas
(1) The ACMA must not determine a period for
the purposes of paragraph 6(7A)(b) if the period ends after 31 December 2013.
(2) Subclause (1) does not apply in such
circumstances (if any) as are specified in a legislative instrument made by the
Minister.
7
Scheme may confer administrative powers on the ACMA
The commercial television conversion
scheme may make provision with respect to a matter by conferring on the ACMA a
power to make a decision of an administrative character.
7A
Scheme may confer power to make digital channel plans
(1) The commercial television conversion
scheme may provide for the ACMA to make one or more plans (digital
channel plans) that:
(a) allot channels to holders of
commercial television broadcasting licences; and
(b) set out any technical limitations
on the use of a particular channel that the ACMA believes should be shown in
the plan; and
(c) set out whether the use of a
channel depends on any event or circumstances described in the plan.
(2) The commercial television conversion
scheme may provide that a digital channel plan may include other matters.
(3) The
commercial television conversion scheme may provide for the ACMA to vary a
digital channel plan.
7B
Revocation of multi‑channelling election
Scope
(1) This clause applies if a commercial
television broadcasting licensee gives the ACMA a notice of revocation under
subclause 6(5BA) or (7C).
Approval of revocation
(2) If the ACMA is satisfied that there is
sufficient radiofrequency spectrum available, the ACMA must, by notice in
writing given to the licensee:
(a) approve the revocation; and
(b) specify a day as the day on which
the revocation takes effect; and
(c) vary the relevant digital channel
plan under the commercial television conversion scheme to allot a channel to
the licensee.
(3) For the purposes of subclause (2),
any part of the spectrum covered by a determination under subsection 34(3) is
taken not to be available.
(4) The ACMA may, before the day specified
under paragraph (2)(b), by notice in writing, vary the day on which the
revocation takes effect.
Refusal to approve revocation
(5) If the ACMA refuses to approve the
revocation, the ACMA must give written notice of the refusal to the licensee.
8
Transmitter licences
Grant of additional spectrum for digital transmission
(1) The commercial television conversion
scheme must make provision for the issue of transmitter licences authorising
transmissions of commercial television broadcasting services in digital mode.
Return of spectrum if digital transmission does not
begin
(2) Part A of the commercial television
conversion scheme must make provision for requiring the holder of a commercial
television broadcasting licence to surrender one or more transmitter licences
authorising digital transmission if:
(a) the holder does not commence
digital transmission as mentioned in paragraph 6(3)(a) or (b) of this Schedule;
and
(b) the holder does not satisfy the ACMA
that there are exceptional circumstances.
Return of spectrum if digital transmission does not
continue throughout the simulcast period
(3) Part A of
the commercial television conversion scheme must make provision for requiring
the holder of a commercial television broadcasting licence to surrender one or
more transmitter licences authorising digital transmission if:
(a) the holder commences digital
transmission as mentioned in paragraph 6(3)(a) or (b) of this Schedule; and
(b) the holder ceases digital
transmission during the simulcast period for the licence area concerned; and
(c) under the scheme, the ACMA gives
the holder a written direction to:
(i) resume digital
transmission in that area within the period specified in the direction (being a
period that is not longer than one month); and
(ii) continue digital
transmission throughout the simulcast period for that area; and
(d) the
holder does not comply with a direction referred to in paragraph (c); and
(e) the holder does not satisfy the ACMA
that there are exceptional circumstances.
Return of spectrum at end of simulcast period
(4) If, at the end of the simulcast period
for a licence area, the holder of a commercial television broadcasting licence
for the area holds one or more transmitter licences that authorised the
transmission of the commercial television broadcasting service concerned in
that area, Part A of the commercial television conversion scheme must make
provision for:
(a) requiring the holder to surrender
the transmitter licence or licences, with effect from the end of the simulcast
period; and
(b) the issue, with effect from the
end of the simulcast period, of one or more transmitter licences that authorise
the transmission of commercial television broadcasting services in accordance
with the commercial television broadcasting licence using the channel or
channels mentioned in whichever of the following provisions is applicable:
(i) paragraph 6(3)(ha) of
this Schedule;
(ii) paragraph 6(5B)(c) of
this Schedule.
Return of spectrum if format and HDTV requirements
contravened
(7) Part A of the commercial television
conversion scheme must make provision for requiring the holder of a commercial
television broadcasting licence for a licence area to surrender the transmitter
licence or licences that authorised the transmission of the commercial
television broadcasting service concerned in digital mode in that area if:
(a) the holder contravenes:
(i) paragraph 7(1)(ma) of
Schedule 2; or
(ii) a SDTV commercial
television format standard; or
(iii) a HDTV commercial
television format standard; or
(iv) subclause 37E(1); or
(v) a standard under
subclause 37E(3); and
(b) under the scheme, the ACMA gives
the holder a written direction to comply with that provision or standard within
the period specified in the direction (being a period that is not longer than
one month); and
(c) the holder does not comply with a
direction referred to in paragraph (b); and
(d) the holder does not satisfy the ACMA
that there are exceptional circumstances.
(8) Subclause (7) does not prevent the
commercial television conversion scheme from making provision for the issue of
a transmitter licence to replace a licence that was surrendered on the grounds
of a contravention of a provision or standard mentioned in subparagraph (7)(a)(i),
(iii), (iv) or (v). However, the amount of transmission capacity covered by the
replacement licence must be less than the amount of transmission capacity
covered by the surrendered licence.
Remote licence areas
(10) Part B of the commercial television
conversion scheme may make provision for requiring the holder of a commercial
television broadcasting licence to surrender one or more transmitter licences
authorising analog transmission or authorising digital transmission if the
holder does not comply with:
(a) a specified requirement of that
Part of the scheme; or
(b) paragraph 7(1)(mb) of Schedule 2;
or
(c) a SDTV commercial television
format standard; or
(d) a HDTV commercial television
format standard; or
(e) a standard applicable to the
holder under subclause 37G(1); or
(f) a standard applicable to the
holder under subclause 37G(2).
(10A) Subclause (10) does not prevent the
commercial television conversion scheme from making provision for the issue of
a transmitter licence to replace a licence that was surrendered on the grounds
of a contravention of the provision mentioned in paragraph (10)(b) or a
standard mentioned in paragraph (10)(d), (e) or (f). However, the amount
of transmission capacity covered by the replacement licence must be less than
the amount of transmission capacity covered by the surrendered licence.
(11) Part B of the commercial television
conversion scheme may make provision for the variation of the conditions of a
transmitter licence that authorised analog transmission of a commercial
television broadcasting service in a remote licence area so as to ensure that
the licence authorises digital transmission of that service in that area.
9
Submission of implementation plans to the ACMA
(1) The
commercial television conversion scheme must make provision for requiring
holders of commercial television broadcasting licences to prepare, and submit
to the ACMA, one or more implementation plans relating to digital transmission,
where the implementation plans are in accordance with the scheme.
(1A) Subclause (1) does not apply to a HDTV
multi‑channelled commercial television broadcasting service.
(1AA) Subclause (1) does not apply to a SDTV
multi‑channelled commercial television broadcasting service.
(1B) Subclause (1) does not apply in
relation to a commercial television broadcasting licence if the licence was
allocated under section 36 on or after 1 January 2007.
(1C) Subclause (1) does not apply in
relation to a commercial television broadcasting licence if the licence was
allocated under subsection 40(1) on or after 1 January 2007.
(2) The commercial television conversion
scheme may provide for variation of implementation plans submitted to the ACMA
by holders of commercial television broadcasting licences.
10
Amendment of certain plans and guidelines
(1) The commercial television conversion
scheme may amend the frequency allotment plan or a licence area plan.
(2) The commercial television conversion
scheme may amend technical planning guidelines in force under section 33.
(3) Subclauses (1) and (2) do not limit
the ACMA’s powers under sections 25, 26 and 33.
11
Reviews and reports
The commercial television conversion
scheme may provide for the ACMA to conduct reviews, and report to the Minister,
on specified matters.
12
Ancillary or incidental provisions
The commercial television conversion scheme
may contain such ancillary or incidental provisions as the ACMA considers
appropriate.
13 ACMA
to have regard to datacasting allocation power
(1) In formulating or varying the commercial
television conversion scheme, the ACMA must have regard to its power under
subsection 34(3) (which deals with datacasting allocation).
(2) Subclause (1) does not limit the
matters to which the ACMA may have regard.
14 ACMA
to have regard to special circumstances that apply in remote licence areas
(1) In
formulating or varying Part B of the commercial television conversion scheme,
the ACMA must have regard to the special circumstances that apply to the
transmission of commercial television broadcasting services in remote licence
areas.
(2) Subclause (1) does not limit the
matters to which the ACMA may have regard.
15
Minister may give directions to the ACMA
(1) In formulating or varying the commercial
television conversion scheme, the ACMA must comply with any written directions
given to it by the Minister under this subclause.
(2) A direction under subclause (1) may
be of a general or specific nature.
(3) The Minister must arrange for a copy of a
direction under subclause (1) to be published in the Gazette within
14 days after the direction is given.
16
Variation of scheme
(1) The commercial television conversion
scheme may be varied, but not revoked, in accordance with subsection 33(3) of
the Acts Interpretation Act 1901.
(2) Subclause (1) does not limit the
application of subsection 33(3) of the Acts Interpretation Act 1901 to
other instruments under this Act.
17
Scheme to be a disallowable instrument
An instrument under subclause 6(1) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
18
Processes to be public
In
formulating or varying the commercial television conversion scheme, the ACMA
must make provision for:
(a) public consultation; and
(b) consultation with holders of
commercial television broadcasting licences; and
(c) consultation with national broadcasters;
and
(e) consultation with owners and
operators of broadcasting transmission towers.
Part 3—ABC/SBS television
19
National television conversion scheme
(1) As soon as practicable after the
commencement of this clause, the ACMA must, by writing, formulate a scheme (the
national television conversion scheme) for the conversion, over
time, of the transmission of national television broadcasting services from
analog mode to digital mode.
Note: Under clause 32, the scheme does not take
effect until approved by the Minister.
(2) The national television conversion scheme
is to be divided into the following Parts:
(a) Part A, which is to deal with
coverage areas that are not remote coverage areas;
(b) Part B, which is to deal with
remote coverage areas.
Policy objectives
(3) Part A of the national television
conversion scheme must be directed towards ensuring the achievement of the
following policy objectives:
(a) the objective that each national
broadcaster is required to commence transmitting the national television
broadcasting service concerned in SDTV digital mode in a metropolitan coverage
area by such date as is ascertained in accordance with an implementation plan
that was given by the broadcaster, and is in force, under clause 20;
(b) the objective that each national
broadcaster is required to commence transmitting the national television
broadcasting service concerned in SDTV digital mode in a regional coverage area
by such date as is ascertained in relation to that area in accordance with an
implementation plan that was given by the broadcaster, and is in force, under
clause 20;
(c) the objective that there should be
a transitional period for a coverage area, that is:
(i) to be known as the simulcast
period; and
(ii) to begin on the date
mentioned in whichever of paragraphs (a) and (b) is applicable; and
(iii) to end at the end of
the simulcast period (within the meaning of paragraph 6(3)(c) of this Schedule)
for the licence area that corresponds to that coverage area;
throughout which a national
broadcaster is required to transmit simultaneously the national television
broadcasting service concerned in both analog mode and SDTV digital mode in so
much of that coverage area as is not a digital‑only local market area;
(d) the objective that, throughout the
simulcast period for a coverage area, each national broadcaster should be
authorised, under one or more transmitter licences, to use one or more channels
to transmit the national television broadcasting service concerned in digital
mode in that area;
(e) the objective that each additional
channel should occupy 7 MHz of bandwidth;
(f) the objective that, as soon as is
practicable after the start of the simulcast period for a coverage area, and
throughout the remainder of that period, the transmission of a national
television broadcasting service in SDTV digital mode in so much of that area as
is not a digital‑only local market area should achieve the same level of
coverage and potential reception quality as is achieved by the transmission of
that service in analog mode in so much of that area as is not a digital‑only
local market area;
(g) the objective that, during the
simulcast period for a coverage area, there should, as far as is practicable,
be co‑location of:
(i) transmitters used by a
national broadcaster to transmit the national television broadcasting service
concerned in digital mode in so much of that area as is not a digital‑only
local market area; and
(ii) transmitters used by
the national broadcaster to transmit that service in analog mode in so much of
that area as is not a digital‑only local market area;
(ga) the objective that, during the
simulcast period for a coverage area, no transmissions of national television
broadcasting services in analog mode are to be made in so much of that area as
is a digital‑only local market area;
(h) the objective that, at the end of
the simulcast period for a coverage area, all transmissions of national
television broadcasting services in analog mode in that area are to cease;
(ha) the objective that, after the end
of the simulcast period for a coverage area, each national broadcaster is to
transmit the national broadcasting service concerned in digital mode in that
area using such channel or channels as the ACMA allots under the scheme or a
digital channel plan, having regard to:
(i) the need to plan the
most efficient use of the spectrum; and
(ii) the other policy
objectives of the scheme;
(j) the objective that, after the end
of the simulcast period for a coverage area, the transmission of a national
television broadcasting service in SDTV digital mode in so much of that area as
was not a digital‑only local market area should achieve the same level of
coverage and potential reception quality as was achieved by the transmission of
that service in analog mode in so much of that area as was not a digital‑only
local market area immediately before the end of that period;
(ja) the objective that, after a local
market area becomes a digital‑only local market area, the transmission of
a national television broadcasting service in SDTV digital mode in the digital‑only
local market area should achieve the same level of coverage and potential
reception quality as was achieved by the transmission of that service in analog
mode in the local market area immediately before the local market area became a
digital‑only local market area;
(k) the objective that national
broadcasters be permitted to use any spare transmission capacity that is
available on the digital transmission channels for the purpose of the
transmission of datacasting services provided under, and in accordance with the
conditions of, datacasting licences or for the purpose of the transmission of
national radio broadcasting services;
(l) the objective that the ACMA is to
consult with national broadcasters about the implementation of the scheme;
(m) the objective that, if the
implementation of the scheme affects particular broadcasting transmission
towers, the ACMA is to consult the owners and operators of those towers;
(n) the objective that, in allotting
channels under the scheme or a digital channel plan, the ACMA must have regard
to:
(i) the need to plan the
most efficient use of the spectrum; and
(ii) the other relevant
policy objectives of the scheme.
(3A) The ACMA must consult with national
broadcasters about the implementation of the scheme.
(4) Subclause (3) does not prevent the
national television conversion scheme from allowing a national broadcaster to
transmit the national television broadcasting service concerned in digital mode
in a regional coverage area during the whole or a part of the period:
(a) beginning on 1 January 2001; and
(b) ending
immediately before the start of the simulcast period for that area;
so long as that transmission complies with such requirements
as are ascertained in accordance with the scheme.
(5) Subclause (3) does not prevent Part
A of the national television conversion scheme from allowing a national
broadcaster to transmit, on a test basis, the national television broadcasting
service concerned in digital mode in a coverage area before the start of the
simulcast period for that area, so long as that transmission:
(a) complies with such requirements as
are ascertained in accordance with that Part of the scheme; and
(b) occurs during a period ascertained
in accordance with that Part of the scheme.
(5A) For the purposes of paragraphs (3)(ha)
and (n), in determining the most efficient use of the spectrum, the ACMA is to
have regard to:
(a) the need for spectrum to be made
available for allocation for the purposes of the transmission of datacasting
services under, and in accordance with the conditions of, datacasting licences;
and
(b) such other matters as the ACMA
considers relevant.
(6) The objective mentioned in paragraph (3)(g)
(which deals with co‑location of transmitters) does not prevent Part A of
the national television conversion scheme from making provision for the
location of digital transmitters otherwise than as mentioned in that paragraph,
where the ACMA is satisfied that an alternative location is appropriate having
regard to:
(a) the remaining objectives set out
in subclause (3); and
(b) the costs that are likely to be
incurred by the national broadcaster concerned; and
(c) such other matters (if any) as the
ACMA considers relevant.
Remote coverage areas—start‑up of digital
transmission
(6A) Part B of the national television
conversion scheme must be directed towards ensuring the achievement of the
policy objective that each national broadcaster is required to commence
transmitting the national television broadcasting service concerned in SDTV
digital mode in a remote coverage area by such date as is ascertained in
relation to that area in accordance with an implementation plan that was given
by the broadcaster, and is in force, under clause 20.
Remote coverage areas—simulcast period
(7) Part B of the national television
conversion scheme may make provision for a transitional period for a specified
remote coverage area, that is to be known as the simulcast period,
throughout which a national broadcaster is required to transmit simultaneously
the national television broadcasting service concerned in both analog mode and
SDTV digital mode in that area.
(7A) The simulcast period for a particular
remote coverage area:
(a) is to begin on the date mentioned
in subclause (6A); and
(b) is to end at the end of the
simulcast period (within the meaning of subclause 6(7)) for the licence area
that corresponds to that coverage area.
SDTV multi‑channelled national television broadcasting
services
(7B) This clause does not apply to a SDTV multi‑channelled
national television broadcasting service.
HDTV multi‑channelled national television
broadcasting services
(7C) This clause does not apply to a HDTV multi‑channelled
national television broadcasting service.
Simulcasting
(8) In determining, for the purposes of paragraph (3)(c)
and subclause (7), whether a national broadcaster transmits simultaneously
the national television broadcasting service concerned in both analog mode and
SDTV digital mode:
(a) in the case of the Special
Broadcasting Service Corporation where a relevant determination is in force
under subclause (9)—ignore any advertising or sponsorship matter covered
by the determination, so long as the Special Broadcasting Service Corporation
complies with such conditions (if any) as are specified in the determination;
and
(b) if a relevant determination is in
force under subclause (10)—ignore any television programs covered by the
determination, so long as the national broadcaster complies with such
conditions (if any) as are specified in the determination; and
(c) ignore any digital program‑enhancement
content (as defined by subclause (14)); and
(d) ignore
a particular television program transmitted using multi‑channelling
transmission capacity, where:
(i) the program is a
scheduled program that provides live coverage of a designated event (as defined
by subclause (20)); and
(ii) the other television
program broadcast using that multi‑channelling transmission capacity is a
regularly scheduled news program; and
(iii) the end of the
designated event is delayed for reasons that are not within the control of the
national broadcaster or of the person (if any) who supplied the first‑mentioned
program to the national broadcaster (either directly or indirectly through one
or more interposed persons); and
(iv) the sole purpose of the
use of the multi‑channelling transmission capacity is to allow viewers of
the SDTV version of the national television broadcasting service to choose
between viewing the regularly scheduled news program and viewing so much of the
designated event as overlaps the other television program; and
(e) ignore an electronic program guide
(as defined by subclause (24)).
(8A) For the purposes of this Act (other than paragraph (3)(c)
or subclauses (7), (8) and (11) of this clause or Division 2 of Part 4
of this Schedule) and any other law of the Commonwealth, if a national
broadcaster transmits matter that is required to be ignored by paragraph (8)(c),
(d) or (e) of this clause, that matter is taken to be part of the national
television broadcasting service concerned.
(9) The ACMA may, by writing, determine that paragraph (8)(a)
applies to specified advertising or sponsorship matter transmitted by the Special
Broadcasting Service Corporation during a specified period. The specified
advertising or sponsorship matter may consist of all advertising or sponsorship
matter transmitted by the Special Broadcasting Service Corporation. The
specified period may consist of the simulcast period for the coverage area
concerned.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(10) The ACMA may, by writing, determine that paragraph (8)(b)
applies to specified television programs transmitted by a specified national
broadcaster during a specified period.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(11) The ACMA must not make a determination
under subclause (9) or (10) unless the ACMA is satisfied that, if it were
assumed that the determination were made, the version of the national
television broadcasting service transmitted in SDTV digital mode will be
substantially the same as the version of the service transmitted in analog
mode.
(12) A determination under subclause (9)
or (10) is a disallowable instrument for the purposes of section 46A of
the Acts Interpretation Act 1901.
(13) A reference in this clause to advertising
or sponsorship matter is a reference to advertising or sponsorship
matter (whether or not of a commercial kind).
Digital program‑enhancement content
(14) For the purposes of this clause, digital
program‑enhancement content is content:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech,
music or other sounds; or
(d) whether in the form of visual
images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of
forms;
where:
(g) the content is transmitted using a
digital modulation technique; and
(h) the sole purpose of the
transmission of the content is to enhance a television program (the primary
program); and
(i) the subject matter of the content
is closely and directly linked to the subject matter of the primary program;
and
(j) the national broadcaster
transmits simultaneously the content and the primary program; and
(k) either:
(i) the national
broadcaster transmits simultaneously the primary program in both analog mode
and SDTV digital mode; or
(ii) the primary program is
covered by a determination under subclause (9) or (10).
Note: For example, if the primary program is live
coverage of a tennis match, the digital program‑enhancement content could
consist of any or all of the following:
(a) the match from different camera angles;
(b) each player’s results in past matches;
(c) video highlights from those past matches;
(d) each player’s ranking and career highlights.
Designated event
(20) For the purposes of this clause, a designated
event is:
(a) a sporting event; or
(b) a declared designated event (as
defined by subclause (21)).
(21) The ACMA may, by writing, determine that a
specified event is a declared designated event for the purposes
of this clause.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(22) A determination under subclause (21)
has effect accordingly.
(23) A determination under subclause (21)
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Electronic program guide
(24) For the purposes of this clause, an electronic
program guide is matter transmitted using a uniform digital modulation
technique, where the matter consists of no more than:
(a) a schedule of the television
programs provided by:
(i) the national
television broadcasting service transmitting the matter; or
(ii) all of the commercial
television broadcasting services and all of the national television
broadcasting services; or
(b) a combination of:
(i) a schedule covered by paragraph (a);
and
(ii) items of factual
information, and/or items of comment, about some or all of the programs in the
schedule, where each item is brief and in the form of text; or
(c) a combination of:
(i) a schedule covered by paragraph (a);
and
(ii) a facility the sole
purpose of which is to enable an end‑user to select, and commence
viewing, one or more of the programs in the schedule; or
(d) a combination of:
(i) a schedule covered by paragraph (a);
and
(ii) items of factual
information, and/or items of comment, about some or all of the programs in the
schedule, where each item is brief and in the form of text; and
(iii) a facility the sole
purpose of which is to enable an end‑user to select, and commence
viewing, one or more of the programs in the schedule.
20
National broadcasters to give implementation plans to the Minister
(1) As soon as practicable after the
formulation of the national television conversion scheme, a national
broadcaster must give the Minister one or more implementation plans relating to
the conversion, over time, of the transmission of the national television
broadcasting service concerned from analog mode to digital mode.
(1A) Subclause (1) does not apply to a SDTV
multi‑channelled national television broadcasting service.
HDTV multi‑channelled national television
broadcasting services
(1B) This clause does not apply to a HDTV multi‑channelled
national television broadcasting service.
(2) In preparing an implementation plan, a
national broadcaster must have regard to the following matters:
(a) in the case of an implementation
plan that relates to a coverage area that is not a remote coverage area—whether
the implementation plan is directed towards ensuring the achievement of the
following policy objectives:
(i) the objective that each
national broadcaster should be required to commence transmitting the national
broadcasting service concerned in digital mode in each metropolitan coverage
area on 1 January 2001;
(ii) the objective that
each national broadcaster should be required to commence transmitting the
national television broadcasting service concerned in digital mode to regional
coverage areas (other than remote coverage areas) on or after 1 January
2001 so that all regional coverage areas (other than remote coverage areas) have
digital transmission of the service by 1 January 2004;
(b) in the case of an implementation
plan that relates to a coverage area that is not a remote coverage area—the
objectives mentioned in subclause 19(3);
(c) in the case of an implementation
plan that relates to a remote coverage area—the special circumstances that
apply to the transmission of national television broadcasting services in that
area;
(d) such other matters (if any) as the
national broadcaster considers relevant.
(3) If an implementation plan is given to the
Minister under this clause, the Minister must:
(a) approve the implementation plan;
or
(b) refuse to approve the
implementation plan.
(4) In deciding whether to approve an
implementation plan under this clause, the Minister must have regard to the
following matters:
(a) in the case of an implementation
plan that relates to a coverage area that is not a remote coverage area—whether
the implementation plan is directed towards ensuring the achievement of the
following policy objectives:
(i) the objective that
each national broadcaster should be required to commence transmitting the
national broadcasting service concerned in digital mode in each metropolitan
coverage area on 1 January 2001;
(ii) the objective that
each national broadcaster should be required to commence transmitting the
national television broadcasting service concerned in digital mode to regional
coverage areas (other than remote coverage areas) on or after 1 January
2001 so that all regional coverage areas (other than remote coverage areas)
have digital transmission of the service by 1 January 2004;
(b) in the case of an implementation
plan that relates to a coverage area that is not a remote coverage area—the
objectives mentioned in subclause 19(3);
(c) in the case of an implementation
plan that relates to a remote coverage area—the special circumstances that
apply to the transmission of national television broadcasting services in that
area;
(d) such other matters (if any) as the
Minister considers relevant.
(5) Before deciding whether to approve an
implementation plan under this clause, the Minister may direct the ACMA to give
the Minister a report about the matter.
(6) If the Minister approves an
implementation plan under this clause, the implementation plan comes into force
on approval.
(7) If the Minister refuses to approve an
implementation plan under this clause, the Minister may, by written notice
given to the national broadcaster concerned:
(a) require the national broadcaster
to give a fresh implementation plan under subclause (1); and
(b) advise the national broadcaster
that, if specified changes were incorporated in the fresh plan, the Minister
would be disposed to approve the fresh plan.
The notice must also set out the reasons for the refusal.
(8) The Minister must cause copies of a
notice under subclause (7) to be laid before each House of the Parliament
within 7 sitting days of that House after the giving of the notice.
(9) A national
broadcaster may give the Minister a variation of an approved implementation
plan that relates to the national broadcaster. Subclauses (2) to (8)
(inclusive) apply to the variation of an implementation plan in a corresponding
way to the way in which they apply to an implementation plan.
(10) The Minister may, by writing, delegate to:
(a) the Secretary of the Department;
or
(b) an SES employee or acting SES
employee in the Department;
the Minister’s power to approve, or to refuse to approve,
variations to approved implementation plans.
21
Compliance with implementation plans
If an implementation plan given by a
national broadcaster under clause 20 is in force, the national broadcaster
must comply with the implementation plan.
22
Scheme may confer administrative powers on the ACMA
The national television conversion
scheme may make provision with respect to a matter by conferring on the ACMA a
power to make a decision of an administrative character.
22A
Scheme may confer power to make digital channel plans
(1) The national television conversion scheme
may provide for the ACMA to make one or more plans (digital channel plans)
that:
(a) allot channels to national
broadcasters; and
(b) set out any technical limitations
on the use of a particular channel that the ACMA believes should be shown in
the plan; and
(c) set out whether the use of a
channel depends on any event or circumstances described in the plan.
(2) The national television conversion scheme
may provide that a digital channel plan may include other matters.
(3) The national television conversion scheme
may provide for the ACMA to vary a digital channel plan.
23
Transmitter licences
Grant of additional spectrum for digital transmission
(1) The national television conversion scheme
must make provision for the issue of transmitter licences authorising
transmissions of national television broadcasting services in digital mode.
Return of spectrum if digital transmission does not
begin
(2) Part A of the national television
conversion scheme must make provision for requiring a national broadcaster to surrender
one or more transmitter licences authorising digital transmission if:
(a) the national broadcaster does not
commence digital transmission as mentioned in paragraph 19(3)(a) or (b) of this
Schedule; and
(b) the national broadcaster does not
satisfy the ACMA that there are exceptional circumstances.
Return of spectrum if digital transmission does not
continue throughout the simulcast period
(3) Part A of the national television
conversion scheme must make provision for requiring a national broadcaster to
surrender one or more transmitter licences authorising digital transmission if:
(a) the national broadcaster commences
digital transmission as mentioned in paragraph 19(3)(a) or (b) of this
Schedule; and
(b) the national broadcaster ceases
digital transmission during the simulcast period for the coverage area
concerned; and
(c) under the scheme, the ACMA gives
the national broadcaster a written direction to:
(i) resume digital
transmission in that area within the period specified in the direction (being a
period that is not longer than one month); and
(ii) continue digital
transmission throughout the simulcast period for that area; and
(d) the national broadcaster does not
comply with a direction referred to in paragraph (c); and
(e) the national broadcaster does not
satisfy the ACMA that there are exceptional circumstances.
Return of spectrum at end of simulcast period
(4) If, at the end of the simulcast period
for a coverage area, a national broadcaster holds one or more transmitter
licences that authorised the transmission of the national television
broadcasting service concerned in that area, Part A of the national television
conversion scheme must make provision for:
(a) requiring the national broadcaster
to surrender the licence or licences, with effect from the end of the simulcast
period; and
(b) the issue, with effect from the
end of the simulcast period, of one or more transmitter licences that authorise
the transmission of national television broadcasting services using the channel
or channels mentioned in paragraph 19(3)(ha) of this Schedule.
Return of spectrum if format and HDTV requirements
contravened
(7) Part A of the national television
conversion scheme must make provision for requiring a national broadcaster to
surrender the transmitter licence or licences that authorised the transmission
of the national television broadcasting service concerned in digital mode in
the coverage area concerned if:
(a) the national broadcaster
contravenes:
(i) subclause 35AA(1); or
(ii) a SDTV national
television format standard; or
(iii) a HDTV national
television format standard; or
(iv) subclause 37F(1); or
(v) a standard under
subclause 37F(3); and
(b) under the scheme, the ACMA gives
the national broadcaster a written direction to comply with that provision or
standard within the period specified in the direction (being a period that is
not longer than one month); and
(c) the national broadcaster does not
comply with a direction referred to in paragraph (b); and
(d) the national broadcaster does not
satisfy the ACMA that there are exceptional circumstances.
(8) Subclause (7) does not prevent the
national television conversion scheme from making provision for the issue of a
transmitter licence to replace a licence that was surrendered on the grounds of
a contravention of a provision or standard mentioned in subparagraph (7)(a)(i),
(iii), (iv) or (v). However, the amount of transmission capacity covered by the
replacement licence must be less than the amount of transmission capacity covered
by the surrendered licence.
Remote coverage areas
(10) Part B of the national television
conversion scheme may make provision for requiring a national broadcaster to
surrender one or more transmitter licences authorising analog transmission or
authorising digital transmission if the national broadcaster does not comply
with:
(a) a specified requirement of that
Part of the scheme; or
(b) subclause 35AA(2); or
(c) a SDTV national television format
standard; or
(d) a HDTV national television format
standard; or
(e) a standard applicable to the
national broadcaster under subclause 37H(1); or
(f) a standard applicable to the
national broadcaster under subclause 37H(2).
(10A) Subclause (10) does not prevent the
national television conversion scheme from making provision for the issue of a
transmitter licence to replace a licence that was surrendered on the grounds of
a contravention of the provision mentioned in paragraph (10)(b) or a
standard mentioned in paragraph (10)(d), (e) or (f). However, the amount
of transmission capacity covered by the replacement licence must be less than
the amount of transmission capacity covered by the surrendered licence.
(11) Part B of the national television
conversion scheme may make provision for the variation of the conditions of a
transmitter licence that authorised analog transmission of a national
television broadcasting service in a remote coverage area so as to ensure that
the licence authorises digital transmission of that service in that area.
24
Amendment of certain plans and guidelines
(1) The national television conversion scheme
may amend the frequency allotment plan or a licence area plan.
(2) The national television conversion scheme
may amend technical planning guidelines in force under section 33.
(3) Subclauses (1) and (2) do not limit
the ACMA’s powers under sections 25, 26 and 33.
25
Reviews and reports
The national television conversion
scheme may provide for the ACMA to conduct reviews, and report to the Minister,
on specified matters.
26 Ancillary
or incidental provisions
The national television conversion
scheme may contain such ancillary or incidental provisions as the ACMA
considers appropriate.
27 ACMA
to have regard to datacasting allocation power
(1) In formulating or varying the national
television conversion scheme, the ACMA must have regard to its power under
subsection 34(3) (which deals with datacasting allocation).
(2) Subclause (1) does not limit the
matters to which the ACMA may have regard.
28 ACMA
to have regard to special circumstances that apply in remote coverage areas
(1) In formulating or varying Part B of the
national television conversion scheme, the ACMA must have regard to the special
circumstances that apply to the transmission of national television broadcasting
services in remote coverage areas.
(2) Subclause (1) does not limit the
matters to which the ACMA may have regard.
29
Minister may give directions to the ACMA
(1) In formulating or varying the national
television conversion scheme, the ACMA must comply with any written directions
given to it by the Minister under this subclause.
(2) A direction under subclause (1) may
be of a general or specific nature.
(3) The Minister must arrange for a copy of a
direction under subclause (1) to be published in the Gazette within
14 days after the direction is given.
30
Variation of scheme
(1) The national television conversion scheme
may be varied, but not revoked, in accordance with subsection 33(3) of the Acts
Interpretation Act 1901.
(2) Subclause (1) does not limit the
application of subsection 33(3) of the Acts Interpretation Act 1901 to
other instruments under this Act.
31
Scheme to be a disallowable instrument
An instrument under subclause 19(1) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
32
Scheme does not take effect until approved by the Minister
The national television conversion
scheme, or a variation of the scheme, does not take effect unless and until it
is approved, in writing, by the Minister.
33
Processes to be public
In formulating or varying the national
television conversion scheme, the ACMA must make provision for:
(a) public consultation; and
(b) consultation with national
broadcasters; and
(c) consultation with holders of commercial
television broadcasting licences; and
(e) consultation with owners and
operators of broadcasting transmission towers.
34
Compliance with scheme
A national broadcaster must comply with
the national television conversion scheme.
35
Simulcasting requirements
(1) If there is a simulcast period for a
coverage area, a national broadcaster must not broadcast a television program
in SDTV digital mode in so much of that coverage area as is not a digital‑only
local market area during the simulcast period for that coverage area unless the
program is broadcast simultaneously by the national broadcaster in analog mode in
so much of that coverage area as is not a digital‑only local market area.
(2) Subclause 19(8) applies to this clause in
a corresponding way to the way in which it applies to paragraph 19(3)(c) of
this Schedule and subclause 19(7) of this Schedule.
(3) This clause does not apply to a SDTV multi‑channelled
national television broadcasting service.
35AA
National broadcasters must provide HDTV multi‑channelled national
television broadcasting service during simulcast period etc.
(1) If there is a simulcast period for a
coverage area, a national broadcaster must provide at least one HDTV multi‑channelled
national television broadcasting service in the coverage area during that
period.
(2) If:
(a) there is a simulcast‑equivalent
period for a coverage area; and
(b) under the regulations, a national
broadcaster is required to provide a HDTV multi‑channelled national
television broadcasting service in the coverage area during that period;
the national broadcaster must comply with that
requirement.
36
Digital transmitter not to be used to provide a subscription television
broadcasting service etc.
(1) If a national broadcaster holds a
transmitter licence that authorises the operation of a transmitter for
transmitting national television broadcasting services in digital mode, the
national broadcaster must not operate, or permit the operation of, that
transmitter to transmit in digital mode:
(a) a commercial broadcasting service
that provides radio programs; or
(b) a subscription radio broadcasting
service; or
(c) a subscription television
broadcasting service; or
(d) a subscription radio narrowcasting
service; or
(e) a subscription television narrowcasting
service; or
(f) an open narrowcasting radio
service; or
(g) an open narrowcasting television
service.
Part 4—Standards and HDTV quotas
Division 2—HDTV quotas and standards
37DA
This Division does not apply in relation to licences allocated under subsection
40(1)
This Division does not apply in relation
to a commercial television broadcasting licence if the licence was allocated
under subsection 40(1).
37E
Non‑remote areas—HDTV quotas for commercial television broadcasting
licensees
(1) During the HDTV quota period for a
commercial television broadcasting licence, the licensee must transmit at least
the HDTV quota of high‑definition television programs in HDTV digital
mode on the HDTV multi‑channelled commercial television broadcasting service
provided by the licensee in the licence area.
(2) For the purposes of subclause (1),
the HDTV quota period for a commercial television broadcasting
licence is the period:
(a) beginning:
(i) if the licence was in
force immediately before 1 January 2007 and is not the licence with the
service licence number SL1150827—at the start of 1 January 2007; or
(ii) if the licence is in
force immediately before 1 January 2008 and the service licence number of
the licence is SL1150827—at the start of 1 January 2008; or
(iii) in any other case—at
the start of the first day after the end of the 2‑year period that begins
when the licensee is required to commence transmitting a commercial television
broadcasting service in the licence area concerned; and
(b) ending at the end of the simulcast
period, or the simulcast‑equivalent period, for the licence area
concerned.
Note: The licence referred to in subparagraph (a)(ii)
was allocated to Mildura Digital Television Pty Ltd for the Mildura/Sunraysia
TV1 licence area.
(2A) For the purposes of subclause (1), the
HDTV quota for a calendar year, or a part of a calendar year,
included in the HDTV quota period is as follows:
(a) for a calendar year—1040 hours;
(b) for a part of a calendar year—1040
hours reduced on a pro‑rata basis.
Prime viewing hours quotas
(3) The regulations may determine standards
that require commercial television broadcasting licensees to meet specified
quotas in relation to the extent to which high‑definition television
programs, or specified kinds of high‑definition television programs, are
transmitted in HDTV digital mode in prime viewing hours on the HDTV multi‑channelled
commercial television broadcasting service provided by the licensee in the
licence area.
Application
(4) Subclauses (1), (2) and (3) apply in
relation to the transmission of a HDTV multi‑channelled commercial
television broadcasting service in a licence area that is not a remote licence
area, if the service is not transmitted using a transmitter operated under the
authority of a transmitter licence issued as mentioned in subclause 8(8).
(5) Subclauses (1), (2) and (3) do not
apply to a commercial television broadcasting licence if an election under
subclause 6(5A) or (5AA) is in force for a commercial television broadcasting
service provided under the licence.
Note 1: For high‑definition television
program, see clause 37L.
Note 2: For prime viewing hours, see
clause 37M.
37F
Non‑remote areas—HDTV quotas for national broadcasters
(1) During the HDTV quota period for a national
broadcaster, the national broadcaster must transmit at least the HDTV quota of
high‑definition television programs in HDTV digital mode on a designated
HDTV multi‑channelled national television broadcasting service provided
by the broadcaster in the coverage area.
(2) For the purposes of subclause (1),
the HDTV quota period for a national broadcaster is the period:
(a) beginning at the start of 1 January 2007; and
(b) ending after the end of the
simulcast period, or the simulcast‑equivalent period, for the coverage
area concerned.
(2A) For the purposes of subclause (1), the
HDTV quota for a calendar year, or a part of a calendar year,
included in the HDTV quota period is as follows:
(a) for a calendar year—1040 hours;
(b) for a part of a calendar year—1040
hours reduced on a pro‑rata basis.
Prime viewing hours quotas
(3) The regulations may determine standards
that require national broadcasters to meet specified quotas in relation to the
extent to which high‑definition television programs, or specified kinds
of high‑definition television programs, are transmitted in HDTV digital
mode in prime viewing hours on a designated HDTV multi‑channelled
national television broadcasting service.
Application
(4) Subclauses (1), (2) and (3) apply in
relation to the transmission of a designated HDTV multi‑channelled
national television broadcasting service in a coverage area that is not a
remote coverage area, if the service is not transmitted using a transmitter
operated under the authority of a transmitter licence issued as mentioned in
subclause 23(8).
Note 1: For high‑definition television
program, see clause 37L.
Note 2: For prime viewing hours, see
clause 37M.
37G
Remote areas—HDTV quotas for commercial television broadcasting licensees
(1) The regulations may determine standards
that require each commercial television broadcasting licensee to meet specified
quotas in relation to the extent to which high‑definition television
programs, or specified kinds of high‑definition television programs, are
transmitted in HDTV digital mode on the HDTV multi‑channelled commercial
television broadcasting service provided by the licensee in the licence area.
Prime viewing hours quotas
(2) The regulations may determine standards
that require commercial television broadcasting licensees to meet specified
quotas in relation to the extent to which high‑definition television
programs, or specified kinds of high‑definition television programs, are
transmitted in HDTV digital mode in prime viewing hours on the HDTV multi‑channelled
commercial television broadcasting service provided by the licensee in the
licence area.
Application
(3) Subclauses (1)
and (2) apply in relation to the transmission of a HDTV multi‑channelled
commercial television broadcasting service in a remote licence area, if the
service is not transmitted using a transmitter operated under the authority of
a transmitter licence issued as mentioned in subclause 8(10A).
(4) Subclauses (1) and (2) 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)
is in force for the service.
(5) If there is a simulcast period for the
licence area of a commercial television broadcasting licence, subclauses (1)
and (2) cease to apply to the licence at the end of that period.
(6) If there is a simulcast‑equivalent
period for the licence area of a commercial television broadcasting licence, subclauses (1)
and (2) cease to apply to the licence at the end of that period.
Note 1: For high‑definition television
program, see clause 37L.
Note 2: For prime viewing hours, see
clause 37M.
37H
Remote areas—HDTV quotas for national broadcasters
(1) The regulations may determine standards
that require each national broadcaster to meet specified quotas in relation to
the extent to which high‑definition television programs, or specified
kinds of high‑definition television programs, are transmitted in HDTV
digital mode on a designated HDTV multi‑channelled national television
broadcasting service provided by the broadcaster in a coverage area.
Prime viewing hours quotas
(2) The regulations may determine standards
that require national broadcasters to meet specified quotas in relation to the
extent to which high‑definition television programs, or specified kinds
of high‑definition television programs, are transmitted in HDTV digital
mode in prime viewing hours on a designated HDTV multi‑channelled
national television broadcasting service.
Application
(3) Subclauses (1) and (2) apply in
relation to the transmission of a designated HDTV multi‑channelled
national television broadcasting service in a remote coverage area, if the
service is not transmitted using a transmitter operated under the authority of
a transmitter licence issued as mentioned in subclause 23(10A).
(4) If there is a simulcast period for a
coverage area, subclauses (1) and (2) cease to apply to the coverage area
at the end of that period.
(5) If there is a simulcast‑equivalent
period for a coverage area, subclauses (1) and (2) cease to apply to the
coverage area at the end of that period.
Note 1: For high‑definition television
program, see clause 37L.
Note 2: For prime viewing hours, see
clause 37M.
37K
Compliance by national broadcasters
A national broadcaster must comply with
a standard under this Division that is applicable to the broadcaster.
Note: For compliance by licensees, see clause 7
of Schedule 2.
37L
High‑definition television programs
(1) For
the purposes of the application of this Division to a commercial television
broadcasting licensee, a high‑definition television program
is:
(a) a
television program, or incidental material, to the extent that it was
originally produced in a high‑definition digital video format; or
(b) a
television program, or incidental material, to the extent that:
(i) it
was originally produced in a non‑video format (for example, 16 mm or 35
mm film) that was of equivalent picture quality to a high‑definition
digital video format; and
(ii) it
has been converted to a high‑definition digital video format;
where
the conversion has not resulted in a significant reduction in picture quality;
or
(c) incidental
material not covered by paragraph (a) or (b) that is transmitted during
breaks in so much of a television program as satisfies the requirements of paragraph (a)
or (b).
(2) For
the purposes of the application of this Division to a national broadcaster, a high‑definition
television program is:
(a) a
television program, or incidental material, to the extent that it was
originally produced in a high‑definition digital video format; or
(b) a television program, or incidental material,
to the extent that:
(i) it
was originally produced in a non‑video format (for example, 16 mm or 35
mm film) that was of equivalent picture quality to a high‑definition
digital video format; and
(ii) it has been converted to a high‑definition
digital video format;
where
the conversion has not resulted in a significant reduction in picture quality;
or
(c) a
television program, or incidental material, to the extent that:
(i) it
was originally produced in a standard definition digital video format; and
(ii) it
has been converted to a high‑definition digital video format; or
(d) a television program, or incidental material,
to the extent that:
(i) it
was originally produced in an analog video format; and
(ii) it
has been converted to a standard definition digital video format;
where
the converted program or material was subsequently converted to a high‑definition
digital video format; or
(e) incidental
material not covered by paragraph (a), (b), (c) or (d) that is transmitted
during breaks in so much of a television program as satisfies the requirements
of paragraph (a), (b), (c) or (d).
(3) If
material (the archival material) included in a television program
or in incidental material satisfies the following criteria:
(a) the
archival material was originally produced:
(i) before
1 July 2003; or
(ii) if
another day is determined in writing by the Minister in relation to a class of
television programs or incidental material that includes the television program
or incidental material concerned—before that other day;
(b) the archival material would, apart from this
subclause, prevent the part of the television program or incidental material
which includes the archival material from satisfying the requirements of paragraph (1)(a)
or (b) or (2)(a), (b), (c) or (d) (as the case may be);
(c) the
archival material, taken together with any other material to which paragraphs (a)
and (b) apply and that is also included in the same television program or
incidental material, amounts to an insubstantial proportion of the television
program or incidental material;
that part of the
television program or incidental material is taken to satisfy the requirements
of paragraph (1)(a) or (b) or (2)(a), (b), (c) or (d) (as the case may
be).
(4) The following provisions apply to
determinations of a day under subparagraph (3)(a)(ii):
(a) a day so determined may be a
specified day, or a day that is identified in some other way (for example, the
day occurring a specified period before first transmission);
(b) the Minister must not make a
determination that would result in a day so determined being earlier than 1 July 2003.
(5) A determination under subparagraph (3)(a)(ii)
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(6) In this clause:
incidental material means:
(a) advertising or sponsorship
material (whether or not of a commercial kind); or
(b) a promotion for a television
program or a television broadcasting service; or
(c) community information material or
community promotional material; or
(d) a news break or weather bulletin;
or
(e) any other similar material.
television program does not include
incidental material (whether transmitted during or between television
programs).
37M
Prime viewing hours
For the purposes of this Division, prime
viewing hours are the hours:
(a) beginning at 6 pm each day or, if another time is prescribed, beginning at that prescribed time each day; and
(b) ending at 10.30 pm on the same day or, if another time is prescribed, ending at that prescribed time on the
same day.
Division 3—Captioning
38
Captioning
Basic rules
(1) Subject to this clause, each commercial
television broadcasting licensee, and each national broadcaster, must provide a
captioning service for:
(a) television programs transmitted
during prime viewing hours; and
(b) television news or current affairs
programs transmitted outside prime viewing hours.
Note: For compliance by licensees, see clause 7
of Schedule 2.
(2) Subclause (1) does not require the
provision by a commercial television broadcasting licensee of a captioning
service for a television program covered by paragraph 6(8)(d).
(3) Subclause (1) does not require the
provision by a national broadcaster of a captioning service for a television
program covered by paragraph 19(8)(d).
(4) If:
(a) there is a simulcast period, or a
simulcast‑equivalent period, for the licence area of a commercial
television broadcasting licence; and
(b) the licensee provides a core
commercial television broadcasting service in the licence area; and
(c) the licensee provides:
(i) a SDTV multi‑channelled
commercial television broadcasting service; or
(ii) a HDTV multi‑channelled
commercial television broadcasting service;
in the licence area;
then, during that period, subclause (1) does not
require the provision of a captioning service for a television program
transmitted on:
(d) the SDTV multi‑channelled
commercial television broadcasting service; or
(e) the HDTV multi‑channelled
commercial television broadcasting service;
unless the program has been previously transmitted on the
core commercial television broadcasting service.
(4A) If:
(a) subsection 41B(2) applies to a
commercial television broadcasting licence; and
(b) there is a simulcast period for
the licence area of the licence; and
(c) the licensee provides a SDTV multi‑channelled
commercial television broadcasting service that is the licensee’s primary
commercial television broadcasting service; and
(d) the licensee provides:
(i) another SDTV multi‑channelled
commercial television broadcasting service; or
(ii) a HDTV multi‑channelled
commercial television broadcasting service;
then, during that period, subclause (1) does not
require the provision of a captioning service for a television program
transmitted on:
(e) the other SDTV multi‑channelled
commercial television broadcasting service; or
(f) the HDTV multi‑channelled
commercial television broadcasting service;
unless the program has been previously transmitted on the
primary commercial television broadcasting service.
(5) If:
(a) a national broadcaster provides a
national television broadcasting service in a coverage area; and
(b) there is a simulcast period, or a
simulcast‑equivalent period, for the coverage area;
then, during that period, subclause (1) does not
require the provision of a captioning service for a television program
transmitted on:
(c) a SDTV national television
broadcasting service provided by the national broadcaster; or
(d) a HDTV national television
broadcasting service provided by the national broadcaster;
unless the television program has been previously
transmitted by the national broadcaster on the national television broadcasting
service to which clause 19 applies.
(6) Subclause (1) does not require the
provision of a captioning service by the licensee of a commercial television
broadcasting licence that was allocated under subsection 40(1) during:
(a) the first year of operation of the
licence; or
(b) if the ACMA, by written notice
given to the licensee, allows a longer period—that longer period.
(7) Subclause (1)
does not require the provision of a captioning service for:
(a) a television program, or a part of
a television program, that is wholly in a language other than English; or
(b) a television program, or a part of
a television program, the audio component of which consists only of music that
has no human vocal content that is recognisable as being in the English
language; or
(c) so much of the audio component of
a television program as consists of incidental or background music.
(8) For the purposes of paragraphs (7)(a)
and (b), disregard minor and infrequent uses of the English language.
Special rules
(9) If:
(a) there is a simulcast period, or a
simulcast‑equivalent period, for the licence area of a commercial
television broadcasting licence; and
(b) during that period, the licensee
transmits a television program on:
(i) a SDTV multi‑channelled
commercial television broadcasting service; or
(ii) a HDTV multi‑channelled
commercial television broadcasting service;
in the licence area; and
(c) the program has been previously
transmitted on another commercial television broadcasting service provided by
the licensee in the licence area; and
(d) the licensee provided a captioning
service for the program when the program was so previously transmitted on the
other service;
the licensee must provide a captioning service for the
television program transmitted as mentioned in paragraph (b).
(10) If:
(a) there is a simulcast period, or a
simulcast‑equivalent period, for the coverage area of a national
television broadcaster; and
(b) during that period, the national
broadcaster transmits a television program on:
(i) a SDTV multi‑channelled
national television broadcasting service; or
(ii) a HDTV multi‑channelled
national television broadcasting service;
in the coverage area; and
(c) the program has been previously
transmitted on another national television broadcasting service provided by the
national broadcaster in the coverage area; and
(d) the national broadcaster provided
a captioning service for the program when the program was so previously
transmitted on the other service;
the national broadcaster must provide a captioning service
for the television program transmitted as mentioned in paragraph (b).
Prime viewing hours
(11) For the purposes of subclause (1), prime
viewing hours are the hours:
(a) beginning at 6 pm each day or, if another time is prescribed, beginning at that prescribed time each day; and
(b) ending at 10.30 pm on the same day or, if another time is prescribed, ending at that prescribed time on the
same day.
Definition
(12) In this
clause:
program does
not include advertising or sponsorship matter (whether or not of a commercial
kind).
SDTV multi‑channelled commercial television
broadcasting services
(13) The following provisions do not apply to a
commercial television broadcasting licensee before 1 January 2009:
(a) subparagraph (4)(c)(i);
(b) paragraph (4)(d);
(c) subparagraph (9)(b)(i).
Division 5—Miscellaneous
41
Standards may incorporate other instruments
Section 589 of the Telecommunications
Act 1997 applies to regulations made for the purposes of this Part in a
corresponding way to the way in which it applies to an instrument under that
Act.
Part 4A—Restrictions on televising anti‑siphoning events
Division 1—Commercial television broadcasting services
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.
Scope
(1) This clause applies to a commercial
television broadcasting licensee if:
(a) there is a simulcast period, or a
simulcast‑equivalent period, for the licence area of the licence; and
(b) during that period, the licensee
provides a core commercial television broadcasting service in the licence area.
Televising the whole of an anti‑siphoning event
(2) During that period, the licensee must not
televise on a SDTV multi‑channelled commercial television broadcasting
service in the licence area the whole of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the whole of the event on the core commercial
television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the whole of the event on both:
(i) the core commercial
television broadcasting service; and
(ii) the SDTV multi‑channelled
commercial television broadcasting service.
Televising a part of an anti‑siphoning event
(3) During that period, the licensee must not
televise on a SDTV multi‑channelled commercial television broadcasting
service in the licence area a part of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the part of the event on the core commercial
television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the part of the event on both:
(i) the core commercial
television broadcasting service; and
(ii) the SDTV multi‑channelled
commercial television broadcasting service; or
(c) the licensee televises the part of
the event in a news or current affairs program broadcast on the SDTV multi‑channelled
commercial television broadcasting service.
Note: For anti‑siphoning event,
see subsection 6(1).
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.
Scope
(1) This clause applies to a commercial
television broadcasting licensee if:
(a) subsection 41B(2) applies to the
licence; and
(b) there is a simulcast period, or a
simulcast‑equivalent period, for the licence area of the licence; and
(c) during that period, the licensee
provides:
(i) a SDTV multi‑channelled
commercial television broadcasting service that is the licensee’s primary
commercial television broadcasting service; and
(ii) another SDTV multi‑channelled
commercial television broadcasting service (the secondary commercial
television broadcasting service).
Televising the whole of an anti‑siphoning event
(2) During that period, the licensee must not
televise on the secondary commercial television broadcasting service in the
licence area the whole of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the whole of the event on the licensee’s primary
commercial television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the whole of the event on both:
(i) the licensee’s primary
commercial television broadcasting service; and
(ii) the secondary
commercial television broadcasting service.
Televising a part of an anti‑siphoning event
(3) During that period, the licensee must not
televise on the secondary commercial television broadcasting service in the
licence area a part of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the part of the event on the licensee’s primary
commercial television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the part of the event on both:
(i) the licensee’s primary
commercial television broadcasting service; and
(ii) the secondary commercial
television broadcasting service; or
(c) the licensee televises the part of
the event in a news or current affairs program broadcast on the secondary
commercial television broadcasting service.
Note 1: For primary commercial television
broadcasting service, see subclause 41G(1).
Note 2: For anti‑siphoning event,
see subsection 6(1).
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.
Scope
(1) This clause applies to a commercial
television broadcasting licensee if:
(a) there is a simulcast period, or a
simulcast‑equivalent period, for the licence area of the licence; and
(b) during that period, the licensee
provides a core commercial television broadcasting service in the licence area.
Televising the whole of an anti‑siphoning event
(2) During that period, the licensee must not
televise on a HDTV multi‑channelled commercial television broadcasting
service in the licence area the whole of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the whole of the event on the core commercial
television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the whole of the event on both:
(i) the core commercial
television broadcasting service; and
(ii) the HDTV multi‑channelled
commercial television broadcasting service.
Televising a part of an anti‑siphoning event
(3) During that period, the licensee must not
televise on a HDTV multi‑channelled commercial television broadcasting
service in the licence area a part of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the part of the event on the core commercial television
broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the part of the event on both:
(i) the core commercial
television broadcasting service; and
(ii) the HDTV multi‑channelled
commercial television broadcasting service; or
(c) the licensee televises the part of
the event in a news or current affairs program broadcast on the HDTV multi‑channelled
commercial television broadcasting service.
Note: For anti‑siphoning event,
see subsection 6(1).
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.
Scope
(1) This clause applies to a commercial
television broadcasting licensee if:
(a) subsection 41B(2) applies to the
licence; and
(b) there is a simulcast period, or a
simulcast‑equivalent period, for the licence area of the licence; and
(c) during that period, the licensee
provides a primary commercial television broadcasting service in the licence
area.
Televising the whole of an anti‑siphoning event
(2) During that period, the licensee must not
televise on a HDTV multi‑channelled commercial television broadcasting
service in the licence area the whole of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the whole of the event on the licensee’s primary
commercial television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the whole of the event on both:
(i) the licensee’s primary
commercial television broadcasting service; and
(ii) the HDTV multi‑channelled
commercial television broadcasting service.
Televising a part of an anti‑siphoning event
(3) During that period, the licensee must not
televise on a HDTV multi‑channelled commercial television broadcasting
service in the licence area a part of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the part of the event on the licensee’s primary
commercial television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the part of the event on both:
(i) the licensee’s primary
commercial television broadcasting service; and
(ii) the HDTV multi‑channelled
commercial television broadcasting service; or
(c) the licensee televises the part of
the event in a news or current affairs program broadcast on the HDTV multi‑channelled
commercial television broadcasting service.
Note 1: For primary commercial television
broadcasting service, see subclause 41G(1).
Note 2: For anti‑siphoning event,
see subsection 6(1).
41E
SDTV multi‑channelled commercial television broadcasting
service—restrictions on televising anti‑siphoning events after the end of
the simulcast period etc.
Scope
(1) This clause applies to a commercial
television broadcasting licensee after the end of the simulcast period, or the
simulcast‑equivalent period, for the licence area of the licence if the
licensee provides:
(a) a SDTV multi‑channelled
commercial television broadcasting service that is the licensee’s primary
commercial television broadcasting service in the licence area; and
(b) one or more other SDTV multi‑channelled
commercial television broadcasting services (the secondary commercial
television broadcasting services) in the licence area.
Televising the whole of an anti‑siphoning event
(2) The licensee must not televise on a
secondary commercial television broadcasting service in the licence area the
whole of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the whole of the event on the licensee’s primary
commercial television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the whole of the event on both:
(i) the licensee’s primary
commercial television broadcasting service; and
(ii) the secondary
commercial television broadcasting service.
Televising a part of an anti‑siphoning event
(3) The licensee must not televise on a
secondary commercial television broadcasting service in the licence area a part
of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the part of the event on the licensee’s primary
commercial television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the part of the event on both:
(i) the licensee’s primary
commercial television broadcasting service; and
(ii) the secondary
commercial television broadcasting service; or
(c) the licensee televises the part of
the event in a news or current affairs program broadcast on the secondary
commercial television broadcasting service.
Note 1: For primary commercial television
broadcasting service, see subclause 41G(2).
Note 2: For anti‑siphoning event,
see subsection 6(1).
41F
HDTV multi‑channelled commercial television broadcasting
service—restrictions on televising anti‑siphoning events after the end of
the simulcast period etc.
Scope
(1) This clause applies to a commercial
television broadcasting licensee after the end of the simulcast period, or the
simulcast‑equivalent period, for the licence area of the licence.
Televising the whole of an anti‑siphoning event
(2) The licensee must not televise on a HDTV
multi‑channelled commercial television broadcasting service in the
licence area the whole of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the whole of the event on the licensee’s primary
commercial television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the whole of the event on both:
(i) the licensee’s primary
commercial television broadcasting service; and
(ii) the HDTV multi‑channelled
commercial television broadcasting service.
Televising a part of an anti‑siphoning event
(3) The licensee must not televise on a HDTV
multi‑channelled commercial television broadcasting service in the
licence area a part of an anti‑siphoning event unless:
(a) the licensee has previously
televised in the licence area the part of the event on the licensee’s primary
commercial television broadcasting service; or
(b) the licensee will televise
simultaneously in the licence area the part of the event on both:
(i) the licensee’s primary
commercial television broadcasting service; and
(ii) the HDTV multi‑channelled
commercial television broadcasting service; or
(c) the licensee televises the part of
the event in a news or current affairs program broadcast on the HDTV multi‑channelled
commercial television broadcasting service.
Note 1: For primary commercial television
broadcasting service, see subclause 41G(2).
Note 2: For anti‑siphoning event,
see subsection 6(1).
41G
Primary commercial television broadcasting service
Service provided during the simulcast period etc.
(1) If subsection 41B(2) applies to a
commercial television broadcasting licence, the ACMA may, by legislative
instrument, declare that a specified SDTV multi‑channelled commercial
television broadcasting service provided by the licensee during the simulcast
period, or the simulcast‑equivalent period, for the licence area of the
licence is the licensee’s primary commercial television broadcasting
service in the licence area.
Service provided after the end of the simulcast period
etc.
(2) The ACMA may, by legislative instrument,
declare that a specified SDTV multi‑channelled commercial television
broadcasting service provided by a commercial television broadcasting licensee
after the end of the simulcast period, or the simulcast‑equivalent
period, for the licence area of the licence is the licensee’s primary
commercial television broadcasting service in the licence area.
Division 2—National television broadcasting services
41H
SDTV multi‑channelled national television broadcasting
service—restrictions on televising anti‑siphoning events during the
simulcast period etc.
Scope
(1) This clause applies to a national
broadcaster if there is a simulcast period, or a simulcast‑equivalent
period, for a coverage area.
Televising the whole of an anti‑siphoning event
(2) During that period, the national
broadcaster must not televise on a SDTV multi‑channelled national
television broadcasting service in the coverage area the whole of an anti‑siphoning
event unless:
(a) the national broadcaster has
previously televised in the coverage area the whole of the event on the
national television broadcasting service to which clause 19 applies; or
(b) the national broadcaster will
televise simultaneously in the coverage area the whole of the event on both:
(i) the national
television broadcasting service to which clause 19 applies; and
(ii) the SDTV multi‑channelled
national television broadcasting service.
Televising a part of an anti‑siphoning event
(3) During that period, the national
broadcaster must not televise on a SDTV multi‑channelled national
television broadcasting service in the coverage area a part of an anti‑siphoning
event unless:
(a) the national broadcaster has
previously televised in the coverage area the part of the event on the national
television broadcasting service to which clause 19 applies; or
(b) the national broadcaster will
televise simultaneously in the coverage area the part of the event on both:
(i) the national
television broadcasting service to which clause 19 applies; and
(ii) the SDTV multi‑channelled
national television broadcasting service; or
(c) the national broadcaster televises
the part of the event in a news or current affairs program broadcast on the
SDTV multi‑channelled national television broadcasting service.
Note: For anti‑siphoning event, see
subsection 6(1).
41J
HDTV multi‑channelled national television broadcasting
service—restrictions on televising anti‑siphoning events during the
simulcast period etc.
Scope
(1) This clause applies to a national
broadcaster if there is a simulcast period, or a simulcast‑equivalent
period, for a coverage area.
Televising the whole of an anti‑siphoning event
(2) During that period, the national
broadcaster must not televise on a HDTV multi‑channelled national
television broadcasting service in the coverage area the whole of an anti‑siphoning
event unless:
(a) the national broadcaster has
previously televised in the coverage area the whole of the event on the
national television broadcasting service to which clause 19 applies; or
(b) the national broadcaster will
televise simultaneously in the coverage area the whole of the event on both:
(i) the national
television broadcasting service to which clause 19 applies; and
(ii) the HDTV multi‑channelled
national television broadcasting service.
Televising a part of an anti‑siphoning event
(3) During that period, the national
broadcaster must not televise on a HDTV multi‑channelled national
television broadcasting service in the coverage area a part of an anti‑siphoning
event unless:
(a) the national broadcaster has
previously televised in the coverage area the part of the event on the national
television broadcasting service to which clause 19 applies; or
(b) the national broadcaster will
televise simultaneously in the coverage area the part of the event on both:
(i) the national
television broadcasting service to which clause 19 applies; and
(ii) the HDTV multi‑channelled
national television broadcasting service; or
(c) the national broadcaster televises
the part of the event in a news or current affairs program broadcast on the
HDTV multi‑channelled national television broadcasting service.
Note: For anti‑siphoning event,
see subsection 6(1).
41K
SDTV multi‑channelled national television broadcasting
service—restrictions on televising anti‑siphoning events after the end of
the simulcast period etc.
Scope
(1) This clause applies to a national
broadcaster after the end of the simulcast period, or the simulcast‑equivalent
period, for a coverage area if the national broadcaster provides:
(a) a SDTV multi‑channelled
national television broadcasting service that is the broadcaster’s primary
national television broadcasting service in the coverage area; and
(b) one or more other SDTV multi‑channelled
national television broadcasting services (the secondary national
television broadcasting services) in the coverage area.
Televising the whole of an anti‑siphoning event
(2) The national broadcaster must not
televise on a secondary national television broadcasting service in the
coverage area the whole of an anti‑siphoning event unless:
(a) the national broadcaster has
previously televised in the coverage area the whole of the event on the
broadcaster’s primary national television broadcasting service; or
(b) the national broadcaster will
televise simultaneously in the coverage area the whole of the event on both:
(i) the broadcaster’s
primary national television broadcasting service; and
(ii) the secondary national
television broadcasting service.
Televising a part of an anti‑siphoning event
(3) The national broadcaster must not
televise on a secondary national television broadcasting service in the
coverage area a part of an anti‑siphoning event unless:
(a) the national broadcaster has
previously televised in the coverage area the part of the event on the broadcaster’s
primary national television broadcasting service; or
(b) the national broadcaster will
televise simultaneously in the coverage area the part of the event on both:
(i) the broadcaster’s
primary national television broadcasting service; and
(ii) the secondary national
television broadcasting service; or
(c) the national broadcaster televises
the part of the event in a news or current affairs program broadcast on the
secondary national television broadcasting service.
Note 1: For primary national television
broadcasting service, see clause 41M.
Note 2: For anti‑siphoning event,
see subsection 6(1).
41L
HDTV multi‑channelled national television broadcasting
service—restrictions on televising anti‑siphoning events after the end of
the simulcast period etc.
Scope
(1) This clause applies to a national
broadcaster after the end of the simulcast period, or the simulcast‑equivalent
period, for a coverage area.
Televising the whole of an anti‑siphoning event
(2) The national broadcaster must not televise
on a HDTV multi‑channelled national television broadcasting service in
the coverage area the whole of an anti‑siphoning event unless:
(a) the national broadcaster has
previously televised in the coverage area the whole of the event on the
broadcaster’s primary national television broadcasting service; or
(b) the national broadcaster will
televise simultaneously in the coverage area the whole of the event on both:
(i) the broadcaster’s
primary national television broadcasting service; and
(ii) the HDTV multi‑channelled
national television broadcasting service.
Televising a part of an anti‑siphoning event
(3) The national broadcaster must not
televise on a HDTV multi‑channelled national television broadcasting
service in the coverage area a part of an anti‑siphoning event unless:
(a) the national broadcaster has
previously televised in the coverage area the part of the event on the
broadcaster’s primary national television broadcasting service; or
(b) the national broadcaster will
televise simultaneously in the coverage area the part of the event on both:
(i) the broadcaster’s
primary national television broadcasting service; and
(ii) the HDTV multi‑channelled
national television broadcasting service; or
(c) the national broadcaster televises
the part of the event in a news or current affairs program broadcast on the
HDTV multi‑channelled national television broadcasting service.
Note 1: For primary national television
broadcasting service, see clause 41M.
Note 2: For anti‑siphoning event,
see subsection 6(1).
41M
Primary national television broadcasting service
(1) A national broadcaster must, by written
notice given to the Minister, declare that a specified SDTV multi‑channelled
national television broadcasting service provided by the national broadcaster
after the end of the simulcast period, or the simulcast‑equivalent
period, for a coverage area is the broadcaster’s primary national
television broadcasting service in the coverage area.
(2) The national broadcaster must ensure that
a declaration under subclause (1) is in force at all times after the end
of the simulcast period, or the simulcast‑equivalent period, for the
coverage area concerned.
Part 5—Transmitter access regime
42
Simplified outline
The following is a simplified outline of
this Part:
• The owner or operator of a
broadcasting transmission tower or a designated associated facility must
provide:
(a) the holder
of a commercial television broadcasting licence; or
(b) a national
broadcaster;
with access to the tower or
facility.
• The owner or operator of a
broadcasting transmission tower or a designated associated facility must
provide a datacaster with access to the tower or facility.
• The owner or operator of a
broadcasting transmission tower must provide:
(a) the holder
of a commercial television broadcasting licence; or
(b) a national
broadcaster;
with access to the site of
the tower.
• The owner or operator of a
broadcasting transmission tower must provide a datacaster with access to the
site of the tower.
43
Definitions
In this
Part:
ACCC means the Australian Competition and
Consumer Commission.
datacaster means a person who holds a
datacasting transmitter licence.
datacasting transmitter licence does not
include an authorisation under section 114 of the Radiocommunications
Act 1992.
designated associated facility has the
meaning given by clause 43A.
facility includes apparatus, equipment, a
structure, a line or an electricity cable or wire.
site means:
(a) land; or
(b) a building on land; or
(c) a structure on land.
43A
Designated associated facilities
For the purposes of this Part, a designated
associated facility means any of the following facilities:
(a) an antenna;
(b) a combiner;
(c) a feeder system;
(d) a facility of a kind specified in
the regulations;
where:
(e) the facility is, or is to be,
associated with a transmitter; and
(f) the facility is used, or capable
of being used, in connection with:
(i) the transmission of a
television broadcasting service in digital mode; or
(ii) the provision of
datacasting services in digital mode.
44
Extended meaning of access
(1) For the purposes of this Part, giving
access to a tower includes replacing the tower with another tower
located on the same site and giving access to the replacement tower.
(2) For the purposes of this Part, giving
access to a site on which is situated a tower includes replacing the
tower with another tower located on the site.
(3) For the purposes of this Part, giving
access to a designated associated facility includes:
(a) replacing the facility with
another facility located on the same site and giving access to the replacement
facility; or
(b) giving access to a service
provided by means of the designated associated facility.
45
Access to broadcasting transmission towers
Television broadcasting services in digital mode
(1) The owner or operator of a broadcasting
transmission tower must, if requested to do so by the holder of a commercial
television broadcasting licence (the access seeker), or a
national broadcaster (also the access seeker), give the access
seeker access to the tower.
(2) The owner or operator of the broadcasting
transmission tower is not required to comply with subclause (1) unless:
(a) the access is provided for the
sole purpose of enabling the access seeker to install or maintain a transmitter
and/or associated facilities used, or for use, wholly or principally in
connection with the transmission of the access seeker’s television broadcasting
service or services in digital mode; and
(b) the access seeker gives the owner
or operator reasonable notice that the access seeker requires the access.
Datacasting services in digital mode
(3) The owner or
operator of a broadcasting transmission tower must, if requested to do so by a
datacaster (the access seeker), give the access seeker access to
the tower.
(4) The owner or operator of the broadcasting
transmission tower is not required to comply with subclause (3) unless:
(a) the access is provided for the
sole purpose of enabling the access seeker to install or maintain a transmitter
and/or associated facilities used, or for use, in connection with the provision
of datacasting services in digital mode; and
(b) the access seeker gives the owner
or operator reasonable notice that the access seeker requires the access.
Compliance not technically feasible
(5) The owner or operator of a broadcasting
transmission tower is not required to comply with subclause (1) or (3) if
there is in force a written certificate issued by the ACMA stating that, in the
ACMA’s opinion, compliance with subclause (1) or (3), as the case may be,
in relation to that tower is not technically feasible.
(6) In determining whether compliance with subclause (1)
or (3) in relation to a tower is technically feasible, the ACMA must have
regard to:
(a) whether compliance is likely to
result in significant difficulties of a technical or engineering nature; and
(b) whether compliance is likely to
result in a significant threat to the health or safety of persons who operate,
or work on, the tower; and
(c) if compliance is likely to have a
result referred to in paragraph (a) or (b)—whether there are practicable
means of avoiding such a result, including (but not limited to):
(i) changing the
configuration or operating parameters of a facility situated on the tower; and
(ii) making alterations to
the tower; and
(d) such other matters (if any) as the
ACMA considers relevant.
Issue of certificate
(7) If the ACMA receives a request to make a
decision about the issue of a certificate under subclause (5), the ACMA
must use its best endeavours to make that decision within 10 business days
after the request was made.
45A
Access to designated associated facilities
(1) This clause applies to a designated
associated facility if the facility is situated on, at, in or under:
(a) a broadcasting transmission tower;
or
(b) the site on which a broadcasting
transmission tower is situated.
Television broadcasting services in digital mode
(2) The owner or operator of the designated
associated facility must, if requested to do so by the holder of a commercial
television broadcasting licence (the access seeker), or a
national broadcaster (also called the access seeker), give the
access seeker access to the facility.
(3) The owner or operator of the designated
associated facility is not required to comply with subclause (2) unless:
(a) the access is provided for the
sole purpose of enabling the access seeker to use the facility, or a service
provided by means of the facility, wholly or principally in connection with the
transmission of the access seeker’s television broadcasting service or services
in digital mode; and
(b) the access seeker gives the owner
or operator reasonable notice that the access seeker requires the access.
Datacasting services in digital mode
(4) The owner or operator of the designated
associated facility must, if requested to do so by a datacaster (the access
seeker), give the access seeker access to the facility.
(5) The owner
or operator of the designated associated facility is not required to comply
with subclause (4) unless:
(a) the access is provided for the
sole purpose of enabling the access seeker to use the facility, or a service
provided by means of the facility, wholly or principally in connection with the
provision of datacasting services in digital mode; and
(b) the access seeker gives the owner
or operator reasonable notice that the access seeker requires the access.
Compliance not technically feasible
(6) The owner or operator of a designated
associated facility is not required to comply with subclause (2) or (4) if
there is in force a written certificate issued by the ACMA stating that, in the
ACMA’s opinion, compliance with subclause (2) or (4), as the case may be,
in relation to that facility is not technically feasible.
(7) In determining whether compliance with subclause (2)
or (4) in relation to a facility is technically feasible, the ACMA must have
regard to:
(a) whether compliance is likely to
result in significant difficulties of a technical or engineering nature; and
(b) whether compliance is likely to
result in a significant threat to the health or safety of persons who operate,
or work on, a facility situated on the site; and
(c) if compliance is likely to have a
result referred to in paragraph (a) or (b)—whether there are practicable
means of avoiding such a result, including (but not limited to):
(i) changing the
configuration or operating parameters of a facility situated on the site; and
(ii) making alterations to
a facility situated on the site; and
(d) such other matters (if any) as the
ACMA considers relevant.
Issue of certificate
(8) If the ACMA receives a request to make a
decision about the issue of a certificate under subclause (6), the ACMA
must use its best endeavours to make that decision within 10 business days
after the request was made.
Exemptions
(9) The regulations may provide for
exemptions from subclauses (2) and (4).
(10) Regulations made for the purposes of subclause (9)
may make provision with respect to a matter by conferring on the ACCC a power
to make a decision of an administrative character.
46
Access to sites of broadcasting transmission towers
Television broadcasting services in digital mode
(1) The owner or operator of a broadcasting
transmission tower must, if requested to do so by the holder of a commercial
television broadcasting licence (the access seeker), or a
national broadcaster (also the access seeker), give the access
seeker access to a site if:
(a) the tower is situated on the site;
and
(b) either:
(i) the site is owned,
occupied or controlled by the owner or operator of the tower; or
(ii) the owner or operator
of the tower has a right (either conditional or unconditional) to use the site.
(2) The owner or operator of the broadcasting
transmission tower is not required to comply with subclause (1) unless:
(a) the access is provided for the
sole purpose of enabling the access seeker to install or maintain a transmitter
and/or associated facilities used, or for use, wholly or principally in
connection with the transmission of the access seeker’s television broadcasting
service or services in digital mode; and
(b) the access seeker gives the owner
or operator reasonable notice that the access seeker requires the access.
Datacasting services in digital mode
(3) The owner or operator of a broadcasting
transmission tower must, if requested to do so by a datacaster (the access
seeker), give the access seeker access to a site if the tower is
situated on the site.
(4) The owner
or operator of the broadcasting transmission tower is not required to comply
with subclause (3) unless:
(a) the access is provided for the
sole purpose of enabling the access seeker to install or maintain a transmitter
and/or associated facilities used, or for use, in connection with the provision
of datacasting services in digital mode; and
(b) the access seeker gives the owner
or operator reasonable notice that the access seeker requires the access.
Compliance not technically feasible
(5) The owner or operator of a broadcasting
transmission tower is not required to comply with subclause (1) or (3) if
there is in force a written certificate issued by the ACMA stating that, in the
ACMA’s opinion, compliance with subclause (1) or (3), as the case may be,
in relation to that tower is not technically feasible.
(6) In determining whether compliance with subclause (1)
or (3) in relation to a site is technically feasible, the ACMA must have regard
to:
(a) whether compliance is likely to
result in significant difficulties of a technical or engineering nature; and
(b) whether compliance is likely to
result in a significant threat to the health or safety of persons who operate,
or work on, a facility situated on the site; and
(c) if compliance is likely to have a
result referred to in paragraph (a) or (b)—whether there are practicable
means of avoiding such a result, including (but not limited to):
(i) changing the
configuration or operating parameters of a facility situated on the site; and
(ii) making alterations to
a facility situated on the site; and
(d) such other matters (if any) as the
ACMA considers relevant.
Issue of certificate
(7) If the ACMA receives a request to make a
decision about the issue of a certificate under subclause (5), the ACMA
must use its best endeavours to make that decision within 10 business days
after the request was made.
47
Terms and conditions of access
Access to towers
(1) The owner or operator of a broadcasting
transmission tower must comply with subclause 45(1) or (3) on such terms and
conditions as are:
(a) agreed between the following
parties:
(i) the owner or operator;
(ii) the access seeker
(within the meaning of that subclause); or
(b) failing agreement, determined by
an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator,
the ACCC is to be the arbitrator.
Access to designated associated facilities
(1A) The owner or operator of a designated
associated facility must comply with subclause 45A(2) or (4) on such terms and
conditions as are:
(a) agreed between the following
parties:
(i) the owner or operator;
(ii) the access seeker
(within the meaning of that subclause); or
(b) failing agreement, determined by
an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an
arbitrator, the ACCC is to be the arbitrator.
Access to sites
(2) The owner or operator of a broadcasting
transmission tower must comply with subclause 46(1) or (3) on such terms and
conditions as are:
(a) agreed between the following
parties:
(i) the owner or operator;
(ii) the access seeker
(within the meaning of that subclause); or
(b) failing agreement, determined by
an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an
arbitrator, the ACCC is to be the arbitrator.
Conduct of arbitration
(3) The regulations may make provision for
and in relation to the conduct of an arbitration under this clause.
(4) The regulations may provide that, for the
purposes of a particular arbitration conducted by the ACCC under this clause,
the ACCC may be constituted by a single member, or a specified number of
members, of the ACCC. For each such arbitration, that member or those members
are to be nominated in writing by the Chair of the ACCC.
(5) Subclause (4) does not, by
implication, limit subclause (3).
48
Code relating to access
(1) The ACCC may, by written instrument, make
a Code setting out conditions that are to be complied with in relation to the
provision of access under this Part.
(2) Before making an instrument under subclause (1),
the ACCC must consult:
(a) commercial television broadcasting
licensees; and
(b) national broadcasters; and
(c) owners and operators of
broadcasting transmission towers.
(3) An access seeker must comply with the
Code.
(4) The owner or operator of a broadcasting
transmission tower must comply with the Code, to the extent to which the Code
relates to the provision of access under clause 45 or 46.
(4A) The owner or operator of a designated
associated facility must comply with the Code, to the extent to which the Code
relates to the provision of access under clause 45A.
(5) An instrument under subclause (1) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
49
Arbitration—acquisition of property
(1) This clause applies to a provision of
this Part that authorises the conduct of an arbitration (whether by the ACCC or
another person).
(2) The provision has no effect to the extent
(if any) to which it purports to authorise the acquisition of property if that
acquisition:
(a) is otherwise than on just terms;
and
(b) would be invalid because of
paragraph 51(xxxi) of the Constitution.
(3) In this clause:
acquisition of property has the same meaning
as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in
paragraph 51(xxxi) of the Constitution.
50
Relationship between this Part and the National Transmission Network Sale
Act 1998
Part 3 of the National
Transmission Network Sale Act 1998 does not apply in relation
to an access seeker seeking access to a broadcasting transmission tower or a
site to the extent to which this Part applies in relation to the access seeker
seeking access to that tower or site.
Part 6—Collection of datacasting charge
51
Collection of datacasting charge
Definitions
(1) In this clause:
charge means charge imposed by the Datacasting
Charge (Imposition) Act 1998.
late payment penalty means an amount that is
payable by way of penalty in accordance with a determination under subclause (3).
When charge due and payable
(2) Charge is due and payable at the time
ascertained in accordance with a written determination made by the ACMA.
Late payment penalty
(3) The ACMA may, by written instrument,
determine that, if any charge payable by a person remains unpaid after the time
when it became due for payment, the person is liable to pay to the
Commonwealth, by way of penalty, an amount calculated at the rate of:
(a) 20% per annum; or
(b) if the determination specifies a
lower percentage—that lower percentage per annum;
on the amount unpaid, computed from that time.
Determination has effect
(4) A determination under subclause (3)
has effect accordingly.
Remission of penalty
(5) A determination under subclause (3)
may authorise the ACMA to make decisions about the remission of the whole or a
part of an amount of late payment penalty.
Payment of charge and late payment penalty
(6) Charge and late payment penalty are
payable to the ACMA on behalf of the Commonwealth.
Recovery of charge and penalty
(7) Charge and late payment penalty may be
recovered by the ACMA, on behalf of the Commonwealth, as debts due to the
Commonwealth.
Payments to the Commonwealth
(8) Amounts received by way of charge or late
payment penalty must be paid to the Commonwealth.
Disallowable instrument
(9) A determination under subclause (2)
or (3) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
52
Cancellation of certain exemptions from datacasting charge
(1) This clause cancels the effect of a
provision of another Act that would have the effect of exempting a person from
liability to pay charge imposed by the Datacasting Charge (Imposition) Act
1998.
(2) The cancellation does not apply if the
provision of the other Act is enacted after the commencement of this clause and
refers specifically to charge imposed by the Datacasting Charge (Imposition)
Act 1998.
Part 7—Injunctions
54
Injunctions
Restraining injunctions
(1) If:
(a) the holder of a commercial
television broadcasting licence has, in accordance with the commercial
television conversion scheme, given an implementation plan to the ACMA; and
(b) the ACMA has approved the
implementation plan; and
(c) the holder has engaged, is
engaging or is proposing to engage in any conduct in contravention of the
implementation plan;
the Federal Court may, on the application of the ACMA,
grant an injunction:
(d) restraining the holder from
engaging in the conduct; and
(e) if, in the court’s opinion, it is
desirable to do so—requiring the holder to do something.
(2) If a person has engaged, is engaging or
is proposing to engage in any conduct in contravention of Part 5 of this
Schedule, the Federal Court may, on the application of the ACMA or of the
access seeker referred to in that Part, grant an injunction:
(a) restraining the person from
engaging in the conduct; and
(b) if, in the court’s opinion, it is
desirable to do so—requiring the person to do something.
Performance injunctions
(3) If:
(a) the holder of a commercial
television broadcasting licence has, in accordance with the commercial
television conversion scheme, given an implementation plan to the ACMA; and
(b) the ACMA has approved the
implementation plan; and
(c) the holder has refused or failed,
or is refusing or failing, or is proposing to refuse or fail, to do an act or
thing; and
(d) the refusal or failure was, is or
would be a contravention of the implementation plan;
the Federal Court may, on the application of the ACMA,
grant an injunction requiring the holder to do that act or thing.
(4) If:
(a) a person has refused or failed, or
is refusing or failing, or is proposing to refuse or fail, to do an act or
thing; and
(b) the refusal or failure was, is or
would be a contravention of Part 5 of this Schedule;
the Federal Court may, on the application of the ACMA or
of the access seeker referred to in that Part, grant an injunction requiring
the person to do that act or thing.
55
Interim injunctions
Grant of interim injunction
(1) If an application is made to the court
for an injunction under clause 54, the court may, before considering the
application, grant an interim injunction restraining a person from engaging in
conduct of a kind referred to in that clause.
No undertakings as to damages
(2) The court is not to require an applicant
for an injunction under clause 54, as a condition of granting an interim
injunction, to give any undertakings as to damages.
56
Discharge etc. of injunctions
The court may discharge or vary an
injunction granted under this Part.
57
Certain limits on granting injunctions not to apply
Restraining injunctions
(1) The power of the court under this Part to
grant an injunction restraining a person from engaging in conduct of a
particular kind may be exercised:
(a) if the court is satisfied that the
person has engaged in conduct of that kind—whether or not it appears to the
court that the person intends to engage again, or to continue to engage, in
conduct of that kind; or
(b) if it appears to the court that,
if an injunction is not granted, it is likely that the person will engage in
conduct of that kind—whether or not the person has previously engaged in
conduct of that kind and whether or not there is an imminent danger of
substantial damage to any person if the person engages in conduct of that kind.
Performance injunctions
(2) The power of the court under this Part to
grant an injunction requiring a person to do an act or thing may be exercised:
(a) if the court is satisfied that the
person has refused or failed to do that act or thing—whether or not it appears
to the court that the person intends to refuse or fail again, or to continue to
refuse or fail, to do that act or thing; or
(b) if it appears to the court that,
if an injunction is not granted, it is likely that the person will refuse or
fail to do that act or thing—whether or not the person has previously refused
or failed to do that act or thing and whether or not there is an imminent
danger of substantial damage to any person if the person refuses or fails to do
that act or thing.
58
Other powers of the court unaffected
The powers conferred on the court under
this Part are in addition to, and not instead of, any other powers of the
court, whether conferred by this Act or otherwise.
Part 8—Reviews
60B
Review before 1 January 2006
(1) Before 1 January 2006, the Minister must cause to be conducted a review of the content of
any regulations made for the purposes of paragraph 6(3)(c) of this Schedule
(which deals with the duration of the simulcast period).
(2) The Minister must cause to be prepared a
report of a review under subclause (1).
(3) The Minister must cause copies of a
report to be laid before each House of the Parliament within 15 sitting days of
that House after the completion of the preparation of the report.
60C Review
of content and captioning rules applicable to multi‑channelled commercial
television broadcasting services
(1) Before 1 January 2010, the Minister must cause to be conducted a review of the following matters:
(a) the operation of Part 9 of
this Act and clause 38 of this Schedule, in so far as those provisions
apply to:
(i) SDTV multi‑channelled
commercial television broadcasting services; and
(ii) HDTV multi‑channelled
commercial television broadcasting services;
(b) whether Part 9 of this Act and
clause 38 of this Schedule, in so far as those provisions apply to:
(i) SDTV multi‑channelled
commercial television broadcasting services; and
(ii) HDTV multi‑channelled
commercial television broadcasting services;
should be amended.
(2) The Minister must cause to be prepared a
report of a review under subsection (1).
(3) The Minister must cause copies of a
report to be laid before each House of the Parliament within 15 sitting days of
that House after the completion of the report.
Part 10—Review of decisions
62
Review by the AAT
Commercial television licensees
(1) An application may be made to the AAT for
a review of any of the following decisions made by the ACMA under the
commercial television conversion scheme:
(a) a decision to refuse to approve an
implementation plan, or a variation of an implementation plan, given to the ACMA
by the holder of a commercial television broadcasting licence;
(b) a decision that the holder of a
commercial television broadcasting licence has failed to satisfy the ACMA that
exceptional circumstances exist as mentioned in subclause 8(2), (3) or (7)
(which deal with surrender of transmitter licences);
(c) a decision to issue a replacement
transmitter licence to the holder of a commercial television broadcasting
licence as mentioned in subclause 8(8) or (10A);
(d) a prescribed decision that relates
to the holder of a commercial television broadcasting licence.
(2) An application under subclause (1)
may only be made by the licensee concerned.
National broadcasters
(3) An application may be made to the AAT for
a review of any of the following decisions made by the ACMA under the national
television conversion scheme:
(a) a decision that a national
broadcaster has failed to satisfy the ACMA that exceptional circumstances exist
as mentioned in subclause 23(2), (3) or (7) (which deal with surrender of
transmitter licences);
(b) a decision to issue a replacement
transmitter licence to a national broadcaster as mentioned in subclause 23(8)
or (10A);
(c) a prescribed decision that relates
to a national broadcaster.
(4) An application under subclause (3)
may only be made by the national broadcaster concerned.
Transmitter access regime
(5) An application may be made to the AAT for
a review of a decision of the ACMA to issue a certificate under subclause
45(5), 45A(6) or 46(5).
(6) An application under subclause (5)
may only be made by the access seeker concerned.
(7) An application may be made to the AAT for
a review of a decision of the ACMA to refuse to issue a certificate under
subclause 45(5) or 46(5).
(8) An application under subclause (7)
may only be made by the owner or operator of the broadcasting transmission
tower concerned.
(9) An application may be made to the AAT for
a review of a decision of the ACMA to refuse to issue a certificate under
subclause 45A(6).
(10) An application under subclause (9)
may only be made by the owner or operator of the designated associated facility
concerned.
63
Notification of decisions to include notification of reasons and appeal rights
If the ACMA makes a decision that is
reviewable under clause 62, the ACMA is to include in the document by
which the decision is notified:
(a) a statement setting out the
reasons for the decision; and
(b) a statement to the effect that an
application may be made to the AAT for a review of the decision.
Part 11—Regional equalisation plan
64
Regional equalisation plan
(1) As soon as practicable after the
commencement of this clause, the Minister must, by writing, formulate a plan (the
regional equalisation plan) which specifies the measures proposed
to be taken by the Minister or the Commonwealth Government:
(a) to facilitate the provision of
commercial television broadcasting services transmitted in digital mode in
regional licence areas; and
(b) to facilitate the provision of
datacasting services transmitted in digital mode in regional licence areas by
the holders of commercial television broadcasting licences.
Objectives
(2) In formulating or varying the regional
equalisation plan, the Minister must have regard to the following objectives:
(a) the objective of maximising the
diversity of choice in television services provided in regional licence areas;
(b) the objective of bringing to
regional licence areas a similar range of entertainment and information
services as are available in metropolitan licence areas;
(c) the objective of maintaining the
financial viability of the commercial television broadcasting industry in
regional licence areas;
(d) the objective of providing commercial
television broadcasting services in regional licence areas that are relevant
to, and responsive to, local needs in those areas;
(e) the objective of discouraging the
concentration of media ownership in regional licence areas.
(3) Subclause (2) does not limit the
matters to which the Minister may have regard.
Variation of plan
(4) The regional equalisation plan may be
varied, but not revoked, in accordance with subsection 33(3) of the Acts
Interpretation Act 1901.
(5) Subclause (4) does not limit the
application of subsection 33(3) of the Acts Interpretation Act 1901 to
other instruments under this Act.
Disallowable instrument
(6) An instrument under subclause (1) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Schedule 5—Online services
Note: See section 216B.
Part 1—Introduction
2
Simplified outline
The
following is a simplified outline of this Schedule:
• This Schedule sets up a
system for regulating certain aspects of the Internet industry.
• If the ACMA is satisfied
that Internet content hosted outside Australia is prohibited content or
potential prohibited content, the ACMA must:
(a) if the ACMA
considers that the content is of a sufficiently serious nature to warrant
referral to a law enforcement agency—notify the content to an Australian police
force; and
(b) notify the
content to Internet service providers so that the providers can deal with the
content in accordance with procedures specified in an industry code or industry
standard (for example, procedures for the filtering, by technical means, of
such content).
• Bodies and associations
that represent the Internet service provider section of the Internet industry
may develop industry codes.
• The ACMA has a reserve
power to make an industry standard if there are no industry codes or if an
industry code is deficient.
• The ACMA may make online
provider determinations regulating Internet service providers.
3
Definitions
In this
Schedule, unless the contrary intention appears:
AAT means the
Administrative Appeals Tribunal.
access includes:
(a) access that is subject to a pre‑condition
(for example, the use of a password); and
(b) access by way of push technology;
and
(c) access by way of a standing
request.
adult means an individual who is 18 or older.
Australia, when used in a geographical sense,
includes all the external Territories.
Australian police force means:
(a) the Australian Federal Police; or
(b) the police force of a State or
Territory.
child means an individual who is not an
adult.
civil proceeding includes a civil action.
Classification Board means the Classification
Board established by the Classification (Publications, Films and Computer
Games) Act 1995.
classified means classified under Schedule 7.
computer game has the same meaning as in the Classification
(Publications, Films and Computer Games) Act 1995.
data storage device means any article or
material (for example, a disk) from which information is capable of being
reproduced, with or without the aid of any other article or device.
designated notification scheme means a
scheme:
(a) in the nature of a scheme for
substituted service; and
(b) under which the ACMA is taken, for
the purposes of this Schedule, to have notified each Internet service provider
of a matter or thing.
Note: For example, the ACMA may make matters or
things available on the Internet (with or without security measures).
film has the same meaning as in the Classification
(Publications, Films and Computer Games) Act 1995.
Note: Film is defined broadly in that
Act, and includes any form of recording from which a visual image can be
produced.
immediate circle has the same meaning as in
the Telecommunications Act 1997.
information means information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether
in the form of speech, music or other sounds; or
(d) whether in the form of visual
images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of
forms.
Internet carriage service means
a listed carriage service that enables end‑users to access the Internet.
Internet content
means information that:
(a) is kept on a data storage device;
and
(b) is accessed, or available for
access, using an Internet carriage service;
but does not include:
(c) ordinary electronic mail; or
(d) information that is transmitted in
the form of a broadcasting service.
Internet content host means a person who
hosts Internet content in Australia, or who proposes to host Internet content
in Australia.
Internet service provider has the meaning
given by clause 8.
listed carriage service has the same meaning
as in the Telecommunications Act 1997.
online provider rule has the meaning given by
clause 79.
ordinary electronic mail does not include a
posting to a newsgroup.
point‑to‑multipoint service has
the same meaning as in the Telecommunications Act 1997.
potential prohibited content has the same
meaning as in Schedule 7.
prohibited content has the same meaning as in
Schedule 7.
special access‑prevention
notice means a notice under clause 47.
standard access‑prevention notice means
a notice under paragraph 40(1)(c) of this Schedule.
5
Internet content that consists of a film
For the purposes of this Schedule, in
determining whether Internet content consists of the entire unmodified contents
of a film, disregard any differences between:
(a) the technique used to embody
sounds and/or visual images in the film; and
(b) the technique used to embody the
sounds and/or visual images in a form in which they can be accessed on the
Internet.
7
Extended meaning of use
Unless the contrary intention appears, a
reference in this Schedule to the use of a thing is a reference
to the use of the thing either:
(a) in isolation; or
(b) in conjunction with one or more
other things.
Part 2—Internet service providers
8
Internet service providers
Basic definition
(1) For the purposes of this Schedule, if a
person supplies, or proposes to supply, an Internet carriage service to the
public, the person is an Internet service provider.
Declared Internet service providers
(2) The Minister may, by written instrument,
declare that a specified person who supplies, or proposes to supply, a
specified Internet carriage service is an Internet service provider
for the purposes of this Schedule. A declaration under this subclause has
effect accordingly.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(3) An instrument under subclause (2) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
9
Supply to the public
(1) This clause sets out the circumstances in
which an Internet carriage service is taken, for the purposes of subclause
8(1), to be supplied to the public.
(2) If:
(a) an Internet carriage service is
used for the carriage of information between 2 end‑users; and
(b) each end‑user is outside the
immediate circle of the supplier of the service;
the service is supplied to the public.
Note: If a company makes Internet content available
for access on the Internet, and an individual obtains access to the content
using an Internet carriage service, the company and the individual are end‑users
in relation to the carriage of the content by the Internet carriage service.
(3) If:
(a) an Internet carriage service is
used to supply point‑to‑multipoint services to end‑users; and
(b) at least one end‑user is
outside the immediate circle of the supplier of the service;
the service is supplied to the public.
(4) If:
(a) an Internet carriage service is
used to supply designated content services (other than point‑to‑multipoint
services) to end‑users; and
(b) at least one end‑user is
outside the immediate circle of the supplier of the service;
the service is supplied to the public.
(5) For the purposes of this clause, a designated
content service is a content service of a kind specified in a written
determination made by the Minister.
(6) A determination under subclause (5)
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(7) In this clause:
content service has the same meaning as in
the Telecommunications Act 1997.
Part 4—Complaints to, and investigations by, the ACMA
Division 1—Making of complaints to the ACMA
23
Complaints about breaches of online provider rules etc.
If a person has reason to believe that
an Internet service provider:
(a) has contravened a code registered
under Part 5 of this Schedule that is applicable to the provider; or
(b) has contravened an online provider
rule that is applicable to the provider;
the person may make a complaint to the ACMA about the
matter.
24
Form of complaint
(1) A complaint under this Division is to be
in writing.
(2) However, the ACMA may permit complaints
to be given, in accordance with specified software requirements, by way of a
specified kind of electronic transmission.
25
Residency etc. of complainant
A person is not entitled to make a
complaint under this Division unless the person is:
(a) an individual who resides in Australia;
or
(b) a body corporate that carries on
activities in Australia; or
(c) the Commonwealth, a State or a
Territory.
Division 2—Investigations by the ACMA
26
Investigation of complaints by the ACMA
(1) The ACMA must investigate a complaint
under Division 1.
(2) However, the ACMA need not investigate
the complaint if:
(a) the ACMA is satisfied that the
complaint is:
(i) frivolous; or
(ii) vexatious; or
(iii) not made in good
faith; or
(b) the ACMA has reason to believe
that the complaint was made for the purpose, or for purposes that include the
purpose, of frustrating or undermining the effective administration of this
Schedule.
(3) The ACMA must notify the complainant of
the results of such an investigation.
(4) The ACMA may terminate such an investigation
if it is of the opinion that it does not have sufficient information to
conclude the investigation.
27
ACMA may investigate matters on its own initiative
If the ACMA thinks that it is desirable
to do so, the ACMA may investigate whether an Internet service provider:
(a) has contravened a code registered
under Part 5 of this Schedule that is applicable to the provider; or
(b) has contravened an online provider
rule that is applicable to the provider.
28
Conduct of investigations
(1) An investigation under this Division is
to be conducted as the ACMA thinks fit.
(2) The ACMA may, for the purposes of an
investigation, obtain information from such persons, and make such inquiries,
as it thinks fit.
(3) This clause has effect subject to Part 13
of this Act (which confers certain investigative powers on the ACMA).
29
Protection from civil proceedings
Civil proceedings do not lie against a
person in respect of loss, damage or injury of any kind suffered by another
person because of any of the following acts done in good faith:
(a) the making of a complaint under
Division 1;
(b) the making of a statement to, or
the giving of a document or information to, the ACMA in connection with an
investigation under this Division.
Division 4—Action to be taken in relation to a complaint about
prohibited content hosted outside Australia
40
Action to be taken in relation to a complaint about prohibited content hosted
outside Australia
(1) If, in the course of an investigation
under Division 2 of Part 3 of Schedule 7, the ACMA is satisfied
that Internet content hosted outside Australia is prohibited content or
potential prohibited content, the ACMA must:
(a) if the ACMA considers the content
is of a sufficiently serious nature to warrant referral to a law enforcement
agency (whether in or outside Australia)—notify the content to:
(i) a member of an
Australian police force; or
(ii) if there is an
arrangement between the ACMA and the chief (however described) of an Australian
police force under which the ACMA is authorised to notify the content to a
another person or body (whether in or outside Australia)—that other person or
body; and
(b) if a code registered, or standard
determined, under Part 5 of this Schedule deals with the matters referred
to in subclause 60(2)—notify the content to Internet service providers under
the designated notification scheme set out in the code or standard, as the case
may be; and
(c) if paragraph (b) does not
apply—give each Internet service provider known to the ACMA a written notice (a
standard access‑prevention notice) directing the provider to take
all reasonable steps to prevent end‑users from accessing the content.
Note: The ACMA may be taken to have given a notice
under paragraph (c)—see clause 51.
(2) For the purposes of paragraph (1)(c),
in determining whether particular steps are reasonable, regard must be had to:
(a) the technical and commercial
feasibility of taking the steps; and
(b) the matters set out in subsection
4(3).
(3) Subclause (2) does not, by
implication, limit the matters to which regard must be had.
Recognised alternative access‑prevention
arrangements
(4) An Internet service provider is not
required to comply with a standard access‑prevention notice in relation
to a particular end‑user if access by the end‑user is subject to a
recognised alternative access‑prevention arrangement (as defined by subclause (5))
that is applicable to the end‑user.
(5) The ACMA may, by written instrument,
declare that a specified arrangement is a recognised alternative access‑prevention
arrangement for the purposes of the application of this Division to one
or more specified end‑users if the ACMA is satisfied that the arrangement
is likely to provide a reasonably effective means of preventing access by those
end‑users to prohibited content and potential prohibited content.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(6) The following are examples of
arrangements that could be declared to be recognised alternative access‑prevention
arrangements under subclause (5):
(a) an arrangement that involves the
use of regularly updated Internet content filtering software;
(b) an arrangement that involves the
use of a “family‑friendly” filtered Internet carriage service.
(7) An instrument under subclause (5) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Referral to law enforcement agency
(8) The manner in which Internet content may
be notified under paragraph (1)(a) to a member of an Australian police
force includes (but is not limited to) a manner ascertained in accordance with
an arrangement between the ACMA and the chief (however described) of the police
force concerned.
(9) If a
member of an Australian police force is notified of particular Internet content
under this clause, the member may notify the content to a member of another law
enforcement agency (whether in or outside Australia).
(10) This clause does not, by implication,
limit the ACMA’s powers to refer other matters to a member of an Australian
police force.
41
Deferral of action in order to avoid prejudicing a criminal investigation
(1) If:
(a) in the course of an investigation
under Division 2 of Part 3 of Schedule 7, the ACMA is satisfied
that Internet content hosted outside Australia is prohibited content or
potential prohibited content; and
(b) apart from this subclause, the ACMA
would be required to take action under subclause 40(1) in relation to the
content; and
(c) a member of an Australian police
force satisfies the ACMA that the taking of that action should be deferred
until the end of a particular period in order to avoid prejudicing a criminal
investigation;
the ACMA may defer taking that action until the end of
that period.
(2) Subclause (1) has effect despite
anything in clause 40.
42
Withdrawal of notification of content—reclassification of Internet content
(1) If:
(a) Internet content has been
classified by the Classification Board (otherwise than because of subclause
24(1) or (2) of Schedule 7); and
(b) the Internet content has been
notified to Internet service providers as mentioned in paragraph 40(1)(b) of
this Schedule; and
(c) the Classification Board
reclassifies the Internet content; and
(d) as
a result of the reclassification, the Internet content ceases to be prohibited
content;
the notification of the Internet content is taken to have
been withdrawn.
(2) If:
(a) a notification of Internet content
is withdrawn under subclause (1); and
(b) a code registered, or standard
determined, under Part 5 of this Schedule deals with the matters referred
to in subclause 60(2);
the ACMA must notify the withdrawal to Internet service
providers under the designated notification scheme set out in the code or
standard, as the case may be.
43
Withdrawal of notification of content—reclassification of Internet content that
consists of a film or a computer game
(1) If:
(a) Internet content consists of:
(i) the entire unmodified
contents of a film; or
(ii) a computer game; and
(b) the Classification Board
reclassifies the film or computer game under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) the Internet content has been
notified to Internet service providers as mentioned in paragraph 40(1)(b) of
this Schedule; and
(d) as a result of the
reclassification, the Internet content ceases to be prohibited content;
the notification of the Internet content is taken to have
been withdrawn.
(2) If:
(a) a notification of Internet content
is withdrawn under subclause (1); and
(b) a code registered, or standard
determined, under Part 5 of this Schedule deals with the matters referred
to in subclause 60(2);
the ACMA must notify the withdrawal to Internet service
providers under the designated notification scheme set out in the code or
standard, as the case may be.
44
Revocation of standard access‑prevention notice—reclassification of
Internet content
(1) If:
(a) Internet content has been
classified by the Classification Board (otherwise than because of subclause
24(1) or (2) of Schedule 7); and
(b) a standard access‑prevention
notice relating to the Internet content is applicable to a particular Internet
service provider; and
(c) the Classification Board
reclassifies the Internet content; and
(d) as a result of the reclassification,
the content ceases to be prohibited content;
the ACMA is taken to have revoked the standard access‑prevention
notice.
(2) If a standard access‑prevention
notice is revoked under this clause, the ACMA must give the Internet service
provider concerned a written notice stating that the standard access‑prevention
notice has been revoked.
Note: The ACMA may be taken to have given a notice
under subclause (2)—see clause 51.
45
Revocation of standard access‑prevention notice—reclassification of
Internet content that consists of a film or a computer game
(1) If:
(a) Internet content consists of:
(i) the entire unmodified
contents of a film; or
(ii) a computer game; and
(b) the Classification Board
reclassifies the film or computer game under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) a standard access‑prevention
notice relating to the Internet content is applicable to a particular Internet
service provider; and
(d) as
a result of the reclassification, the Internet content ceases to be prohibited
content;
the ACMA is taken to have revoked the standard access‑prevention
notice.
(2) If a standard access‑prevention
notice is revoked under this clause, the ACMA must give the Internet service
provider concerned a written notice stating that the standard access‑prevention
notice has been revoked.
Note: The ACMA may be taken to have given a notice
under subclause (2)—see clause 51.
46
Anti‑avoidance—notified Internet content
(1) If:
(a) particular Internet content has
been notified to Internet service providers as mentioned in paragraph 40(1)(b)
of this Schedule; and
(b) the notification has not been
withdrawn; and
(c) the ACMA is satisfied that
Internet content (the similar Internet content) that is the same
as, or substantially similar to, the first‑mentioned Internet content is
being hosted outside Australia; and
(d) the ACMA is satisfied that the
similar Internet content is prohibited content or potential prohibited content;
and
(e) a code registered, or standard determined,
under Part 5 of this Schedule deals with the matters referred to in
subclause 60(2);
the ACMA must notify the similar Internet content to
Internet service providers under the designated notification scheme set out in
the code or standard, as the case may be.
(2) If:
(a) particular Internet content is
notified to Internet service providers as mentioned in paragraph 40(1)(b) of
this Schedule; and
(b) as a result of the application of subclause (1)
to that content, the ACMA notifies similar Internet content to Internet service
providers in accordance with subclause (1); and
(c) the
notification of the first‑mentioned content is withdrawn;
the notification of the similar Internet content is taken
to have been withdrawn.
(3) If:
(a) a notification of Internet content
is withdrawn under subclause (2); and
(b) a code registered, or standard
determined, under Part 5 of this Schedule deals with the matters referred
to in subclause 60(2);
the ACMA must notify the withdrawal to Internet service
providers under the designated notification scheme set out in the code or
standard, as the case may be.
47
Anti‑avoidance—special access‑prevention notice
(1) If:
(a) a standard access‑prevention
notice relating to particular Internet content is applicable to a particular
Internet service provider; and
(b) the ACMA is satisfied that the
Internet service provider is supplying an Internet carriage service that
enables end‑users to access Internet content (the similar Internet
content) that is the same as, or substantially similar to, the Internet
content identified in the standard access‑prevention notice; and
(c) the ACMA is satisfied that the
similar Internet content is prohibited content or potential prohibited content;
the ACMA may give the provider a written notice (special
access‑prevention notice) directing the provider to take all
reasonable steps to prevent end‑users from accessing the similar Internet
content at any time when the standard access‑prevention notice is in
force.
Note: The ACMA may be taken to have given a notice
under this clause—see clause 51.
(2) For the purposes of subclause (1),
in determining whether particular steps are reasonable, regard must be had to:
(a) the technical and commercial
feasibility of taking the steps; and
(b) the matters set out in subsection
4(3).
(3) Subclause (2) does not, by
implication, limit the matters to which regard must be had.
Recognised alternative access‑prevention
arrangements
(4) An Internet service provider is not
required to comply with a special access‑prevention notice in relation to
a particular end‑user if access by the end‑user is subject to a
recognised alternative access‑prevention arrangement (as defined by
subclause 40(5)) that is applicable to the end‑user.
48
Compliance with access‑prevention notices
Standard access‑prevention notice
(1) An Internet service provider must comply
with a standard access‑prevention notice that applies to the provider as
soon as practicable, and in any event by 6 pm on the next business day, after
the notice was given to the provider.
Special access‑prevention notice
(2) An Internet service provider must comply
with a special access‑prevention notice that applies to the provider as
soon as practicable, and in any event by 6 pm on the next business day, after the
notice was given to the provider.
Note: For enforcement, see Part 6 of this
Schedule.
49
Notification of Internet content
Internet content may be notified in
accordance with this Division by:
(a) setting out the content; or
(b) describing the content; or
(c) in any other way.
50
Application of notifications under this Division
A notification under this Division
applies to particular Internet content only to the extent to which the content
is accessed, or available for access, from an Internet site, or a distinct part
of an Internet site, specified in the notification.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
51 ACMA
may be taken to have issued access‑prevention notices
(1) Subject to subclause (2), the ACMA
may, by written instrument, formulate a scheme:
(a) in the nature of a scheme for
substituted service; and
(b) under which the ACMA is taken, for
the purposes of this Schedule, to have done any or all of the following:
(i) given each Internet
service provider a standard access‑prevention notice under paragraph
40(1)(c) of this Schedule;
(ii) in a case where a
standard access‑prevention notice is revoked under clause 44 or
45—given each Internet service provider a notice of the revocation under
whichever of subclause 44(2) or 45(2) is applicable;
(iii) given each Internet
service provider a special access‑prevention notice under clause 47.
(2) It is a minimum requirement for a scheme
formulated under subclause (1) that each Internet service provider be
alerted by electronic means to the existence of a notice.
Note: For example, it is not sufficient for the ACMA
to make notices available on the Internet (with or without security measures)
without notifying Internet service providers that a notice has been issued.
(3) Paragraph 40(1)(c) of this Schedule has
effect, in relation to a scheme under subclause (1), as if the reference
in that paragraph to each Internet service provider known to the ACMA were a
reference to each Internet service provider.
(4) An instrument under subclause (1) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Part 5—Industry codes and industry standards
Division 1—Simplified outline
52
Simplified outline
The following is a simplified outline of
this Part.
• Bodies and associations
that represent the Internet service provider section of the Internet industry
may develop industry codes.
• Industry codes may be
registered by the ACMA.
• Compliance with an industry
code is voluntary unless the ACMA directs a particular participant in the
Internet industry to comply with the code.
• The ACMA has a reserve
power to make an industry standard if there are no industry codes or if an
industry code is deficient.
• Compliance with industry
standards is mandatory.
Division 2—Interpretation
53
Industry codes
For the purposes of this Part, an industry
code is a code developed under this Part (whether or not in response to
a request under this Part).
54
Industry standards
For the purposes of this Part, an industry
standard is a standard determined under this Part.
55
Internet activity
For the purposes of this Part, an Internet
activity is an activity that consists of supplying an Internet carriage
service.
56
Section of the Internet industry
(1) For the purposes of this Part, a section
of the Internet industry is to be ascertained in accordance with this
clause.
(2) For the purposes of this Part, the group
consisting of Internet service providers constitutes a section of the
Internet industry.
57
Participants in a section of the Internet industry
For the purposes of this Part, if a
person is a member of a group that constitutes a section of the Internet
industry, the person is a participant in that section of the
Internet industry.
58
Designated body
(1) The Minister may, by written instrument,
declare that a specified body or association is the designated body
for the purposes of this Part. The declaration has effect accordingly.
(2) An instrument under subclause (1) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Division 3—General principles relating to industry codes and industry
standards
59
Statement of regulatory policy
(2) The Parliament intends that bodies or
associations that the ACMA is satisfied represent the Internet service provider
section of the Internet industry should develop no more than 2 codes (industry
codes) that are to apply to participants in that section of the
industry in relation to the Internet activities of the participants.
(3) The Parliament intends that, for the
Internet service provider section of the Internet industry, one of those
industry codes should deal exclusively with the matters set out in subclause
60(2).
60
Matters that must be dealt with by industry codes and industry standards
General matters
(1) The Parliament intends that, for the
Internet service provider section of the Internet industry, there should be:
(a) an industry code or an industry
standard that deals with; or
(b) an industry code and an industry
standard that together deal with;
each of the following matters:
(c) procedures directed towards the
achievement of the objective of ensuring that online accounts are not provided
to children without the consent of a parent or responsible adult;
(d) giving parents and responsible
adults information about how to supervise and control children’s access to
Internet content;
(e) procedures to be followed in order
to assist parents and responsible adults to supervise and control children’s
access to Internet content;
(f) procedures to be followed in
order to inform producers of Internet content about their legal
responsibilities in relation to that content;
(g) telling customers about their
rights to make complaints under clause 23;
(h) procedures to be followed in order
to assist customers to make complaints under clause 23;
(i) procedures to be followed in
order to deal with complaints about unsolicited electronic mail that promotes
or advertises one or more:
(i) Internet sites; or
(ii) distinct parts of
Internet sites;
that enable, or purport to
enable, end‑users to access information that is likely to cause offence
to a reasonable adult;
(j) subject to subclause (8A), action
to be taken to assist in the development and implementation of Internet content
filtering technologies (including labelling technologies);
(k) subject to subclause (8A), giving
customers information about the availability, use and appropriate application
of Internet content filtering software;
(l) subject to subclause (8A), procedures
directed towards the achievement of the objective of ensuring that customers
have the option of subscribing to a filtered Internet carriage service;
(la) if a determination is in force
under subclause (8A) in relation to a device:
(i) procedures to be
followed in order to inform the users of such a device of the unavailability of
Internet content filtering; and
(ii) procedures directed
towards the achievement of the objective of ensuring that customers have the
option of blocking access to the Internet using such a device;
(m) procedures directed towards the
achievement of the objective of ensuring that, in the event that a participant
in the Internet service provider section of the Internet industry becomes aware
that an Internet content host is hosting prohibited content in Australia, the
host is told about the prohibited content.
Other matters
(2) The Parliament intends that, for the
Internet service provider section of the Internet industry, there should be:
(a) an industry code or an industry
standard that deals with; or
(b) an industry code and an industry
standard that together deal with;
each of the following matters:
(c) the formulation of a designated
notification scheme;
(d) subject to subclause (8A), procedures
to be followed by Internet service providers in dealing with Internet content
notified under paragraph 40(1)(b) of this Schedule or clause 46 (for
example, procedures to be followed by a particular class of Internet service
providers for the filtering, by technical means, of such content).
Designated alternative access‑prevention
arrangements
(3) An industry code or an industry standard
may provide that an Internet service provider is not required to deal with
Internet content notified under paragraph 40(1)(b) of this Schedule or clause 46
by taking steps to prevent particular end‑users from accessing the
content if access by the end‑users is subject to an arrangement that is
declared by the code or standard to be a designated alternative access‑prevention
arrangement for the purposes of the application of this clause to those end‑users.
(4) An industry code developed by a body or
association must not declare that a specified arrangement is a designated
alternative access‑prevention arrangement for the purposes of the
application of this clause to one or more specified end‑users unless the
body or association is satisfied that the arrangement is likely to provide a
reasonably effective means of preventing access by those end‑users to prohibited
content and potential prohibited content.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(5) An industry standard made by the ACMA
must not declare that a specified arrangement is a designated alternative
access‑prevention arrangement for the purposes of the application of this
clause to one or more specified end‑users unless the ACMA is satisfied
that the arrangement is likely to provide a reasonably effective means of
preventing access by those end‑users to prohibited content and potential
prohibited content.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(6) The following are examples of
arrangements that could be declared to be designated alternative access‑prevention
arrangements:
(a) an arrangement that involves the
use of regularly updated Internet content filtering software;
(b) an arrangement that involves the
use of a “family‑friendly” filtered Internet carriage service.
(7) For the purposes of this Schedule, if an
industry code:
(a) deals to any extent with
procedures to be followed by Internet service providers in dealing with
Internet content notified under paragraph 40(1)(b) of this Schedule or clause 46;
and
(b) makes provision as mentioned in subclause (3);
then:
(c) the code is taken to deal with the
matter set out in paragraph (2)(d); and
(d) the code is taken to be consistent
with subclause (2).
(8) For the purposes of this Schedule, if an
industry standard:
(a) deals to any extent with
procedures to be followed by Internet service providers in dealing with
Internet content notified under paragraph 40(1)(b) of this Schedule or clause 46;
and
(b) makes provision as mentioned in subclause (3);
then:
(c) the standard is taken to deal with
the matter set out in paragraph (2)(d); and
(d) the standard is taken to be
consistent with subclause (2).
Internet content filtering—devices
(8A) If the Minister is satisfied that Internet
content filtering is not viable in relation to access to Internet content using
a particular device (for example, a mobile telephone handset), the Minister
may, by legislative instrument, determine that paragraphs (1)(j), (k) and
(l) and (2)(d) do not apply in relation to access to Internet content using that
device.
Clause does not limit matters
(9) This clause does not, by implication,
limit the matters that may be dealt with by industry codes and industry
standards.
61
Industry codes and industry standards not to deal with certain matters
For the purposes of this Part, an
industry code or an industry standard that deals with a particular matter has
no effect to the extent (if any) to which the matter is dealt with by:
(a) a code registered, or a standard
determined, under Part 6 of the Telecommunications Act 1997; or
(b) the Telecommunications Industry
Ombudsman scheme (within the meaning of that Act).
Division 4—Industry codes
62
Registration of industry codes
(1) This clause applies if:
(a) the ACMA is satisfied that a body
or association represents a particular section of the Internet industry; and
(b) that body or association develops
an industry code that applies to participants in that section of the industry
and deals with one or more matters relating to the Internet activities of those
participants; and
(c) the body or association gives a
copy of the code to the ACMA; and
(d) the ACMA is satisfied that:
(i) to the extent to which
the code deals with one or more matters of substantial relevance to the
community—the code provides appropriate community safeguards for that matter or
those matters; and
(ii) to the extent to which
the code deals with one or more matters that are not of substantial relevance
to the community—the code deals with that matter or those matters in an
appropriate manner; and
(e) the ACMA is satisfied that, before
giving the copy of the code to the ACMA:
(i) the body or
association published a draft of the code and invited members of the public to
make submissions to the body or association about the draft within a specified
period; and
(ii) the body or
association gave consideration to any submissions that were received from
members of the public within that period; and
(f) the ACMA is satisfied that,
before giving the copy of the code to the ACMA:
(i) the body or association
published a draft of the code and invited participants in that section of the
industry to make submissions to the body or association about the draft within
a specified period; and
(ii) the body or
association gave consideration to any submissions that were received from
participants in that section of the industry within that period; and
(g) the ACMA is satisfied that the
designated body has been consulted about the development of the code; and
(i) in a case where the code:
(i) relates to the Internet
service provider section of the Internet industry; and
(ii) does not deal with a
matter set out in subclause 60(2);
the code is consistent with
subclauses 59(2) and 60(1); and
(j) in a case where the code:
(i) relates to the
Internet service provider section of the Internet industry; and
(ii) deals with a matter
set out in subclause 60(2);
the code is consistent with
subclauses 59(2) and (3) and 60(2).
Note: Designated body is defined by
clause 58.
(2) The ACMA must register the code by including
it in the Register of industry codes kept under clause 78.
(3) A period specified under subparagraph (1)(e)(i)
or (1)(f)(i) must run for at least 30 days.
(4) If:
(a) an industry code (the new
code) is registered under this Part; and
(b) the new code is expressed to
replace another industry code;
the other code ceases to be registered under this Part
when the new code is registered.
63 ACMA
may request codes
(1) If the ACMA
is satisfied that a body or association represents a particular section of the
Internet industry, the ACMA may, by written notice given to the body or
association, request the body or association to:
(a) develop an industry code that
applies to participants in that section of the industry and deals with one or
more specified matters relating to the Internet activities of those
participants; and
(b) give the ACMA a copy of the code
within the period specified in the notice.
(2) The period specified in a notice under subclause (1)
must run for at least 120 days.
(3) The ACMA must not make a request under subclause (1)
in relation to a particular section of the Internet industry unless the ACMA is
satisfied that:
(a) the development of the code is
necessary or convenient in order to:
(i) provide appropriate
community safeguards; or
(ii) otherwise deal with
the performance or conduct of participants in that section of the industry; and
(b) in the absence of the request, it
is unlikely that an industry code would be developed within a reasonable
period.
(4) The ACMA may vary a notice under subclause (1)
by extending the period specified in the notice.
(5) Subclause (4) does not, by
implication, limit the application of subsection 33(3) of the Acts
Interpretation Act 1901.
(6) A notice under subclause (1) may
specify indicative targets for achieving progress in the development of the
code (for example, a target of 60 days to develop a preliminary draft of the
code).
64
Publication of notice where no body or association represents a section of the
Internet industry
(1) If the ACMA is satisfied that a
particular section of the Internet industry is not represented by a body or
association, the ACMA may publish a notice in the Gazette:
(a) stating that, if such a body or
association were to come into existence within a specified period, the ACMA
would be likely to give a notice to that body or association under subclause
63(1); and
(b) setting out the matter or matters
relating to Internet activities that would be likely to be specified in the
subclause 63(1) notice.
(2) The period specified in a notice under subclause (1)
must run for at least 60 days.
65
Replacement of industry codes
(1) Changes to an industry code are to be
achieved by replacing the code instead of varying the code.
(2) If the replacement code differs only in
minor respects from the original code, clause 62 has effect, in relation
to the registration of the code, as if paragraphs 62(1)(e) and (f) of this
Schedule had not been enacted.
Note: Paragraphs 62(1)(e) and (f) deal with
submissions about draft codes.
66
Compliance with industry codes
(1) If:
(a) a person is a participant in a
particular section of the Internet industry; and
(b) the ACMA is satisfied that the
person has contravened, or is contravening, an industry code that:
(i) is registered under
this Part; and
(ii) applies to
participants in that section of the industry;
the ACMA may, by written notice given to the person,
direct the person to comply with the industry code.
(2) A person must comply with a direction
under subclause (1).
Note: For enforcement, see Part 6 of this
Schedule.
67
Formal warnings—breach of industry codes
(1) This
clause applies to a person who is a participant in a particular section of the
Internet industry.
(2) The ACMA may issue a formal warning if
the person contravenes an industry code registered under this Part.
Division 5—Industry standards
68 ACMA
may determine an industry standard if a request for an industry code is not
complied with
(1) This clause applies if:
(a) the ACMA has made a request under
subclause 63(1) in relation to the development of a code that is to:
(i) apply to participants
in a particular section of the Internet industry; and
(ii) deal with one or more
matters relating to the Internet activities of those participants; and
(b) any of the following conditions is
satisfied:
(i) the request is not
complied with;
(ii) if indicative targets
for achieving progress in the development of the code were specified in the
notice of request—any of those indicative targets were not met;
(iii) the request is
complied with, but the ACMA subsequently refuses to register the code; and
(c) the ACMA is satisfied that it is
necessary or convenient for the ACMA to determine a standard in order to:
(i) provide appropriate
community safeguards in relation to that matter or those matters; or
(ii) otherwise regulate
adequately participants in that section of the industry in relation to that
matter or those matters.
(2) The ACMA may, by written instrument,
determine a standard that applies to participants in that section of the
industry and deals with that matter or those matters. A standard under this
subclause is to be known as an industry standard.
(3) Before determining an industry standard
under this clause, the ACMA must consult the body or association to whom the
request mentioned in paragraph (1)(a) was made.
(4) A standard under subclause (2) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(5) The Minister may give the ACMA a written
direction as to the exercise of its powers under this clause.
69 ACMA
may determine industry standard where no industry body or association formed
(1) This
clause applies if:
(a) the ACMA is satisfied that a
particular section of the Internet industry is not represented by a body or
association; and
(b) the ACMA has published a notice
under subclause 64(1) relating to that section of the industry; and
(c) that notice:
(i) states that, if such a
body or association were to come into existence within a particular period, the
ACMA would be likely to give a notice to that body or association under
subclause 63(1); and
(ii) sets out one or more
matters relating to the Internet activities of the participants in that section
of the industry; and
(d) no such body or association comes
into existence within that period; and
(e) the ACMA is satisfied that it is
necessary or convenient for the ACMA to determine a standard in order to:
(i) provide appropriate
community safeguards in relation to that matter or those matters; or
(ii) otherwise regulate
adequately participants in that section of the industry in relation to that
matter or those matters.
(2) The ACMA may, by written instrument,
determine a standard that applies to participants in that section of the industry
and deals with that matter or those matters. A standard under this subclause is
to be known as an industry standard.
(3) A standard under subclause (2) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(4) The Minister may give the ACMA a written
direction as to the exercise of its powers under this clause.
70 ACMA
may determine industry standards—total failure of industry codes
(1) This clause applies if:
(a) an industry code that:
(i) applies to participants
in a particular section of the Internet industry; and
(ii) deals with one or more
matters relating to the Internet activities of those participants;
has been registered under this
Part for at least 180 days; and
(b) the ACMA is satisfied that the
code is totally deficient (as defined by subclause (7)); and
(c) the ACMA has given the body or
association that developed the code a written notice requesting that
deficiencies in the code be addressed within a specified period; and
(d) that period ends and the ACMA is
satisfied that it is necessary or convenient for the ACMA to determine a
standard that applies to participants in that section of the industry and deals
with that matter or those matters.
(2) The period specified in a notice under paragraph (1)(c)
must run for at least 30 days.
(3) The ACMA may, by written instrument,
determine a standard that applies to participants in that section of the
industry and deals with that matter or those matters. A standard under this
subclause is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or
association represents that section of the industry, the ACMA must consult the
body or association before determining an industry standard under subclause (3).
(5) A standard under subclause (3) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(6) The industry code ceases to be registered
under this Part on the day on which the industry standard comes into force.
(7) For the purposes
of this clause, an industry code that applies to participants in a particular
section of the Internet industry and deals with one or more matters relating to
the Internet activities of those participants is totally deficient if,
and only if:
(a) the code is not operating to
provide appropriate community safeguards in relation to that matter or those
matters; or
(b) the code is not otherwise
operating to regulate adequately participants in that section of the industry
in relation to that matter or those matters.
(8) The Minister may give the ACMA a written
direction as to the exercise of its powers under this clause.
71 ACMA
may determine industry standards—partial failure of industry codes
(1) This clause applies if:
(a) an industry code that:
(i) applies to
participants in a particular section of the Internet industry; and
(ii) deals with 2 or more
matters relating to the Internet activities of those participants;
has been registered under this
Part for at least 180 days; and
(b) clause 70 does not apply to
the code; and
(c) the ACMA is satisfied that the
code is deficient (as defined by subclause (7)) to the extent to which the
code deals with one or more of those matters (the deficient matter or
deficient matters); and
(d) the ACMA has given the body or
association that developed the code a written notice requesting that
deficiencies in the code be addressed within a specified period; and
(e) that period ends and the ACMA is
satisfied that it is necessary or convenient for the ACMA to determine a
standard that applies to participants in that section of the industry and deals
with the deficient matter or deficient matters.
(2) The period specified in a notice under paragraph (1)(c)
must run for at least 30 days.
(3) The ACMA may, by written instrument,
determine a standard that applies to participants in that section of the
industry and deals with the deficient matter or deficient matters. A standard
under this subclause is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or
association represents that section of the industry, the ACMA must consult the
body or association before determining an industry standard under subclause (3).
(5) A standard under subclause (3) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(6) On and after the day on which the
industry standard comes into force, the industry code has no effect to the
extent to which it deals with the deficient matter or deficient matters.
However, this subclause does not affect:
(a) the continuing registration of the
remainder of the industry code; or
(b) any investigation, proceeding or
remedy in respect of a contravention of the industry code or clause 66
that occurred before that day.
(7) For the purposes of this clause, an
industry code that applies to participants in a particular section of the
Internet industry and deals with 2 or more matters relating to the Internet
activities of those participants is deficient to the extent to
which it deals with a particular one of those matters if, and only if:
(a) the code is not operating to
provide appropriate community safeguards in relation to that matter; or
(b) the code is not otherwise
operating to regulate adequately participants in that section of the industry
in relation to that matter.
(8) The Minister may give the ACMA a written
direction as to the exercise of its powers under this clause.
72
Compliance with industry standards
If:
(a) an industry standard that applies
to participants in a particular section of the Internet industry is registered
under this Part; and
(b) a
person is a participant in that section of the Internet industry;
the person must comply with
the industry standard.
Note: For enforcement, see Part 6 of this
Schedule.
73
Formal warnings—breach of industry standards
(1) This clause applies to a person who is a
participant in a particular section of the Internet industry.
(2) The ACMA may issue a formal warning if
the person contravenes an industry standard registered under this Part.
74
Variation of industry standards
(1) The ACMA may, by written instrument, vary
an industry standard that applies to participants in a particular section of
the Internet industry if it is satisfied that it is necessary or convenient to
do so to:
(a) provide appropriate community
safeguards in relation to one or more matters relating to the Internet
activities of those participants; and
(b) otherwise regulate adequately
those participants in relation to one or more matters relating to the Internet
activities of those participants.
(2) An instrument under subclause (1) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
75
Revocation of industry standards
(1) The ACMA may, by written instrument,
revoke an industry standard.
(2) If:
(a) an industry code is registered
under this Part; and
(b) the code is expressed to replace
an industry standard;
the industry standard is revoked when the code is
registered.
(3) An instrument under subclause (1) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
76
Public consultation on industry standards
(1) Before
determining or varying an industry standard, the ACMA must:
(a) cause to be published in a
newspaper circulating in each State a notice:
(i) stating that the ACMA
has prepared a draft of the industry standard or variation; and
(ii) stating that free
copies of the draft will be made available to members of the public during
normal office hours throughout the period specified in the notice; and
(iii) specifying the place
or places where the copies will be available; and
(iv) inviting interested
persons to give written comments about the draft to the ACMA within the period
specified under subparagraph (ii); and
(b) make copies of the draft available
in accordance with the notice.
(2) The period specified under subparagraph (1)(a)(ii)
must run for at least 30 days after the publication of the notice.
(3) Subclause (1) does not apply to a
variation if the variation is of a minor nature.
(4) If interested persons have given comments
in accordance with a notice under subclause (1), the ACMA must have due
regard to those comments in determining or varying the industry standard, as
the case may be.
(5) In this
clause:
State includes the Northern Territory and the
Australian Capital Territory.
77
Consultation with designated body
(1) Before
determining or varying an industry standard, the ACMA must consult the
designated body.
(2) Before
revoking an industry standard under subclause 75(1), the ACMA must consult the
designated body.
Note: Designated body is defined by
clause 58.
Division 6—Register of industry codes and industry standards
78 ACMA
to maintain Register of industry codes and industry standards
(1) The ACMA is to maintain a Register in
which the ACMA includes:
(a) all industry codes required to be
registered under this Part; and
(b) all industry standards; and
(c) all requests made under clause 63;
and
(d) all notices under clause 64;
and
(e) all directions under clause 66.
(2) The Register may be maintained by
electronic means.
(3) The Register is to be made available for
inspection on the Internet.
Part 6—Online provider rules
79
Online provider rules
For the purposes of this Schedule, each
of the following is an online provider rule:
(e) the rule set out in subclause
48(1);
(f) the rule set out in subclause
48(2);
(g) the rule set out in subclause
66(2);
(h) the rule set out in clause 72;
(i) each of the rules (if any) set
out in an online provider determination in force under clause 80.
80
Online provider determinations
(1) The ACMA may make a written determination
setting out rules that apply to Internet service providers in relation to the
supply of Internet carriage services.
(3) A determination under subclause (1)
is called an online provider determination.
(4) An online provider determination has
effect only to the extent that:
(a) it is authorised by paragraph
51(v) of the Constitution (either alone or when read together with paragraph
51(xxxix) of the Constitution); or
(b) both:
(i) it is authorised by
section 122 of the Constitution; and
(ii) it would have been
authorised by paragraph 51(v) of the Constitution (either alone or when read
together with paragraph 51(xxxix) of the Constitution) if section 51 of
the Constitution extended to the Territories.
(5) The ACMA must not make an online provider
determination unless the determination relates to a matter specified in the
regulations.
(6) The ACMA must not make an online provider
determination if the determination relates to a matter specified in regulations
in force for the purposes of subsection 99(3) of the Telecommunications Act
1997.
(7) An online provider determination may make
provision for or in relation to a particular matter by empowering the ACMA to
make decisions of an administrative character.
(8) An online provider determination is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
81 Exemptions
from online provider determinations
(1) The Minister may, by written instrument,
determine that a specified Internet service provider is exempt from online
provider determinations.
(2) The Minister may, by written instrument,
determine that a specified Internet service provider is exempt from a specified
online provider determination.
(3) A determination under this clause may be
unconditional or subject to such conditions (if any) as are specified in the
determination.
(4) A determination under this clause has
effect accordingly.
(5) A determination under this clause is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
82
Compliance with online provider rules
(1) A person is guilty of an offence if:
(a) an online provider rule is
applicable to the person; and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes
the rule.
Penalty: 50 penalty units.
Note: Subsection 4B(3) of the Crimes Act 1914
lets a court fine a body corporate up to 5 times the maximum amount the court
could fine a person under this clause.
(2) In this
clause:
engage in conduct
means:
(a) do
an act; or
(b) omit
to perform an act.
83
Remedial directions—breach of online provider rules
(1) This clause applies if an Internet
service provider has contravened, or is contravening, an online provider rule.
(2) The ACMA may give the provider a written
direction requiring the provider to take specified action directed towards
ensuring that the provider does not contravene the rule, or is unlikely to
contravene the rule, in the future.
(3) The following are examples of the kinds
of direction that may be given to an Internet service provider under subclause (2):
(a) a direction that the provider
implement effective administrative systems for monitoring compliance with an
online provider rule;
(b) a direction that the provider
implement a system designed to give the provider’s employees, agents and
contractors a reasonable knowledge and understanding of the requirements of an
online provider rule, in so far as those requirements affect the employees,
agents or contractors concerned.
(4) A person
is guilty of an offence if:
(a) the person is subject to a
direction under subclause (2); and
(b) the person engages in conduct; and
(c) the
person’s conduct contravenes the direction.
Penalty: 50 penalty units.
Note: Subsection 4B(3) of the Crimes Act 1914
lets a court fine a body corporate up to 5 times the maximum amount the court
could fine a person under this subclause.
(5) In this clause:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
84
Formal warnings—breach of online provider rules
The ACMA may issue a formal warning if a
person contravenes an online provider rule.
85
Federal Court may order a person to cease supplying Internet carriage services
(1) If the ACMA is satisfied that a person
who is an Internet service provider is supplying an Internet carriage service
otherwise than in accordance with an online provider rule, the ACMA may apply
to the Federal Court for an order that the person cease supplying that Internet
carriage service.
(2) If the Federal Court is satisfied, on
such an application, that the person is supplying an Internet carriage service
otherwise than in accordance with the online provider rule, the Federal Court
may order the person to cease supplying that Internet carriage service.
Part 7—Offences
86
Continuing offences
A person who contravenes clause 82
or subclause 83(4) is guilty of a separate offence in respect of each day
(including the day of a conviction for the offence or any later day) during
which the contravention continues.
87
Conduct by directors, employees and agents
Body corporate
(1) If, in proceedings for an ancillary
offence relating to this Schedule, it is necessary to establish the state of
mind of a body corporate in relation to particular conduct, it is sufficient to
show:
(a) that the conduct was engaged in by
a director, employee or agent of the body corporate within the scope of his or
her actual or apparent authority; and
(b) that the director, employee or
agent had the state of mind.
(2) Any conduct engaged in on behalf of a
body corporate by a director, employee or agent of the body corporate within
the scope of his or her actual or apparent authority is taken, for the purposes
of a prosecution for:
(a) an offence against this Schedule;
or
(b) an ancillary offence relating this
Schedule;
to have been engaged in also by the body corporate unless
the body corporate establishes that the body corporate took reasonable
precautions and exercised due diligence to avoid the conduct.
Person other than a body corporate
(3) If, in
proceedings for an ancillary offence relating to this Schedule, it is necessary
to establish the state of mind of a person other than a body corporate in
relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by
an employee or agent of the person within the scope of his or her actual or
apparent authority; and
(b) that the employee or agent had the
state of mind.
(4) Any conduct engaged in on behalf of a
person other than a body corporate by an employee or agent of the person within
the scope of his or her actual or apparent authority is taken, for the purposes
of a prosecution for:
(a) an offence against this Schedule;
or
(b) an ancillary offence relating this
Schedule;
to have been engaged in also by the first‑mentioned
person unless the first‑mentioned person establishes that the first‑mentioned
person took reasonable precautions and exercised due diligence to avoid the
conduct.
(5) If:
(a) a person other than a body
corporate is convicted of an offence; and
(b) the person would not have been
convicted of the offence if subclauses (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment
for that offence.
State of mind
(6) A reference in subclause (1) or (3)
to the state of mind of a person includes a reference to:
(a) the knowledge, intention, opinion,
belief or purpose of the person; and
(b) the person’s reasons for the
intention, opinion, belief or purpose.
Director
(7) A reference in this clause to a director
of a body corporate includes a reference to a constituent member of a body
corporate incorporated for a public purpose by a law of the Commonwealth, a
State or a Territory.
Engaging in conduct
(8) A reference in this clause to engaging
in conduct includes a reference to failing or refusing to engage in
conduct.
Ancillary offence relating to this Schedule
(9) A reference in this clause to an ancillary
offence relating to this Schedule is a reference to an offence
created by section 6 of the Crimes Act 1914 or Part 2.4 of the
Criminal Code that relates to this Schedule.
Part 8—Protection from civil and criminal proceedings
88
Protection from civil proceedings—Internet service providers
(1) Civil proceedings do not lie against an
Internet service provider in respect of anything done by the provider in
compliance with:
(a) a code registered under Part 5
of this Schedule; or
(b) a standard determined under Part 5
of this Schedule;
in so far as the code or standard deals with procedures
referred to in paragraph 60(2)(d) of this Schedule.
(2) Civil proceedings do not lie against an
Internet service provider in respect of anything done by the provider in
compliance with clause 48.
Part 9—Operation of State and Territory laws etc.
90
Concurrent operation of State and Territory laws
It is the intention of the Parliament
that this Schedule is not to apply to the exclusion of a law of a State or
Territory to the extent to which that law is capable of operating concurrently
with this Schedule.
91
Liability of Internet content hosts and Internet service providers under State
and Territory laws etc.
(1) A law of a State or Territory, or a rule
of common law or equity, has no effect to the extent to which it:
(a) subjects, or would have the effect
(whether direct or indirect) of subjecting, an Internet content host to
liability (whether criminal or civil) in respect of hosting particular Internet
content in a case where the host was not aware of the nature of the Internet
content; or
(b) requires, or would have the effect
(whether direct or indirect) of requiring, an Internet content host to monitor,
make inquiries about, or keep records of, Internet content hosted by the host;
or
(c) subjects, or would have the effect
(whether direct or indirect) of subjecting, an Internet service provider to
liability (whether criminal or civil) in respect of carrying particular Internet
content in a case where the service provider was not aware of the nature of the
Internet content; or
(d) requires, or would have the effect
(whether direct or indirect) of requiring, an Internet service provider to
monitor, make inquiries about, or keep records of, Internet content carried by
the provider.
(2) The Minister may, by written instrument,
exempt a specified law of a State or Territory, or a specified rule of common
law or equity, from the operation of subclause (1).
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(3) An exemption under subclause (2) may
be unconditional or subject to such conditions (if any) as are specified in the
exemption.
Declaration by Minister
(4) The Minister may, by written instrument,
declare that a specified law of a State or Territory, or a specified rule of
common law or equity, has no effect to the extent to which the law or rule has
a specified effect in relation to an Internet content host.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(5) The Minister may, by written instrument,
declare that a specified law of a State or Territory, or a specified rule of
common law or equity, has no effect to the extent to which the law or rule has
a specified effect in relation to an Internet service provider.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(6) A declaration under subclause (4) or
(5) has effect only to the extent that:
(a) it is authorised by paragraph
51(v) of the Constitution (either alone or when read together with paragraph
51(xxxix) of the Constitution); or
(b) both:
(i) it is authorised by
section 122 of the Constitution; and
(ii) it would have been
authorised by paragraph 51(v) of the Constitution (either alone or when read
together with paragraph 51(xxxix) of the Constitution) if section 51 of
the Constitution extended to the Territories.
(7) An instrument under subclause (2),
(4) or (5) is a disallowable instrument for the purposes of section 46A of
the Acts Interpretation Act 1901.
Part 10—Review of decisions
92
Review by the AAT
(1) An application may be made to the AAT for
a review of any of the following decisions made by the ACMA:
(e) a decision to give an Internet
service provider a standard access‑prevention notice;
(f) a decision to give an Internet
service provider a special access‑prevention notice;
(g) a decision under clause 66 or
83 to:
(i) give a direction to an
Internet service provider; or
(ii) vary a direction that
is applicable to an Internet service provider; or
(iii) refuse to revoke a
direction that is applicable to an Internet service provider;
(h) a decision of a kind referred to
in subclause 80(7) (which deals with decisions under online provider
determinations), where the decision relates to an Internet service provider.
(2) An application under subclause (1)
may only be made by the Internet service provider concerned.
(3) An application may be made to the AAT for
a review of a decision of the ACMA under clause 62 to refuse to register a
code.
(4) An application under subclause (3)
may only be made by the body or association that developed the code.
93
Notification of decisions to include notification of reasons and appeal rights
If the ACMA makes a decision that is
reviewable under clause 92, the ACMA is to include in the document by
which the decision is notified:
(a) a statement setting out the
reasons for the decision; and
(b) a statement to the effect that an
application may be made to the AAT for a review of the decision.
Part 11—Miscellaneous
94
Additional ACMA functions
The ACMA has the following functions:
(a) to monitor compliance with codes
and standards registered under Part 5 of this Schedule;
(b) to advise and assist parents and
responsible adults in relation to the supervision and control of children’s
access to Internet content;
(c) to conduct and/or co‑ordinate
community education programs about Internet content and Internet carriage
services, in consultation with relevant industry and consumer groups and
government agencies;
(d) to conduct and/or commission
research into issues relating to Internet content and Internet carriage
services;
(e) to liaise with regulatory and
other relevant bodies overseas about co‑operative arrangements for the
regulation of the Internet industry, including (but not limited to)
collaborative arrangements to develop:
(i) multilateral codes of
practice; and
(ii) Internet content
labelling technologies;
(f) to inform itself and advise the
Minister on technological developments and service trends in the Internet
industry.
95
Review before 1 January 2003
(1) Before 1 January 2003, the Minister must cause to be conducted a review of the operation of this Schedule.
(2) The following matters are to be taken
into account in conducting a review under subclause (1):
(a) the general development of
Internet content filtering technologies;
(b) whether
Internet content filtering technologies have developed to a point where it is
practicable to use those technologies to prevent end‑users from accessing
R‑rated information hosted outside Australia that is not subject to a
restricted access system;
(c) any other relevant matters.
(3) The Minister must cause to be prepared a
report of a review under subclause (1).
(4) The Minister must cause copies of the
report to be laid before each House of the Parliament within 15 sitting days of
that House after the completion of the preparation of the report.
(5) The Parliament acknowledges the
Government’s policy intention that, in the event that Internet content
filtering technologies develop to a point where it is practicable to use those
technologies to prevent end‑users from accessing R‑rated
information hosted outside Australia that is not subject to a restricted access
system, legislation will be introduced into the Parliament to:
(a) extend subclause 10(1) to Internet
content hosted outside Australia; and
(b) repeal subclause 10(2).
96
Schedule not to affect performance of State or Territory functions
A power conferred by this Schedule must
not be exercised in such a way as to prevent the exercise of the powers, or the
performance of the functions, of government of a State, the Northern Territory,
the Australian Capital Territory or Norfolk Island.
Schedule 6—Datacasting services
Note: See section 216C.
Part 1—Introduction
1
Simplified outline
The following is a simplified outline of
this Schedule:
• This Schedule sets up a
system for regulating the provision of datacasting services.
• Datacasting service
providers must hold datacasting licences.
• Datacasting content will be
subject to restrictions. Those restrictions are designed to encourage
datacasting licensees to provide a range of innovative services that are different
to traditional broadcasting services.
• The main restrictions on
datacasting content are as follows:
(a) restrictions
on the provision of certain genres of television programs;
(b) restrictions
on the provision of audio content.
• Datacasting licensees (other
than restricted datacasting licensees) will be allowed to provide the following
types of content:
(a) information‑only
programs (including matter that enables people to carry out transactions);
(b) educational
programs;
(c) interactive
computer games;
(d) content in
the form of text or still visual images;
(e) Parliamentary
broadcasts;
(f) ordinary
electronic mail;
(g) Internet
content.
• Restricted datacasting
licensees will not be allowed to provide content in a form that is specified in
a legislative instrument made by the Minister.
• A group that represents
datacasting licensees may develop codes of practice.
• The ACMA has a reserve
power to make a standard if there are no codes of practice or if a code of
practice is deficient.
• The ACMA is to investigate
complaints about datacasting licensees.
2
Definitions
(1) In this Schedule, unless the contrary
intention appears:
advertising or sponsorship material means
advertising or sponsorship material (whether or not of a commercial kind).
Classification Board means the Classification
Board established by the Classification (Publications, Films and Computer
Games) Act 1995.
compilation program means a program that
consists of video clips or other matter edited together to form a structured program,
where there is a heavy emphasis on entertainment value.
declared Internet carriage service has the
meaning given by clause 23B.
drama program has the same meaning as in
section 103B.
educational program has the meaning given by
clause 3.
engage in conduct
(except in clause 55 or 56) means:
(a) do
an act; or
(b) omit to perform an act.
financial, market or business information bulletin
means a bulletin the sole or dominant purpose of which is to provide
information, analysis, commentary or discussion in relation to financial,
market or business matters.
foreign‑language news or current affairs
program has the meaning given by clause 5.
information‑only program has the
meaning given by clause 4.
infotainment or lifestyle program means a
program the sole or dominant purpose of which is to present factual information
in an entertaining way, where there is a heavy emphasis on entertainment value.
interactive computer game means a computer
game, where:
(a) the way the game proceeds, and the
result achieved at various stages of the game, is determined in response to the
decisions, inputs and direct involvement of the player; and
(b) a part of the software that
enables end‑users to play the game is under the control of the
datacasting licensee concerned.
Internet carriage service has the same
meaning as in Schedule 5, but does not include a service that transmits
content that has been copied from the Internet, where the content is selected
by the datacasting licensee concerned.
music program means a program the sole or
dominant purpose of which is to provide:
(a) music with video clips; or
(b) video footage of musical
performances;
or both.
news or current affairs program means any of
the following:
(a) a news bulletin;
(b) a sports news bulletin;
(c) a program (whether presenter‑based
or not) whose sole or dominant purpose is to provide analysis, commentary or
discussion principally designed to inform the general community about social,
economic or political issues of current relevance to the general community.
nominated datacaster declaration means a
declaration under clause 45.
ordinary electronic mail does not include a
posting to a newsgroup.
qualified entity means:
(a) a company that:
(i) is formed in Australia
or in an external Territory; and
(ii) has a share capital;
or
(b) the Commonwealth, a State or a
Territory; or
(c) the Australian Broadcasting
Corporation; or
(d) the Special Broadcasting Service
Corporation; or
(e) any other body corporate
established for a public purpose by a law of the Commonwealth or of a State or
Territory.
“reality television” program means a program
the sole or dominant purpose of which is to depict actual, contemporary events,
people or situations in a dramatic or entertaining way, where there is a heavy
emphasis on dramatic impact or entertainment value.
related body corporate has the same meaning
as in the Corporations Act 2001.
sports program means a program the sole or
dominant purpose of which is to provide:
(a) coverage of one or more sporting
events; or
(b) analysis, commentary or discussion
in relation to one or more sporting events;
or both, but does not include a sports news bulletin.
transmitter licence has the same meaning as
in the Radiocommunications Act 1992.
(2) In determining the meaning of an expression
used in a provision of this Act (other than this Schedule), this clause is to
be disregarded.
3
Educational programs
(1) For the purposes of this Schedule, an educational
program is matter, where, having regard to:
(a) the substance of the matter; and
(b) the way in which the matter is
advertised or promoted; and
(c) any other relevant matters;
it would be concluded that the sole or dominant purpose of
the matter is to assist a person in education or learning, whether or not in
connection with a course of study or instruction.
(2) Subclause (1) has effect subject to subclauses (3)
and (4).
ACMA determinations
(3) The ACMA may make a written determination
providing that, for the purposes of this Schedule, specified matter is taken to
be an educational program.
(4) The ACMA may make a written determination
providing that, for the purposes of this Schedule, specified matter is taken
not to be an educational program.
(5) A determination under subclause (3)
or (4) has effect accordingly.
(6) A determination under subclause (3)
or (4) is to be an instrument of a legislative character.
(7) A determination under subclause (3)
or (4) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
4
Information‑only programs
(1) For the purposes of this Schedule, an information‑only
program is matter the sole or dominant purpose of which is to:
(a) provide factual information, or
directly‑related comment, about any of a wide range of matters, including
but not limited to any of the following:
(i) products;
(ii) services;
(iii) community activities;
(iv) domestic or household
matters;
(v) private recreational
pursuits or hobbies;
(vi) legal rights,
obligations or responsibilities;
(vii) first aid, health or
safety matters;
(viii) emergencies or natural
disasters;
(ix) rural matters;
(x) travel matters;
(xi) crime prevention
matters; or
(b) enable and/or facilitate the
carrying out and/or completion of transactions;
or both, where there is not a significant emphasis on
dramatic impact or entertainment.
(2) Subclause (1) has effect subject to subclauses (3)
and (4).
ACMA determinations
(3) The ACMA may make a written determination
providing that, for the purposes of this Schedule, specified matter is taken to
be an information‑only program.
(4) The ACMA may make a written determination
providing that, for the purposes of this Schedule, specified matter is taken
not to be an information‑only program.
(5) A determination under subclause (3)
or (4) has effect accordingly.
(6) A determination under subclause (3)
or (4) is to be an instrument of a legislative character.
(7) A determination under subclause (3)
or (4) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
Definitions
(8) In this
clause:
community activity means:
(a) a meeting, event, performance or
other activity that can be attended by:
(i) the public; or
(ii) a section of the
public; or
(iii) members of a
particular club, society or organisation; or
(b) the activity of visiting an
institution, a tourist attraction or other place;
whether on payment of a charge or otherwise.
product includes real property.
services means any services, benefits,
rights, privileges or facilities that are capable of being provided, granted or
conferred:
(a) in trade or commerce; or
(b) by a government or government
authority; or
(c) in any other way.
transactions includes:
(a) commercial transactions; and
(b) banking transactions; and
(c) insurance transactions; and
(d) dealings about employment matters;
and
(e) dealings with governments and
government authorities.
5
Foreign‑language news or current affairs programs
(1) For the purposes of this Schedule, a foreign‑language
news or current affairs program means a news or current affairs program
that is wholly in a language other than English.
(2) For the purposes of subclause (1),
disregard minor and infrequent uses of the English language.
(3) For the purposes of subclause (1),
disregard any English language subtitles or captioning.
6
Datacasting content is taken not to be a television program or a radio program
etc.
For the purposes of this Act (other than
Divisions 1 and 2 of Part 3 of this Schedule) and any other law of
the Commonwealth (other than the Tobacco Advertising Prohibition Act 1992),
if a datacasting service is provided under, and in accordance with the
conditions of, a datacasting licence:
(a) any matter provided on that
service is taken not to be a television program or a radio program; and
(b) any matter provided on that
service is taken not to be broadcast or televised; and
(c) that service is taken not to be a
broadcasting service, a television service or a radio service.
Part 2—Datacasting licences
7
Allocation of datacasting licence
(1) The ACMA may allocate a datacasting
licence to a person, on written application by the person.
(2) Applications must:
(a) be in accordance with a form
approved in writing by the ACMA; and
(b) be accompanied by the application
fee determined in writing by the ACMA.
(3) An application under subsection (1)
may be expressed to be an application for a restricted datacasting licence.
8 When
datacasting licence must not be allocated
(1) A datacasting licence is not to be
allocated to an applicant if:
(a) the applicant is not a qualified
entity; or
(b) the ACMA decides that subclause
9(1) applies to the applicant.
(2) The ACMA may refuse to allocate a
datacasting licence to an applicant if a datacasting licence held by the
applicant, or by a related body corporate of the applicant, was cancelled at
any time during the previous 12 months.
(3) Paragraph (1)(b) does not require
the ACMA to consider the application of clause 9 in relation to an
applicant before allocating a licence to the applicant.
9
Unsuitable applicant
(1) The ACMA may, if it is satisfied that
allowing a particular person to provide a datacasting service under a
datacasting licence would lead to a significant risk of:
(a) an offence against this Act or the
regulations being committed; or
(aa) a breach of a civil penalty
provision occurring; or
(b) a breach of the conditions of the
licence occurring;
decide that this subclause applies to the person.
(2) In deciding whether such a risk exists,
the ACMA is to take into account:
(a) the business record of the person;
and
(b) the person’s record in situations
requiring trust and candour; and
(c) the business record of each person
who would be, if a datacasting licence were allocated to the first‑mentioned
person, in a position to control the licence; and
(d) the record in situations requiring
trust and candour of each such person; and
(e) whether the first‑mentioned
person, or a person referred to in paragraph (c) or (d), has been
convicted of an offence against this Act or the regulations; and
(f) whether a civil penalty order has
been made against:
(i) the first‑mentioned
person; or
(ii) a person referred to
in paragraph (c) or (d).
(3) This clause does not affect the operation
of Part VIIC of the Crimes Act 1914 (which includes provisions
that, in certain circumstances, relieve persons from the requirement to
disclose spent convictions and require persons aware of such convictions to
disregard them).
10
Transfer of datacasting licences
(1) A datacasting licensee may transfer the
licence to another qualified entity.
(2) A transferee of a datacasting licence
must, within 7 days after the transfer, notify the ACMA of the transfer.
Penalty: 50 penalty units.
(2A) Subclause (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) A notification must be in accordance with
a form approved in writing by the ACMA.
11
Surrender of datacasting licences
A datacasting licensee may, by written
notice given to the ACMA, surrender the licence.
12 ACMA
to maintain Register of datacasting licences that are not restricted
datacasting licences
(1) The ACMA is to maintain a Register in
which the ACMA includes:
(a) particulars of datacasting
licences (other than restricted datacasting licences); and
(b) such information about transmitter
licences as the ACMA determines.
(2) The Register may be maintained by
electronic means.
(3) The Register is to be made available for
inspection on the Internet.
12A
ACMA to maintain Register of restricted datacasting licences
(1) The ACMA is to maintain a Register in which
the ACMA includes particulars of restricted datacasting licences.
(2) The Register may be maintained by
electronic means.
(3) The Register is to be made available for
inspection on the Internet.
Part 3—Conditions of datacasting licences
Division 1—Genre conditions
13
Category A television programs
(1) For the purposes of this Division, each
of the following television programs is a category A television program:
(a) a drama program;
(c) a sports program;
(d) a music program;
(e) an infotainment or lifestyle
program;
(f) a documentary program;
(g) a “reality television” program;
(h) a children’s entertainment
program;
(i) a light entertainment or variety
program;
(j) a compilation program;
(k) a quiz or games program;
(l) a comedy program;
(m) a program that consists of a
combination of any or all of the above programs.
(2) Subclause (1) has effect subject to subclauses (3),
(4) and (5).
(3) For the purposes of this Division,
neither of the following television programs is a category A television
program:
(a) an information‑only program;
(b) an educational program.
ACMA genre determinations
(4) The ACMA may make a written determination
providing that, for the purposes of this Division, a specified television
program or specified matter is taken to be a category A television
program covered by a specified paragraph of subclause (1).
(5) The ACMA
may make a written determination providing that, for the purposes of this
Division, a specified television program or specified matter is taken not to be
a category A television program covered by a specified paragraph
of subclause (1).
(6) A determination under subclause (4)
or (5) has effect accordingly.
(7) A determination under subclause (4)
or (5) is to be an instrument of a legislative character.
(8) A determination under subclause (4)
or (5) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
14
Condition relating to category A television programs
(1) Each datacasting licence is subject to
the condition that the licensee will not transmit matter that, if it were
broadcast on a commercial television broadcasting service, would be:
(a) a category A television program;
or
(b) an extract from a category A
television program.
(2) The condition set out in subclause (1)
does not prevent the licensee from transmitting an extract from a category A
television program, so long as:
(a) the extract is not longer than 10
minutes; and
(c) the extract is not combined with
one or more other extracts from category A television programs in such a way
that the extracts together constitute the whole or a majority of a particular
category A television program; and
(d) having regard to:
(i) the nature of the
extract; and
(ii) the circumstances in
which the extract is provided;
it would be concluded that the
licensee did not intend that the extract be combined with one or more other
extracts from category A television programs in such a way that the extracts
together constitute the whole or a majority of a particular category A
television program.
(3) A reference in subclause (2) to a category
A television program is a reference to matter that is covered by subclause (1)
because of paragraph (1)(a).
(4) A reference in subclause (2) to an extract
from a category A television program is a reference to matter that is
covered by subclause (1) because of paragraph (1)(b).
(5) If, because of subclause (2) of this
clause, a datacasting licensee can transmit matter without breaching the
condition set out in subclause (1) of this clause, the condition set out
in subclause 16(1) does not prevent the licensee from transmitting that matter.
15
Category B television programs
(1) For the purposes of this Division, each
of the following television programs is a category B television program:
(a) a news or current affairs program;
(b) a financial, market or business
information bulletin;
(c) a weather bulletin;
(d) a bulletin or program that
consists of a combination of any or all of the above bulletins or programs.
(2) Subclause (1) has effect subject to subclauses (3),
(4) and (5).
(3) For the purposes of this Division, none
of the following television programs is a category B television program:
(a) an information‑only program;
(b) an educational program;
(c) a foreign‑language news or
current affairs program.
ACMA genre determinations
(4) The ACMA may make a written determination
providing that, for the purposes of this Division, a specified television
program or specified matter is taken to be a category B television
program covered by a specified paragraph of subclause (1).
(5) The ACMA may make a written determination
providing that, for the purposes of this Division, a specified television
program or specified matter is taken not to be a category B television
program covered by a specified paragraph of subclause (1).
(6) A determination under subclause (4)
or (5) has effect accordingly.
(7) A determination under subclause (4)
or (5) is to be an instrument of a legislative character.
(8) A determination under subclause (4)
or (5) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
16
Condition relating to category B television programs
(1) Each datacasting licence is subject to
the condition that the licensee will not transmit matter that, if it were
broadcast on a commercial television broadcasting service, would be:
(a) a category B television program;
or
(b) an extract from a category B
television program.
(2) The condition set out in subclause (1)
does not prevent the licensee from transmitting a bulletin, or program, (whether
presenter‑based or not), so long as:
(a) the bulletin or program is not
longer than 10 minutes; and
(b) if:
(i) an earlier bulletin or
program covered by subclause (1) was transmitted by the licensee; and
(ii) the content of the
first‑mentioned bulletin or program differs in any respect from the
content of the earlier bulletin or program;
the interval between the start
of the transmission of the earlier bulletin or program and the start of the
transmission of the first‑mentioned bulletin or program is at least 30 minutes;
and
(c) the bulletin or program is not
combined with one or more other bulletins or programs in such a way that the
bulletins or programs together constitute a bulletin or program longer than 10
minutes; and
(d) having regard to:
(i) the nature of the
bulletin or program; and
(ii) the circumstances in
which the bulletin or program is provided;
it would be concluded that the
licensee did not intend that the bulletin or program be combined with one or
more other bulletins or programs in such a way that the bulletins or programs
together constitute a bulletin or program longer than 10 minutes.
(3) The condition set out in subclause (1)
does not prevent the licensee from transmitting a bulletin or program, so long
as:
(a) the bulletin or program is not a
presenter‑based bulletin or program; and
(b) one of the following applies:
(i) the bulletin or
program consists of a single item of news (including a single item of sports
news);
(ii) the bulletin or
program is a financial, market or business information bulletin or program that
deals with a single topic;
(iia) the bulletin or program
is a compilation of items, the subject of which is the same or directly
related, and is not longer than 10 minutes;
(iii) the bulletin or program
is a weather bulletin or program; and
(c) the bulletin or program can only
be accessed by an end‑user who makes a selection from an on‑screen
menu.
(4) In this clause:
presenter‑based bulletin or
program means a bulletin or program that consists of, or includes, a
combination of:
(a) introductory or closing segments,
or both, spoken by a host, or an anchor presenter, who is visible on the
screen; and
(b) video images (whether or not with
accompanying sound).
(5) If, because of subclause (2) or (3)
of this clause, a datacasting licensee can transmit matter without breaching
the condition set out in subclause (1) of this clause, the condition set
out in subclause 14(1) does not prevent the licensee from transmitting that
matter.
17
Genre conditions do not apply to Parliamentary proceedings etc.
The conditions set out in clauses 14
and 16 do not prevent a datacasting licensee from transmitting live matter that
consists of:
(a) the proceedings of, or the
proceedings of a committee of, a Parliament; or
(b) the proceedings of a court or
tribunal in Australia; or
(c) the proceedings of an official
inquiry or Royal Commission in Australia; or
(d) a hearing conducted by a body
established for a public purpose by a law of the Commonwealth or of a State or
Territory.
18
Genre conditions do not apply to matter that consists of no more than text or
still visual images etc.
(1) The conditions set out in clauses 14
and 16 do not prevent a datacasting licensee from transmitting matter that
consists of no more than:
(a) text; or
(b) text accompanied by associated
sounds; or
(c) still visual images; or
(d) still visual images accompanied by
associated sounds; or
(e) any combination of matter covered
by the above paragraphs; or
(f) any combination of:
(i) matter that is covered
by any of the above paragraphs (the basic matter); and
(ii) animated images (with
or without associated sounds);
where:
(iii) having regard to the
substance of the animated images, it would be concluded that the animated
images are ancillary or incidental to the basic matter; or
(iv) the animated images
consist of advertising or sponsorship material.
(2) In determining the meaning of the
expressions television or television program, when
used in a provision of this Act, subclause (1) is to be disregarded.
18A
Genre conditions do not apply to advertising or sponsorship material
The conditions set out in clauses 14
and 16 do not prevent a datacasting licensee from transmitting advertising or
sponsorship material.
19
Genre conditions do not apply to interactive computer games
(1) The conditions set out in clauses 14
and 16 do not prevent a datacasting licensee from providing an interactive
computer game.
(2) In determining the meaning of the
expressions television or television program, when
used in a provision of this Act, subclause (1) is to be disregarded.
20
Genre conditions do not apply to Internet carriage services or ordinary
electronic mail
(1) The conditions set out in clauses 14
and 16 do not apply to:
(a) the transmission of so much of a
datacasting service as consists of an Internet carriage service (other than a
declared Internet carriage service); or
(b) the transmission of ordinary
electronic mail.
(2) In determining the meaning of the
expressions television or television program, when
used in a provision of this Act, subclause (1) is to be disregarded.
20AA
Genre conditions do not apply to certain content copied from the Internet
(1) The conditions set out in clauses 14
and 16 do not apply to the transmission of matter if:
(a) the matter is content that has
been copied from the Internet; and
(b) the content is selected by the
datacasting licensee concerned; and
(c) there is in force an exemption
order under subclause 27A(1) in relation to the transmission of the matter.
(2) In determining the meaning of the
expressions television or television program, when
used in a provision of this Act, subclause (1) is to be disregarded.
Division 2—Audio content condition
21
Audio content condition
(1) Each datacasting licence is subject to
the condition that the licensee will not transmit matter that, if it were
broadcast on a commercial radio broadcasting service, would be a designated
radio program.
Designated radio program
(2) For the purposes of this clause, a designated
radio program is a radio program other than:
(a) an information‑only program;
or
(b) an educational program; or
(c) a foreign‑language news or
current affairs program.
(3) Subclause (2) has effect subject to subclauses (4)
and (5).
ACMA determinations
(4) The ACMA may make a written determination
providing that, for the purposes of this clause, a specified radio program or
specified matter is taken to be a designated radio program.
(5) The ACMA may make a written determination
providing that, for the purposes of this clause, a specified radio program or
specified matter is taken not to be a designated radio program.
(6) A determination under subclause (4)
or (5) has effect accordingly.
(7) A determination under subclause (4)
or (5) is to be an instrument of a legislative character.
(8) A determination under subclause (4)
or (5) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
Condition does not apply to incidental or background
audio content
(8A) The condition set out in subclause (1)
does not apply to the transmission of audio content that is incidental to, or
provided as background to, matter displayed on the screen.
Condition does not apply to Internet carriage services
(9) The condition set out in subclause (1)
does not apply to the transmission of so much of a datacasting service as
consists of an Internet carriage service (other than a declared Internet
carriage service).
Condition does not apply to certain content copied from
the Internet
(10) The condition set out in subclause (1)
does not apply to the transmission of matter if:
(a) the matter is content that has
been copied from the Internet; and
(b) the content is selected by the
datacasting licensee concerned; and
(c) there is in force an exemption
order under subclause 27A(1) in relation to the transmission of the matter.
22
Audio content condition does not apply to Parliamentary proceedings etc.
The condition set out in clause 21
does not prevent a datacasting licensee from transmitting live audio content
that consists of:
(a) the proceedings of, or the
proceedings of a committee of, a Parliament; or
(b) the proceedings of a court or
tribunal in Australia; or
(c) the proceedings of an official
inquiry or Royal Commission in Australia; or
(d) a hearing conducted by a body
established for a public purpose by a law of the Commonwealth or of a State or
Territory.
23
Audio content condition does not apply to matter that consists of no more than
text or still visual images etc.
(1) The condition set out in clause 21
does not prevent a datacasting licensee from transmitting matter that consists
of no more than:
(a) text; or
(b) text accompanied by associated
sounds; or
(c) still visual images; or
(d) still visual images accompanied by
associated sounds; or
(e) any combination of matter covered
by the above paragraphs; or
(f) any combination of:
(i) matter that is covered
by any of the above paragraphs (the basic matter); and
(ii) animated images (with
or without associated sounds);
where:
(iii) having regard to the
substance of the animated images, it would be concluded that the animated
images are ancillary or incidental to the basic matter; or
(iv) the animated images
consist of advertising or sponsorship material.
(2) In determining the meaning of the
expressions radio or radio program, when used in a
provision of this Act, subclause (1) is to be disregarded.
23A
Audio content condition does not apply to advertising or sponsorship material
The condition set out in clause 21
does not prevent a datacasting licensee from transmitting advertising or
sponsorship material.
Division 2A—Genre conditions: anti‑avoidance
23B
Anti‑avoidance—declared Internet carriage services
(1) If:
(a) the whole or a part of a
datacasting service provided under a datacasting licence consists of an
Internet carriage service; and
(b) one or more persons enter into,
begin to carry out, or carry out, a scheme; and
(c) the ACMA is of the opinion that
the person, or any of the persons, who entered into, began to carry out, or
carried out, the scheme did so for the sole or dominant purpose of avoiding the
application to the licensee of Division 1 or 2;
the ACMA may, by writing, determine that, for the purposes
of the application of this Schedule to the licensee, the Internet carriage
service is a declared Internet carriage service.
(2) The person, or any of the persons,
referred to in paragraphs (1)(b) and (c) may be the licensee.
(3) A determination under subclause (1)
has effect accordingly.
(4) In this clause:
scheme means:
(a) any agreement, arrangement,
understanding, promise or undertaking, whether express or implied and whether
or not enforceable, or intended to be enforceable, by legal proceedings; or
(b) any scheme, plan, proposal,
action, course of action or course of conduct, whether there are 2 or more
parties or only one party involved.
Division 3—Other conditions
24
General conditions
(1) Each datacasting licence is subject to
the following conditions:
(a) the licensee will comply with the
requirements of clauses 3, 3A, 4, 5 and 6 of Schedule 2 (as modified
by subclause (4) of this clause);
(b) the licensee will not, in
contravention of the Tobacco Advertising Prohibition Act 1992, transmit
a tobacco advertisement within the meaning of that Act;
(c) the licensee will comply with
standards applicable to the licence under clause 31;
(ca) if the licence is not a restricted
datacasting licence—the licensee will comply with any standards under section 130A
(which deals with technical standards for digital transmission);
(d) the licensee will not use the
datacasting service in the commission of an offence against another Act or a
law of a State or Territory;
(e) the licensee will not transmit
datacasting content that has been classified as RC or X 18+ by the
Classification Board;
(f) the licensee will not transmit
datacasting content that has been classified R 18+ by the Classification Board
unless:
(i) the content has been
modified as mentioned in paragraph 28(4)(b); or
(ii) access to the program
is subject to a restricted access system (within the meaning of clause 27);
(g) the licensee will comply with
subsection 130V(1) (which deals with industry standards);
(h) if the whole or a part of the
datacasting service consists of an Internet carriage service—the licensee will
comply with an online provider rule (within the meaning of Schedule 5)
that is applicable to the licensee in relation to the Internet carriage service;
(i) if the licence is not a
restricted datacasting licence—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 datacasting service
under the licence.
(2) The conditions set out in paragraphs (1)(a),
(c), (e) and (f) do not apply in relation to:
(a) the transmission of so much of a
datacasting service as consists of an Internet carriage service; or
(b) the transmission of ordinary
electronic mail.
(3) The condition set out in paragraph (1)(b)
does not apply in relation to the transmission of ordinary electronic mail.
(4) Clauses 3, 3A, 4, 5 and 6 of
Schedule 2 apply to datacasting services provided under datacasting
licences in a corresponding way to the way in which those clauses apply to
broadcasting services, and, in particular, those clauses have effect as if:
(a) a reference in those clauses to a
person providing broadcasting services under a class licence included a
reference to a person who is a datacasting licensee; and
(b) a reference in those clauses to a
broadcasting service included a reference to a datacasting service; and
(c) a reference in those clauses to
broadcast included a reference to provide on a datacasting service; and
(d) subclause 4(2) of Schedule 2
were not applicable to political matter provided under a datacasting licence,
where the political matter consists of no more than:
(i) text; or
(ii) still visual images; or
(iii) any combination of
matter covered by the above subparagraphs; and
(e) clause 4 of Schedule 2
also provided that, if a datacasting licensee provides on a datacasting
service, at the request of another person, political matter that consists of no
more than:
(i) text; or
(ii) still visual images;
or
(iii) any combination of
matter covered by the above subparagraphs;
the licensee must also cause to
be displayed to end‑users the required particulars in relation to the
political matter in a form approved in writing by the ACMA.
(5) Subclause (4)
does not apply to:
(a) the transmission of so much of a
datacasting service as consists of an Internet carriage service; or
(b) the transmission of ordinary
electronic mail.
24A
Special conditions for restricted datacasting licences
Each restricted datacasting licence is
subject to the following conditions:
(a) the datacasting content provided
under the licence will be transmitted using a digital modulation technique;
(b) if a form of datacasting content
is specified in a legislative instrument made by the Minister—the licensee will
not provide datacasting content in that form;
(c) the licensee will comply with any
standards under section 130AA (which deals with technical standards for
digital transmission).
25
Suitability condition
(1) Each datacasting licence is subject to
the condition that the licensee will remain a suitable licensee.
(2) For the purposes of this clause, a person
is a suitable licensee if the ACMA has not decided that subclause (3)
applies to the person.
(3) The ACMA may, if it is satisfied that
allowing a particular person to provide, or continue to provide, datacasting
services under a datacasting licence would lead to a significant risk of:
(a) an offence against this Act or the
regulations being committed; or
(b) a breach of the conditions of the
licence occurring;
decide that this subclause applies to the person.
(4) In deciding whether such a risk exists,
the ACMA is to take into account:
(a) the business record of the person;
and
(b) the person’s record in situations
requiring trust and candour; and
(c) the business record of each person
who is in a position to control the licence; and
(d) the record in situations requiring
trust and candour of each such person; and
(e) whether the first‑mentioned
person, or a person referred to in paragraph (c) or (d), has been
convicted of an offence against this Act or the regulations.
(5) This clause does not affect the operation
of Part VIIC of the Crimes Act 1914 (which includes provisions
that, in certain circumstances, relieve persons from the requirement to
disclose spent convictions and require persons aware of such convictions to
disregard them).
26
Additional conditions imposed by the ACMA
(1) The ACMA may, by written notice given to
a datacasting licensee:
(a) impose an additional condition on
the licence; or
(b) vary or revoke a condition of the
licence imposed under this clause.
(2) If the ACMA proposes to vary or revoke a
condition or to impose a new condition, the ACMA must:
(a) give to the licensee written
notice of its intention; and
(b) give to the licensee a reasonable
opportunity to make representations to the ACMA in relation to the proposed
action; and
(c) make the proposed changes
available on the Internet.
(3) Action taken under subclause (1)
must not be inconsistent with conditions set out in:
(a) clause 14; or
(b) clause 16; or
(c) clause 21; or
(d) clause 24; or
(e) clause 25.
(4) Conditions of datacasting licences varied
or imposed by the ACMA must be relevant to the datacasting services to which
those licences relate.
(5) Without
limiting the range of conditions that may be imposed, the ACMA may impose a
condition on a datacasting licensee:
(a) requiring the licensee to comply
with a code of practice that is applicable to the licensee; or
(b) designed to ensure that a breach
of a condition by the licensee does not recur.
ACMA to maintain Register of conditions
(6) The ACMA is to maintain a register in
which it includes particulars of:
(a) conditions imposed under this
clause; and
(b) variations of conditions under
this clause; and
(c) revocations of conditions under
this clause.
(7) The Register may be maintained by
electronic means.
(8) The Register is to be made available for
inspection on the Internet.
27
Restricted access system
(1) The ACMA
may, by written instrument, declare that a specified access‑control
system is a restricted access system for the purposes of this
Division. A declaration under this subclause has effect accordingly.
Note: For specification by class, see subsection
46(2) of the Acts Interpretation Act 1901.
(2) In making an instrument under subclause (1),
the ACMA must have regard to:
(a) the objective of protecting
children from exposure to matter that is unsuitable for children; and
(b) such other matters (if any) as the
ACMA considers relevant.
(3) An instrument under subclause (1) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Division 4—Exemption orders for content copied from the Internet
27A
Exemption orders in relation to content copied from the Internet
(1) If the ACMA is satisfied that:
(a) matter is proposed to be
transmitted by a datacasting licensee; and
(b) the matter is content that is proposed
to be copied from the Internet; and
(c) the content is proposed to be
selected by the datacasting licensee; and
(d) if it were assumed that clause 20AA
and subclause 21(10) had not been enacted:
(i) any breach of the
conditions set out in clauses 14 and 16 and subclause 21(1) that would
arise from the transmission of the matter would be of a minor, infrequent or
incidental nature; or
(ii) the transmission of
the matter would not be contrary to the purpose of clauses 14, 16 and 21;
the ACMA may, by writing, make an exemption order in
relation to the transmission of the matter.
(2) If the ACMA receives a request from a
datacasting licensee to make an exemption order in relation to the transmission
of matter by the licensee, the ACMA must use its best endeavours to make that
decision within 28 days after the request was made.
Part 4—Codes of practice
28
Development of codes of practice
(1) The Parliament intends that:
(a) a group that the ACMA is satisfied
represents datacasting licensees should develop codes of practice that are to
be applicable to the datacasting operations of datacasting licensees; and
(b) those codes of practice should be
developed:
(i) in consultation with
the ACMA; and
(ii) taking account of any
relevant research conducted by the ACMA.
Content of codes of practice
(2) Codes of practice may relate to:
(a) preventing the transmission of
matter that, in accordance with community standards, is not suitable to be
transmitted by datacasting licensees; and
(b) methods of ensuring that the
protection of children from exposure to datacasting content which may be
harmful to them is a high priority; and
(c) methods of classifying datacasting
content that reflect community standards; and
(d) promoting accuracy and fairness in
datacasting content that consists of news or current affairs; and
(e) preventing the transmission of
datacasting content that:
(i) simulates news or
events in a way that misleads or alarms end‑users; or
(ii) depicts the actual
process of putting a person into a hypnotic state; or
(iii) is designed to induce
a hypnotic state in end‑users; or
(iv) uses
or involves the process known as subliminal perception or any
other technique that attempts to convey information to end‑users by
transmitting messages below or near the threshold of normal awareness; and
(f) datacasting content that consists
of:
(i) advertising; or
(ii) sponsorship
announcements; and
(g) methods of:
(i) handling complaints
from the public about datacasting content or compliance with codes of practice;
and
(ii) reporting to the ACMA
on complaints so made; and
(h) in a case where there are
customers of datacasting licensees—dealings with those customers, including
methods of billing, fault repair, privacy and credit management; and
(i) such other matters relating to
datacasting content as are of concern to the community.
Classification etc.
(3) In developing codes of practice relating
to matters referred to in paragraphs (2)(a) and (c), community attitudes
to the following matters are to be taken into account:
(a) the portrayal in datacasting
content of physical and psychological violence;
(b) the portrayal in datacasting
content of sexual conduct and nudity;
(c) the use in datacasting content of
offensive language;
(d) the portrayal in datacasting
content of the use of drugs, including alcohol and tobacco;
(e) the portrayal in datacasting
content of matter that is likely to incite or perpetuate hatred against, or
vilifies, any person or group on the basis of ethnicity, nationality, race,
gender, sexual preference, age, religion or physical or mental disability;
(f) such other matters relating to
datacasting content as are of concern to the community.
(4) In developing codes of practice referred
to in paragraph (2)(a), (b) or (c), the group that the ACMA is satisfied
represents datacasting licensees must ensure that:
(a) for the purpose of classifying
films—those codes apply the film classification system administered by the
Classification Board; and
(b) those codes provide for methods of
modifying films having particular classifications under that system so that the
films are suitable to be transmitted; and
(c) those codes provide for the
provision of advice to consumers on the reasons for films receiving a
particular classification; and
(d) for the purpose of classifying
interactive computer games—those codes apply the computer games classification
system administered by the Classification Board; and
(e) those codes provide for the
provision of advice to consumers on the reasons for interactive computer games
receiving a particular classification; and
(f) for the purpose of classifying
content (other than films or interactive computer games)—those codes apply the
film classification system administered by the Classification Board in a
corresponding way to the way in which that system applies to films; and
(g) those codes provide for methods of
modifying content (other than films or interactive computer games) having
particular classifications under that system (as correspondingly applied) so
that the content is suitable to be transmitted; and
(h) those codes provide for the
provision of advice to consumers on the reasons for content (other than films
or interactive computer games) receiving a particular classification.
(5) In developing codes of practice referred
to in paragraph (2)(a) or (b), the group that the ACMA is satisfied
represents datacasting licensees must ensure that films classified as “M” or “MA
15+” do not portray material that goes beyond the previous “AO” classification
criteria.
Registration of codes of practice
(6) If:
(a) the group that the ACMA is
satisfied represents datacasting licensees develops a code of practice to be
observed in the conduct of the datacasting operations of those licensees; and
(b) the ACMA is satisfied that:
(i) the code of practice
provides appropriate community safeguards for the matters covered by the code;
and
(ii) the code is endorsed
by a majority of datacasting licensees; and
(iii) members of the public
have been given an adequate opportunity to comment on the code;
the ACMA must include that code in the Register of codes
of practice.
Interactive computer game
(7) In this clause:
interactive computer game
includes a computer game within the meaning of the Classification (Publications,
Films and Computer Games) Act 1995.
29
Review by the ACMA
(1) The ACMA must periodically conduct a
review of the operation of subclause 28(4) to see whether that subclause is in
accordance with prevailing community standards.
(2) If, after conducting such a review, the ACMA
concludes that subclause 28(4) is not in accordance with prevailing community
standards, the ACMA must recommend to the Minister appropriate amendments to
this Act that would ensure that subclause 28(4) is in accordance with
prevailing community standards.
(3) If the Minister receives a recommendation
under subclause (2), the Minister must cause a copy of the recommendation
to be tabled in each House of the Parliament within 15 sitting days of that
House after receiving the recommendation.
30 ACMA
to maintain Register of codes of practice
(1) The ACMA is to maintain a Register in
which it includes all codes of practice registered under clause 28.
(2) The Register may be maintained by
electronic means.
(3) The Register is to be made available for
inspection on the Internet.
31 ACMA
may determine standards where codes of practice fail or where no code of
practice developed
(1) If:
(a) the ACMA is satisfied that there
is convincing evidence that a code of practice registered under clause 28
is not operating to provide appropriate community safeguards for a matter
referred to in subclause 28(2) in relation to the datacasting operations of
datacasting licensees; and
(b) the
ACMA is satisfied that it should determine a standard in relation to that
matter;
the ACMA must, in writing, determine a standard in
relation to that matter.
(2) If:
(a) no code of practice has been
registered under clause 28 for a matter referred to in subclause 28(2);
and
(b) the ACMA is satisfied that it
should determine a standard in relation to that matter;
the ACMA must, by notice in writing, determine a standard
in relation to that matter.
(3) A standard determined under this clause
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
32
Consultation on standards
The ACMA must, before determining,
varying or revoking a standard, seek public comment on the proposed standard or
the variation or revocation.
33
Notification of determination or variation or revocation of standards
If the ACMA determines or varies or
revokes a standard, the ACMA must publish in the Gazette a notice
stating:
(a) that the standard has been
determined, varied or revoked; and
(b) the places where copies of the
standard or of the variation or revocation can be purchased.
34
Limitation of ACMA’s power in relation to standards
(1) The ACMA must not determine a standard
that requires that, before datacasting content is transmitted, the datacasting
content, or a sample of the datacasting content, be approved by the ACMA or by
a person or body appointed by the ACMA.
(2) However, the ACMA may determine such a
standard in relation to datacasting content for children.
35
This Part does not apply to Internet carriage services or ordinary electronic
mail
This Part does not apply to:
(a) the transmission of so much of a
datacasting service as consists of an Internet carriage service; or
(b) the transmission of ordinary
electronic mail.
35A
This Part does not apply to the ABC or SBS
For the purposes of this Part, the
Australian Broadcasting Corporation and the Special Broadcasting Service
Corporation are taken not to be datacasting licensees.
Note: If the Australian Broadcasting Corporation or
the Special Broadcasting Service Corporation is otherwise a datacasting
licensee, it is a duty of the Board of the Corporation to develop a code of
practice that relates to the service provided under the licence. See paragraph
8(1)(e) of the Australian Broadcasting Corporation Act 1983 and
paragraph 10(1)(j) of the Special Broadcasting Service Act 1991.
Part 5—Complaints to the ACMA about datacasting services
36
Complaints about offences or breach of licence conditions
(1) If a person believes that a datacasting
licensee has:
(a) committed an offence against this
Act or the regulations; or
(b) breached a condition of the
datacasting licence;
the person may make a complaint to the ACMA about the
matter.
(2) If a person believes that another person
is providing a datacasting service without a datacasting licence that
authorises the provision of that service, the first‑mentioned person may
make a complaint to the ACMA about the matter.
37
Complaints under codes of practice
(1) If:
(a) a person has made a complaint to a
datacasting licensee about a matter relating to:
(i) datacasting content;
or
(ii) compliance with a code
of practice that applies to the datacasting operations of datacasting licensees
and that is included in the Register of codes of practice; and
(b) if there is a relevant code of
practice relating to the handling of complaints of that kind—the complaint was
made in accordance with that code of practice; and
(c) either:
(i) the person has not
received a response within 60 days after making the complaint; or
(ii) the person has
received a response within that period but considers that response to be
inadequate;
the person may make a complaint to the ACMA about the
matter.
(2) This
clause does not apply to:
(a) the transmission of so much of a
datacasting service as consists of an Internet carriage service; or
(b) the transmission of ordinary
electronic mail.
(3) Also, this clause does not apply if the
datacasting licensee is the Australian Broadcasting Corporation or the Special
Broadcasting Service Corporation.
Note: Sections 150 to 153 deal with complaints
about a datacasting service provided by the Australian Broadcasting Corporation
or the Special Broadcasting Service Corporation.
38
Investigation of complaints by the ACMA
(1) The ACMA must investigate the complaint.
(2) However, the ACMA need not investigate
the complaint if it is satisfied that:
(a) the complaint is frivolous or
vexatious or was not made in good faith; or
(b) in
the case of a complaint referred to in subclause 36(1)—the complaint does not
relate to:
(i) an
offence against this Act or the regulations; or
(ii) a breach of a
condition of a licence.
(3) The ACMA must notify the complainant of
the results of such an investigation.
Part 6—Control of datacasting transmitter licences
41
Datacasting transmitter licences not to be controlled by ABC or SBS
(1) The Australian Broadcasting Corporation
must not be in a position to exercise control of a datacasting transmitter
licence.
(2) The Special Broadcasting Service
Corporation must not be in a position to exercise control of a datacasting
transmitter licence.
(3) Subclauses (1) and (2) do not apply
to a channel B datacasting transmitter licence unless the relevant transmitter,
or any of the relevant transmitters, is operated for transmitting a datacasting
service that is capable of being received by a domestic digital television
receiver.
Part 7—Nominated datacaster declarations
42
Object of this Part
The object of this Part is to provide
for the making of declarations (nominated datacaster declarations)
that allow the following licences to be held by different persons:
(a) a datacasting licence that
authorises the provision of a datacasting service;
(b) a datacasting transmitter licence
for a radiocommunications transmitter that is for use for transmitting the
datacasting service.
43
Datacasting transmitter licence
A reference in this Part to a
datacasting transmitter licence does not include a reference to an
authorisation under section 114 of the Radiocommunications Act 1992.
44
Applications for nominated datacaster declarations
(1) If there is:
(a) a datacasting licence that
authorises the provision of a datacasting service; and
(b) a datacasting transmitter licence
for a transmitter that is intended for use for transmitting the datacasting
service;
the licensee of the datacasting transmitter licence may
apply to the ACMA for a nominated datacaster declaration in relation to the
provision of the datacasting service under the datacasting licence.
(2) An application must be accompanied by:
(a) the application fee determined in
writing by the ACMA; and
(b) the consent of the licensee of the
datacasting licence.
(3) The application and consent must be:
(a) in writing; and
(b) in accordance with a form approved
in writing by the ACMA.
45
Making a nominated datacaster declaration
(1) After considering the application, the ACMA
must declare in writing that the provision of the datacasting service under the
datacasting licence is nominated in relation to the datacasting transmitter
licence if the ACMA is satisfied that:
(a) the licensee of the datacasting
transmitter licence will transmit the datacasting service on behalf of the
licensee of the datacasting licence; and
(b) the licensee of the datacasting
transmitter licence will not be involved in the selection or provision of
datacasting content to be transmitted on the datacasting service.
(2) The ACMA must give a copy of the
declaration to:
(a) the applicant; and
(b) the licensee of the datacasting
licence.
(3) If the ACMA refuses to make a nominated
datacaster declaration, the ACMA must give written notice of the refusal to:
(a) the applicant; and
(b) the licensee of the datacasting
licence.
46
Effect of nominated datacaster declaration
If:
(a) a nominated datacaster declaration
is in force; and
(b) the licensee of the datacasting
transmitter licence transmits the datacasting service on behalf of the licensee
of the datacasting licence;
then:
(c) for the purposes of the Radiocommunications
Act 1992, the licensee of the datacasting licence is taken not to operate
the radiocommunications transmitter for any purpose in connection with that
transmission; and
(d) for
the purposes of this Act:
(i) the licensee of the
datacasting licence is taken to provide the datacasting service; and
(ii) the licensee of the
datacasting transmitter licence is taken not to provide the datacasting
service; and
(e) for
the purposes of this Act (other than Schedule 1) and the Tobacco
Advertising Prohibition Act 1992, any content that is transmitted by the
licensee of the datacasting transmitter licence on behalf of the licensee of
the datacasting licence:
(i) is taken to be content
transmitted by the licensee of the datacasting licence; and
(ii) is not taken to be
content transmitted by the licensee of the datacasting transmitter licence.
47
Revocation of nominated datacaster declaration
(1) The ACMA must, by writing, revoke a
nominated datacaster declaration if the ACMA is satisfied that:
(a) the licensee of the datacasting transmitter
licence is not transmitting, or does not propose to transmit, the datacasting
service on behalf of the licensee of the datacasting licence; or
(b) the licensee of the datacasting
transmitter licence is involved, or proposes to become involved, in the
selection or provision of datacasting content to be transmitted on the
datacasting service.
(2) The ACMA must, by writing, revoke a
nominated datacaster declaration if:
(a) the licensee of the datacasting
transmitter licence; or
(b) the licensee of the datacasting
licence;
gives the ACMA a written notice stating that the licensee
does not consent to the continued operation of the declaration.
(3) The ACMA must give a copy of the
revocation to:
(a) the licensee of the datacasting
transmitter licence; and
(b) the licensee of the datacasting
licence.
(4) A revocation under subclause (1) or
(2) takes effect on the date specified in the revocation.
(5) The ACMA must not revoke a nominated
datacaster declaration under subclause (1) unless the ACMA has first:
(a) given the licensee of the
datacasting transmitter licence a written notice:
(i) setting out a proposal
to revoke the declaration; and
(ii) inviting the licensee
to make a submission to the ACMA on the proposal; and
(b) given the licensee of the
datacasting licence a written notice:
(i) setting out a proposal
to revoke the declaration; and
(ii) inviting the licensee
to make a submission to the ACMA on the proposal; and
(c) considered any submission that was
received under paragraph (a) or (b) within the time limit specified in the
notice concerned.
(6) A time limit specified in a notice under subclause (5)
must run for at least 7 days.
(7) A person must not enter into a contract
or arrangement under which the person or another person is:
(a) prevented from giving a notice
under subclause (2); or
(b) subject to any restriction in
relation to the giving of a notice under subclause (2).
(8) A contract or arrangement entered into in
contravention of subclause (7) is void.
48
Register of nominated datacaster declarations
(1) The ACMA is to maintain a register in
which the ACMA includes particulars of all nominated datacaster declarations
currently in force.
(2) The Register may be maintained by
electronic means.
(3) The Register is to be made available for
inspection on the Internet.
Part 8—Remedies for breaches of licensing provisions
Division 1—Providing a datacasting service without a licence
49
Prohibition on providing a datacasting service without a licence
(1) A person is
guilty of an offence if the person:
(a) intentionally provides a
datacasting service; and
(b) does not have a datacasting
licence to provide the service.
Penalty: 20,000 penalty units.
(2) A person who contravenes subclause (1)
is guilty of a separate offence in respect of each day (including a day of a
conviction for the offence or any later day) during which the contravention
continues.
(3) A person must not provide a datacasting
service if the person does not have a datacasting licence to provide that service.
(4) Subclause (3) is a civil penalty
provision.
(5) A person who contravenes subclause (3)
commits a separate contravention of that subclause in respect of each day
(including a day of the making of a relevant civil penalty order or any
subsequent day) during which the contravention continues.
Note 1: For exemptions for broadcasters, see clause 51.
Note 2: For exemptions for designated teletext
services, see clause 51A.
50
Remedial directions—unlicensed datacasting services
(1) If the ACMA is satisfied that a person
has breached, or is breaching, subclause 49(3), the ACMA may, by written notice
given to the person, direct the person to take action directed towards ensuring
that the person does not breach that subclause, or is unlikely to breach that
subclause, in the future.
Note 1: For exemptions for broadcasters, see clause 51.
Note 2: For exemptions for designated teletext
services, see clause 51A.
Offence
(2) A person commits an offence if:
(a) the person has been given a notice
under subclause (1); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes a
requirement in the notice.
Penalty: 20,000 penalty units.
(3) A person who contravenes subclause (2)
commits a separate offence in respect of each day (including a day of a
conviction for the offence or any subsequent day) during which the
contravention continues.
Civil penalty
(4) A person must comply with a notice under subclause (1).
(5) Subclause (4) is a civil penalty
provision.
(6) A person who contravenes subclause (4)
commits a separate contravention of that subclause in respect of each day
(including a day of the making of a relevant civil penalty order or any
subsequent day) during which the contravention continues.
Definition
(7) In this clause:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
51
Exemption for broadcasting licensees etc.
(1) Clauses 49 and 50 do not apply to
the provision of a broadcasting service under, and in accordance with the
conditions of:
(a) a licence allocated by the ACMA
under this Act (other than this Schedule); or
(b) a class licence.
(2) Clauses 49 and 50 do not apply to
the provision of a national broadcasting service.
51A
Exemption for designated teletext services
Clauses 49 and 50 do not apply to
the provision of a designated teletext service (within the meaning of Schedule 4).
Division 2—Breaches of licence conditions
52
Offence for breach of conditions
(1) A person is guilty of an offence if:
(a) the person is a datacasting
licensee; and
(b) the person intentionally engages
in conduct; and
(c) the person’s conduct breaches a
condition of the licence set out in clause 14, 16, 21 or 24.
Penalty: 2,000 penalty units.
(1A) A person commits an offence if:
(a) the person is a restricted datacasting
licensee; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches a
condition of the licence set out in clause 24A.
Penalty: 2,000 penalty units.
(2) A person who contravenes subclause (1)
or (1A) is guilty of a separate offence in respect of each day (including a day
of a conviction for the offence or any later day) during which the
contravention continues.
52A
Civil penalty provision relating to breach of conditions of datacasting
licences
(1) A datacasting licensee must not breach a
condition of the licence set out in clause 14, 16, 21 or 24.
(1A) A restricted datacasting licensee must not
breach a condition of the licence set out in clause 24A.
(2) Subclauses (1) and (1A) are civil
penalty provisions.
(3) A person who contravenes subclause (1)
or (1A) commits a separate contravention of that subclause in respect of each
day (including a day of the making of a relevant civil penalty order or any
subsequent day) during which the contravention continues.
53
Remedial directions—breach of conditions
(1) If a datacasting licensee has breached,
or is breaching, a condition of the licence (other than the condition set out
in clause 25), the ACMA may, by written notice given to the licensee,
direct the licensee to take action directed towards ensuring that the licensee
does not breach the condition, or is unlikely to breach the condition, in the
future.
(2) The
following are examples of the kinds of direction that may be given to a
licensee under subclause (1):
(a) a direction that the licensee
implement effective administrative systems for monitoring compliance with a
condition of the licence;
(b) a direction that the licensee
implement a system designed to give the licensee’s employees, agents and
contractors a reasonable knowledge and understanding of the requirements of a
condition of the licence, in so far as those requirements affect the employees,
agents or contractors concerned.
(3) A person is not required to comply with a
notice under subclause (1) until the end of the period specified in the
notice. That period must be reasonable.
(4) A person is guilty of an offence if:
(a) a person has been given a notice
under subclause (1); and
(b) the person intentionally engages
in conduct; and
(c) the person’s conduct contravenes a
requirement in the notice.
Penalty: 20,000 penalty units.
(5) A person who contravenes subclause (4)
is guilty of a separate offence in respect of each day (including a day of a
conviction for the offence or any later day) during which the contravention
continues.
(6) A person must comply with a notice under subclause (1).
(7) Subclause (6) is a civil penalty
provision.
(8) A person who contravenes subclause (6)
commits a separate contravention of that subclause in respect of each day (including
a day of the making of a relevant civil penalty order or any subsequent day)
during which the contravention continues.
54
Suspension and cancellation
(1) If a person who is a datacasting
licensee:
(a) fails to comply with a notice
under clause 53; or
(b) breaches a condition of the
licence;
the ACMA may, by written notice given to the person:
(c) suspend the licence for such
period, not exceeding 3 months, as is specified in the notice; or
(d) cancel the licence.
(2) If a datacasting licence is suspended
because of a breach of a condition set out in clause 14, 16 or 21, the ACMA
may take such action, by way of suspending one or more datacasting licences
held by:
(a) the licensee; or
(b) a related body corporate of the
licensee;
as the ACMA considers necessary to ensure that the same,
or a substantially similar, datacasting service is not transmitted by the
licensee or the related body corporate, as the case may be, during the period
of suspension.
(2A) If a restricted datacasting licence is suspended
because of a breach of a condition set out in clause 24A, the ACMA may
take such action, by way of suspending one or more restricted datacasting
licences held by:
(a) the licensee; or
(b) a related body corporate of the
licensee;
as the ACMA considers necessary to ensure that the same,
or a substantially similar, restricted datacasting service is not provided by
the licensee or the related body corporate, as the case may be, during the
period of suspension.
(3) If a
datacasting licence is cancelled because of a breach of a condition set out in
clause 14, 16 or 21, the ACMA may take such action, by way of cancelling
one or more datacasting licences held by:
(a) the licensee; or
(b) a
related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same,
or a substantially similar, datacasting service is not transmitted by the
licensee or the related body corporate, as the case may be, at a time after the
cancellation.
(3A) If a restricted datacasting licence is
cancelled because of a breach of a condition set out in clause 24A, the
ACMA may take such action, by way of cancelling one or more restricted
datacasting licences held by:
(a) the licensee; or
(b) a related body corporate of the
licensee;
as the ACMA considers necessary to ensure that the same,
or a substantially similar, restricted datacasting service is not provided by
the licensee or the related body corporate, as the case may be, at a time after
the cancellation.
(4) If the ACMA proposes to take action against
a person under subclause (1), (2), (2A), (3) or (3A), the ACMA must give
to the person:
(a) written notice of its intention;
and
(b) a reasonable opportunity to make
representations to the ACMA in relation to the proposed action.
55
Injunctions
Restraining injunctions
(1) If a person who is a datacasting licensee
has engaged, is engaging or is proposing to engage, in any conduct in
contravention of a condition of the licence (other than a condition set out in
clause 25), the Federal Court may, on the application of the ACMA, grant
an injunction:
(a) restraining the person from
engaging in the conduct; and
(b) if, in the court’s opinion, it is
desirable to do so—requiring the person to do something.
(2) If a person has engaged, is engaging or
is proposing to engage, in any conduct in contravention of clause 49, the
Federal Court may, on the application of the ACMA, grant an injunction:
(a) restraining the person from
engaging in the conduct; and
(b) if, in the court’s opinion, it is
desirable to do so—requiring the person to do something.
Performance injunctions
(3) If:
(a) a person who is a datacasting
licensee has refused or failed, or is refusing or failing, or is proposing to
refuse or fail, to do an act or thing; and
(b) the refusal or failure was, is or
would be a contravention of a condition of the licence (other than a condition
set out in clause 25);
the Federal Court may, on the application of the ACMA,
grant an injunction requiring the person to do that act or thing.
56
Federal Court’s powers relating to injunctions
Grant of interim injunction
(1) If an application is made to the Federal
Court for an injunction under clause 55, the court may, before considering
the application, grant an interim injunction restraining a person from engaging
in conduct of a kind referred to in that clause.
No undertakings as to damages
(2) The Federal Court is not to require an
applicant for an injunction under clause 55, as a condition of granting an
interim injunction, to give any undertakings as to damages.
Discharge etc. of injunctions
(3) The Federal Court may discharge or vary
an injunction granted under clause 55.
Certain limits on granting injunctions do not apply
(4) The power of the Federal Court under
clause 55 to grant an injunction restraining a person from engaging in
conduct of a particular kind may be exercised:
(a) if the court is satisfied that the
person has engaged in conduct of that kind—whether or not it appears to the
court that the person intends to engage again, or to continue to engage, in
conduct of that kind; or
(b) if it appears to the court that,
if an injunction is not granted, it is likely that the person will engage in
conduct of that kind—whether or not the person has previously engaged in
conduct of that kind and whether or not there is an imminent danger of
substantial damage to any person if the person engages in conduct of that kind.
(5) The power of the Federal Court under
clause 55 to grant an injunction requiring a person to do an act or thing
may be exercised:
(a) if the court is satisfied that the
person has refused or failed to do that act or thing—whether or not it appears
to the court that the person intends to refuse or fail again, or to continue to
refuse or fail, to do that act or thing; or
(b) if it appears to the court that,
if an injunction is not granted, it is likely that the person will refuse or
fail to do that act or thing—whether or not the person has previously refused
or failed to do that act or thing and whether or not there is an imminent danger
of substantial damage to any person if the person refuses or fails to do that
act or thing.
Other powers of the court unaffected
(6) The powers conferred on the Federal Court
under clause 55 are in addition to, and not instead of, any other powers
of the court, whether conferred by this Act or otherwise.
57
Stay of proceedings relating to additional licence conditions, remedial
directions and suspension/cancellation decisions
(1) For the purposes of this clause, an eligible
decision is:
(a) a decision under clause 26 to
impose or vary a condition of a datacasting licence; or
(b) a decision to give a direction
under clause 53 (which deals with remedial directions); or
(c) a decision to suspend or cancel a
datacasting licence under clause 54.
(2) An order must not be made under paragraph
15(1)(a) or 15A(1)(a) of the Administrative Decisions (Judicial Review) Act
1977 in relation to an eligible decision if:
(a) the order has the effect of
suspending the operation of the eligible decision for more than 3 months; or
(b) the order and any previous order
or orders made under the paragraph concerned have the combined effect of
suspending the operation of the eligible decision for more than 3 months.
(3) An order must not be made under paragraph
15(1)(b) or 15A(1)(b) of the Administrative Decisions (Judicial Review) Act
1977 in relation to an eligible decision if:
(a) the order has the effect of
staying particular proceedings under the eligible decision for more than 3
months; or
(b) the order and any previous order
or orders made under the paragraph concerned have the combined effect of
staying particular proceedings under the eligible decision for more than 3
months.
(4) If:
(a) a person applies to the Federal
Court under subsection 39B(1) of the Judiciary Act 1903 for a writ or
injunction in relation to an eligible decision; and
(b) an order could be made staying, or
otherwise affecting the operation or implementation of, the eligible decision
pending the finalisation of the application;
such an order must not be made if:
(c) the order has the effect of
staying, or otherwise affecting the operation or implementation of, the
eligible decision for more than 3 months; or
(d) the order and any previous order
or orders covered by paragraph (b) have the combined effect of staying, or
otherwise affecting the operation or implementation of, the eligible decision
for more than 3 months.
(5) If:
(a) a person applies to the
Administrative Appeals Tribunal for review of an eligible decision; and
(b) an order could be made under
subsection 41(2) of the Administrative Appeals Tribunal Act 1975
staying, or otherwise affecting the operation or implementation of, the
eligible decision;
such an order must not be made if:
(c) the order has the effect of
staying, or otherwise affecting the operation or implementation of, the
eligible decision for more than 3 months; or
(d) the
order and any previous order or orders covered by paragraph (b) have the
combined effect of staying, or otherwise affecting the operation or implementation
of, the eligible decision for more than 3 months.
Part 9—Review of decisions
58
Review by the Administrative Appeals Tribunal
An application may be made to the
Administrative Appeals Tribunal for a review of a decision set out in the
second column of the table made under the provision of this Schedule set out in
the third column, but such an application may only be made by the person
described in the fourth column.
|
Reviewable decisions
|
|
Item
|
Decision
|
Provision
|
Person who may apply
|
|
1
|
refusal to allocate datacasting licence
|
clause 7 or 8
|
the applicant
|
|
2
|
that a person is not a suitable applicant
|
subclause 9(1)
|
the person
|
|
2A
|
that an Internet carriage service is a declared Internet
carriage service
|
subclause 23B(1)
|
the licensee
|
|
3
|
that a person is not a suitable licensee
|
subclause 25(3)
|
the licensee
|
|
4
|
Variation of datacasting licence conditions or imposition
of new conditions
|
subclause 26(1)
|
the licensee
|
|
4A
|
refusal to make an exemption order
|
clause 27B
|
the licensee
|
|
5
|
refusal to include a code of practice in the Register
|
subclause 28(6)
|
the relevant industry group
|
|
6
|
refusal to make a nominated datacaster declaration
|
clause 45
|
the licensee of the datacasting transmitter licence or the
licensee of the datacasting licence
|
|
7
|
revocation of a nominated datacaster declaration
|
clause 47
|
the licensee of the datacasting transmitter licence or the
licensee of the datacasting licence
|
|
8
|
to give or vary, or to refuse to revoke, a direction
|
clause 53
|
the licensee
|
|
9
|
suspension or cancellation of datacasting licence
|
clause 54
|
the licensee
|
59
Notification of decisions to include notification of reasons and appeal rights
If the ACMA makes a decision that is
reviewable under clause 58, the ACMA is to include in the document by
which the decision is notified:
(a) a statement setting out the
reasons for the decision; and
(b) a statement to the effect that an
application may be made to the Administrative Appeals Tribunal for a review of
the decision.
Schedule 7—Content services
Note: See section 216D.
Part 1—Introduction
1
Simplified outline
The following is a simplified outline of
this Schedule:
• A person may make a
complaint to the ACMA about prohibited content, or potential prohibited
content, in relation to certain services.
• The ACMA may take the
following action to deal with prohibited content or potential prohibited
content:
(a) in the case
of a hosting service—issue a take‑down notice;
(b) in the case
of a live content service—issue a service‑cessation notice;
(c) in the case
of a links service—issue a link‑deletion notice.
• Content (other than an
eligible electronic publication) is prohibited content if:
(a) the content
has been classified RC or X 18+ by the Classification Board; or
(b) the content
has been classified R 18+ by the Classification Board and access to the content
is not subject to a restricted access system; or
(c) the
content has been classified MA 15+ by the Classification Board, access to the
content is not subject to a restricted access system, the content does not
consist of text and/or one or more still visual images, and the content is
provided by a commercial service (other than a news service or a current
affairs service); or
(d) the content
has been classified MA 15+ by the Classification Board, access to the content
is not subject to a restricted access system, and the content is provided by a
mobile premium service.
• Content that consists of an
eligible electronic publication is prohibited content if the
content has been classified RC, category 2 restricted or category 1 restricted
by the Classification Board.
• Generally, content is potential
prohibited content if the content has not been classified by the
Classification Board, but if it were to be classified, there is a substantial
likelihood that the content would be prohibited content.
• Bodies and associations
that represent sections of the content industry may develop industry codes.
• The ACMA has a reserve
power to make an industry standard if there are no industry codes or if an
industry code is deficient.
• The ACMA may make
determinations regulating certain content service providers and hosting service
providers.
Note: The classification of an eligible electronic
publication is the same as the classification of the corresponding print
publication—see clause 24.
2
Definitions
In this
Schedule:
access includes:
(a) access that is subject to a pre‑condition
(for example, the use of a password); and
(b) access by way of push technology;
and
(c) access by way of a standing
request.
access‑control system, in relation to
content, means a system under which:
(a) persons seeking access to the
content have been issued with a Personal Identification Number that provides a
means of limiting access by other persons to the content; or
(b) persons seeking access to the
content have been provided with some other means of limiting access by other
persons to the content.
adult means an individual who is 18 or older.
adult chat service means a chat service
where, having regard to any or all of the following:
(a) the name of the chat service;
(b) the way in which the chat service
is advertised or promoted;
(c) the reputation of the chat
service;
it would be concluded that the majority of the content
accessed by end‑users of the chat service is reasonably likely to be
prohibited content or potential prohibited content.
ancillary subscription television content service
has the meaning given by clause 9A.
Australia, when used in a geographical sense,
includes all the external Territories.
Australian connection has the meaning given
by clause 3.
Australian police force means:
(a) the Australian Federal Police; or
(b) the police force of a State or
Territory.
carriage service has the same meaning as in
the Telecommunications Act 1997.
carriage service intermediary has the same
meaning as in the Telecommunications Act 1997.
carriage service provider has
the same meaning as in the Telecommunications Act 1997.
child means an individual who has not reached
18 years.
civil proceeding includes a civil action.
classification application means an
application under clause 22.
Classification Board means the Classification
Board established by the Classification (Publications, Films and Computer
Games) Act 1995.
Classification Review Board means the
Classification Review Board established by the Classification (Publications,
Films and Computer Games) Act 1995.
classified means classified under this
Schedule.
commercial content service means a content
service that:
(a) is operated for profit or as part
of a profit‑making enterprise; and
(b) is provided to the public but only
on payment of a fee (whether periodical or otherwise).
commercial content service provider means a
person who provides a commercial content service.
Note: See clause 5.
computer game has the same meaning as in the Classification
(Publications, Films and Computer Games) Act 1995.
content means content:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech,
music or other sounds; or
(d) whether in the form of visual
images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of
forms.
content service means:
(a) a service that delivers content to
persons having equipment appropriate for receiving that content, where the
delivery of the service is by means of a carriage service; or
(b) a service that allows end‑users
to access content using a carriage service;
but does not include:
(c) a licensed broadcasting service;
or
(d) a national broadcasting service;
or
(e) a re‑transmitted
broadcasting service; or
(f) a licensed datacasting service;
or
(g) a re‑transmitted datacasting
service; or
(h) an exempt Parliamentary content
service; or
(i) an exempt court/tribunal content
service; or
(j) an exempt official‑inquiry
content service; or
(k) an exempt point‑to‑point
content service; or
(l) an exempt Internet directory
service; or
(m) an exempt Internet search engine
service; or
(n) a service that enables end‑users
to communicate, by means of voice calls, with other end‑users; or
(o) a service that enables end‑users
to communicate, by means of video calls, with other end‑users; or
(p) a service that enables end‑users
to communicate, by means of email, with other end‑users; or
(q) an instant messaging service that:
(i) enables end‑users
to communicate with other end‑users; and
(ii) is not an adult chat
service; or
(r) an SMS service that:
(i) enables end‑users
to communicate with other end‑users; and
(ii) is not an adult chat
service; or
(s) an MMS service that:
(i) enables end‑users
to communicate with other end‑users; and
(ii) is not an adult chat
service; or
(t) a service that delivers content
by fax; or
(u) an exempt data storage service; or
(v) an exempt back‑up service;
or
(x) a service specified in the
regulations.
Note 1: SMS is short for short message
service.
Note 2: MMS is short for multimedia
message service.
Note 3: For specification by class, see subsection
13(3) of the Legislative Instruments Act 2003.
content service provider means a person who
provides a content service.
Note: See clause 5.
corresponding print publication, in relation
to an eligible electronic publication, has the meaning given by clause 11.
court/tribunal proceedings means words spoken
and acts done in the course of, or for purposes of or incidental to, the
transacting of the business of a court or a tribunal, and includes:
(a) evidence given before the court or
tribunal; and
(b) a document presented or submitted
to the court or tribunal; and
(c) a document issued or published by,
or with the authority of, the court or tribunal.
data storage device means any article or
material (for example, a disk) from which information is capable of being
reproduced, with or without the aid of any other article or device.
designated content/hosting service means:
(a) a hosting service; or
(b) a live content service; or
(c) a links service; or
(d) a commercial content service.
designated content/hosting service provider
means a person who provides a designated content/hosting service.
designated content/hosting service provider rule
means:
(a) a provision declared by this
Schedule to be a designated content/hosting service provider rule; or
(b) each of the rules (if any) set out
in a designated content/hosting service provider determination in force under
clause 104.
eligible electronic publication has the
meaning given by clause 11.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
evidential burden, in relation to a matter,
means the burden of adducing or pointing to evidence that suggests a reasonable
possibility that the matter exists or does not exist.
exempt back‑up service means a back‑up
service, where each end‑user’s access is restricted to the end‑user’s
backed‑up content.
exempt court/tribunal content service means a
service to the extent to which it delivers, or provides access to, content that
consists of court/tribunal proceedings.
exempt data storage service means a data
storage service, where each end‑user’s access is restricted to the end‑user’s
stored content.
exempt Internet directory service means an
Internet directory service that:
(a) does not specialise in providing
links to, or information about, Internet sites that specialise in prohibited
content or potential prohibited content; and
(b) is not a service specified in the
regulations; and
(c) complies with such other
requirements (if any) as are specified in the regulations.
Note: For specification by class, see subsection
13(3) of the Legislative Instruments Act 2003.
exempt Internet search engine service means
an Internet search engine service that:
(a) does not specialise in providing
links to, or information about, Internet sites that specialise in prohibited
content or potential prohibited content; and
(b) is not a service specified in the
regulations; and
(c) complies with such other
requirements (if any) as are specified in the regulations.
Note: For specification by class, see subsection
13(3) of the Legislative Instruments Act 2003.
exempt official‑inquiry content service
means a service to the extent to which it delivers, or provides access to,
content that consists of official‑inquiry proceedings.
exempt Parliamentary content service means a
service to the extent to which it delivers, or provides access to, content that
consists of Parliamentary proceedings.
exempt point‑to‑point content service
means a service that:
(a) delivers content by:
(i) email; or
(ii) instant messaging; or
(iii) SMS; or
(iv) MMS;
where the content is produced or
packaged by the provider of the service; and
(b) does not specialise in content
that is prohibited content or potential prohibited content; and
(c) is not an adult chat service; and
(d) is not provided on payment of a
fee (whether periodical or otherwise); and
(e) is not a service specified in the
regulations; and
(f) complies with such other
requirements (if any) as are specified in the regulations.
Note 1: SMS is short for short message
service.
Note 2: MMS is short for multimedia
message service.
Note 3: For specification by class, see subsection
13(3) of the Legislative Instruments Act 2003.
film has the same meaning as in the Classification
(Publications, Films and Computer Games) Act 1995, but does not include a
form of recording from which an eligible electronic publication can be
produced.
Note: Film is defined broadly in that
Act, and includes any form of recording from which a visual image can be
produced.
final link‑deletion notice means a
notice under paragraph 62(1)(d), (e) or (f) or (4)(b), (c) or (d) of this
Schedule.
final service‑cessation notice means a
notice under paragraph 56(1)(c) or (d) or (4)(b) or (c) of this Schedule.
final take‑down notice means a notice
under paragraph 47(1)(c), (d) or (e) or (4)(b), (c) or (d) of this Schedule.
hosting service has the meaning given by
clause 4.
hosting service provider means a person who
provides a hosting service.
immediate circle has the same meaning as in
the Telecommunications Act 1997.
interim link‑deletion notice means a
notice under paragraph 62(2)(c) or (3)(d) of this Schedule.
interim service‑cessation notice means
a notice under paragraph 56(2)(d) or (3)(d) of this Schedule.
interim take‑down notice means a notice
under paragraph 47(2)(c) or (3)(d) of this Schedule.
Internet carriage service has the same
meaning as in Schedule 5.
Internet content has the same meaning as in
Schedule 5.
licensed broadcasting service means a
broadcasting service provided in accordance with:
(a) a licence allocated by the ACMA
under this Act; or
(b) a class licence determined by the
ACMA under this Act.
licensed datacasting service means a
datacasting service provided by the holder of a datacasting licence that
authorises the provision of that service.
links service means a content service that:
(a) provides one or more links to
content; and
(b) is provided to the public (whether
on payment of a fee or otherwise)
links service provider means a person who
provides a links service.
Note: See clause 5.
live content does not include stored content.
live content service means a content service
that:
(a) provides live content; and
(b) is provided to the public (whether
on payment of a fee or otherwise)
live content service provider means a person
who provides a live content service.
Note: See clause 5.
MA 15+ content has the meaning given by
clause 15.
mobile carriage service provider means:
(a) a carriage service provider who
supplies a public mobile telecommunications service; or
(b) a carriage service intermediary
who arranges for the supply by a carriage service provider of a public mobile
telecommunications service.
mobile premium service means a commercial
content service where:
(a) a charge for the supply of the
commercial content service is expected to be included in a bill sent by or on
behalf of a mobile carriage service provider to the relevant customer; or
(b) a charge for the supply of the
commercial content service is payable:
(i) in advance; or
(ii) in any other manner;
by the relevant customer to a
mobile carriage service provider or a person acting on behalf of a mobile
carriage service provider.
official‑inquiry proceedings means
words spoken and acts done in the course of, or for purposes of or incidental
to, the transacting of the business of:
(a) a Royal Commission; or
(b) an official inquiry;
and includes:
(c) evidence given before the Royal
Commission or official inquiry; and
(d) a document presented or submitted
to the Royal Commission or official inquiry; and
(e) a document issued or published by,
or with the authority of, the Royal Commission or official inquiry.
Parliamentary proceedings means words spoken
and acts done in the course of, or for purposes of or incidental to, the
transacting of the business of:
(a) a Parliament; or
(b) a legislature; or
(c) a committee of a Parliament or
legislature;
and includes:
(d) evidence given before the
Parliament, legislature or committee; and
(e) a document presented or submitted
to the Parliament, legislature or committee; and
(f) a document issued or published
by, or with the authority of, the Parliament, legislature or committee.
potential prohibited content has the meaning
given by clause 21.
prohibited content has the meaning given by
clause 20.
provided by a content service has the meaning
given by clause 6.
provided to the public, in relation to a
content service, has the meaning given by clause 7.
public mobile telecommunications service has
the same meaning as in the Telecommunications Act 1997.
R 18+ content has the meaning given by
clause 15.
restricted access
system has the meaning given by clause 14.
re‑transmitted broadcasting service has
the meaning given by clause 12.
re‑transmitted datacasting service has
the meaning given by clause 13.
service includes an Internet site or a
distinct part of an Internet site.
special link‑deletion notice means a
notice under clause 67.
special service‑cessation notice means
a notice under clause 59A.
special take‑down notice means a notice
under clause 52.
stored content means content kept on a data
storage device. For this purpose, disregard any storage of content on a highly
transitory basis as an integral function of the technology used in its
transmission.
Note: Momentary buffering (including momentary
storage in a router in order to resolve a path for further transmission) is an
example of storage on a highly transitory basis.
trained content assessor has the meaning
given by clause 18.
voice call
includes:
(a) if a voice call is not practical
for a particular end‑user with a disability—a call that is equivalent to
a voice call; and
(b) a call that involves a recorded or
synthetic voice.
3
Australian connection
Content service
(1) For the purposes of this Schedule, a
content service has an Australian connection if, and only if:
(a) any of the content provided by the
content service is hosted in Australia; or
(b) in the case of a live content
service—the live content service is provided from Australia.
Note: A link is an example of content. If a link
provided by a content service is hosted in Australia, the content service will
have an Australian connection (see paragraph (a)).
Hosting service
(2) For the purposes of this Schedule, a
hosting service has an Australian connection if, and only if, any
of the content hosted by the hosting service is hosted in Australia.
4
Hosting service
For the purposes of this Schedule, if:
(a) a person (the first person)
hosts stored content; and
(b) the hosted content does not
consist of:
(i) voicemail messages; or
(ii) video mail messages;
or
(iii) email messages; or
(iv) SMS messages; or
(v) MMS messages; or
(vi) messages specified in
the regulations; and
(c) the first person or another person
provides a content service that:
(i) provides the hosted
content; and
(ii) is provided to the
public (whether on payment of a fee or otherwise);
the hosting of the stored content by the first person is
taken to be the provision by the first person of a hosting service
to the public.
Note 1: SMS is short for short message
service.
Note 2: MMS is short for multimedia
message service.
Note 3: For specification by class, see subsection
13(3) of the Legislative Instruments Act 2003.
5
Content service provider
(1) For the purposes of this Schedule, a
person does not provide a content service merely because the person supplies a
carriage service that enables content to be delivered or accessed.
(2) For the purposes of this Schedule, a
person does not provide a content service merely because the person provides a
billing service, or a fee collection service, in relation to a content service.
6 When
content is provided by a content service
For the purposes of this Schedule,
content is provided by a content service if the content is
delivered by, or accessible to end‑users using, the content service.
7 When
content service is provided to the public etc.
(1) For the purposes of this Schedule, a
content service is provided to the public if, and only if, the
service is provided to at least one person outside the immediate circle of the
person who provides the service.
(2) For the purposes of this Schedule, a
content service that is provided to the public is taken to be different from a
content service that is not provided to the public, even if the content
provided by the services is identical.
8
Links to content
For the purposes of this Schedule, if:
(a) a content service (the first
content service) provides a link to another content service; and
(b) the other content service
specialises in prohibited content or potential prohibited content; and
(c) the other content service provides
particular content;
then:
(d) end‑users of the first
content service are taken to be able to access the content mentioned in
paragraph (c) using that link; and
(e) that link is taken to be a link to
the content mentioned in paragraph (c).
9
Services supplied by way of a voice call or video call
If a service is supplied by way of:
(a) a voice call made using a carriage
service; or
(b) a video call made using a carriage
service;
the service is taken, for the purposes of this Schedule,
to be a content service that allows end‑users to access the relevant
content using the carriage service.
9A
Ancillary subscription television content service
(1) For the purposes of this Schedule, an ancillary
subscription television content service is a service that:
(a) delivers content by way of
television programs to persons having equipment appropriate for receiving that
content, where:
(i) those television
programs are stored on the equipment (whether temporarily or otherwise); and
(ii) the equipment is also
capable of receiving one or more subscription television broadcasting services
provided in accordance with a licence allocated by the ACMA under this Act; and
(iii) those television
programs are delivered to a subscriber to such a subscription television
broadcasting service under a contract with the relevant subscription television
broadcasting licensee; and
(b) complies with such other
requirements (if any) as are specified in the regulations.
(2) For the purposes of subsection (1),
it is immaterial whether the equipment is capable of receiving:
(a) content by way of television
programs; or
(b) subscription television
broadcasting services;
when used:
(c) in isolation; or
(d) in conjunction with any other
equipment.
10
Classification of live content etc.
Recordings of live content
(1) If there is a recording of live content,
the recording is taken, for the purposes of classifying the live content under
this Schedule, to be the content.
Short duration segments
(2) If, on a particular day, live content has
a duration of more than:
(a) 60 minutes; or
(b) if another number of minutes is
specified in the regulations—that other number of minutes;
each short duration segment of the content provided on
that day is taken, for the purposes of:
(c) classifying the content under this
Schedule; and
(d) Part 3 of this Schedule; and
(e) paragraph 81(1)(e) of this
Schedule;
to be different live content from each other short
duration segment provided on that day.
(3) For the purposes of this clause, a short
duration segment of live content is a segment that has a duration of:
(a) 60 minutes; or
(b) if another number of minutes is
specified in the regulations—that other number of minutes.
(4) For the purposes of this clause, it is
immaterial when a short duration segment begins.
(5) For the purposes of this clause, it is
immaterial whether short duration segments overlap.
(6) Regulations made for the purposes of
paragraph (2)(b) or (3)(b) may make different provision with respect to
different kinds of live content.
(7) Subclause (6) does not limit subsection
33(3A) of the Acts Interpretation Act 1901.
11
Eligible electronic publication
For the purposes of this Schedule, if:
(a) content consists of:
(i) an electronic edition
of a book, magazine or newspaper; or
(ii) an audio recording of
the text, or abridged text, of a book, magazine or newspaper; and
(b) a print edition of the book,
magazine or newspaper is or was available to the public (whether by way of
purchase or otherwise) in Australia;
then:
(c) the content is an eligible
electronic publication; and
(d) the print edition of the book,
magazine or newspaper is the corresponding print publication in
relation to the eligible electronic publication.
12 Re‑transmitted
broadcasting services
(1) For the purposes of this Schedule, a
service is a re‑transmitted broadcasting service if the
service does no more than:
(a) re‑transmit programs that
have been previously transmitted by a licensed broadcasting service; or
(b) re‑transmit programs that
have been previously transmitted by a national broadcasting service.
(2) In determining whether a service is a re‑transmitted
broadcasting service:
(a) ignore any changes to the format
in which the programs are transmitted; and
(b) ignore any advertising or
sponsorship matter; and
(c) ignore such other matters (if any)
as are specified in the regulations.
13 Re‑transmitted
datacasting services
(1) For the purposes of this Schedule, a
service is a re‑transmitted datacasting service if the
service does no more than re‑transmit datacasting content that has been
previously transmitted by a licensed datacasting service.
(2) In determining whether a service is a re‑transmitted
datacasting service:
(a) ignore any changes to the format
in which the datacasting content is transmitted; and
(b) ignore any advertising or
sponsorship matter; and
(c) ignore such other matters (if any)
as are specified in the regulations.
14
Restricted access system
(1) The ACMA
may, by legislative instrument, declare that a specified access‑control
system is a restricted access system in relation to content for
the purposes of this Schedule. A declaration under this subclause has effect
accordingly.
Note: For specification by class, see subsection
13(3) of the Legislative Instruments Act 2003.
(2) An instrument under subclause (1)
may make different provision with respect to:
(a) R 18+ content; and
(b) MA 15+ content.
(3) Subclause (2) does not limit
subsection 33(3A) of the Acts Interpretation Act 1901.
(4) In making an instrument under
subclause (1), the ACMA must have regard to:
(a) the objective of protecting
children from exposure to content that is unsuitable for children; and
(b) the objective of protecting
children who have not reached 15 years from exposure to content that is
unsuitable for children who have not reached 15 years; and
(c) such other matters (if any) as the
ACMA considers relevant.
(5) The ACMA must ensure that an instrument
under subclause (1) is in force at all times after the commencement of
this Schedule.
15 R
18+ content and MA 15+ content
R 18+ content
(1) For the purposes of this Schedule, R
18+ content is:
(a) content (other than content that
consists of an eligible electronic publication) that has been classified R 18+
by the Classification Board; or
(b) content (other than content that
consists of an eligible electronic publication) where the following conditions
are satisfied:
(i) the content has not
been classified R 18+ by the Classification Board;
(ii) if the content were to
be classified by the Classification Board, there is a substantial likelihood
that the content would be classified R 18+ by the Classification Board.
MA 15+ content
(2) For the purposes of this Schedule, MA
15+ content is:
(a) content (other than content that
consists of an eligible electronic publication) that has been classified MA 15+
by the Classification Board; or
(b) content (other than content that
consists of an eligible electronic publication) where the following conditions
are satisfied:
(i) the content has not
been classified MA 15+ by the Classification Board;
(ii) if the content were to
be classified by the Classification Board, there is a substantial likelihood
that the content would be classified MA 15+ by the Classification Board.
Classification Board authorised to classify content
(3) For the purposes of this clause, it is to
be assumed that this Schedule authorised the Classification Board to classify
the content.
16
Content that consists of a film
For the purposes of this Schedule, in
determining whether content consists of the entire unmodified contents of a
film, disregard any differences between:
(a) the technique used to embody
sounds and/or visual images in the film; and
(b) the technique used to embody the
sounds and/or visual images in a form in which they can be delivered by means of,
or accessed using, the carriage service concerned.
17
Extended meaning of use
Unless the contrary intention appears, a
reference in this Schedule to the use of a thing is a reference
to the use of the thing either:
(a) in isolation; or
(b) in conjunction with one or more
other things.
18
Trained content assessor
(1) For the purposes of this Schedule, an
individual is a trained content assessor if:
(a) the individual has, at any time
during the preceding 12 months, completed training in:
(i) the making of
assessments of the kinds referred to in paragraphs 81(1)(d) and (f) of this
Schedule; and
(ii) giving advice of the
kind referred to in subparagraph 81(1)(e)(ii) of this Schedule; and
(b) the training was approved by the
Director of the Classification Board under subclause (2) of this clause.
(2) For the purposes of
paragraph (1)(b), the Director of the Classification Board may, by
writing, approve specified training.
(3) An approval under subclause (2) is
not a legislative instrument.
19 Extra‑territorial
application
(1) Unless the contrary intention appears,
this Schedule extends to acts, omissions, matters and things outside Australia.
Note: Clause 3 is an example of a contrary
intention.
(2) Section 14.1 of the Criminal Code
does not apply to an offence against this Schedule.
Part 2—Classification of content
Division 1—Prohibited content and potential prohibited content
20
Prohibited content
Content other than eligible electronic publications
(1) For the purposes of this Schedule, content
(other than content that consists of an eligible electronic publication) is prohibited
content if:
(a) the content has been classified RC
or X 18+ by the Classification Board; or
(b) both:
(i) the content has been
classified R 18+ by the Classification Board; and
(ii) access to the content
is not subject to a restricted access system; or
(c) all of the following conditions
are satisfied:
(i) the content has been
classified MA 15+ by the Classification Board;
(ii) access to the content
is not subject to a restricted access system;
(iii) the content does not
consist of text and/or one or more still visual images;
(iv) access to the content
is provided by means of a content service (other than a news service or a
current affairs service) that is operated for profit or as part of a profit‑making
enterprise;
(v) the content service is
provided on payment of a fee (whether periodical or otherwise);
(vi) the content service is
not an ancillary subscription television content service; or
(d) all of the following conditions
are satisfied:
(i) the content has been
classified MA 15+ by the Classification Board;
(ii) access to the content
is not subject to a restricted access system;
(iii) access to the content
is provided by means of a mobile premium service.
Eligible electronic publications
(2) For the purposes of this Schedule,
content that consists of an eligible electronic publication is prohibited
content if the content has been classified RC, category 2 restricted or
category 1 restricted by the Classification Board.
Note: The classification of an eligible electronic
publication is the same as the classification of the corresponding print
publication—see clause 24.
21
Potential prohibited content
(1) For the purposes of this Schedule,
content is potential prohibited content if:
(a) the content has not been
classified by the Classification Board; and
(b) if the content were to be
classified by the Classification Board, there is a substantial likelihood that
the content would be prohibited content.
(2) However, content is not potential
prohibited content if:
(a) the content consists of an
eligible electronic publication; and
(b) the content has not been
classified by the Classification Board; and
(c) if the content were to be
classified by the Classification Board, there is no substantial likelihood that
the content would be classified RC or category 2 restricted.
Note: The classification of an eligible electronic
publication is the same as the classification of the corresponding print
publication—see clause 24.
(3) In determining whether particular content
is potential prohibited content, it is to be assumed that this Schedule
authorised the Classification Board to classify the content.
Division 2—Classification of content
22
Applications for classification of content
(1) Any of the following persons may apply to
the Classification Board for classification of content under this Schedule:
(a) in the case of content that has
been, or is being, hosted by a hosting service—the hosting service provider
concerned; or
(b) in the case of content that a
hosting service provider is considering whether to host—the hosting service
provider; or
(c) in the case of content that has
been, or is being, delivered to, or accessed by, an end‑user of a content
service—the content service provider concerned; or
(d) in the case of content that a
content service provider is considering whether to deliver to, or make
available for access by, an end‑user of the content service concerned—the
content service provider; or
(e) in the case of content that has
been, or can be, accessed using a link provided by a links service—the links
service provider concerned; or
(f) in the case of content where a
links service provider is considering delivering, or making available for
access, a link that will enable end‑users to access the content—the links
service provider; or
(g) in any case—the ACMA.
(2) An application must be:
(a) in writing; and
(b) made in a form approved in writing
by the Director of the Classification Board; and
(c) signed by or on behalf of the
applicant; and
(d) accompanied by:
(i) the fee ascertained
under clause 27; and
(ii) a copy of the content.
Note: For special rules about classification of live
content, see clause 10.
23
Classification of content
If an application for classification of
content is made under clause 22, the Classification Board must:
(a) classify the content in accordance
with whichever of clauses 24 and 25 is applicable; and
(b) notify the applicant in writing of
the classification of the content.
24
Classification of content that consists of a film, a computer game or an
eligible electronic publication
Deemed classification
(1) If:
(a) content consists of:
(i) the entire unmodified
contents of a film; or
(ii) a computer game; and
(b) the film or computer game has been
classified under the Classification (Publications, Films and Computer Games)
Act 1995;
the content is taken to have been classified by the
Classification Board under this Schedule in the same way as the film or the
computer game, as the case may be, was classified under that Act.
(2) If:
(a) content consists of an eligible
electronic publication; and
(b) the corresponding print
publication has been classified under the Classification (Publications, Films
and Computer Games) Act 1995;
the content is taken to have been classified by the
Classification Board under this Schedule in the same way as the corresponding
print publication was classified under that Act.
Actual classification
(3) If:
(a) content consists of:
(i) the entire unmodified
contents of a film; or
(ii) a computer game; and
(b) the film or computer game has not
been classified under the Classification (Publications, Films and Computer
Games) Act 1995;
the Classification Board is to classify the content under
this Schedule in a corresponding way to the way in which the film or computer
game, as the case may be, would be classified under the Classification
(Publications, Films and Computer Games) Act 1995.
(4) If:
(a) content consists of an eligible
electronic publication; and
(b) the corresponding print
publication has not been classified under the Classification (Publications,
Films and Computer Games) Act 1995;
the Classification Board is to classify the content under
this Schedule in a corresponding way to the way in which the corresponding
print publication would be classified under the Classification
(Publications, Films and Computer Games) Act 1995.
25
Classification of content that does not consist of a film, a computer game or
an eligible electronic publication
If content does not consist of:
(a) the entire unmodified contents of
a film; or
(b) a computer game; or
(c) an eligible electronic
publication;
the Classification Board is to classify the content under
this Schedule in a corresponding way to the way in which a film would be
classified under the Classification (Publications, Films and Computer Games)
Act 1995.
26
Deemed classification of content classified under Schedule 5
If content has been classified by the
Classification Board under Schedule 5 (otherwise than because of repealed
subclause 12(1) of that Schedule), the content is taken, for the purposes of
this Schedule, to have been classified by the Classification Board under this
Schedule in the same way as the content was classified under Schedule 5.
27
Fees
(1) A person who makes an application under
clause 22 is liable to pay a fee.
(2) The amount of a fee payable under
subclause (1) is ascertained under whichever of subclauses (3), (4),
(5) and (6) is applicable.
Films
(3) If content consists of the entire
unmodified contents of a film, regulations prescribing fees for the purposes of
paragraph 14(1)(d) of the Classification (Publications, Films and Computer
Games) Act 1995 apply, subject to such modifications (if any) as are
specified in regulations made for the purposes of this subclause, in relation
to the classification under this Schedule of the content in a corresponding way
to the way in which they apply to the classification under that Act of the film.
Computer games
(4) If content consists of a computer game,
regulations prescribing fees for the purposes of paragraph 17(1)(d) of the Classification
(Publications, Films and Computer Games) Act 1995 apply, subject to such
modifications (if any) as are specified in regulations made for the purposes of
this subclause, in relation to the classification under this Schedule of the
content in a corresponding way to the way in which they apply to the
classification under that Act of the computer game.
Eligible electronic publications
(5) If content consists of an eligible
electronic publication, regulations prescribing fees for the purposes of
paragraph 13(1)(d) of the Classification (Publications, Films and Computer
Games) Act 1995 apply, subject to such modifications (if any) as are
specified in regulations made for the purposes of this subclause, in relation
to the classification under this Schedule of the content in a corresponding way
to the way in which they apply to the classification under that Act of the
corresponding print publication.
Content other than films, computer games or eligible
electronic publications
(6) If content does not consist of:
(a) the entire unmodified contents of
a film; or
(b) a computer game; or
(c) an eligible electronic publication;
regulations prescribing fees for the purposes of paragraph
14(1)(d) of the Classification (Publications, Films and Computer Games) Act
1995 apply, subject to such modifications (if any) as are specified in
regulations made for the purposes of this subclause, in relation to the
classification under this Schedule of the content in a corresponding way to the
way in which they apply to the classification under that Act of a film.
Fees must not be such as to amount to taxation
(7) A fee under subclause (1) must not
be such as to amount to taxation.
Definitions
(8) In this clause:
modifications includes additions, omissions
and substitutions.
Division 3—Reclassification
28
Reclassification of content
(1) If content has been classified by the Classification
Board (otherwise than because of subclause 24(1) or (2)):
(a) the Classification Board must not
reclassify the content within the 2‑year period beginning on the day on
which the classification occurred; and
(b) after that 2‑year period,
the Classification Board may reclassify the content.
(2) The Classification Board may act under
paragraph (1)(b):
(a) if required to do so by:
(i) the Minister; or
(ii) the ACMA; or
(iii) if another person
applied, under clause 22, for classification of the content—the other
person; or
(b) on the Classification Board’s own
initiative.
(3) If the Classification Board is required
to act under paragraph (1)(b), the Classification Board must do so.
(4) If content is reclassified by the
Classification Board, the Classification Board must give written notification
to the following persons accordingly:
(a) the Minister;
(b) the ACMA;
(c) if another person applied, under
clause 22, for classification of the content—the other person.
29
Notice of intention to reclassify content
(1) If:
(a) content has been classified by the
Classification Board (otherwise than because of subclause 24(1) or (2)); and
(b) the Classification Board intends
to reclassify the content;
then:
(c) the Director of the Classification
Board must give notice of that intention, inviting submissions about the
matter; and
(d) the Director of the Classification
Board must cause the contents of the notice to be published, in such manner as
the Director decides, at least 30 days before the Classification Board proposes
to consider the matter; and
(e) the Director of the Classification
Board must give a copy of the notice to:
(i) the Minister; and
(ii) the ACMA; and
(iii) if another person
applied, under clause 22, for classification of the content—the other
person;
at least 30 days before the
Classification Board proposes to consider the matter.
(2) A notice under paragraph (1)(c) must
specify the day on which the Board proposes to consider the matter.
(3) The matters that the Classification Board
is to take into account in reclassifying the content include issues raised in
submissions made to the Classification Board about the matter.
Division 4—Review of classification decisions
Subdivision A—Review of classification of content
30 Persons
who may apply for review
(1) If content has been classified by the
Classification Board (otherwise than because of subclause 24(1) or (2)), any of
the following persons may apply to the Classification Review Board for a review
of the classification:
(a) the Minister;
(b) the ACMA;
(c) if a person other than the ACMA
applied, under clause 22, for classification of the content—the other
person;
(d) a person aggrieved by the
classification.
(2) Without limiting paragraph (1)(d),
if the classification referred to in that paragraph is a restricted
classification, the following persons or bodies are taken to be persons
aggrieved by the classification:
(a) a person who has engaged in a
series of activities relating to, or research into, the contentious aspects of
the theme or subject matter of the content concerned;
(b) an organisation or association,
whether incorporated or not, whose objects or purposes include, and whose
activities relate to, the contentious aspects of that theme or subject matter.
(3) However, a person or body is not
aggrieved by a restricted classification because of subclause (2) if the
classification was made before:
(a) the person engaged in a series of
activities relating to, or research into, the contentious aspects of the theme
or subject matter of the content concerned; or
(b) the organisation or association
was formed, or its objects or purposes included and its activities related to,
the contentious aspects of that theme or subject matter.
(4) In this
clause:
restricted
classification means:
(a) for content that does not consist
of a computer game or an eligible electronic publication—the classification MA
15+, R 18+, X 18+ or RC; or
(b) for content that consists of a
computer game—the classification MA 15+ or RC; or
(c) for content that consists of an
eligible electronic publication—the classification category 1 restricted,
category 2 restricted or RC.
31
Applications for review
(1) An application for review of a
classification must be:
(a) in writing; and
(b) made in a form approved in writing
by the Convenor of the Classification Review Board; and
(c) signed by or on behalf of the
applicant; and
(d) except for an application made by
the Minister—accompanied by the fee ascertained under subclause (4).
(2) An application by the Minister or the
ACMA for review of a classification may be made at any time.
(3) Any other application for review of a
classification must be made:
(a) within 30 days after the applicant
is notified of the classification; or
(b) within such longer period as the
Classification Review Board allows.
(4) If:
(a) the applicant for a review of the
classification of content is not covered by paragraph 30(1)(c); and
(b) a person other than the ACMA
applied, under clause 22, for classification of the content;
the Convenor of the Classification Review Board must
notify the person mentioned in paragraph (b), in writing, of:
(c) the application for review; and
(d) the day on which it will be
considered.
(5) Regulations prescribing fees for the
purposes of paragraph 43(1)(d) of the Classification (Publications, Films
and Computer Games) Act 1995 apply, subject to such modifications (if any)
as are specified in regulations made for the purposes of this subclause, to a
review of a classification under this Schedule in a corresponding way to the
way in which they apply to a review of a classification under that Act.
(6) A fee under subclause (1) must not
be such as to amount to taxation.
(7) In this clause:
modifications includes additions, omissions
and substitutions.
32
Classification Review Board may refuse to deal with review applications that
are frivolous etc.
If the applicant for a review of the
classification of content is covered by paragraph 30(1)(d), the Classification
Review Board may refuse to deal with the application, or to deal further with
the application, if the Classification Review Board is satisfied that the
application is:
(a) frivolous; or
(b) vexatious; or
(c) not made in good faith.
33 Review
(1) For the purposes of reviewing a
classification of content, the Classification Review Board:
(a) may exercise all the powers and
discretions that are conferred on the Classification Board by this Schedule;
and
(b) must make a decision in writing
classifying the content.
(2) If the Classification Review Board
classifies the content, this Schedule (other than this Subdivision) and
Schedule 5 have effect as if the content had been reclassified by the
Classification Board.
Subdivision B—Review of content that consists of a film or a computer game
34
Review of classification of content that consists of a film or a computer game
If:
(a) content consists of:
(i) the entire unmodified
contents of a film; or
(ii) a computer game; and
(b) the film or computer game has been
classified under the Classification (Publications, Films and Computer Games)
Act 1995; and
(c) the decision to classify the film
or computer game is reviewed by the Classification Review Board under that Act;
and
(d) as a result of the review, the
Classification Review Board classifies the film or computer game under that
Act;
this Schedule and Schedule 5 have effect as if the
film or computer game had been reclassified by the Classification Board under
this Schedule in the same way as the film or computer game was classified under
that Act by the Classification Review Board.
Subdivision C—Review of content that consists of an eligible electronic
publication
35
Review of classification of content that consists of an eligible electronic
publication
If:
(a) content consists of an eligible
electronic publication; and
(b) the corresponding print
publication has been classified under the Classification (Publications,
Films and Computer Games) Act 1995; and
(c) the decision to classify the
corresponding print publication is reviewed by the Classification Review Board
under that Act; and
(d) as a result of the review, the
Classification Review Board classifies the corresponding print publication
under that Act;
this Schedule and Schedule 5 have effect as if the corresponding
print publication had been reclassified by the Classification Board under this
Schedule in the same way as the corresponding print publication was classified
under that Act by the Classification Review Board.
Division 5—Miscellaneous
36 Decisions
of the Classification Board etc.
(1) Section 57 of the Classification
(Publications, Films and Computer Games) Act 1995 applies to the
consideration by the Classification Board of a matter arising under this
Schedule in a corresponding way to the way in which it applies to the
consideration of an application under that Act.
(2) To avoid doubt, sections 10, 19, 20,
22, 23A, 24, 25, 26, 27, 28 and 44A, and Division 6 of Part 2, of the
Classification (Publications, Films and Computer Games) Act 1995 do not
apply to a classification under this Schedule.
Part 3—Complaints to, and investigations by, the ACMA
Division 1—Making of complaints to the ACMA
37
Complaints about prohibited content or potential prohibited content
Complaints about access to prohibited content or
potential prohibited content
(1) If a person has reason to believe that
end‑users in Australia can access prohibited content or potential
prohibited content provided by a content service, the person may make a
complaint to the ACMA about the matter.
Complaints about hosting services
(2) If a person has reason to believe that a
hosting service is:
(a) hosting prohibited content; or
(b) hosting potential prohibited
content;
the person may make a complaint to the ACMA about the
matter.
Complaints about links services
(3) If a person has reason to believe that
end‑users in Australia can access prohibited content or potential
prohibited content using a link provided by a links service, the person may
make a complaint to the ACMA about the matter.
Content of complaint
(4) A complaint under subclause (1), (2)
or (3) about particular content must:
(a) identify the content; and
(b) if the content is stored
content—set out how to access the content (for example: set out a URL, a
password, or the name of a newsgroup); and
(c) if:
(i) the content is stored
content; and
(ii) the complainant knows
the country or countries in which the content is hosted;
set out the name of that country
or those countries; and
(d) if the content is live content—set
out details of how the content was accessed (for example: set out a URL or a
password); and
(e) if:
(i) the content is live
content; and
(ii) the complainant
believes that a particular incident depicted by the live content is sufficient
to characterise the content as prohibited content or potential prohibited
content;
set out the date and approximate
time when that incident occurred; and
(f) set out the complainant’s reasons
for believing that the content is prohibited content or potential prohibited
content; and
(g) set out such other information (if
any) as the ACMA requires.
(5) The rule in paragraph (4)(b) does
not apply to a complaint to the extent (if any) to which finding out how to
access the content would cause the complainant to contravene a law of the
Commonwealth, a State or a Territory.
(6) The rule in paragraph (4)(d) does
not apply to a complaint to the extent (if any) to which finding out how the
content was accessed would cause the complainant to contravene a law of the
Commonwealth, a State or a Territory.
Timing of complaint about live content
(7) If:
(a) a person makes a complaint under
subclause (1) about live content; and
(b) the person believes that a
particular incident depicted in the live content is sufficient to characterise
the content as prohibited content or potential prohibited content;
the complaint must be made within 60 days after the
occurrence of the incident.
Transitional
(8) A person is not entitled to make a
complaint under subclause (1), (2) or (3) about something that occurred
before the commencement of this clause.
38
Complaints relating to breach of a designated content/hosting service provider
rule etc.
(1) If a person (the first person)
has reason to believe that another person has:
(a) breached a designated
content/hosting service provider rule that applies to the other person; or
(b) committed an offence against this
Schedule; or
(c) breached a civil penalty provision
of this Schedule;
the first person may make a complaint to the ACMA about the
matter.
(2) If a person has reason to believe that a
participant in the content industry (within the meaning of Part 4 of this
Schedule) has breached a code registered under that Part that is applicable to
the participant, the person may make a complaint to the ACMA about the matter.
39
Form of complaint
(1) A complaint under this Division is to be
in writing.
(2) However, the ACMA may permit complaints
to be given, in accordance with specified software requirements, by way of a
specified kind of electronic transmission.
40
Recordings of live content
(1) If:
(a) a complaint under subclause 37(1)
about live content is accompanied by a recording of:
(i) the live content; or
(ii) a segment of the live
content; and
(b) the complainant made the recording;
neither making the recording, nor giving the recording to
the ACMA, is taken to have infringed copyright.
(2) Subclause (1) does not apply if:
(a) the ACMA is satisfied that the
complaint is:
(i) frivolous; or
(ii) vexatious; or
(iii) not made in good
faith; or
(b) the ACMA has reason to believe
that the complaint was made for the purpose, or for purposes that include the
purpose, of frustrating or undermining the effective administration of this
Schedule; or
(c) the making of the recording would
cause the complainant to contravene:
(i) a law of the
Commonwealth (other than the Copyright Act 1968); or
(ii) a law of a State; or
(iii) a law of a Territory.
41
Residency etc. of complainant
A person is not entitled to make a
complaint under this Division unless the person is:
(a) an individual who resides in Australia;
or
(b) a body corporate that carries on
activities in Australia; or
(c) the Commonwealth, a State or a
Territory.
42
Escalation of complaints made under industry codes etc.
(1) This clause applies if:
(a) a person has made a complaint
under:
(i) an industry code
registered under Part 4; or
(ii) an industry standard
determined under Part 4; or
(iii) a designated
content/hosting service provider determination; and
(b) the complaint is about a
particular matter; and
(c) the person could have made a
complaint about the matter under subclause 37(1), (2) or (3) or 38(1) or (2);
and
(d) the complaint is referred to the
ACMA under the code, standard or determination.
(2) This Part has effect as if the complaint
mentioned in paragraph (1)(a) had been made under subclause 37(1), (2) or
(3) or 38(1) or (2), as the case requires.
Division 2—Investigations by the ACMA
43
Investigation of complaints by the ACMA
(1) The ACMA must investigate a complaint
under Division 1.
(2) Subclause (1) has effect subject to
subclauses (3), (4) and (6).
(3) The ACMA need not investigate a complaint
if:
(a) the ACMA is satisfied that the
complaint is:
(i) frivolous; or
(ii) vexatious; or
(iii) not made in good
faith; or
(b) the ACMA has reason to believe
that the complaint was made for the purpose, or for purposes that include the
purpose, of frustrating or undermining the effective administration of this
Schedule.
(4) The ACMA need not investigate, or
continue to investigate, a complaint about a matter if:
(a) a complaint about the matter has
been, or could have been, made under:
(i) an industry code
registered under Part 4; or
(ii) an industry standard
determined under Part 4; or
(iii) a designated
content/hosting service provider determination; and
(b) clause 42 does not apply to
the first‑mentioned complaint.
(5) The ACMA must notify the complainant of
the results of an investigation under this clause.
(6) The ACMA may terminate an investigation
under this clause if it is of the opinion that it does not have sufficient
information to conclude the investigation.
44
ACMA may investigate matters on its own initiative
The ACMA may investigate any of the
following matters if the ACMA thinks that it is desirable to do so:
(a) whether end‑users in Australia
can access prohibited content or potential prohibited content provided by a
content service;
(b) whether a hosting service is
hosting prohibited content or potential prohibited content;
(c) whether end‑users in Australia
can access prohibited content or potential prohibited content using a link
provided by a links service;
(d) whether a person has breached a
designated content/hosting service provider rule that applies to the person;
(e) whether a person has committed an
offence against this Schedule;
(f) whether a person has breached a
civil penalty provision of this Schedule;
(g) whether a participant in the
content industry (within the meaning of Part 4 of this Schedule) has breached
a code registered under that Part that is applicable to the participant.
45
Conduct of investigations
(1) An investigation under this Division is
to be conducted as the ACMA thinks fit.
(2) The ACMA may, for the purposes of an
investigation, obtain information from such persons, and make such inquiries,
as it thinks fit.
(3) This clause has effect subject to
Part 13 of this Act (which confers certain investigative powers on the
ACMA).
46
Protection from civil proceedings
Civil proceedings do not lie against a
person in respect of loss, damage or injury of any kind suffered by another
person because of any of the following acts done in good faith:
(a) the making of a complaint under
Division 1;
(b) the making of a statement to, or
the giving of a document or information to, the ACMA in connection with an
investigation under this Division.
Division 3—Action to be taken in relation to hosting services
47
Action to be taken in relation to hosting services
Prohibited content
(1) If, in the course of an investigation
under Division 2, the ACMA is satisfied that:
(a) content hosted by a hosting
service provider is prohibited content; and
(b) the relevant hosting service has
an Australian connection;
the ACMA must:
(c) if:
(i) the content does not
consist of an eligible electronic publication; and
(ii) the content has been
classified RC or X 18+ by the Classification Board;
give the hosting service
provider a written notice (a final take‑down notice)
directing the hosting service provider to take such steps as are necessary to
ensure that a type A remedial situation exists in relation to the content; or
(d) if:
(i) the content does not
consist of an eligible electronic publication; and
(ii) the content has been
classified R 18+ or MA 15+ by the Classification Board;
give the hosting service
provider a written notice (a final take‑down notice)
directing the hosting service provider to take such steps as are necessary to
ensure that a type B remedial situation exists in relation to the content; or
(e) if:
(i) the content consists
of an eligible electronic publication; and
(ii) the content has been
classified RC, category 2 restricted or category 1 restricted by the
Classification Board;
give the hosting service
provider a written notice (a final take‑down notice)
directing the hosting service provider to take such steps as are necessary to
ensure that a type A remedial situation exists in relation to the content.
Note 1: For type A remedial situation,
see subclause (6).
Note 2: For type B remedial situation,
see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) content hosted by a
hosting service provider is potential prohibited content; and
(ii) the relevant hosting
service has an Australian connection; and
(b) the ACMA is satisfied that, if the
content were to be classified by the Classification Board, there is a
substantial likelihood that:
(i) if the content does
not consist of an eligible electronic publication—the content would be
classified RC or X 18+; or
(ii) if the content
consists of an eligible electronic publication—the content would be classified
RC or category 2 restricted;
the ACMA must:
(c) give the hosting service provider
a written notice (an interim take‑down notice) directing
the provider to take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the content until the ACMA notifies
the hosting service provider under subclause (4) of the Classification
Board’s classification of the content; and
(d) apply to the Classification Board
under clause 22 for classification of the content.
Note: For type A remedial situation,
see subclause (6).
(3) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) content hosted by a
hosting service provider is potential prohibited content; and
(ii) the relevant hosting
service has an Australian connection; and
(b) the content does not consist of an
eligible electronic publication; and
(c) the ACMA is satisfied that, if the
content were to be classified by the Classification Board, there is a
substantial likelihood that the content would be classified R 18+ or MA 15+;
the ACMA must:
(d) give the hosting service provider
a written notice (an interim take‑down notice) directing
the provider to take such steps as are necessary to ensure that a type B
remedial situation exists in relation to the content until the ACMA notifies
the hosting service provider under subclause (4) of the Classification
Board’s classification of the content; and
(e) apply to the Classification Board
under clause 22 for classification of the content.
Note: For type B remedial situation,
see subclause (7).
(4) If, in response to an application made as
required by subclause (2) or (3), the ACMA is informed under paragraph
23(b) of the classification of particular content, the ACMA must:
(a) give the relevant hosting service
provider a written notice setting out the classification; and
(b) in a case where:
(i) the content does not
consist of an eligible electronic publication; and
(ii) the effect of the
classification is that the content is prohibited content because it has been
classified RC or X 18+ by the Classification Board;
give the hosting service
provider a written notice (a final take‑down notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content; and
(c) in a case where:
(i) the content does not consist
of an eligible electronic publication; and
(ii) the effect of the
classification is that the content is prohibited content because it has been
classified R 18+ or MA 15+ by the Classification Board;
give the hosting service
provider a written notice (a final take‑down notice)
directing the provider to take such steps as are necessary to ensure that a
type B remedial situation exists in relation to the content; and
(d) in a case where:
(i) the content consists
of an eligible electronic publication; and
(ii) the effect of the
classification is that the content is prohibited content because it has been
classified RC, category 2 restricted or category 1 restricted by the
Classification Board;
give the hosting service
provider a written notice (a final take‑down notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content.
Note 1: For type A remedial situation,
see subclause (6).
Note 2: For type B remedial situation,
see subclause (7).
(5) If the ACMA makes a decision under
subclause (2) or (3) to apply to the Classification Board for
classification of content, the ACMA must give the relevant hosting service
provider a written notice setting out the decision.
Type A remedial situation
(6) For the purposes of the application of
this clause to a hosting service provider, a type A remedial situation exists
in relation to content at a particular time if:
(a) the provider does not host the
content; or
(b) the content is not provided by a
content service provided to the public (whether on payment of a fee or
otherwise).
Type B remedial situation
(7) For the purposes of the application of
this clause to a hosting service provider, a type B remedial situation exists
in relation to content at a particular time if:
(a) the provider does not host the
content; or
(b) the content is not provided by a
content service provided to the public (whether on payment of a fee or
otherwise); or
(c) access to the content is subject
to a restricted access system.
48
Revocation of interim take‑down notices—voluntary withdrawal of content
(1) If:
(a) an interim take‑down notice
relating to particular content is applicable to a particular hosting service
provider; and
(b) before the Classification Board
classifies the content, the provider:
(i) ceases to host the
content; and
(ii) gives the ACMA a
written undertaking not to host the content;
the ACMA may:
(c) accept the undertaking; and
(d) revoke the interim take‑down
notice; and
(e) by written notice given to the
Classification Board, determine that the Classification Board is not required
to comply with clause 23 in relation to the classification of the content.
(2) If an interim take‑down notice is
revoked under this clause, the ACMA must give the hosting service provider
concerned a written notice stating that the interim take‑down notice has
been revoked.
49
Revocation of final take‑down notices—reclassification of content
(1) If:
(a) content has been classified by the
Classification Board (otherwise than because of subclause 24(1) or (2)); and
(b) a final take‑down notice
relating to the content is applicable to a particular hosting service provider;
and
(c) the Classification Board
reclassifies the content; and
(d) as a result of the
reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final take‑down notice.
(2) If a final take‑down notice is
revoked under this clause, the ACMA must give the hosting service provider
concerned a written notice stating that the final take‑down notice has
been revoked.
50
Revocation of final take‑down notices—reclassification of content that
consists of a film or a computer game
(1) If:
(a) content consists of:
(i) the entire unmodified
contents of a film; or
(ii) a computer game; and
(b) the Classification Board
reclassifies the film or computer game under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) a final take‑down notice
relating to the content is applicable to a particular hosting service provider;
and
(d) as a result of the
reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final take‑down notice.
(2) If a final take‑down notice is
revoked under this clause, the ACMA must give the hosting service provider
concerned a written notice stating that the final take‑down notice has
been revoked.
51
Revocation of final take‑down notices—reclassification of a corresponding
print publication
(1) If:
(a) content consists of an eligible
electronic publication; and
(b) the Classification Board
reclassifies the corresponding print publication under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) a final take‑down notice
relating to the content is applicable to a particular hosting service provider;
and
(d) as a result of the
reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final take‑down notice.
(2) If a final take‑down notice is
revoked under this clause, the ACMA must give the hosting service provider
concerned a written notice stating that the final take‑down notice has
been revoked.
52
Anti‑avoidance—special take‑down notices
(1) If:
(a) an interim take‑down notice
or a final take‑down notice relating to particular content is applicable
to a particular hosting service provider; and
(b) the ACMA is satisfied that the
hosting service provider is hosting, or is proposing to host, content (the similar
content) that is the same as, or substantially similar to, the content
identified in the interim take‑down notice or the final take‑down
notice, as the case may be; and
(c) the
ACMA is satisfied that the similar content is prohibited content or potential
prohibited content;
the ACMA may:
(d) if the interim take‑down
notice or final take‑down notice, as the case may be, was given under
paragraph 47(1)(c), (1)(e), (2)(c), (4)(b) or (4)(d) of this Schedule—give the
hosting service provider a written notice (a special take‑down
notice) directing the provider to take all reasonable steps to ensure
that a type A remedial situation exists in relation to the similar content at
any time when the interim take‑down notice or final take‑down
notice, as the case may be, is in force; or
(e) in any other case—give the hosting
service provider a written notice (a special take‑down notice)
directing the provider to take all reasonable steps to ensure that a type B
remedial situation exists in relation to the similar content at any time when
the interim take‑down notice or final take‑down notice, as the case
may be, is in force.
Note 1: For type A remedial situation,
see subclause (2).
Note 2: For type B remedial situation,
see subclause (3).
Type A remedial situation
(2) For the purposes of the application of
this clause to a hosting service provider, a type A remedial situation exists
in relation to the similar content at a particular time if:
(a) the provider does not host the
similar content; or
(b) the similar content is not
provided by a content service provided to the public (whether on payment of a
fee or otherwise).
Type B remedial situation
(3) For the purposes of the application of
this clause to a hosting service provider, a type B remedial situation exists
in relation to content at a particular time if:
(a) the provider does not host the
similar content; or
(b) the similar content is not
provided by a content service provided to the public (whether on payment of a
fee or otherwise); or
(c) access to the similar content is
subject to a restricted access system.
53
Compliance with rules relating to prohibited content etc.
Interim take‑down notice
(1) A hosting service provider must comply
with an interim take‑down notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day, after the
notice was given to the provider.
Final take‑down notice
(2) A hosting service provider must comply
with a final take‑down notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day, after the
notice was given to the provider.
Special take‑down notice
(3) A hosting service provider must comply
with a special take‑down notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day, after the notice
was given to the provider.
(4) In proceedings relating to a
contravention of subclause (3), it is a defence if the hosting service
provider proves:
(a) that the provider did not know;
and
(b) that the provider could not, with
reasonable diligence, have ascertained;
that the relevant content was prohibited content or
potential prohibited content.
Note: In criminal proceedings, a defendant bears a
legal burden in relation to the matters in subclause (4)—see
section 13.4 of the Criminal Code.
Undertaking
(5) A hosting service provider must comply
with an undertaking given by the provider and accepted under clause 48.
Designated content/hosting service provider rule
(6) Subclauses (1), (2), (3) and (5) are
designated content/hosting service provider rules.
54
Identification of content
Content may be identified in a notice
under this Division:
(a) by setting out the content; or
(b) by describing the content; or
(c) in any other way.
55
Application of notices under this Division
If a notice under this Division relates
to particular Internet content, the notice applies to the content only to the
extent to which the content is accessed, or available for access, from an
Internet site, or a distinct part of an Internet site, specified in the notice.
Note: For specification by class, see subsection
46(3) of the Acts Interpretation Act 1901.
Division 4—Action to be taken in relation to live content services
56
Action to be taken in relation to live content services
Prohibited content
(1) If, in the course of an investigation
under Division 2, the ACMA is satisfied that:
(a) live content provided by a live
content service is prohibited content; and
(b) the live content service has an
Australian connection;
the ACMA must:
(c) if the content has been classified
RC or X 18+ by the Classification Board—give the live content service provider
a written notice (a final service‑cessation notice)
directing the live content service provider to take such steps as are necessary
to ensure that a type A remedial situation exists in relation to the live
content service; or
(d) if the content has been classified
R 18+ or MA 15+ by the Classification Board—give the live content service
provider a written notice (a final service‑cessation notice)
directing the live content service provider to take such steps as are necessary
to ensure that a type B remedial situation exists in relation to the live
content service.
Note 1: For type A remedial situation,
see subclause (6).
Note 2: For type B remedial situation,
see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) live content provided
by a live content service is potential prohibited content; and
(ii) the live content
service has an Australian connection; and
(b) the ACMA is satisfied that, if the
content were to be classified by the Classification Board, there is a
substantial likelihood that the content would be classified RC or X 18+; and
(c) the ACMA has:
(i) a recording of the
content; or
(ii) a copy of such a
recording;
the ACMA must:
(d) give the live content service
provider a written notice (an interim service‑cessation notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the live content service until
the ACMA notifies the live content provider under subclause (4) of the
Classification Board’s classification of the content; and
(e) apply to the Classification Board
under clause 22 for classification of the content.
Note: For type A remedial situation,
see subclause (6).
(3) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) live content provided
by a live content service is potential prohibited content; and
(ii) the live content
service has an Australian connection; and
(b) the ACMA is satisfied that, if the
content were to be classified by the Classification Board, there is a
substantial likelihood that the content would be classified R 18+ or MA 15+;
and
(c) the ACMA has:
(i) a recording of the
content; or
(ii) a copy of such a
recording;
the ACMA must:
(d) give the live content service
provider a written notice (an interim service‑cessation notice)
directing the provider to take such steps as are necessary to ensure that a
type B remedial situation exists in relation to the live content service until
the ACMA notifies the live content provider under subclause (4) of the
Classification Board’s classification of the content; and
(e) apply to the Classification Board
under clause 22 for classification of the content.
Note: For type B remedial situation,
see subclause (7).
(4) If, in response to an application made as
required by subclause (2) or (3), the ACMA is informed under paragraph
23(b) of the classification of particular content, the ACMA must:
(a) give the relevant live content
service provider a written notice setting out the classification; and
(b) in a case where the effect of the
classification is that the content is prohibited content because it has been
classified RC or X 18+ by the Classification Board—give the live content
service provider a written notice (a final service‑cessation notice)
directing the provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the live content service; and
(c) in a case where the effect of the
classification is that the content is prohibited content because it has been
classified R 18+ or MA 15+ by the Classification Board—give the live content
service provider a written notice (a final service‑cessation notice)
directing the provider to take such steps as are necessary to ensure that a
type B remedial situation exists in relation to the live content service.
Note 1: For type A remedial situation,
see subclause (6).
Note 2: For type B remedial situation,
see subclause (7).
(5) If the ACMA makes a decision under
subclause (2) or (3) to apply to the Classification Board under
clause 22 for classification of content, the ACMA must give the relevant
live content service provider a written notice setting out the decision.
Type A remedial situation
(6) For the purposes of the application of
this clause to a live content service provider, a type A remedial
situation exists in relation to a live content service if the provider
does not provide the live content service.
Type B remedial situation
(7) For the purposes of the application of
this clause to a live content service provider, a type B remedial
situation exists in relation to a live content service if:
(a) the provider does not provide the
live content service; or
(b) access to any R 18+ or MA 15+
content provided by the live content service is subject to a restricted access
system.
57
Undertaking—alternative to service‑cessation notice
(1) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) live content provided
by a live content service is prohibited content or potential prohibited
content; and
(ii) the live content
service has an Australian connection; and
(b) apart from this subclause, the
ACMA would be required to take action under subclause 56(1), (2) or (3) in
relation to the content; and
(c) the live content service provider
concerned gives the ACMA a written undertaking relating to the live content
service;
then:
(d) the ACMA may accept the
undertaking; and
(e) if the ACMA accepts the
undertaking—the ACMA is not required to take action under subclause 56(1), (2)
or (3) in relation to the content.
(2) Subclause (1) has effect despite
anything in clause 56.
58
Revocation of service‑cessation notices—undertaking
(1) If:
(a) a final service‑cessation
notice or interim service‑cessation notice is applicable to a particular
live content service provider; and
(b) the provider gives the ACMA a written
undertaking relating to the live content service concerned;
the ACMA may:
(c) accept the undertaking; and
(d) revoke the final service‑cessation
notice or interim service‑cessation notice; and
(e) in the case of an interim service‑cessation
notice—by written notice given to the Classification Board, determine that the
Classification Board is not required to comply with clause 23 in relation
to the classification of the content concerned.
(2) If a final service‑cessation notice
or interim service‑cessation notice is revoked under this clause, the
ACMA must give the live content service provider concerned a written notice
stating that the notice has been revoked.
59
Revocation of final service‑cessation notices—reclassification of content
(1) If:
(a) content has been classified by the
Classification Board (otherwise than because of subclause 24(1) or (2)); and
(b) a final service‑cessation
notice is applicable to a particular live content service provider; and
(c) the final service‑cessation
notice was given because the content was prohibited content; and
(d) the Classification Board
reclassifies the content; and
(e) as a result of the
reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final service‑cessation
notice.
(2) If a final service‑cessation notice
is revoked under this clause, the ACMA must give the live content service
provider concerned a written notice stating that the final service‑cessation
notice has been revoked.
59A
Anti‑avoidance—special service‑cessation notices
(1) If:
(a) an interim service‑cessation
notice or a final service‑cessation notice relating to a particular live
content service is applicable to a particular live content service provider;
and
(b) the ACMA is satisfied that the
live content service provider:
(i) is providing; or
(ii) is proposing to
provide;
another live content service
that is substantially similar to the first‑mentioned live content
service; and
(c) the ACMA is satisfied that the
other live content service:
(i) has provided; or
(ii) is providing; or
(iii) is likely to provide;
prohibited content or potential
prohibited content;
the ACMA may:
(d) if the interim service‑cessation
notice or final service‑cessation notice, as the case may be, was given
under paragraph 56(1)(c), (2)(d) or (4)(b) of this Schedule—give the live
content service provider a written notice (a special service‑cessation
notice) directing the provider to take all reasonable steps to ensure
that a type A remedial situation exists in relation to the other live content
service at any time when the interim service‑cessation notice or final
service‑cessation notice, as the case may be, is in force; or
(e) in any other case—give the live
content service provider a written notice (a special service‑cessation
notice) directing the provider to take all reasonable steps to ensure
that a type B remedial situation exists in relation to the other live content
service at any time when the interim service‑cessation notice or final
service‑cessation notice, as the case may be, is in force.
Note 1: For type A remedial situation,
see subclause (2).
Note 2: For type B remedial situation,
see subclause (3).
Type A remedial situation
(2) For the purposes of the application of
this clause to a live content service provider, a type A remedial
situation exists in relation to a live content service if the provider
does not provide the live content service.
Type B remedial situation
(3) For the purposes of the application of
this clause to a live content service provider, a type B remedial
situation exists in relation to a live content service if:
(a) the provider does not provide the
live content service; or
(b) access to any R 18+ or MA 15+
content provided by the live content service is subject to a restricted access
system.
60
Compliance with rules relating to prohibited content etc.
Interim service‑cessation notice
(1) A live content service provider must
comply with an interim service‑cessation notice that applies to the
provider as soon as practicable, and in any event by 6 pm on the next business
day, after the notice was given to the provider.
Final service‑cessation notice
(2) A live content service provider must
comply with a final service‑cessation notice that applies to the provider
as soon as practicable, and in any event by 6 pm on the next business day,
after the notice was given to the provider.
Special service‑cessation notice
(2A) A live content service provider must comply
with a special service‑cessation notice that applies to the provider as
soon as practicable, and in any event by 6 pm on the next business day, after
the notice was given to the provider.
Undertaking
(3) A live content service provider must
comply with an undertaking given by the provider and accepted under
clause 57 or 58.
Designated content/hosting service provider rule
(4) Subclauses (1), (2), (2A) and (3)
are designated content/hosting service provider rules.
61
Identification of content
Content may be identified in a notice
under this Division:
(a) by setting out the content; or
(b) by describing the content; or
(c) in any other way.
Division 5—Action to be taken in relation to links services
62
Action to be taken in relation to links services
Prohibited content
(1) If, in the course of an investigation
under Division 2, the ACMA is satisfied that:
(a) end‑users in Australia can
access content using a link provided by a links service; and
(b) the content is prohibited content;
and
(c) the links service has an
Australian connection;
the ACMA must:
(d) if:
(i) the content does not
consist of an eligible electronic publication; and
(ii) the content has been
classified RC or X 18+ by the Classification Board;
give the links service provider
a written notice (a final link‑deletion notice) directing
the links service provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content; or
(e) if:
(i) the content does not
consist of an eligible electronic publication; and
(ii) the content has been classified
R 18+ or MA 15+ by the Classification Board;
give the links service provider
a written notice (a final link‑deletion notice) directing
the links service provider to take such steps as are necessary to ensure that a
type B remedial situation exists in relation to the content; or
(f) if:
(i) the content consists
of an eligible electronic publication; and
(ii) the content has been
classified RC, category 2 restricted or category 1 restricted by the
Classification Board;
give the links service provider
a written notice (a final link‑deletion notice) directing
the links service provider to take such steps as are necessary to ensure that a
type A remedial situation exists in relation to the content.
Note 1: For type A remedial situation,
see subclause (6).
Note 2: For type B remedial situation,
see subclause (7).
Potential prohibited content
(2) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) end‑users in Australia
can access content using a link provided by a links service; and
(ii) the content is
potential prohibited content; and
(iii) the links service has
an Australian connection; and
(b) the ACMA is satisfied that, if the
content were to be classified by the Classification Board, there is a substantial
likelihood that:
(i) if the content does
not consist of an eligible electronic publication—the content would be
classified RC or X 18+; or
(ii) if the content
consists of an eligible electronic publication—the content would be classified
RC or category 2 restricted;
the ACMA must:
(c) give the links service provider a
written notice (an interim link‑deletion notice) directing
the provider to take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the content until the ACMA notifies
the links service provider under subclause (4) of the Classification
Board’s classification of the content; and
(d) apply to the Classification Board
under clause 22 for classification of the content.
Note: For type A remedial situation,
see subclause (6).
(3) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) end‑users in Australia
can access content using a link provided by a links service; and
(ii) the content is
potential prohibited content; and
(iii) the links service has
an Australian connection; and
(b) the content does not consist of an
eligible electronic publication; and
(c) the ACMA is satisfied that, if the
content were to be classified by the Classification Board, there is a
substantial likelihood that the content would be classified R 18+ or MA 15+;
the ACMA must:
(d) give the links service provider a
written notice (an interim link‑deletion notice) directing
the provider to take such steps as are necessary to ensure that a type B
remedial situation exists in relation to the content until the ACMA notifies
the links service provider under subclause (4) of the Classification
Board’s classification of the content; and
(e) apply to the Classification Board
under clause 22 for classification of the content.
Note: For type B remedial situation,
see subclause (7).
(4) If, in response to an application made as
required by subclause (2) or (3), the ACMA is informed under paragraph
23(b) of the classification of particular content, the ACMA must:
(a) give the relevant links service
provider a written notice setting out the classification; and
(b) in a case where:
(i) the content does not
consist of an eligible electronic publication; and
(ii) the effect of the
classification is that the content is prohibited content because it has been
classified RC or X 18+ by the Classification Board;
give the links service provider
a written notice (a final link‑deletion notice) directing
the provider to take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the content; and
(c) in a case where:
(i) the content does not
consist of an eligible electronic publication; and
(ii) the effect of the
classification is that the content is prohibited content because it has been
classified R 18+ or MA 15+ by the Classification Board;
give the links service provider
a written notice (a final link‑deletion notice) directing
the provider to take such steps as are necessary to ensure that a type B
remedial situation exists in relation to the content; and
(d) in a case where:
(i) the content consists
of an eligible electronic publication; and
(ii) the effect of the
classification is that the content is prohibited content because it has been
classified RC, category 2 restricted or category 1 restricted by the
Classification Board;
give the links service provider
a written notice (a final link‑deletion notice) directing
the provider to take such steps as are necessary to ensure that a type A
remedial situation exists in relation to the content.
Note 1: For type A remedial situation,
see subclause (6).
Note 2: For type B remedial situation,
see subclause (7).
(5) If the ACMA makes a decision under
subclause (2) or (3) to apply to the Classification Board under
clause 22 for classification of content, the ACMA must give the relevant
links service provider a written notice setting out the decision.
Type A remedial situation
(6) For the purposes of the application of
this clause to a links service provider, a type A remedial situation
exists in relation to particular content if:
(a) the provider ceases to provide a
link to the content using the links service concerned; or
(b) the content is not provided by a
content service provided to the public (whether on payment of a fee or
otherwise).
Type B remedial situation
(7) For the purposes of the application of
this clause to a links service provider, a type B remedial situation
exists in relation to particular content if:
(a) the provider ceases to provide a
link to the content using the links service concerned; or
(b) the content is not provided by a
content service provided to the public (whether on payment of a fee or
otherwise); or
(c) access to the content is subject
to a restricted access system.
63
Revocation of interim link‑deletion notices—voluntary deletion of link
(1) If:
(a) an interim link‑deletion
notice relating to a link to particular content is applicable to a particular
links service provider; and
(b) before the Classification Board
classifies the content, the provider:
(i) ceases to provide a
link to the content; and
(ii) gives the ACMA a
written undertaking not to provide a link to the content;
the ACMA may:
(c) accept the undertaking; and
(d) revoke the interim link‑deletion
notice; and
(e) by written notice given to the
Classification Board, determine that the Classification Board is not required
to comply with clause 23 in relation to the classification of the content.
(2) If an interim link‑deletion notice
is revoked under this clause, the ACMA must give the links service provider
concerned a written notice stating that the interim link‑deletion notice
has been revoked.
64
Revocation of final link‑deletion notices—reclassification of content
(1) If:
(a) content has been classified by the
Classification Board (otherwise than because of subclause 24(1) or (2)); and
(b) a final link‑deletion notice
relating to a link to the content is applicable to a particular links service
provider; and
(c) the Classification Board
reclassifies the content; and
(d) as a result of the
reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final link‑deletion notice.
(2) If a final link‑deletion notice is
revoked under this clause, the ACMA must give the links service provider
concerned a written notice stating that the final link‑deletion notice
has been revoked.
65
Revocation of final link‑deletion notices—reclassification of content
that consists of a film or a computer game
(1) If:
(a) content consists of:
(i) the entire unmodified
contents of a film; or
(ii) a computer game; and
(b) the Classification Board
reclassifies the film or computer game under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) a final link‑deletion notice
relating to a link to the content is applicable to a particular links service
provider; and
(d) as a result of the
reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final link‑deletion notice.
(2) If a final link‑deletion notice is
revoked under this clause, the ACMA must give the links service provider
concerned a written notice stating that the final link‑deletion notice
has been revoked.
66
Revocation of final link‑deletion notices—reclassification of a corresponding
print publication
(1) If:
(a) content consists of an eligible
electronic publication; and
(b) the Classification Board
reclassifies the corresponding print publication under the Classification
(Publications, Films and Computer Games) Act 1995; and
(c) a final link‑deletion notice
relating to a link to the content is applicable to a particular links service
provider; and
(d) as a result of the
reclassification, the content ceases to be prohibited content;
the ACMA must revoke the final link‑deletion notice.
(2) If a final link‑deletion notice is
revoked under this clause, the ACMA must give the links service provider
concerned a written notice stating that the final link‑deletion notice
has been revoked.
67
Anti‑avoidance—special link‑deletion notices
(1) If:
(a) an interim link‑deletion
notice or a final link‑deletion notice relating to particular content is
applicable to a particular links service provider; and
(b) the ACMA is satisfied that the
links service provider is providing, or is proposing to provide, a link to
content (the similar content) that is the same as, or
substantially similar to, the content identified in the interim link‑deletion
notice or the final link‑deletion notice, as the case may be; and
(c) the
ACMA is satisfied that the similar content is prohibited content or potential
prohibited content;
the ACMA may:
(d) if the interim link‑deletion
notice or the final link‑deletion notice, as the case may be, was given
under paragraph 62(1)(d), (1)(f), (2)(c), (4)(b) or (4)(d)—give the links
service provider a written notice (a special link‑deletion notice)
directing the provider to take all reasonable steps to ensure that a type A
remedial situation exists in relation to the similar content at any time when
the interim link‑deletion notice or the final link‑deletion notice,
as the case may be, is in force; or
(e) in any other case—give the links
service provider a written notice (a special link‑deletion notice)
directing the provider to take all reasonable steps to ensure that a type B
remedial situation exists in relation to the similar content at any time when
the interim link‑deletion notice or the final link‑deletion notice,
as the case may be, is in force.
Note 1: For type A remedial situation,
see subclause (2).
Note 2: For type B remedial situation,
see subclause (3).
Type A remedial situation
(2) For the purposes of the application of
this clause to a links service provider, a type A remedial situation
exists in relation to the similar content if:
(a) the provider ceases to provide a
link to the similar content using the links service concerned; or
(b) the similar content is not
provided by a content service provided to the public (whether on payment of a
fee or otherwise).
Type B remedial situation
(3) For the purposes of the application of
this clause to a links service provider, a type B remedial situation
exists in relation to the similar content if:
(a) the provider ceases to provide a
link to the similar content using the links service concerned; or
(b) the similar content is not
provided by a content service provided to the public (whether on payment of a
fee or otherwise); or
(c) access to the similar content is
subject to a restricted access system.
68
Compliance with rules relating to prohibited content etc.
Interim link‑deletion notice
(1) A links service provider must comply with
an interim link‑deletion notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day, after the
notice was given to the provider.
Final link‑deletion notice
(2) A links service provider must comply with
a final link‑deletion notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day, after the
notice was given to the provider.
Special link‑deletion notice
(3) A links service provider must comply with
a special link‑deletion notice that applies to the provider as soon as
practicable, and in any event by 6 pm on the next business day, after the
notice was given to the provider.
(4) In proceedings relating to a
contravention of subclause (3), it is a defence if the links service
provider proves:
(a) that the provider did not know;
and
(b) that the provider could not, with
reasonable diligence, have ascertained;
that the relevant content was prohibited content or
potential prohibited content.
Note: In criminal proceedings, a defendant bears a
legal burden in relation to the matters in subclause (4)—see
section 13.4 of the Criminal Code.
Undertaking
(5) A links service provider must comply with
an undertaking given by the provider and accepted under clause 63.
Designated content/hosting service provider rule
(6) Subclauses (1), (2), (3) and (5) are
designated content/hosting service provider rules.
Division 6—Law enforcement agencies
69
Referral of matters to law enforcement agencies
(1) If, in the course of an investigation
under Division 2, the ACMA is satisfied that:
(a) content is prohibited content or
potential prohibited content; and
(b) the content is of a sufficiently serious
nature to warrant referral to a law enforcement agency;
the ACMA must notify the content to:
(c) a member of an Australian police
force; or
(d) if there is an arrangement between
the ACMA and the chief (however described) of an Australian police force under
which the ACMA is authorised to notify the content to another person or
body—that other person or body.
Referral to law enforcement agency
(2) The manner in which content may be
notified under paragraph (1)(c) to a member of an Australian police force
includes (but is not limited to) a manner ascertained in accordance with an
arrangement between the ACMA and the chief (however described) of the police
force concerned.
(3) If a
member of an Australian police force is notified of particular content under
this clause, the member may notify the content to a member of another law
enforcement agency.
(4) This clause does not limit the ACMA’s
powers to refer other matters to a member of an Australian police force.
Previous referral to law enforcement agency under
Schedule 5
(5) The ACMA is not required to notify
particular content under subclause (1) if the ACMA has already notified
the content under paragraph 40(1)(a) of Schedule 5.
70
Deferral of action in order to avoid prejudicing a criminal investigation—hosting
services
(1) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) content hosted by a
hosting service provider is prohibited content or potential prohibited content;
and
(ii) the relevant hosting
service has an Australian connection; and
(b) apart from this subclause, the
ACMA would be required to take action under subclause 47(1), (2) or (3) in
relation to the content; and
(c) a member of an Australian police
force satisfies the ACMA that the taking of that action should be deferred
until the end of a particular period in order to avoid prejudicing a criminal
investigation;
the ACMA may defer taking that action until the end of
that period.
(2) Subclause (1) has effect despite
anything in clause 47.
71
Deferral of action in order to avoid prejudicing a criminal investigation—live
content services
(1) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) live content provided
by a live content service is potential prohibited content; and
(ii) the live content
service has an Australian connection; and
(b) apart from this subclause, the
ACMA would be required to take action under subclause 56(1), (2) or (3) in
relation to the content; and
(c) a member of an Australian police
force satisfies the ACMA that the taking of that action should be deferred
until the end of a particular period in order to avoid prejudicing a criminal
investigation;
the ACMA may defer taking that action until the end of
that period.
(2) Subclause (1) has effect despite
anything in clause 56.
72
Deferral of action in order to avoid prejudicing a criminal investigation—links
services
(1) If:
(a) in the course of an investigation
under Division 2, the ACMA is satisfied that:
(i) end‑users in Australia
can access content using a link provided by a links service; and
(ii) the content is
potential prohibited content; and
(iii) the links service has
an Australian connection; and
(b) apart from this subclause, the
ACMA would be required to take action under subclause 62(1), (2) or (3) in
relation to the link; and
(c) a member of an Australian police
force satisfies the ACMA that the taking of that action should be deferred
until the end of a particular period in order to avoid prejudicing a criminal
investigation;
the ACMA may defer taking that action until the end of
that period.
(2) Subclause (1) has effect despite
anything in clause 62.
Part 4—Industry codes and industry standards
Division 1—Simplified outline
73
Simplified outline
The following is a simplified outline of
this Part:
• Bodies and associations
that represent sections of the content industry may develop industry codes.
• Industry codes may be
registered by the ACMA.
• Compliance with an industry
code is voluntary unless the ACMA directs a particular participant in the
content industry to comply with the code.
• The ACMA has a reserve
power to make an industry standard if there are no industry codes or if an
industry code is deficient.
• Compliance with industry
standards is mandatory.
Division 2—Interpretation
74
Industry codes
For the purposes of this Part, an industry
code is a code developed under this Part (whether or not in response to
a request under this Part).
75
Industry standards
For the purposes of this Part, an industry
standard is a standard determined under this Part.
76
Content activity
For the purposes of this Part, a content
activity is an activity that consists of:
(a) providing a hosting service that
has an Australian connection; or
(b) providing a live content service
that has an Australian connection; or
(c) providing a links service that has
an Australian connection; or
(d) providing a commercial content
service that has an Australian connection.
77
Sections of the content industry
(1) For the purposes of this Part, sections
of the content industry are to be ascertained in accordance with this
clause.
(2) For the purposes of this Part, each of
the following groups is a section of the content industry:
(a) hosting service providers, where
the relevant hosting services have an Australian connection;
(b) live content service providers,
where the relevant live content services have an Australian connection;
(c) links service providers, where the
relevant links services have an Australian connection;
(d) commercial content service
providers, where the relevant commercial content services have an Australian
connection.
78
Participants in a section of the content industry
For the purposes of this Part, if a
person is a member of a group that constitutes a section of the content
industry, the person is a participant in that section of the
content industry.
79
Designated body
The Minister may, by legislative
instrument, declare that a specified body or association is the designated
body for the purposes of this Part. The declaration has effect
accordingly.
Division 3—General principles relating to industry codes and industry
standards
80
Statement of regulatory policy
(1) The Parliament intends that bodies or
associations that the ACMA is satisfied represent sections of the content
industry should develop codes (industry codes) that are to apply
to participants in the respective sections of the industry in relation to their
content activities.
(2) The Parliament intends that the ACMA
should make reasonable efforts to ensure that, for each section of the content
industry, either:
(a) an industry code is registered
under this Part within 6 months after the commencement of this Schedule; or
(b) an industry standard is registered
under this Part within 9 months after the commencement of this Schedule.
81
Matters that must be dealt with by industry codes and industry
standards—commercial content providers
(1) The Parliament intends that, for the
commercial content service provider section of the content industry, there
should be:
(a) an industry code or an industry
standard that deals with; or
(b) an industry code and an industry
standard that together deal with;
each of the following matters:
(c) the engagement of trained content
assessors by commercial content service providers;
(d) ensuring that content (other than
live content or content that consists of an eligible electronic publication)
that:
(i) has not been
classified by the Classification Board; and
(ii) would, if it were
classified by the Classification Board, be substantially likely to be
classified RC, X 18+, R 18+ or MA 15+ by the Classification Board;
is not provided by commercial
content services (other than news services or current affairs services) unless
a trained content assessor has assessed the content for the purposes of
categorising the content as:
(iii) content that would, if
it were classified by the Classification Board, be substantially likely to be
classified RC by the Classification Board; or
(iv) content that would, if
it were classified by the Classification Board, be substantially likely to be
classified X 18+ by the Classification Board; or
(v) content that would, if
it were classified by the Classification Board, be substantially likely to be
classified R 18+ by the Classification Board; or
(vi) content that would, if
it were classified by the Classification Board, be substantially likely to be
classified MA 15+ by the Classification Board;
(e) ensuring that live content is not
provided by commercial content services (other than news services or current
affairs services) unless:
(i) there is no reasonable
likelihood that the live content will be of a kind that would, if it were
classified by the Classification Board, be substantially likely to be
classified RC, X 18+, R 18+ or MA 15+ by the Classification Board; or
(ii) a trained content
assessor has given advice to the relevant commercial content service provider
about whether the live content is likely to be of a kind that would, if it were
classified by the Classification Board, be substantially likely to be
classified RC, X 18+, R 18+ or MA 15+ by the Classification Board;
(f) ensuring that content that
consists of an eligible electronic publication that:
(i) has not been
classified by the Classification Board; and
(ii) would, if it were
classified by the Classification Board, be substantially likely to be
classified RC or category 2 restricted by the Classification Board;
is not provided by commercial
content services (other than news services or current affairs services) unless
a trained content assessor has assessed the content for the purposes of
categorising the content as:
(iii) content that would, if
it were classified by the Classification Board, be substantially likely to be
classified RC by the Classification Board; or
(iv) content that would, if
it were classified by the Classification Board, be substantially likely to be
classified category 2 restricted by the Classification Board.
Note: The classification of an eligible electronic
publication is the same as the classification of the corresponding print
publication—see clause 24.
(2) For the purposes of
paragraphs (1)(d), (e) and (f), it is to be assumed that this Schedule
authorised the Classification Board to classify the content concerned.
Codes and standards not limited
(3) This clause does not limit the matters
that may be dealt with by industry codes and industry standards.
82
Examples of matters that may be dealt with by industry codes and industry
standards
(1) This clause sets out examples of matters
that may be dealt with by industry codes and industry standards.
(2) The applicability of a particular example
will depend on which section of the content industry is involved.
(3) The examples are as follows:
(a) procedures to be followed in order
to deal with complaints about matters, where the complainant could have made a
complaint about the same matter under subclause 37(1), (2) or (3) or 38(1) or
(2);
(b) telling persons about their rights
to make complaints;
(c) procedures to be followed in order
to assist persons to make complaints;
(d) the referral to the ACMA of
complaints about matters, where:
(i) the complainant could
have made a complaint about the same matter under subclause 37(1), (2) or (3)
or 38(1) or (2); and
(ii) the complainant is
dissatisfied with the way in which the complaint was dealt with under the code
or standard;
(e) advice about the reasons for
content having a particular classification;
(f) procedures directed towards the
achievement of the objective of ensuring that, in the event that a commercial
content service provider becomes aware that:
(i) prohibited content; or
(ii) potential prohibited
content;
is or was delivered to, or made
available for access by, an end‑user of a commercial content service
provided by another commercial content service provider, the other commercial
content service provider is told about the prohibited content or the potential
prohibited content, as the case may be;
(g) promoting awareness of the safety
issues associated with commercial content services or live content services;
(h) procedures to be followed in order
to deal with safety issues associated with commercial content services that are
chat services;
(i) procedures to be followed in order
to assist parents and responsible adults to deal with safety issues associated
with children’s use of commercial content services that are chat services;
(j) giving parents and responsible
adults information about how to supervise and control children’s access to
content provided by commercial content services or live content services;
(k) procedures to be followed in order
to assist parents and responsible adults to supervise and control children’s
access to content provided by commercial content services or live content
services;
(l) procedures to be followed in
order to inform producers of content provided by commercial content services or
live content services about the legal responsibilities of commercial content
service providers in relation to that content;
(m) the making and retention of records
of content provided by a commercial content service or a live content service;
(n) the making and retention of
recordings of live content provided by a live content service;
(o) procedures directed towards the
achievement of the objective of ensuring that, in the event that new content
services or live content services are developed that could put at risk the
safety of children who are end‑users of the services, the ACMA is
informed about those services.
83
Escalation of complaints
(1) This clause applies if an industry code
or industry standard deals with the matter referred to in paragraph 82(3)(a).
(2) The industry code or industry standard,
as the case may be, must also deal with the matter referred to in paragraph
82(3)(d).
84
Collection of personal information
(1) This clause applies to a provision of an
industry code or industry standard if the provision deals with the making and
retention of:
(a) records of content provided by a
content service; or
(b) recordings of live content
provided by a live content service.
(2) The provision must not authorise the
collection of personal information (within the meaning of the Privacy Act
1988) about an end‑user of a content service.
Division 4—Industry codes
85
Registration of industry codes
(1) This clause applies if:
(a) the ACMA is satisfied that a body
or association represents a particular section of the content industry; and
(b) that body or association develops
an industry code that applies to participants in that section of the industry
and deals with one or more matters relating to the content activities of those
participants; and
(c) the body or association gives a
copy of the code to the ACMA; and
(d) the ACMA is satisfied that:
(i) to the extent to which
the code deals with one or more matters of substantial relevance to the
community—the code provides appropriate community safeguards for that matter or
those matters; and
(ii) to the extent to which
the code deals with one or more matters that are not of substantial relevance
to the community—the code deals with that matter or those matters in an
appropriate manner; and
(e) the ACMA is satisfied that, before
giving the copy of the code to the ACMA:
(i) the body or
association published a draft of the code and invited members of the public to
make submissions to the body or association about the draft within a specified
period; and
(ii) the body or
association gave consideration to any submissions that were received from
members of the public within that period; and
(f) the ACMA is satisfied that,
before giving the copy of the code to the ACMA:
(i) the body or
association published a draft of the code and invited participants in that
section of the industry to make submissions to the body or association about
the draft within a specified period; and
(ii) the body or
association gave consideration to any submissions that were received from
participants in that section of the industry within that period; and
(g) the ACMA is satisfied that the
designated body has been consulted about the development of the code.
Note: Designated body is defined by
clause 79.
(2) The ACMA must register the code by
including it in the Register of industry codes kept under clause 101.
(3) A period specified under
subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.
(4) If:
(a) an industry code (the new
code) is registered under this Part; and
(b) the new code is expressed to
replace another industry code;
the other code ceases to be registered under this Part
when the new code is registered.
86
ACMA may request codes
(1) If the
ACMA is satisfied that a body or association represents a particular section of
the content industry, the ACMA may, by written notice given to the body or association,
request the body or association to:
(a) develop an industry code that
applies to participants in that section of the industry and deals with one or
more specified matters relating to the content activities of those
participants; and
(b) give the ACMA a copy of the code
within the period specified in the notice.
(2) The period specified in a notice under
subclause (1) must run for at least 120 days.
(3) The ACMA must not make a request under
subclause (1) in relation to a particular section of the content industry
unless the ACMA is satisfied that:
(a) the development of the code is
necessary or convenient in order to:
(i) provide appropriate
community safeguards; or
(ii) otherwise deal with
the performance or conduct of participants in that section of the industry; and
(b) in the absence of the request, it
is unlikely that an industry code would be developed within a reasonable
period.
(4) The ACMA may vary a notice under
subclause (1) by extending the period specified in the notice.
(5) Subclause (4) does not limit the
application of subsection 33(3) of the Acts Interpretation Act 1901.
(6) A notice under subclause (1) may
specify indicative targets for achieving progress in the development of the
code (for example, a target of 60 days to develop a preliminary draft of the
code).
87
Publication of notice where no body or association represents a section of the
content industry
(1) If the ACMA is satisfied that a
particular section of the content industry is not represented by a body or association,
the ACMA may publish a notice on the ACMA’s Internet site:
(a) stating that, if such a body or
association were to come into existence within a specified period, the ACMA
would be likely to give a notice to that body or association under subclause
86(1); and
(b) setting out the matter or matters
relating to the content activities of those providers that would be likely to
be specified in the subclause 86(1) notice.
(2) The period specified in a notice under
subclause (1) must run for at least 60 days.
88
Replacement of industry codes
(1) Changes to an industry code are to be
achieved by replacing the code instead of varying the code.
(2) If the replacement code differs only in
minor respects from the original code, clause 85 has effect, in relation
to the registration of the code, as if paragraphs 85(1)(e) and (f) of this
Schedule had not been enacted.
Note: Paragraphs 85(1)(e) and (f) deal with
submissions about draft codes.
89
Compliance with industry codes
(1) If:
(a) a person is a participant in a
particular section of the content industry; and
(b) the ACMA is satisfied that the
person has contravened, or is contravening, an industry code that:
(i) is registered under
this Part; and
(ii) applies to
participants in that section of the industry;
the ACMA may, by written notice given to the person,
direct the person to comply with the industry code.
(2) A person must comply with a direction
under subclause (1).
(3) Subclause (2) is a designated
content/hosting service provider rule.
Note: For enforcement, see Part 6 of this
Schedule.
90
Formal warnings—breach of industry codes
(1) This
clause applies to a person who is a participant in a particular section of the
content industry.
(2) The ACMA may issue a formal warning if
the person contravenes an industry code registered under this Part.
Division 5—Industry standards
91
ACMA may determine an industry standard if a request for an industry code is
not complied with
(1) This clause applies if:
(a) the ACMA has made a request under
subclause 86(1) in relation to the development of a code that is to:
(i) apply to participants
in a particular section of the content industry; and
(ii) deal with one or more
matters relating to the content activities of those participants; and
(b) any of the following conditions is
satisfied:
(i) the request is not
complied with;
(ii) if indicative targets
for achieving progress in the development of the code were specified in the
notice of request—any of those indicative targets were not met;
(iii) the request is
complied with, but the ACMA subsequently refuses to register the code; and
(c) the ACMA is satisfied that it is
necessary or convenient for the ACMA to determine a standard in order to:
(i) provide appropriate
community safeguards in relation to that matter or those matters; or
(ii) otherwise regulate
adequately participants in that section of the industry in relation to that
matter or those matters.
(2) The ACMA may, by legislative instrument,
determine a standard that applies to participants in that section of the
industry and deals with that matter or those matters. A standard under this
subclause is to be known as an industry standard.
(3) Before determining an industry standard
under this clause, the ACMA must consult the body or association to whom the
request mentioned in paragraph (1)(a) was made.
(4) The Minister may, by legislative
instrument, give the ACMA a written direction as to the exercise of its powers
under this clause.
92
ACMA may determine industry standard where no industry body or association
formed
(1) This
clause applies if:
(a) the ACMA is satisfied that a
particular section of the content industry is not represented by a body or
association; and
(b) the ACMA has published a notice
under subclause 87(1); and
(c) that notice:
(i) states that, if such a
body or association were to come into existence within a particular period, the
ACMA would be likely to give a notice to that body or association under
subclause 86(1); and
(ii) sets out one or more
matters relating to the content activities of participants in that section of
the industry; and
(d) no such body or association comes
into existence within that period; and
(e) the ACMA is satisfied that it is
necessary or convenient for the ACMA to determine a standard in order to:
(i) provide appropriate
community safeguards in relation to that matter or those matters; or
(ii) otherwise regulate
adequately participants in that section of the industry in relation to that
matter or those matters.
(2) The ACMA may, by legislative instrument,
determine a standard that applies to participants in that section of the
industry and deals with that matter or those matters. A standard under this
subclause is to be known as an industry standard.
(3) The Minister may, by legislative
instrument, give the ACMA a written direction as to the exercise of its powers
under this clause.
93
ACMA may determine industry standards—total failure of industry codes
(1) This clause applies if:
(a) an industry code that:
(i) applies to participants
in a particular section of the content industry; and
(ii) deals with one or more
matters relating to the content activities of those participants;
has been registered under this
Part for at least 180 days; and
(b) the ACMA is satisfied that the
code is totally deficient (as defined by subclause (6)); and
(c) the ACMA has given the body or
association that developed the code a written notice requesting that
deficiencies in the code be addressed within a specified period; and
(d) that period ends and the ACMA is
satisfied that it is necessary or convenient for the ACMA to determine a
standard that applies to participants in that section of the industry and deals
with that matter or those matters.
(2) The period specified in a notice under paragraph (1)(c)
must run for at least 30 days.
(3) The ACMA may, by legislative instrument,
determine a standard that applies to participants in that section of the
industry and deals with that matter or those matters. A standard under this
subclause is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or
association represents that section of the industry, the ACMA must consult the
body or association before determining an industry standard under
subclause (3).
(5) The industry code ceases to be registered
under this Part on the day on which the industry standard comes into force.
(6) For the
purposes of this clause, an industry code that applies to participants in a
particular section of the content industry and deals with one or more matters
relating to the content activities of those participants is totally
deficient if, and only if:
(a) the code is not operating to
provide appropriate community safeguards in relation to that matter or those
matters; or
(b) the code is not otherwise
operating to regulate adequately participants in that section of the industry
in relation to that matter or those matters.
(7) The Minister may, by legislative
instrument, give the ACMA a written direction as to the exercise of its powers
under this clause.
94
ACMA may determine industry standards—partial failure of industry codes
(1) This clause applies if:
(a) an industry code that:
(i) applies to
participants in a particular section of the content industry; and
(ii) deals with 2 or more matters
relating to the content activities of those participants;
has been registered under this
Part for at least 180 days; and
(b) clause 93 does not apply to
the code; and
(c) the ACMA is satisfied that the
code is deficient (as defined by subclause (6)) to the extent to which the
code deals with one or more of those matters (the deficient matter or
deficient matters); and
(d) the ACMA has given the body or
association that developed the code a written notice requesting that
deficiencies in the code be addressed within a specified period; and
(e) that period ends and the ACMA is
satisfied that it is necessary or convenient for the ACMA to determine a
standard that applies to participants in that section of the industry and deals
with the deficient matter or deficient matters.
(2) The period specified in a notice under
paragraph (1)(d) must run for at least 30 days.
(3) The ACMA may, by legislative instrument,
determine a standard that applies to participants in that section of the
industry and deals with the deficient matter or deficient matters. A standard
under this subclause is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or
association represents that section of the industry, the ACMA must consult the
body or association before determining an industry standard under
subclause (3).
(5) On and after the day on which the
industry standard comes into force, the industry code has no effect to the
extent to which it deals with the deficient matter or deficient matters.
However, this subclause does not affect:
(a) the continuing registration of the
remainder of the industry code; or
(b) any investigation, proceeding or
remedy in respect of a contravention of the industry code or clause 89
that occurred before that day.
(6) For the purposes of this clause, an
industry code that applies to participants in a particular section of the
content industry and deals with 2 or more matters relating to the content
activities of those participants is deficient to the extent to which
it deals with a particular one of those matters if, and only if:
(a) the code is not operating to
provide appropriate community safeguards in relation to that matter; or
(b) the code is not otherwise
operating to regulate adequately participants in that section of the industry
in relation to that matter.
(7) The Minister may, by legislative
instrument, give the ACMA a written direction as to the exercise of its powers
under this clause.
95
Compliance with industry standards
(1) If:
(a) an industry standard that applies
to participants in a particular section of the content industry is registered
under this Part; and
(b) a
person is a participant in that section of the content industry;
the person must comply with
the industry standard.
Note: For enforcement, see Part 6 of this
Schedule.
(2) Subclause (1) is a designated
content/hosting service provider rule.
96
Formal warnings—breach of industry standards
(1) This clause applies to a person who is a
participant in a particular section of the content industry.
(2) The ACMA may issue a formal warning if
the person contravenes an industry standard registered under this Part.
97
Variation of industry standards
The ACMA may, by legislative instrument,
vary an industry standard that applies to participants in a particular section
of the content industry if it is satisfied that it is necessary or convenient
to do so to:
(a) provide appropriate community
safeguards in relation to one or more matters relating to the content
activities of those participants; and
(b) otherwise regulate adequately
those participants in relation to one or more matters relating to the content
activities of those participants.
98
Revocation of industry standards
(1) The ACMA may, by legislative instrument,
revoke an industry standard.
(2) If:
(a) an industry code is registered
under this Part; and
(b) the code is expressed to replace
an industry standard;
the industry standard is revoked when the code is
registered.
99
Public consultation on industry standards
(1) Before
determining or varying an industry standard, the ACMA must:
(a) make a copy of the draft available
on its Internet site; and
(b) publish a notice on its Internet
site:
(i) stating that the ACMA
has prepared a draft of the industry standard or variation; and
(ii) inviting interested
persons to give written comments about the draft to the ACMA within the period
specified in the notice.
(2) The period
specified in the notice must run for at least 30 days after the publication of
the notice.
(3) Subclause (1) does not apply to a
variation if the variation is of a minor nature.
(4) If interested persons have given comments
in accordance with a notice under subclause (1), the ACMA must have due
regard to those comments in determining or varying the industry standard, as
the case may be.
100
Consultation with designated body
(1) Before
determining or varying an industry standard, the ACMA must consult the
designated body.
(2) Before
revoking an industry standard under subclause 98(1), the ACMA must consult the
designated body.
Note: Designated body is defined by
clause 79.
Division 6—Register of industry codes and industry standards
101
ACMA to maintain Register of industry codes and industry standards
(1) The ACMA is to maintain a Register in
which the ACMA includes:
(a) all industry codes required to be
registered under this Part; and
(b) all industry standards; and
(c) all requests made under
clause 86; and
(d) all notices under clause 87;
and
(e) all directions under
clause 89.
(2) The Register may be maintained by
electronic means.
(3) The Register is to be made available for
inspection on the Internet.
Division 7—Miscellaneous
102
Industry codes may provide for matters by reference to other instruments
Section 589 of the Telecommunications
Act 1997 applies to an industry code in a corresponding way to the way in
which it applies to an instrument under that Act.
103
Industry standards may provide for matters by reference to other instruments
Section 589 of the Telecommunications
Act 1997 applies to an industry standard in a corresponding way to the way
in which it applies to an instrument under that Act.
Part 5—Designated content/hosting service provider determinations
104
Designated content/hosting service provider determinations
(1) The ACMA may, by legislative instrument,
determine rules that apply to designated content/hosting service providers in
relation to the provision of designated content/hosting services.
(2) A determination under subclause (1)
is called a designated content/hosting service provider determination.
(3) A designated content/hosting service
provider determination has effect only to the extent that:
(a) it is authorised by paragraph
51(v) of the Constitution (either alone or when read together with paragraph
51(xxxix) of the Constitution); or
(b) both:
(i) it is authorised by
section 122 of the Constitution; and
(ii) it would have been
authorised by paragraph 51(v) of the Constitution (either alone or when read
together with paragraph 51(xxxix) of the Constitution) if section 51 of
the Constitution extended to the Territories.
(4) The ACMA must not make a designated
content/hosting service provider determination unless the determination relates
to a matter specified in the regulations.
(5) A designated content/hosting service
provider determination may make provision for or in relation to a particular
matter by empowering the ACMA to make decisions of an administrative character.
105
Exemptions from designated content/hosting service provider determinations
(1) The Minister may, by legislative
instrument, determine that a specified designated content/hosting service
provider is exempt from designated content/hosting service provider
determinations.
(2) The Minister may, by legislative
instrument, determine that a specified designated content/hosting service
provider is exempt from a specified designated content/hosting service provider
determination.
(3) A determination under this clause may be
unconditional or subject to such conditions (if any) as are specified in the
determination.
(4) A determination under this clause has
effect accordingly.
Part 6—Enforcement
106
Compliance with designated content/hosting service provider rules—offence
(1) A person commits an offence if:
(a) the person is a designated
content/hosting service provider; and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes a
designated content/hosting service provider rule that applies to the person.
Penalty: 100 penalty units.
(2) A person who contravenes
subclause (1) commits a separate offence in respect of each day (including
a day of a conviction for the offence or any later day) during which the
contravention continues.
107
Compliance with designated content/hosting service provider rules—civil penalty
provision
(1) A person must not contravene a designated
content/hosting service provider rule if:
(a) the person is a designated
content/hosting service provider; and
(b) the rule applies to the person.
(2) Subclause (1) is a civil penalty
provision.
(3) A person who contravenes
subclause (1) commits a separate contravention of that subclause in
respect of each day (including a day of the making of a relevant civil penalty
order or any subsequent day) during which the contravention continues.
108
Remedial directions—breach of designated content/hosting service provider rules
(1) This clause applies if the ACMA is
satisfied that a designated content/hosting service provider has contravened,
or is contravening, a designated content/hosting service provider rule that
applies to the provider.
(2) The ACMA may give the designated
content/hosting service provider a written direction requiring the provider to
take specified action directed towards ensuring that the provider does not
contravene the rule, or is unlikely to contravene the rule, in the future.
(3) The following are examples of the kinds
of direction that may be given to a designated content/hosting service provider
under subclause (2):
(a) a direction that the provider
implement effective administrative systems for monitoring compliance with a
designated content/hosting service provider rule;
(b) a direction that the provider
implement a system designed to give the provider’s employees, agents and
contractors a reasonable knowledge and understanding of the requirements of a
designated content/hosting service provider rule, in so far as those
requirements affect the employees, agents or contractors concerned.
Offence
(4) A person
commits an offence if:
(a) the person is subject to a
direction under subclause (2); and
(b) the person engages in conduct; and
(c) the
person’s conduct contravenes the direction.
Penalty: 100 penalty units.
(5) A person who contravenes
subclause (4) commits a separate offence in respect of each day (including
a day of a conviction for the offence or any later day) during which the
contravention continues.
Civil penalty
(6) A person must comply with a direction
under subclause (2).
(7) Subclause (6) is a civil penalty
provision.
(8) A person who contravenes
subclause (6) commits a separate contravention of that subclause in
respect of each day (including a day of the making of a relevant civil penalty
order or any subsequent day) during which the contravention continues.
109
Formal warnings—breach of designated content/hosting service provider rules
The ACMA may issue a formal warning to a
person if the ACMA is satisfied that the person has contravened, or is
contravening, a designated content/hosting service provider rule that applies
to the person.
110
Federal Court may order a person to cease providing designated content/hosting
services
(1) If the ACMA is satisfied that a person is
providing a designated content/hosting service otherwise than in accordance
with a designated content/hosting service provider rule that applies to the
person, the ACMA may apply to the Federal Court for an order that the person
cease providing that designated content/hosting service.
(2) If the Federal Court is satisfied, on
such an application, that the person is providing a designated content/hosting
service otherwise than in accordance with a designated content/hosting service
provider rule that applies to the person, the Federal Court may order the
person to cease providing that designated content/hosting service.
Part 7—Protection from civil and criminal proceedings
111
Protection from civil proceedings—service providers
Hosting service provider
(1) Civil proceedings do not lie against a
hosting service provider in respect of anything done by the provider in
compliance with clause 53.
Live content service provider
(2) Civil proceedings do not lie against a
live content service provider in respect of anything done by the provider in
compliance with clause 60.
Links service provider
(3) Civil proceedings do not lie against a
links service provider in respect of anything done by the provider in
compliance with clause 68.
112
Protection from criminal proceedings—ACMA, Classification Board and
Classification Review Board
(1) For the purposes of this clause, each of
the following is a protected person:
(a) the ACMA;
(b) a member or associate member of
the ACMA;
(c) a member of the staff of the ACMA;
(d) a consultant engaged to assist in
the performance of the ACMA’s broadcasting, content and datacasting functions
(as defined in the Australian Communications and Media Authority Act 2005);
(e) an officer whose services are made
available to the ACMA under paragraph 55(1)(a) of the Australian
Communications and Media Authority Act 2005;
(f) a member or temporary member of
the Classification Board;
(g) a member of staff assisting the
Classification Board or Classification Review Board as mentioned in
section 88A of the Classification (Publications, Films and Computer
Games) Act 1995;
(h) a consultant engaged to assist in
the performance of the functions of the Classification Board or the functions
of the Classification Review Board;
(i) an officer whose services are
made available to the Classification Board under subsection 54(3) of the Classification
(Publications, Films and Computer Games) Act 1995;
(j) a member of the Classification
Review Board.
(2) Criminal proceedings do not lie against a
protected person for or in relation to:
(a) the collection of content or
material; or
(b) the possession of content or
material; or
(c) the distribution of content or
material; or
(d) the delivery of content or
material; or
(e) the copying of content or
material; or
(f) the doing of any other thing in
relation to content or material;
in connection with the exercise of a power, or the
performance of a function, conferred on the ACMA, the Classification Board or
the Classification Review Board by this Schedule or Schedule 5 to this
Act.
Definition
(3) In this clause:
possession includes have in custody or
control.
Part 8—Review of decisions
113
Review by the Administrative Appeals Tribunal
Decisions under Division 3 of Part 3
(1) An application may be made to the
Administrative Appeals Tribunal for a review of any of the following decisions
made by the ACMA:
(a) a decision to give a hosting
service provider an interim take‑down notice;
(b) a decision to give a hosting
service provider a final take‑down notice;
(c) a decision to give a hosting
service provider a special take‑down notice;
(d) a decision under subclause 47(2)
or (3) to apply to the Classification Board for classification of content
hosted by a hosting service provider.
(2) An application under subclause (1)
may only be made by the hosting service provider concerned.
Decisions under Division 4 of Part 3
(3) An application may be made to the
Administrative Appeals Tribunal for a review of any of the following decisions
made by the ACMA:
(a) a decision to give a live content
service provider an interim service‑cessation notice;
(b) a decision to give a live content
service provider a final service‑cessation notice;
(ba) a decision to give a live content
service provider a special service‑cessation notice;
(c) a decision under subclause 56(2)
or (3) to apply to the Classification Board for classification of content
provided by a live content service.
(4) An application under subclause (3)
may only be made by the live content service provider concerned.
Decisions under Division 5 of Part 3
(5) An application may be made to the
Administrative Appeals Tribunal for a review of any of the following decisions
made by the ACMA:
(a) a decision to give a links service
provider an interim link‑deletion notice;
(b) a decision to give a links service
provider a final link‑deletion notice;
(c) a decision to give a links service
provider a special link‑deletion notice;
(d) a decision under subclause 62(2)
or (3) to apply to the Classification Board for classification of content that
can be accessed using a link provided by a links service.
(6) An application under subclause (5)
may only be made by the links service provider concerned.
Decisions under clause 85
(7) An application may be made to the
Administrative Appeals Tribunal for a review of a decision of the ACMA under
clause 85 to refuse to register a code.
(8) An application under subclause (7)
may only be made by the body or association that developed the code.
Decisions under clause 89
(9) An application may be made to the
Administrative Appeals Tribunal for a review of a decision of the ACMA under
clause 89 to:
(a) give a direction to a designated
content/hosting service provider; or
(b) vary a direction that is
applicable to a designated content/hosting service provider; or
(c) refuse to revoke a direction that
is applicable to a designated content/hosting service provider.
(10) An application under subclause (9)
may only be made by the designated content/hosting service provider concerned.
Decisions under subclause 104(5) or clause 108
(11) An application may be made to the
Administrative Appeals Tribunal for a review of any of the following decisions
made by the ACMA:
(a) a decision of a kind referred to
in subclause 104(5) (which deals with decisions under designated
content/hosting service provider determinations), where the decision relates to
a designated content/hosting service provider;
(b) a decision under clause 108
to:
(i) give a direction to a
designated content/hosting service provider; or
(ii) vary a direction that
is applicable to a designated content/hosting service provider; or
(iii) refuse to revoke a
direction that is applicable to a designated content/hosting service provider.
(12) An application under subclause (11)
may only be made by the designated content/hosting service provider concerned.
Part 9—Miscellaneous
114
Additional ACMA functions
The ACMA has the following functions:
(a) to monitor compliance with codes
and standards registered under Part 4 of this Schedule;
(b) to advise and assist parents and
responsible adults in relation to the supervision and control of children’s
access to content services;
(c) to conduct and/or co‑ordinate
community education programs about content services, in consultation with
relevant industry and consumer groups and government agencies;
(d) to conduct and/or commission
research into issues relating to content services;
(e) to liaise with regulatory and
other relevant bodies overseas about co‑operative arrangements for the
regulation of the commercial content services industry, including (but not
limited to) collaborative arrangements to develop:
(i) multilateral codes of
practice; and
(ii) content labelling
technologies;
(f) to inform itself and advise the
Minister on technological developments and service trends in the commercial
content services industry.
115
Recordings of content etc.
Recordings of live content
(1) The ACMA may:
(a) make a recording of live content,
or of a segment of live content, for the purposes of:
(i) an investigation under
Division 2 of Part 3; or
(ii) an application to the
Classification Board under clause 22; and
(b) make one or more copies of such a
recording for the purposes of:
(i) an investigation under
Division 2 of Part 3; or
(ii) an application to the
Classification Board under clause 22.
Copies of stored content
(2) The ACMA may make one or more copies of
stored content for the purposes of:
(a) an investigation under
Division 2 of Part 3; or
(b) an application to the
Classification Board under clause 22.
Copyright
(3) The ACMA does not infringe copyright if
it does anything authorised by subclause (1) or (2).
116
Samples of content to be submitted for classification
The ACMA must, from time to time:
(a) select samples of content that
have been the subject of complaints under clause 37; and
(b) apply to the Classification Board
under clause 22 for classification of that content.
117
Service of summons, process or notice on corporations incorporated outside Australia
(1) This clause applies to:
(a) a summons or process in any
proceedings under, or connected with, this Schedule; or
(b) a notice under this Schedule;
where:
(c) the summons, process or notice, as
the case may be, is required to be served on, or given to, a body corporate
incorporated outside Australia; and
(d) the body corporate does not have a
registered office or a principal office in Australia; and
(e) the body corporate has an agent in
Australia.
(2) The summons, process or notice, as the
case may be, is taken to have been served on, or given to, the body corporate
if it is served on, or given to, the agent.
(3) Subclause (2) has effect in addition
to section 28A of the Acts Interpretation Act 1901.
Note: Section 28A of the Acts Interpretation
Act 1901 deals with the service of documents.
117A
Meaning of broadcasting service
Disregard the following provisions of
this Schedule in determining the meaning of the expression broadcasting
service:
(a) clause 9A;
(b) subparagraph 20(1)(c)(vi).
118
Review
(1) Within 3 years after the commencement of
this Schedule, the Minister must cause to be conducted a review of the
following matters:
(a) the operation of this Schedule;
(b) whether this Schedule should be
amended or repealed.
(2) The Minister must cause to be prepared a
report of a review under subclause (1).
(3) The Minister must cause copies of a
report to be tabled in each House of the Parliament within 15 sitting days of
that House after the completion of the report.
119
This Schedule does not limit Schedule 5
This Schedule does not limit the
operation of Schedule 5.
120
This Schedule does not limit the Telecommunications Act 1997
This Schedule does not limit the
operation of the Telecommunications Act 1997.
121
Implied freedom of political communication
(1) This Schedule does not apply to the
extent (if any) that it would infringe any constitutional doctrine of implied
freedom of political communication.
(2) Subclause (1) does not limit the
application of section 15A of the Acts Interpretation Act 1901 to
this Act.
122
Concurrent operation of State and Territory laws
It is the intention of the Parliament
that this Schedule is not to apply to the exclusion of a law of a State or
Territory to the extent to which that law is capable of operating concurrently
with this Schedule.
123
Schedule not to affect performance of State or Territory functions
A power conferred by this Schedule must
not be exercised in such a way as to prevent the exercise of the powers, or the
performance of the functions, of government of a State, the Northern Territory,
the Australian Capital Territory or Norfolk Island.
Notes to
the Broadcasting Services Act 1992
Note 1
The Broadcasting Services Act 1992 as shown in this
compilation comprises Act No. 110, 1992 amended as indicated in the Tables
below.
For transitional provisions relating to the implementation of
this Act see the Broadcasting Services (Transitional Provisions and
Consequential Amendments) Act 1992 see Act No. 105, 1992 (as amended).
For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001.
For application, saving or transitional provisions made by the
Australian Communications and Media Authority (Consequential and
Transitional Provisions) Act 2005, see Act No. 45, 2005.
For all other relevant information pertaining to application,
saving or transitional provisions see Table A.
Table of Acts
|
Act
|
Number
and year
|
Date
of Assent
|
Date of commencement
|
Application, saving or transitional provisions
|
|
Broadcasting Services Act 1992
|
110, 1992
|
14 July 1992
|
Ss. 4, 5, 7–92 and 117–218: 5 Oct 1992 (see Gazette 1992, No. GN38)
Remainder: Royal Assent
|
|
|
Radiocommunications (Transitional Provisions and
Consequential Amendments) Act 1992
|
167, 1992
|
11 Dec 1992
|
1 July 1993
|
—
|
|
Broadcasting Services (Subscription Television
Broadcasting) Amendment Act 1992
|
171, 1992
|
11 Dec 1992
|
11 Dec 1992
|
—
|
|
Transport and Communications Legislation Amendment Act
(No. 3) 1992
|
216, 1992
|
24 Dec 1992
|
Ss. 10–13,
15–18 and 20: Royal Assent (a)
Ss. 14 and 19:
24 June 1993 (a)
|
—
|
|
Tobacco Advertising Prohibition Act 1992
|
218, 1992
|
24 Dec 1992
|
Ss. 36 and 37:
1 July 1993 (b)
|
—
|
|
Broadcasting Services Amendment Act 1993
|
1, 1993
|
14 May 1993
|
14 May 1993
|
—
|
|
Broadcasting Services Amendment Act (No. 2) 1993
|
2, 1993
|
14 May 1993
|
14 May 1993
|
—
|
|
Communications and the Arts Legislation Amendment Act
(No. 1) 1995
|
32, 1995
|
12 Apr 1995
|
S. 3 (items
6–51): Royal Assent (c)
|
—
|
|
Competition Policy Reform Act 1995
|
88, 1995
|
20 July 1995
|
S. 77: 6 Nov 1995 (see Gazette 1995, No. S423)
(d)
|
—
|
|
Broadcasting Services Amendment Act 1995
|
139, 1995
|
8 Dec 1995
|
Ss. 1, 2, 8, 9, 12(1), 13 and 14: Royal Assent
Remainder: 5 Jan 1996
|
Ss. 3(2) and 14–16
|
|
Telecommunications (Transitional Provisions and Consequential
Amendments) Act 1997
|
59, 1997
|
3 May 1997
|
Schedule 1 (items 7–12): 1 July 1997 (e)
Schedule 1 (items 13, 14): (e)
|
—
|
|
Broadcasting Services Amendment Act 1997
|
115, 1997
|
7 July 1997
|
7 July 1997
|
Sch. 1 (item 5)
|
|
Communications Legislation Amendment Act (No. 1)
1997
|
119, 1997
|
7 July 1997
|
4 Aug 1997
|
—
|
|
Broadcasting Services Legislation Amendment Act 1997
|
143, 1997
|
8 Oct 1997
|
8 Oct 1997
|
Sch. 1 (items 8, 9)
|
|
Audit (Transitional and Miscellaneous) Amendment Act
1997
|
152, 1997
|
24 Oct 1997
|
Schedule 2 (items 597–604): 1 Jan 1998 (see Gazette 1997, No. GN49) (f)
|
—
|
|
Broadcasting Services Amendment Act (No. 2) 1997
|
180, 1997
|
27 Nov 1997
|
25 Dec 1997
|
—
|
|
Financial Sector Reform (Consequential Amendments) Act
1998
|
48, 1998
|
29 June 1998
|
Schedule 1 (item 24): 1 July 1998 ( see Gazette 1998, No. S316) (g)
|
—
|
|
Television Broadcasting Services (Digital Conversion)
Act 1998
|
99, 1998
|
27 July 1998
|
27 July 1998
|
Sch. 1 (item 7)
|
|
Broadcasting Services Amendment (Online Services) Act
1999
|
90, 1999
|
16 July 1999
|
16 July 1999
|
—
|
|
Broadcasting Services Amendment Act (No. 2) 1999
|
122, 1999
|
13 Oct 1999
|
13 Oct 1999
|
—
|
|
Public Employment (Consequential and Transitional)
Amendment Act 1999
|
146, 1999
|
11 Nov 1999
|
Schedule 1 (items 282, 283): 5 Dec 1999 (see Gazette 1999, No. S584) (h)
|
—
|
|
Corporate Law Economic Reform Program Act 1999
|
156, 1999
|
24 Nov 1999
|
Schedule 10 (item 68): 13 Mar 2000 (see Gazette 2000, No. S114) (i)
|
—
|
|
Broadcasting Services Amendment Act (No. 1) 1999
|
197, 1999
|
23 Dec 1999
|
Schedule 2: 20 Jan 2000
Schedule 3 (Part 2): (j)
Remainder: Royal Assent
|
Sch. 3 (items 10, 11, 19)
|
|
Broadcasting Services Amendment Act (No. 3) 1999
|
198, 1999
|
23 Dec 1999
|
Schedule 1 (items 6–19): 1 July 2000
Schedule 1 (items 20, 22): 1 July 2001
Schedule 1 (item 21): (k)
Remainder: Royal Assent
|
Sch. 1 (items 5, 19, 22)
|
|
Broadcasting Services Amendment (Digital Television and
Datacasting) Act 2000
|
108, 2000
|
3 Aug 2000
|
Schedule 1 (items 75, 137, 137A, 142, 143):
Royal Assent
Schedule 1 (items
134A–134D, 136A, 136B, 136D–136J, 139A, 139D, 139E): 3 Feb 2001
Remainder: 1 Jan 2001 (see Gazette 2000, No. GN50)
|
Sch. 1 (items
141–145)
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and
Related Offences) Act 2000
|
137, 2000
|
24 Nov 2000
|
Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11,
32): Royal Assent
Remainder: 24 May 2001
|
Sch. 2 (items 418, 419)
|
|
Broadcasting Services Amendment Act 2000
|
172, 2000
|
21 Dec 2000
|
Schedule 2: (l)
Remainder: Royal Assent
|
Sch. 1 (item 36)
|
|
Communications and the Arts Legislation Amendment
(Application of Criminal Code) Act 2001
|
5, 2001
|
20 Mar 2001
|
Schedule 1 (items 18–26, 28–38): (m)
Schedule 1 (item 27): 1 July 2001 (m)
|
S. 4
|
|
Classification (Publications, Films and Computer Games)
Amendment Act (No. 1) 2001
|
13, 2001
|
22 Mar 2001
|
22 Mar 2002
|
—
|
|
Broadcasting Legislation Amendment Act 2001
|
23, 2001
|
6 Apr 2001
|
6 Apr 2001
|
—
|
|
Corporations (Repeals, Consequentials and
Transitionals) Act 2001
|
55, 2001
|
28 June 2001
|
Ss. 4–14 and Schedule 3 (items 88–93): 15 July 2001 (see Gazette 2001, No. S285) (n)
|
Ss. 4–14
|
|
Broadcasting Legislation Amendment Act (No. 2)
2001
|
92, 2001
|
20 July 2001
|
20 July 2001
|
Ss. 4 and 5
|
|
Financial Sector
(Collection of Data—Consequential and Transitional Provisions) Act 2001
|
121, 2001
|
24 Sept 2001
|
Ss. 1–3: Royal Assent
Remainder: 1 July 2002 (see s. 2(2) and Gazette
2002, No. GN24)
|
—
|
|
Broadcasting Legislation Amendment Act (No. 2)
2002
|
120, 2002
|
2 Dec 2002
|
Schedules 1 and 2: 30 Dec 2002 Remainder: Royal Assent
|
Sch. 1 (item 16)
and Sch. 2 (items 11, 12)
|
|
Broadcasting Legislation Amendment Act (No. 1)
2002
|
126, 2002
|
10 Dec 2002
|
10 Dec 2002
|
—
|
|
Broadcasting Legislation Amendment Act (No. 1)
2003
|
4, 2003
|
26 Feb 2003
|
26 Feb 2003
|
—
|
|
Therapeutic Goods
Amendment Act (No. 1) 2003
|
39, 2003
|
27 May 2003
|
Schedule 2: 27 Nov 2003
|
Sch. 2 (item 3)
|
|
Communications
Legislation Amendment Act (No. 3) 2003
|
108, 2003
|
24 Oct 2003
|
Schedule 1 (items 1–7):
12 Dec 2003 (see Gazette 2003, No. GN49)
Schedule 1 (items 25–48): 21 Nov 2003
Remainder: Royal Assent
|
Sch. 1 (item 24)
|
|
Classification (Publications, Films and Computer Games)
Amendment Act 2004
|
61, 2004
|
26 May 2004
|
Schedules 1 and 2: 26 May 2005
Remainder: Royal Assent
|
Sch. 2 (items
30–32)
|
|
US Free Trade Agreement Implementation Act 2004
|
120, 2004
|
16 Aug 2004
|
Schedule 10: Royal
Assent
|
—
|
|
Crimes Legislation Amendment (Telecommunications
Offences and Other Measures) Act (No. 2) 2004
|
127, 2004
|
31 Aug 2004
|
Schedule 1 (item 2):
1 Mar 2005
|
—
|
|
Financial Framework Legislation Amendment Act 2005
|
8, 2005
|
22 Feb 2005
|
S. 4 and Schedule 1
(items 109, 496): Royal Assent
|
S. 4 and Sch. 1 (item 496)
|
|
Broadcasting Services Amendment (Anti‑Siphoning)
Act 2005
|
43, 2005
|
1 Apr 2005
|
2 Apr 2005
|
Sch. 1 (item 2)
|
|
Australian Communications and Media Authority
(Consequential and Transitional Provisions) Act 2005
|
45, 2005
|
1 Apr 2005
|
Schedule 1 (items 6–58)
and Schedule 4: 1 July 2005 (o)
Schedule 2: (o)
|
Sch. 4
|
|
Broadcasting Services Amendment (Subscription
Television Drama and Community Broadcasting Licences) Act 2006
|
71, 2006
|
23 June 2006
|
Schedule 1: 1 Jan 2006
Remainder: Royal Assent
|
Sch. 1 (item 62)
|
|
Communications Legislation Amendment (Enforcement
Powers) Act 2006
|
120, 2006
|
4 Nov 2006
|
Schedule 1: 4 Feb 2007
Remainder: Royal Assent
|
Sch. 1 (items 53,
54)
|
|
Broadcasting Legislation Amendment Act (No. 1)
2006
|
127, 2006
|
4 Nov 2006
|
5 Nov 2006
|
—
|
|
Broadcasting Legislation
Amendment (Digital Television) Act 2006
|
128, 2006
|
4 Nov 2006
|
Schedule 1 (items 1–20,
28, 28A): 5 Nov 2006
Schedule 2 (items 1A, 1–88, 88A, 93,
93A–93E): 1 Jan 2007
Schedule 2A (items 1–27): 4 May 2007
Schedule 3 (items 1–16): 1 Jan 2009
|
Sch. 1 (items 28,
28A) and Sch. 2 (items 93, 93A–93E)
|
|
as amended by
|
|
|
|
|
|
Statute Law Revision Act 2008
|
73, 2008
|
3 July 2008
|
Schedule 2 (item 2):
(p)
|
—
|
|
Broadcasting Services Amendment (Media Ownership) Act
2006
|
129, 2006
|
4 Nov 2006
|
Schedule 1: 1 Feb 2007
Schedule 2: 4 Apr 2007 (see F2007L00837)
Schedule 3: 1 Jan 2009
Remainder: Royal Assent
|
—
|
|
Broadcasting Services Amendment (Collection of
Datacasting Transmitter Licence Fees) Act 2006
|
153, 2006
|
8 Dec 2006
|
1 Jan 2007
|
—
|
|
Statute Law Revision Act 2007
|
8, 2007
|
15 Mar 2007
|
Schedule 1 (item 2):
Royal Assent
|
—
|
|
Classification (Publications, Films and Computer Games)
Amendment Act 2007
|
27, 2007
|
15 Mar 2007
|
Schedule 1 (items 1–3,
16, 17): 1 July 2007 (see F2007L01781)
|
Sch. 1 (items 16,
17)
|
|
Broadcasting Legislation Amendment Act 2007
|
28, 2007
|
15 Mar 2007
|
15 Mar 2007
|
—
|
|
Broadcasting Legislation Amendment (Digital Radio) Act
2007
|
68, 2007
|
28 May 2007
|
Schedule 1 (items 1–118,
183–185): 29 May 2007
|
Sch. 1 (items
183–185)
|
|
Communications
Legislation Amendment (Content Services) Act 2007
|
124, 2007
|
20 July 2007
|
Schedule 1
(items 8–77, 100–104): 20 Jan 2008
Schedule 1 (items 106, 107): Royal Assent
Schedule 2 (item 1): 20 July 2008
|
Sch. 1 (items
100–104, 106, 107)
|
|
Communications
Legislation Amendment (Miscellaneous Measures) Act 2008
|
72, 2008
|
3 July 2008
|
Schedule 1: 4 July 2008
Remainder: Royal Assent
|
Sch. 1 (item 5)
|
|
Statute Law Revision Act
2008
|
73, 2008
|
3 July 2008
|
Schedule 1 (items 15,
16): Royal Assent
|
—
|
|
Broadcasting Legislation
Amendment (Digital Radio) Act 2008
|
114, 2008
|
31 Oct 2008
|
1 Nov 2008
|
—
|
|
Same‑Sex Relationships (Equal Treatment in
Commonwealth Laws—General Law Reform) Act 2008
|
144, 2008
|
9 Dec 2008
|
Schedule 3 (items 3–10):
10 Dec 2008
|
Sch. 3 (item 10)
|
|
Broadcasting Legislation Amendment (Digital Television
Switch‑over) Act 2008
|
158, 2008
|
18 Dec 2008
|
Schedule 1: 19 Dec 2008
Schedule 2: 16 Feb 2009
Remainder: Royal Assent
|
Sch. 2 (items 21, 22)
|
(a) The Broadcasting Services Act 1992 was
amended by sections 10–20 only of the Transport and Communications
Legislation Amendment Act (No. 3) 1992, subsections 2(1) and (10) of
which provide as follows:
(1) Subject to this section, this Act
commences on the day on which it receives the Royal Assent.
(10) If the commencement of sections 14
and 19 is not fixed by Proclamation published in the Gazette within the
period of 6 months beginning on the day on which this Act receives the Royal
Assent, those sections commence on the first day after the end of that period.
(b) The Broadcasting Services Act 1992 was
amended by sections 36 and 37 only of the Tobacco Advertising
Prohibition Act 1992, subsection 2(3) of which provides as follows:
(3) Part 5 commences on 1 July 1993.
(c) The Broadcasting Services Act 1992 was
amended by section 3 (items 6–51) only of the Communications and
the Arts Legislation Amendment Act (No. 1) 1995, subsection 2(1) of
which provides as follows:
(1) Subject to this section, this Act
commences on the day on which it receives the Royal Assent.
(d) The Broadcasting Services Act 1992 was
amended by section 77 only of the Competition Policy Reform Act 1995,
subsection 2(2) of which provides as follows:
(2) Part 3 commences on a day to be
fixed by Proclamation. However, if Part 3 does not commence by
Proclamation within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, then it commences on the first day after the end
of that period.
(e) The Broadcasting Services Act 1992 was
amended by Schedule 1 (items 7–14) only of the Telecommunications
(Transitional Provisions and Consequential Amendments) Act 1997,
subsections 2(2)(d) and (5) of which provide as follows:
(2) The following provisions commence on 1 July 1997:
(d) Schedule 1;
(5) If the Broadcasting Services
Amendment Act 1997 does not commence before 1 July 1997, the amendments of section 171 of the Broadcasting Services Act 1992 made by
this Act commence immediately after the commencement of the Broadcasting
Services Amendment Act 1997.
The Broadcasting Services Amendment Act 1997 came
into operation on 7 July 1997.
(f) The Broadcasting Services Act 1992 was
amended by Schedule 2 (items 597–604) only of the Audit
(Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of
which provides as follows:
(2) Schedules 1, 2 and 4 commence on
the same day as the Financial Management and Accountability Act 1997.
(g) The Broadcasting Services Act 1992 was
amended by Schedule 1 (item 24) only of the Financial Sector
Reform (Consequential Amendments) Act 1998, subsection 2(2) of which
provides as follows:
(2) Subject to subsections (3) to
(14), Schedules 1, 2 and 3 commence on the commencement of the Australian
Prudential Regulation Authority Act 1998.
(h) The Broadcasting
Services Act 1992 was amended by Schedule 1 (items 282 and 283)
only of the Public Employment (Consequential and Transitional) Amendment Act
1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means
the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act
commences at the commencing time.
(i) The Broadcasting
Services Act 1992 was amended by Schedule 10 (item 68) only of
the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c)
of which provides as follows:
(2) The
following provisions commence on a day or days to be fixed by Proclamation:
(c) the items in Schedules 10,
11 and 12.
(j) Subsection 2(3) of the Broadcasting
Services Amendment Act (No. 1) 1999 provides as follows:
(3) Part 2 of Schedule 3
commences immediately after the commencement of the Copyright Amendment
(Digital Agenda) Act 2000.
The Copyright Amendment (Digital Agenda) Act
2000 came into operation on 4 March 2001.
(k) Subsection 2(3)(a) of the Communications
and the Arts Legislation Amendment (Application of Criminal Code) Act 2001
provides as follows:
(3) If section 1 of this Act
commences before 1 July 2001:
(a) item 21 of
Schedule 1 to the Broadcasting Services Amendment Act (No. 3) 1999
does not commence (despite section 2 of that Act);
Section 1 commenced on 24 May 2001.
(l) Subsection 2(2) of the Broadcasting Services
Amendment Act 2000 provides as follows:
(2) Schedule 2 commences immediately
after the commencement of item 140 of Schedule 1 to the Broadcasting
Services Amendment (Digital Television and Datacasting) Act 2000.
Schedule 1 (item 140) commenced on 1 January 2001 (see Gazette 2000, No. GN50).
(m) The Broadcasting
Services Act 1992 was amended by Schedule 1 (items 18–38) only of
the Communications and the Arts Legislation Amendment (Application of
Criminal Code) Act 2001, subsections 2(1)(a) and (3)(b) of which provide as
follows:
(1) Subject to this section, this Act
commences at the latest of the following times:
(a) immediately after the
commencement of item 15 of Schedule 1 to the Criminal Code
Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
(3) If section 1 of this Act
commences before 1 July 2001:
(b) item 27 of
Schedule 1 to this Act commences on 1 July 2001.
Item 15 commenced on 24 May 2001.
(n) The Broadcasting Services Act 1992 was
amended by Schedule 3 (items 88–93) only of the Corporations
(Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of
which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as
the Corporations Act 2001.
(o) Subsection 2(1) (items 2, 3 and 10) of
the Australian Communications and Media Authority (Consequential and
Transitional Provisions) Act 2005 provides as follows:
(1) Each provision of this Act specified
in column 1 of the table commences, or is taken to have commenced, in
accordance with column 2 of the table. Any other statement in column 2 has
effect according to its terms.
|
Commencement information
|
|
Column 1
|
Column 2
|
Column 3
|
|
Provision(s)
|
Commencement
|
Date/Details
|
|
2.
Schedule 1
|
At the same
time as section 6 of the Australian Communications and Media
Authority Act 2005 commences.
|
1 July
2005
|
|
3.
Schedule 2
|
Immediately
after the commencement of the provision(s) covered by table item 2.
|
1 July
2005
|
|
10.
Schedule 4
|
At the
same time as section 6 of the Australian Communications and Media
Authority Act 2005 commences.
|
1 July
2005
|
(p) Subsection
2(1) (item 45) of the Statute Law Revision Act 2008 provides as follows:
(1) Each provision of this Act specified
in column 1 of the table commences, or is taken to have commenced, in
accordance with column 2 of the table. Any other statement in column 2 has
effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
45.
Schedule 2, item 2
|
Immediately
after the time specified in the Broadcasting Legislation Amendment
(Digital Television) Act 2006 for the commencement of item 26 of
Schedule 2A to that Act.
|
4 May
2007
|
Table of Amendments
|
ad. = added or
inserted am. = amended rep. = repealed rs. = repealed and
substituted
|
|
Provision affected
|
How affected
|
|
Title.......................................
|
am. No. 115, 1997; No. 90, 1999; No. 108,
2000; No. 124, 2007
|
|
Part 1
|
|
|
S. 3.......................................
|
am. No. 90, 1999; Nos. 108 and 172, 2000; No. 129,
2006; No. 124, 2007
|
|
S. 4.......................................
|
am. No. 90, 1999; Nos. 108 and 172, 2000; No. 45,
2005; No. 124, 2007
|
|
Heading to s. 5.....................
|
am. No. 45, 2005
|
|
S. 5.......................................
|
am. No. 90, 1999; No. 108, 2000; No. 45,
2005; No. 124, 2007
|
|
S. 6.......................................
|
am. Nos. 167 and 216, 1992; No. 1, 1993; No. 32,
1995; Nos. 59 and 119, 1997; No. 198, 1999; Nos. 108, 137 and 172, 2000;
No. 120, 2002; No. 45, 2005; Nos. 120, 128 and 129, 2006; Nos. 68
and 124, 2007; Nos. 144 and 158, 2008
|
|
Note to s. 7...........................
|
ad. No. 108, 2000
|
|
S. 8A....................................
|
ad. No. 108, 2000
|
|
Ss. 8AA, 8AB......................
|
ad. No. 68, 2007
|
|
S. 8AC..................................
|
ad. No. 68, 2007
|
|
|
am. No. 114, 2008
|
|
S. 8AD..................................
|
ad. No. 68, 2007
|
|
S. 8B....................................
|
ad. No. 120, 2002
|
|
|
am. No. 45, 2005
|
|
S. 10A..................................
|
ad. No. 5, 2001
|
|
Part 2
|
|
|
S. 11.....................................
|
am. No. 172, 2000
|
|
S. 11A..................................
|
ad. No. 172, 2000
|
|
S. 12.....................................
|
am. No. 172, 2000
|
|
S. 17.....................................
|
am. No. 216, 1992
|
|
S. 18.....................................
|
am. No. 216, 1992; No. 108, 2000; No. 128,
2006; No. 68, 2007
|
|
S. 18A..................................
|
ad. No. 172, 2000
|
|
Heading to s. 19...................
|
am. No. 45, 2005
|
|
S. 19.....................................
|
am. No. 172, 2000; No. 45, 2005
|
|
Heading to s. 21...................
|
am. No. 45, 2005
|
|
S. 21.....................................
|
am. No. 172, 2000; No. 45, 2005
|
|
Heading to s. 22...................
|
am. No. 45, 2005
|
|
S. 22.....................................
|
am. No. 45, 2005
|
|
Part 3
|
|
|
S. 23.....................................
|
am. No. 45, 2005
|
|
Heading to s. 24...................
|
am. No. 45, 2005
|
|
S. 24.....................................
|
am. No. 45, 2005
|
|
S. 25.....................................
|
am. No. 167, 1992; No. 45, 2005; No. 68,
2007
|
|
S. 26.....................................
|
am. No. 45, 2005; No. 128, 2006; No. 68,
2007
|
|
S. 26A..................................
|
ad. No. 128, 2006
|
|
|
am. No. 128, 2006
|
|
S. 26B..................................
|
ad. No. 128, 2006
|
|
|
am. No. 128, 2006
|
|
Ss. 26C, 26D........................
|
ad. No. 68, 2007
|
|
S. 27.....................................
|
am. No. 45, 2005
|
|
S. 28.....................................
|
rs. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 45, 2005
|
|
|
rep. No. 128, 2006
|
|
Heading to s. 28A................
|
am. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
S. 28A..................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
S. 29.....................................
|
am. No. 119, 1997; No. 45, 2005
|
|
Heading to s. 30...................
|
am. No. 45, 2005
|
|
S. 30.....................................
|
am. No. 45, 2005
|
|
S. 31.....................................
|
am. No. 119, 1997; No. 45, 2005
|
|
S. 33.....................................
|
am. No. 45, 2005
|
|
S. 34.....................................
|
am. No. 119, 1997; No. 99, 1998; No. 108,
2000; No. 45, 2005
|
|
S. 35.....................................
|
am. No. 45, 2005
|
|
Part 4
|
|
|
S. 35A......................................... ``
|
ad. No. 128, 2006
|
|
|
am. No. 158, 2008
|
|
S. 35B......................................... ``
|
ad. No. 128, 2006
|
|
Ss. 35C, 35D........................
|
ad. No. 68, 2007
|
|
Heading to s. 36...................
|
am. No. 45, 2005
|
|
S. 36
|
am. No. 45, 2005; No. 128, 2006
|
|
S. 36A..................................
|
ad. No. 68, 2007
|
|
S. 37.....................................
|
am. No. 45, 2005
|
|
Heading to s. 38...................
|
am. No. 45, 2005
|
|
S. 38.....................................
|
am. No. 45, 2005
|
|
Subhead. to s. 38A(2).........
|
am. No. 45, 2005
|
|
S. 38A..................................
|
ad. No. 139, 1995
|
|
|
am. No. 99, 1998; No. 108, 2000; No. 45,
2005; No. 128, 2006
|
|
S. 38B..................................
|
ad. No. 108, 2000
|
|
|
am. No. 92, 2001; No. 108, 2003; No. 45,
2005; Nos. 127 and 128, 2006
|
|
Subhead. to s. 39(4)............
|
am. No. 45, 2005
|
|
S. 39.....................................
|
rs. No. 139, 1995
|
|
|
am. No. 45, 2005
|
|
S. 40.....................................
|
am. No. 45, 2005; No. 128, 2006
|
|
S. 41.....................................
|
am. No. 108, 2000; No. 45, 2005; No. 120,
2006
|
|
Ss. 41A–41C........................
|
ad. No. 128, 2006
|
|
S. 41D..................................
|
ad. No. 68, 2007
|
|
Heading to s. 43...................
|
am. No. 45, 2005
|
|
S. 43.....................................
|
am. No. 45, 2005
|
|
Ss. 43A–43C........................
|
ad. No. 129, 2006
|
|
S. 43D..................................
|
ad. No. 68, 2007
|
|
S. 44.....................................
|
am. No. 45, 2005
|
|
S. 46.....................................
|
am. No. 45, 2005
|
|
Heading to s. 47...................
|
am. No. 45, 2005
|
|
S. 47.....................................
|
am. No. 45, 2005
|
|
S. 49.....................................
|
am. No. 45, 2005
|
|
Part 5
|
|
|
Heading to Part 5..................
|
rs. No. 108, 2000
|
|
Division 1
|
|
|
S. 50A..................................
|
ad. No. 129, 2006
|
|
S. 51A..................................
|
ad. No. 128, 2006
|
|
S. 52.....................................
|
am. No. 45, 2005
|
|
S. 52A..................................
|
ad. No. 129, 2006
|
|
Division 2
|
|
|
Subdivision A
|
|
|
Heading to Subdiv. A...........
of Div. 2 of Part 5
|
ad. No. 108, 2000
|
|
Subdivision B
|
|
|
Subdiv. B of Div. 2 of Part 5.
|
ad. No. 108, 2000
|
|
S. 54A..................................
|
ad. No. 108, 2000
|
|
Subdivision C
|
|
|
Subdiv. C of Div. 2 of Part 5.
|
ad. No. 68, 2007
|
|
S. 54B..................................
|
ad. No. 68, 2007
|
|
Division 3
|
|
|
Subdivision A
|
|
|
Heading to Subdiv. A...........
of Div. 3 of Part 5
|
ad. No. 108, 2000
|
|
Subdivision B
|
|
|
Subdiv. B of Div. 3 of Part 5.
|
ad. No. 108, 2000
|
|
S. 56A..................................
|
ad. No. 108, 2000
|
|
Div. 4 of Part 5.....................
|
rep. No. 129, 2006
|
|
S. 57.....................................
|
am. No. 139, 1995
|
|
|
rep. No. 129, 2006
|
|
S. 58.....................................
|
am. No. 45, 2005
|
|
|
rep. No. 129, 2006
|
|
Division 5
|
|
|
Heading to Div. 5 of Part 5...
|
rs. No. 129, 2006
|
|
S. 59.....................................
|
am. No. 143, 1997; No. 45, 2005; No. 129,
2006
|
|
Ss. 60, 61.............................
|
rep. No. 129, 2006
|
|
Division 5A
|
|
|
Div. 5A of Part 5...................
|
ad. No. 129, 2006
|
|
Subdivision A
|
|
|
S. 61AA...............................
|
ad. No. 129, 2006
|
|
|
am. No. 129, 2006
|
|
S. 61AB................................
|
ad. No. 129, 2006
|
|
S. 61AC................................
|
ad. No. 129, 2006
|
|
|
am. No. 129, 2006
|
|
Ss. 61AD, 61AE...................
|
ad. No. 129, 2006
|
|
S. 61AEA.............................
|
ad. No. 129, 2006
|
|
S. 61AF................................
|
ad. No. 129, 2006
|
|
Subdivision B
|
|
|
Ss. 61AG, 61AH..................
|
ad. No. 129, 2006
|
|
Ss. 61AJ–61AM...................
|
ad. No. 129, 2006
|
|
Subdivision BA
|
|
|
Ss. 61AMA–61AMF.............
|
ad. No. 129, 2006
|
|
Subdivision C
|
|
|
S. 61AN................................
|
ad. No. 129, 2006
|
|
S. 61ANA.............................
|
ad. No. 129, 2006
|
|
Ss. 61AP–61AR...................
|
ad. No. 129, 2006
|
|
Subdivision D
|
|
|
Ss. 61AS, 61AT...................
|
ad. No. 129, 2006
|
|
Subdivision E
|
|
|
Ss. 61AU–61AZ...................
|
ad. No. 129, 2006
|
|
Ss. 61AZA–61AZC..............
|
ad. No. 129, 2006
|
|
S. 61AZCA...........................
|
ad. No. 129, 2006
|
|
Ss. 61AZD–61AZH..............
|
ad. No. 129, 2006
|
|
Division 5B
|
|
|
Div. 5B of Part 5...................
|
ad. No. 129, 2006
|
|
Ss. 61BA–61BH...................
|
ad. No. 129, 2006
|
|
Division 5C
|
|
|
Div. 5C of Part 5...................
|
ad. No. 129, 2006
|
|
Subdivision A
|
|
|
Ss. 61CA–61CC...................
|
ad. No. 129, 2006
|
|
Subdivision B
|
|
|
Ss. 61CD, 61CE....................
|
ad. No. 129, 2006
|
|
Subdivision C
|
|
|
Ss. 61CF–61CH....................
|
ad. No. 129, 2006
|
|
Ss. 61CJ–61CN....................
|
ad. No. 129, 2006
|
|
Ss. 61CP, 61CPA, 61CQ......
|
ad. No. 129, 2006
|
|
Subdivision D
|
|
|
Ss. 61CR–61CT....................
|
ad. No. 129, 2006
|
|
Division 6
|
|
|
Heading to s. 62...................
|
am. No. 129, 2006
|
|
Subhead. to s. 62(1)............
|
ad. No. 129, 2006
|
|
|
am. No. 68, 2007
|
|
S. 62.....................................
|
am. No. 32, 1995; No. 108, 2000; No. 45,
2005; No. 129, 2006; No. 68, 2007
|
|
Subhead. to s. 63(1)............
|
ad. No. 129, 2006
|
|
|
am. No. 68, 2007
|
|
S. 63.....................................
|
am. No. 32, 1995; No. 108, 2000; No. 45,
2005; No. 129, 2006; No. 68, 2007
|
|
Heading to s. 64...................
|
am. No. 108, 2000; No. 45, 2005; No. 129,
2006
|
|
Subhead. to s. 64(1)............
|
ad. No. 129, 2006
|
|
|
am. No. 68, 2007
|
|
S. 64.....................................
|
am. No. 32, 1995; No. 108, 2000; No. 45,
2005; No. 129, 2006, No. 68, 2007
|
|
Heading to s. 65...................
|
am. No. 45, 2005
|
|
|
rs. No. 129, 2006
|
|
S. 65.....................................
|
am. No. 32, 1995; No. 45, 2005
|
|
|
rs. No. 129, 2006
|
|
Ss. 65A, 65B........................
|
ad. No. 120, 2006
|
|
Division 7
|
|
|
S. 66.....................................
|
am. No. 32, 1995; No. 108, 2000; No. 5,
2001; No. 45, 2005; No. 129, 2006
|
|
S. 67.....................................
|
am. No. 45, 2005; No. 129, 2006
|
|
S. 68.....................................
|
am. No. 45, 2005
|
|
S. 69.....................................
|
am. No. 32, 1995; No. 108, 2000
|
|
Division 8
|
|
|
Heading to Div. 8..................
of Part 5
|
am. No. 45, 2005
|
|
Heading to s. 70...................
|
am. No. 45, 2005
|
|
S. 70.....................................
|
am. No. 45, 2005; No. 129, 2006
|
|
S. 71.....................................
|
am. No. 45, 2005
|
|
S. 72.....................................
|
am. No. 32, 1995; No. 108, 2000
|
|
Division 9
|
|
|
S. 73.....................................
|
rs. No. 139, 1995; No. 99, 1998
|
|
|
am. No. 108, 2000
|
|
S. 73A..................................
|
ad. No. 108, 2000
|
|
|
rs. No. 92, 2001
|
|
Division 10
|
|
|
Heading to Div. 10................
of Part 5
|
am. No. 45, 2005
|
|
Heading to s. 74...................
|
am. No. 45, 2005
|
|
S. 74.....................................
|
am. No. 108, 2000; No. 45, 2005
|
|
Division 11
|
|
|
S. 75.....................................
|
am. No. 139, 1995; No. 99, 1998; No. 108,
2000; No. 45, 2005
|
|
Part 6
|
|
|
S. 79A..................................
|
ad. No. 119, 1997
|
|
Heading to s. 80...................
|
am. No. 45, 2005
|
|
S. 80.....................................
|
am. No. 45, 2005
|
|
S. 81.....................................
|
am. No. 120, 2002; No. 45, 2005
|
|
S. 82.....................................
|
am. No. 45, 2005; No. 68, 2007
|
|
S. 83 ....................................
|
am. No. 108, 2000; No. 120, 2002; No. 45,
2005; No. 120, 2006
|
|
S. 84.....................................
|
am. No. 45, 2005
|
|
S. 84A..................................
|
ad. No. 68, 2007
|
|
Heading to s. 85...................
|
am. No. 45, 2005
|
|
S. 85.....................................
|
am. No. 45, 2005
|
|
S. 85A..................................
|
ad. No. 68, 2007
|
|
S. 86.....................................
|
am. No. 120, 2002
|
|
Heading to s. 87...................
|
am. No. 45, 2005
|
|
S. 87.....................................
|
am. No. 120, 2002; No. 45, 2005
|
|
S. 87A..................................
|
ad. No. 120, 2002
|
|
|
am. No. 45, 2005
|
|
S. 87B..................................
|
ad. No. 68, 2007
|
|
S. 88.....................................
|
am. No. 45, 2005
|
|
S. 89.....................................
|
am. No. 72, 2008
|
|
Subhead. to s. 90(2)............
|
ad. No. 72, 2008
|
|
S. 90.....................................
|
am. No. 120, 2002; No. 45, 2005; No. 72, 2008
|
|
Heading to s. 91...................
|
rs. No. 120, 2002
|
|
|
am. No. 45, 2005
|
|
S. 91.....................................
|
am. No. 120, 2002; No. 45, 2005; No. 72, 2008
|
|
S. 91A..................................
|
ad. No. 71, 2006
|
|
S. 92.....................................
|
am. No. 45, 2005
|
|
Part 6A
|
|
|
Part 6A.................................
|
ad. No. 119, 1997
|
|
Ss. 92A–92C........................
|
ad. No. 119, 1997
|
|
|
am. No. 45, 2005
|
|
S. 92D..................................
|
ad. No. 119, 1997
|
|
|
am. No. 108, 2000; No. 45, 2005; No. 120,
2006
|
|
S. 92E...................................
|
ad. No. 119, 1997
|
|
|
am. No. 45, 2005
|
|
S. 92F...................................
|
ad. No. 119, 1997
|
|
|
am. No. 99, 1998; No. 45, 2005
|
|
S. 92G..................................
|
ad. No. 119, 1997
|
|
|
am. No. 45, 2005
|
|
S. 92H..................................
|
ad. No. 119, 1997
|
|
Heading to s. 92J.................
|
am. No. 45, 2005
|
|
S. 92J...................................
|
ad. No. 119, 1997
|
|
|
am. No. 45, 2005
|
|
S. 92K..................................
|
ad. No. 119, 1997
|
|
S. 92L...................................
|
ad. No. 119, 1997
|
|
|
am. No. 45, 2005
|
|
Part 7
|
|
|
Part 7 ...................................
|
ad. No. 171, 1992
|
|
Division 1
|
|
|
S. 93.....................................
|
ad. No. 171, 1992
|
|
|
am. No. 88, 1995
|
|
|
rep. No. 45, 2005
|
|
S. 94.....................................
|
ad. No. 171, 1992
|
|
|
am. No. 1, 1993
|
|
S. 95.....................................
|
ad. No. 171, 1992
|
|
|
am. No. 45, 2005
|
|
S. 96.....................................
|
ad. No. 171, 1992
|
|
|
am. No. 1, 1993; No. 88, 1995; No. 45,
2005
|
|
S. 96A..................................
|
ad. No. 1, 1993
|
|
|
am. No. 88, 1995; No. 45, 2005
|
|
|
rep. No. 129, 2006
|
|
S. 97.....................................
|
ad. No. 171, 1992
|
|
|
am. No. 88, 1995; No. 45, 2005
|
|
S. 98.....................................
|
ad. No. 171, 1992
|
|
|
am. No. 108, 2000; No. 45, 2005; No. 120,
2006
|
|
Ss. 98A, 98B........................
|
ad. No. 2, 1993
|
|
|
am. No. 88, 1995
|
|
|
rep. No. 45, 2005
|
|
S. 98C..................................
|
ad. No. 2, 1993
|
|
|
rep. No. 45, 2005
|
|
S. 98D..................................
|
ad. No. 2, 1993
|
|
Division 2
|
|
|
S. 99.....................................
|
ad. No. 171, 1992
|
|
|
am. No. 45, 2005
|
|
S. 100...................................
|
ad. No. 171, 1992
|
|
|
am. No. 1, 1993; No. 45, 2005;
No. 27, 2007
|
|
S. 101...................................
|
ad. No. 171, 1992
|
|
|
rep. No. 45, 2005
|
|
S. 102...................................
|
ad. No. 171, 1992
|
|
|
rep. No. 198, 1999
|
|
S. 103...................................
|
ad. No. 171, 1992
|
|
|
rep. No. 45, 2005
|
|
Division 2A
|
|
|
Div. 2A of Part 7...................
|
ad. No. 198, 1999
|
|
Subdivision A
|
|
|
S. 103A................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
S. 103B................................
|
ad. No. 198, 1999
|
|
|
am. No. 198, 1999; No. 55,
2001; No. 71, 2006
|
|
Ss. 103C–103G....................
|
ad. No. 198, 1999
|
|
Heading to s. 103H...............
|
am. No. 71, 2006
|
|
Ss. 103H, 103J.....................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
S. 103JA..............................
|
ad. No. 71, 2006
|
|
S. 103K................................
|
ad. No. 198, 1999
|
|
Heading to s. 103L...............
|
am. No. 45, 2005
|
|
S. 103L.................................
|
ad. No. 198, 1999
|
|
|
am. No. 45, 2005; No. 71, 2006
|
|
S. 103M................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Subdivision B
|
|
|
S. 103N................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Note to s. 103N(3)................
|
am. No. 71, 2006
|
|
S. 103NA..............................
|
ad. No. 71, 2006
|
|
S. 103P.................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
S. 103Q................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Subdivision C
|
|
|
S. 103R................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Note to s. 103R(4)................
|
am. No. 71, 2006
|
|
S. 103RA..............................
|
ad. No. 71, 2006
|
|
S. 103S................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Subdivision D
|
|
|
S. 103T.................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Note to s. 103T.....................
|
rep. No. 198, 1999
|
|
S. 103TA..............................
|
ad. No. 71, 2006
|
|
Subdivision E
|
|
|
S. 103U................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Note to s. 103U(3)................
|
am. No. 71, 2006
|
|
S. 103UA..............................
|
ad. No. 71, 2006
|
|
Ss. 103V, 103W...................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Subdivision F
|
|
|
S. 103X................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Note to s. 103X(4)................
|
am. No. 71, 2006
|
|
S. 103XA..............................
|
ad. No. 71, 2006
|
|
S. 103Y................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Subdivision G
|
|
|
S. 103Z................................
|
ad. No. 198, 1999
|
|
|
am. No. 71, 2006
|
|
Note to s. 103Z....................
|
rep. No. 198, 1999
|
|
S. 103ZAA...........................
|
ad. No. 71, 2006
|
|
Subdivision H
|
|
|
Ss. 103ZA, 103ZB...............
|
ad. No. 198, 1999
|
|
|
am. No. 45, 2005
|
|
Heading to s. 103ZC............
|
am. No. 45, 2005
|
|
S. 103ZC..............................
|
ad. No. 198, 1999
|
|
|
am. No. 45, 2005
|
|
S. 103ZD..............................
|
ad. No. 198, 1999
|
|
Subdivision I
|
|
|
Heading to s. 103ZE.............
|
am. No. 45, 2005
|
|
S. 103ZE..............................
|
ad. No. 198, 1999
|
|
|
am. No. 45, 2005; No. 71, 2006
|
|
S. 103ZF..............................
|
ad. No. 198, 1999
|
|
|
am. No. 45, 2005
|
|
Subdivision J
|
|
|
S. 103ZG..............................
|
ad. No. 198, 1999
|
|
|
am. No. 45, 2005
|
|
Ss. 103ZH, 103ZJ................
|
ad. No. 198, 1999
|
|
Ss. 103ZK, 103ZL................
|
ad. No. 198, 1999
|
|
|
rep. No. 198, 1999
|
|
Subdiv. K of Div. 2A of Part 7................................
|
rep. No. 198, 1999
|
|
Ss. 103ZM, 103ZN...............
|
ad. No. 198, 1999
|
|
|
rep. No. 198, 1999
|
|
Div. 3 of Part 7.....................
|
rep. No. 129, 2006
|
|
S. 104...................................
|
ad. No. 171, 1992
|
|
|
rep. No. 129, 2006
|
|
S. 105...................................
|
ad. No. 171, 1992
|
|
|
am. No. 45, 2005
|
|
|
rep. No. 129, 2006
|
|
Ss. 106–110.........................
|
ad. No. 171, 1992
|
|
|
rep. No. 129, 2006
|
|
Div. 4 of Part 7.....................
|
rep. No. 129, 2006
|
|
S. 111...................................
|
ad. No. 171, 1992
|
|
|
am. No. 32, 1995
|
|
|
rep. No. 129, 2006
|
|
Div. 5 of Part 7.....................
|
rep. No. 129, 2006
|
|
S. 112...................................
|
ad. No. 171, 1992
|
|
|
am. No. 32, 1995; No. 45, 2005
|
|
|
rep. No. 129, 2006
|
|
Division 6
|
|
|
S. 113...................................
|
ad. No. 171, 1992
|
|
S. 114...................................
|
ad. No. 171, 1992
|
|
|
am. No. 45, 2005
|
|
S. 115...................................
|
ad. No. 171, 1992
|
|
|
am. No. 139, 1995; No. 92, 2001; No. 43,
2005
|
|
S. 115A................................
|
ad. No. 128, 2006
|
|
S. 116...................................
|
ad. No. 171, 1992
|
|
|
am. No. 139, 1995
|
|
Ss. 116A–116C....................
|
ad. No. 171, 1992
|
|
Part 8
|
|
|
Ss. 117, 118.........................
|
am. No. 45, 2005
|
|
S. 119...................................
|
am. No. 45, 2005; No. 27, 2007
|
|
S. 120...................................
|
am. No. 45, 2005
|
|
Part 8A
|
|
|
Part 8A.................................
|
ad. No. 197, 1999
|
|
S. 121A................................
|
ad. No. 197, 1999
|
|
|
am. No. 45, 2005
|
|
S. 121B................................
|
ad. No. 197, 1999
|
|
|
am. No. 55, 2001
|
|
Ss. 121C, 121D....................
|
ad. No. 197, 1999
|
|
Heading to s. 121E...............
|
am. No. 45, 2005
|
|
S. 121E.................................
|
ad. No. 197, 1999
|
|
|
am. No. 45, 2005
|
|
Part 8B
|
|
|
Part 8B.................................
|
ad. No. 172, 2000
|
|
Division 1
|
|
|
S. 121F.................................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
S. 121FAA...........................
|
ad. No. 172, 2000
|
|
Division 2
|
|
|
Ss. 121FA, 121FB................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
S. 121FC..............................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005; No. 120, 2006
|
|
Ss. 121FD, 121FE................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
Division 3
|
|
|
S. 121FF...............................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
Division 4
|
|
|
S. 121FG..............................
|
ad. No. 172, 2000
|
|
|
am. No. 120, 2006
|
|
S. 121FH..............................
|
ad. No. 172, 2000
|
|
|
am. No. 5, 2001; No. 45, 2005
|
|
|
rs. No. 120, 2006
|
|
Ss. 121FHA, 121FHB...........
|
ad. No. 120, 2006
|
|
S. 121FJ...............................
|
ad. No. 172, 2000
|
|
|
am. No. 5, 2001
|
|
Ss. 121FJA–121FJD............
|
ad. No. 120, 2006
|
|
Ss. 121FK, 121FL................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
Division 4A
|
|
|
S. 121FLA............................
|
ad. No. 172, 2000
|
|
Ss. 121FLB–121FLE............
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
S. 121FLF.............................
|
ad. No. 172, 2000
|
|
|
am. No. 5, 2001
|
|
Ss. 121FLG, 121FLH............
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
S. 121FLJ.............................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
Division 5
|
|
|
Heading to Div. 5..................
of Part 8B
|
am. No. 45, 2005
|
|
Ss. 121FM, 121FN................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
Division 6
|
|
|
Ss. 121FP–121FR................
|
ad. No. 172, 2000
|
|
|
am. No. 45, 2005
|
|
S. 121FS..............................
|
ad. No. 172, 2000
|
|
Part 9
|
|
|
S. 122...................................
|
am. No. 120, 2002; No. 120, 2004; No. 45,
2005; No. 128, 2006
|
|
S. 123 ..................................
|
am. No. 216, 1992; No. 180, 1997; No. 120,
2002; No. 61, 2004; No. 45, 2005; No. 128, 2006; Nos. 27
and 68, 2007
|
|
Heading to s. 123A..............
|
am. No. 45, 2005
|
|
S. 123A................................
|
ad. No. 216, 1992
|
|
|
am. No. 180, 1997; No. 45, 2005
|
|
Heading to s. 124.................
|
am. No. 45, 2005
|
|
S. 124...................................
|
am. No. 45, 2005
|
|
Heading to s. 125.................
|
am. No. 45, 2005
|
|
Ss. 125–127.........................
|
am. No. 45, 2005
|
|
S. 128 ..................................
|
rs. No. 171, 1992
|
|
Heading to s. 129.................
|
am. No. 45, 2005
|
|
S. 129...................................
|
am. No. 45, 2005
|
|
Part 9A
|
|
|
Part 9A.................................
|
ad. No. 128, 2006
|
|
Heading to s. 130A..............
|
am. No. 68, 2007
|
|
S. 130A................................
|
ad. No. 128, 2006
|
|
|
am. No. 68, 2007
|
|
Ss. 130AA, 130AB..............
|
ad. No. 68, 2007
|
|
Heading to s. 130B...............
|
am. No. 68, 2007
|
|
S. 130B................................
|
ad. No. 128, 2006
|
|
S. 130BA..............................
|
ad. No. 68, 2007
|
|
Part 9B
|
|
|
Part 9B.................................
|
ad. No. 128, 2006
|
|
Division 1
|
|
|
S. 130C................................
|
ad. No. 128, 2006
|
|
Division 2
|
|
|
Ss. 130D, 130E....................
|
ad. No. 128, 2006
|
|
S. 130F.................................
|
ad. No. 128, 2006
|
|
|
am. No. 68, 2007
|
|
Ss. 130G, 130H....................
|
ad. No. 128, 2006
|
|
Division 3
|
|
|
Ss. 130J, 130K.....................
|
ad. No. 128, 2006
|
|
S. 130L.................................
|
ad. No. 128, 2006
|
|
|
am. Nos. 68 and 124, 2007
|
|
Division 4
|
|
|
Ss. 130M, 130N....................
|
ad. No. 128, 2006
|
|
Ss. 130P, 130Q....................
|
ad. No. 128, 2006
|
|
Division 5
|
|
|
Ss. 130R–130Z....................
|
ad. No. 128, 2006
|
|
Division 6
|
|
|
S. 130ZA..............................
|
ad. No. 128, 2006
|
|
Part 10
|
|
|
Division 1
|
|
|
S. 131...................................
|
am. No. 32, 1995
|
|
S. 132...................................
|
am. No. 32, 1995; No. 120, 2006
|
|
Ss. 133–135.........................
|
am. No. 32, 1995
|
|
Division 1A
|
|
|
Div. 1A of Part 10.................
|
ad. No. 120, 2006
|
|
Ss. 136A–136F....................
|
ad. No. 120, 2006
|
|
Division 2
|
|
|
Heading to Div. 2..................
of Part 10
|
am. No. 45, 2005
|
|
S. 137...................................
|
am. No. 45, 2005
|
|
|
rs. No. 120, 2006
|
|
S. 138...................................
|
am. No. 32, 1995
|
|
|
rs. No. 120, 2006
|
|
S. 138A................................
|
ad. No. 120, 2006
|
|
Division 3
|
|
|
S. 139...................................
|
am. No. 32, 1995;
No. 119, 1997; No. 198, 1999
|
|
|
rs. No. 5, 2001
|
|
|
am. No. 5, 2001; No. 120, 2006
|
|
S. 140A................................
|
ad. No. 120, 2006
|
|
S. 141...................................
|
am. No. 45, 2005
|
|
|
rs. No. 120, 2006
|
|
S. 142...................................
|
am. No. 32, 1995
|
|
|
rs. No. 120, 2006
|
|
S. 142A................................
|
ad. No. 120, 2006
|
|
S. 143...................................
|
am. No. 198, 1999; No. 55, 2001; No. 45,
2005
|
|
Division 4
|
|
|
S. 144...................................
|
am. No. 45, 2005
|
|
Div. 5 of Part 10...................
|
rep. No. 120, 2006
|
|
S. 145...................................
|
rep. No. 120, 2006
|
|
S. 146...................................
|
am. No. 45, 2005
|
|
|
rep. No. 120, 2006
|
|
Part 10A
|
|
|
Part 10A...............................
|
ad. No. 197, 1999
|
|
Division 1
|
|
|
S. 146A................................
|
ad. No. 197, 1999
|
|
S. 146B................................
|
ad. No. 197, 1999
|
|
|
am. No. 55, 2001; No. 128, 2006
|
|
S. 146C................................
|
ad. No. 197, 1999
|
|
S. 146CA..............................
|
ad. No. 197, 1999
|
|
Subhead. to s. 146D(4)........
|
am. No. 45, 2005
|
|
S. 146D................................
|
ad. No. 197, 1999
|
|
|
am. No. 45, 2005
|
|
Division 2
|
|
|
Ss. 146E–146H....................
|
ad. No. 197, 1999
|
|
Ss. 146J, 146K.....................
|
ad. No. 197, 1999
|
|
S. 146KA..............................
|
ad. No. 197, 1999
|
|
Division 3
|
|
|
Ss. 146L–146N....................
|
ad. No. 197, 1999
|
|
Ss. 146P–146R....................
|
ad. No. 197, 1999
|
|
Division 4
|
|
|
S. 146S................................
|
ad. No. 197, 1999
|
|
Part 11
|
|
|
Heading to Part 11................
|
am. No. 45, 2005
|
|
Division 1
|
|
|
S. 147...................................
|
am. No. 45, 2005; No. 120, 2006
|
|
S. 148...................................
|
am. No. 45, 2005
|
|
Heading to s. 149.................
|
am. No. 45, 2005
|
|
S. 149...................................
|
am. No. 45, 2005; No. 120, 2006
|
|
Division 2
|
|
|
Heading to Div. 2 of Part 11.
|
rs. No. 23, 2001
|
|
Heading to s. 150.................
|
am. No. 23, 2001
|
|
S. 150...................................
|
am. No. 23, 2001; No. 45, 2005
|
|
Heading to s. 151.................
|
am. No. 45, 2005
|
|
S. 151...................................
|
am. No. 23, 2001; No. 45, 2005
|
|
Heading to s. 152.................
|
am. No. 45, 2005
|
|
S. 152...................................
|
am. No. 45, 2005
|
|
Heading to s. 153.................
|
am. No. 45, 2005
|
|
S. 153...................................
|
am. No. 45, 2005
|
|
Part 12..................................
|
rep. No. 45, 2005
|
|
S. 154...................................
|
rep. No. 45, 2005
|
|
Note to s. 154(2)..................
|
ad. No. 152, 1997
|
|
|
rep. No. 45, 2005
|
|
S. 155...................................
|
rep. No. 45, 2005
|
|
S. 156...................................
|
am. No. 32, 1995
|
|
|
rep. No. 45, 2005
|
|
S. 157...................................
|
am. No. 216, 1992; No. 32, 1995
|
|
|
rep. No. 45, 2005
|
|
S. 158...................................
|
am. No. 167, 1992; Nos. 59 and 115, 1997; No. 108,
2000
|
|
|
rep. No. 45, 2005
|
|
S. 159...................................
|
rep. No. 45, 2005
|
|
S. 160...................................
|
am. No. 152, 1997; No. 198, 1999
|
|
|
rep. No. 45, 2005
|
|
S. 161...................................
|
rep. No. 152, 1997
|
|
Ss. 162–164.........................
|
rep. No. 45, 2005
|
|
S. 165...................................
|
am. No. 146, 1999
|
|
|
rep. No. 45, 2005
|
|
Ss. 166, 167.........................
|
rep. No. 45, 2005
|
|
Part 13
|
|
|
Heading to Part 13................
|
am. No. 45, 2005
|
|
Division 1
|
|
|
Heading to s. 168.................
|
am. No. 45, 2005
|
|
S. 168...................................
|
am. No. 45, 2005
|
|
Heading to s. 169.................
|
am. No. 45, 2005
|
|
S. 169...................................
|
am. No. 45, 2005
|
|
Division 2
|
|
|
Heading to s. 170.................
|
am. No. 45, 2005
|
|
S. 170...................................
|
am. No. 45, 2005
|
|
Heading to s. 171.................
|
am. No. 45, 2005
|
|
S. 171...................................
|
rs. No. 115, 1997
|
|
|
am. No. 59, 1997; No. 45, 2005
|
|
Heading to s. 172.................
|
am. No. 45, 2005
|
|
S. 172...................................
|
am. No. 115, 1997; No. 45, 2005
|
|
Ss. 173, 174.........................
|
am. No. 45, 2005
|
|
Ss. 176–180.........................
|
am. No. 45, 2005
|
|
Division 3
|
|
|
S. 181...................................
|
rep. No. 45, 2005
|
|
S. 182...................................
|
am. No. 45, 2005
|
|
Heading to s. 183.................
|
am. No. 45, 2005
|
|
Ss. 183, 184.........................
|
am. No. 45, 2005
|
|
Heading to s. 185.................
|
am. No. 45, 2005
|
|
Ss. 185–190.........................
|
am. No. 45, 2005
|
|
Heading to s. 191.................
|
am. No. 45, 2005
|
|
Ss. 191–196.........................
|
am. No. 45, 2005
|
|
Heading to s. 197.................
|
am. No. 45, 2005
|
|
Ss. 197–199.........................
|
am. No. 45, 2005
|
|
Division 4
|
|
|
S. 200...................................
|
am. No. 45, 2005
|
|
S. 202...................................
|
am. No. 216, 1992; No. 108, 2000; No. 5,
2001; No. 120, 2006
|
|
Note to s. 202(2A)...............
|
am. No. 120, 2006
|
|
S. 203...................................
|
am. No. 45, 2005
|
|
Part 14
|
|
|
S. 204...................................
|
am. No. 216, 1992; No. 139, 1995; Nos. 119
and 143, 1997; No. 99, 1998; Nos. 197 and 198, 1999; Nos. 108 and 172,
2000; Nos. 71, 128 and 129, 2006; No. 68, 2007
|
|
S. 205...................................
|
am. No. 45, 2005
|
|
Part 14A
|
|
|
Part 14A...............................
|
ad. No. 143, 1997
|
|
S. 205A................................
|
ad. No. 143, 1997
|
|
|
am. No. 153, 2006
|
|
Heading to s. 205B...............
|
am. No. 153, 2006
|
|
S. 205B................................
|
ad. No. 143, 1997
|
|
|
am. No. 45, 2005; No. 128, 2006
|
|
Note to s. 205B....................
|
ad. No. 120, 2006
|
|
S. 205BA..............................
|
ad. No. 153, 2006
|
|
S. 205C................................
|
ad. No. 143, 1997
|
|
|
am. No. 45, 2005; No. 153, 2006
|
|
S. 205D................................
|
ad. No. 143, 1997
|
|
|
am. No. 45, 2005; Nos. 120 and 153, 2006
|
|
Part 14B
|
|
|
Part 14B...............................
|
ad. No. 120, 2006
|
|
Division 1
|
|
|
S. 205E.................................
|
ad. No. 120, 2006
|
|
Division 2
|
|
|
S. 205EA..............................
|
ad. No. 120, 2006
|
|
Ss. 205F–205H....................
|
ad. No. 120, 2006
|
|
Ss. 205J–205N.....................
|
ad. No. 120, 2006
|
|
S. 205P.................................
|
ad. No. 120, 2006
|
|
S. 205PAA...........................
|
ad. No. 120, 2006
|
|
Part 14C
|
|
|
Part 14C...............................
|
ad. No. 120, 2006
|
|
S. 205PA..............................
|
ad. No. 120, 2006
|
|
|
am. No. 129, 2006
|
|
S. 205Q................................
|
ad. No. 120, 2006
|
|
|
am. No. 129, 2006
|
|
Ss. 205R–205U....................
|
ad. No. 120, 2006
|
|
Part 14D
|
|
|
Part 14D...............................
|
ad. No. 120, 2006
|
|
Ss. 205V–205X....................
|
ad. No. 120, 2006
|
|
Part 14E
|
|
|
Part 14E................................
|
ad. No. 120, 2006
|
|
S. 205XAA...........................
|
ad. No. 120, 2006
|
|
S. 205XA..............................
|
ad. No. 120, 2006
|
|
Ss. 205Y, 205Z....................
|
ad. No. 120, 2006
|
|
Ss. 205ZA–205ZF...............
|
ad. No. 120, 2006
|
|
Part 15
|
|
|
Heading to s. 206.................
|
am. No. 108, 2000
|
|
S. 206...................................
|
am. No. 108, 2000
|
|
S. 207...................................
|
am. No. 45, 2005
|
|
S. 208...................................
|
am. No. 198, 1999
|
|
|
rep. No. 137, 2000
|
|
S. 209...................................
|
am. No. 32, 1995
|
|
S. 210...................................
|
am. No. 45, 2005
|
|
S. 212...................................
|
am. No. 197, 1999; No. 45, 2005; No. 128,
2006; Nos. 28 and 68, 2007
|
|
S. 212A................................
|
ad. No. 197, 1999
|
|
|
am. No. 55, 2001
|
|
S. 212B................................
|
ad. No. 197, 1999
|
|
S. 214...................................
|
am. Nos. 108 and 172, 2000; No. 120, 2006
|
|
S. 215...................................
|
rs. No. 1, 1993
|
|
|
am. No. 139, 1995
|
|
|
rep. No. 99, 1998
|
|
|
ad. No. 120, 2006
|
|
Ss. 215A, 215B....................
|
ad. No. 68, 2007
|
|
S. 216A................................
|
ad. No. 99, 1998
|
|
S. 216B................................
|
ad. No. 90, 1999
|
|
S. 216C................................
|
ad. No. 108, 2000
|
|
S. 216D................................
|
ad. No. 108, 2000
|
|
|
rep. No. 45, 2005
|
|
|
ad. No. 124, 2007
|
|
S. 216E.................................
|
ad. No. 108, 2000
|
|
|
rep. No. 45, 2005
|
|
S. 217...................................
|
am. No. 32, 1995
|
|
S. 218...................................
|
am. No. 45, 2005
|
|
Schedule 1
|
|
|
Part 1
|
|
|
C. 1...................................
|
am. No. 139, 1995;
Nos. 108 and 172, 2000; No. 45, 2005; No. 68, 2007
|
|
Part 2
|
|
|
C. 2...................................
|
am. No. 108, 2000; No. 129, 2006; No. 68,
2007
|
|
C. 4...................................
|
am. No. 48, 1998; Nos. 108 and 172, 2000; No. 121,
2001; No. 45, 2005; No. 68, 2007
|
|
Part 3
|
|
|
Cc. 6, 7.............................
|
am. No. 139, 1995
|
|
Part 4
|
|
|
C. 8...................................
|
am. No. 139, 1995; No. 45, 2005
|
|
Schedule 2
|
|
|
Part 1
|
|
|
C. 1...................................
|
am. No. 167, 1992; No. 13, 2001; No. 39,
2003; No. 45, 2005
|
|
C. 2...................................
|
am. No. 218, 1992; No. 120, 2002; No. 68,
2007
|
|
Part 2
|
|
|
C. 3A................................
|
ad. No. 216, 1992
|
|
Cc. 4, 5.............................
|
am. No. 45, 2005
|
|
C. 6 ..................................
|
am. No. 39, 2003
|
|
Part 3
|
|
|
C. 7...................................
|
am. Nos. 167, 216 and 218, 1992; No. 143, 1997;
No. 99, 1998; No. 197, 1999; No. 108, 2000; No. 13, 2001;
No. 61, 2004; No. 45, 2005; Nos. 128 and 129, 2006; No. 68,
2007; Nos. 73 and 158, 2008
|
|
Part 4
|
|
|
C. 8...................................
|
am. Nos. 167, 216 and 218, 1992; No. 143, 1997;
No. 197, 1999; No. 45, 2005; No. 129, 2006; No. 68, 2007;
No. 73, 2008
|
|
Part 5
|
|
|
C. 9...................................
|
am. Nos. 216 and 218, 1992; No. 197, 1999; No. 13,
2001; No. 120, 2002; No. 61, 2004; No. 45, 2005; Nos. 71 and
128, 2006; No. 68, 2007
|
|
Part 6
|
|
|
C. 10.................................
|
am. Nos. 216 and 218, 1992; No. 2, 1993; No. 139,
1995; No. 197, 1999; No. 13, 2001; No. 61, 2004; No. 45,
2005; Nos. 128 and 129, 2006; No. 68, 2007
|
|
Part 7
|
|
|
C. 11.................................
|
am. Nos. 216 and 218, 1992; No. 180, 1997; No. 197,
1999; No. 13, 2001; No. 61, 2004; No. 45, 2005; No. 128,
2006; No. 68, 2007
|
|
Schedule 3...........................
|
rep. No. 45, 2005
|
|
Cc. 1–5.............................
|
rep. No. 45, 2005
|
|
C. 6...................................
|
rep. No. 152, 1997
|
|
Cc. 7, 8.............................
|
rep. No. 45, 2005
|
|
C. 9...................................
|
am. No. 152, 1997; No. 156, 1999
|
|
|
rep. No. 45, 2005
|
|
Cc. 10–12.........................
|
rep. No. 45, 2005
|
|
Cc. 13, 14.........................
|
rep. No. 152, 1997
|
|
C. 15.................................
|
rep. No. 45, 2005
|
|
C. 16.................................
|
am. No. 152, 1997
|
|
|
rep. No. 45, 2005
|
|
C. 17.................................
|
rep. No. 45, 2005
|
|
C. 18.................................
|
am. No. 119, 1997; Nos. 90 and 198, 1999; No. 108,
2000
|
|
|
rep. No. 45, 2005
|
|
Schedule 4
|
|
|
Schedule 4...........................
|
ad. No. 99, 1998
|
|
Part 1
|
|
|
C. 1...................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 4, 2003; No. 45,
2005
|
|
C. 2...................................
|
ad.
No. 99, 1998
|
|
|
am. No. 108, 2000; No. 45, 2005; Nos. 127
and 128, 2006; No. 158, 2008
|
|
Cc. 3, 4.............................
|
ad. No. 99, 1998
|
|
Cc. 4A, 4B........................
|
ad. No. 108, 2000
|
|
C. 4C................................
|
ad. No. 128, 2006
|
|
C. 4D................................
|
ad. No. 128, 2006
|
|
C. 5...................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
C. 5A................................
|
ad. No. 108, 2000
|
|
|
am. No. 23, 2001
|
|
|
rep. No. 128, 2006
|
|
|
ad. No. 128, 2006
|
|
C. 5B................................
|
ad. No. 128, 2006
|
|
C. 5C................................
|
ad. No. 128, 2006
|
|
Cc. 5D, 5E........................
|
ad. No. 128, 2006
|
|
C. 5F.................................
|
ad. No. 158, 2008
|
|
C. 5H................................
|
ad. No. 158, 2008
|
|
Part 2
|
|
|
C. 6...................................
|
ad. No. 99, 1998
|
|
|
am. Nos. 108 and 172, 2000; No. 23, 2001; No. 108,
2003; No. 45, 2005; Nos. 127 and 128, 2006; No. 158, 2008
|
|
Note to
c. 6(7A)...............
|
ad. No. 158, 2008
|
|
Cc. 6A,
6B........................
|
ad. No. 158, 2008
|
|
Heading to c. 7.................
|
am. No. 45, 2005
|
|
C. 7...................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
C. 7A................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
C. 7B................................
|
ad. No. 128, 2006
|
|
Subhead.
to c. 8(7)..........
|
am. No. 108, 2000; No. 128, 2006
|
|
C. 8...................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 45, 2005; No. 128,
2006
|
|
Heading
to c. 9.................
|
am. No. 45, 2005
|
|
C. 9...................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005; No. 128, 2006
|
|
Cc. 10–12.........................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Heading to c. 13...............
|
am. No. 45, 2005
|
|
C. 13.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Heading to c. 14...............
|
am. No. 45, 2005
|
|
C. 14.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Heading to c. 15...............
|
am. No. 45, 2005
|
|
C. 15.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Cc. 16, 17.........................
|
ad. No. 99, 1998
|
|
C. 18.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Part 3
|
|
|
Subhead.
to c. 19(7B)......
|
am. No. 128, 2006
|
|
C. 19.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 23, 2001; No. 45,
2005; No. 128, 2006; No. 158, 2008
|
|
C. 20.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 108, 2003; No. 45,
2005; No. 128, 2006
|
|
C. 21.................................
|
ad. No. 99, 1998
|
|
Heading to c. 22...............
|
am. No. 45, 2005
|
|
C. 22.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
C. 22A..............................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Subhead. to c. 23(7)........
|
am. No. 108, 2000; No. 128, 2006
|
|
C. 23.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 45, 2005; No. 128,
2006
|
|
Cc.
24–26.........................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Heading
to c. 27...............
|
am. No. 45, 2005
|
|
C. 27.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Heading to c. 28...............
|
am. No. 45, 2005
|
|
C. 28.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Heading
to c. 29...............
|
am. No. 45, 2005
|
|
C. 29.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Cc. 30–32.........................
|
ad. No. 99, 1998
|
|
C. 33.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
C. 34.................................
|
ad. No. 99, 1998
|
|
C. 35.................................
|
ad. No. 99, 1998
|
|
|
rs. No. 108, 2000
|
|
|
am. No. 128, 2006; No. 158, 2008
|
|
C. 35AA...........................
|
ad. No. 128, 2006
|
|
C. 35A..............................
|
ad. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
C. 36.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 128, 2006
|
|
C. 36A..............................
|
ad. No. 99, 1998
|
|
|
rep. No. 108, 2000
|
|
Part 3A.............................
|
ad. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
Cc.
36B, 36C....................
|
ad. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
Part 4
|
|
|
Heading
to Part 4..............
|
rs. No. 128, 2006
|
|
Heading to Div. 1 of..........
Part 4
|
ad. No. 108,
2000
rep. No. 128, 2006
|
|
Div. 1 of Part 4.................
|
rep. No. 128, 2006
|
|
C. 37.................................
|
ad. No. 99, 1998
|
|
|
rs. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
Cc. 37A–37D....................
|
ad. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
Division 2
|
|
|
Heading to Div. 2 of..........
Part 4
|
rs. No. 128, 2006
|
|
Div. 2 of Part 4.................
|
ad. No. 108, 2000
|
|
C. 37DA............................
|
ad. No. 128, 2006
|
|
C. 37E...............................
|
ad. No. 108, 2000
|
|
|
am. No. 23, 2001; No. 126, 2002; Nos. 4
and 108, 2003; No. 128, 2006
|
|
Subhead. to c. 37EA(2)...
|
am. No. 45, 2005
|
|
|
rep. No. 128, 2006
|
|
C. 37EA............................
|
ad. No. 92, 2001
|
|
|
am. No. 126, 2002; No. 4, 2003; No. 45,
2005
|
|
|
rep. No. 128, 2006
|
|
C. 37F...............................
|
ad. No. 108, 2000
|
|
|
am. No. 23, 2001; No. 126, 2002; No. 4,
2003; No. 128, 2006
|
|
Subhead.
to c. 37FA(2)...
|
am. No. 45, 2005
|
|
|
rep. No. 128, 2006
|
|
C. 37FA............................
|
ad. No. 92, 2001
|
|
|
am. No. 126, 2002; No. 4, 2003; No. 45,
2005
|
|
|
rep. No. 128, 2006
|
|
C. 37G..............................
|
ad. No. 108, 2000
|
|
|
am. No. 92, 2001; No. 45, 2005; Nos. 127
and 128, 2006
|
|
C. 37H..............................
|
ad. No. 108, 2000
|
|
|
am. No. 92, 2001; No. 45, 2005; No. 128,
2006
|
|
C. 37J...............................
|
ad. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
C. 37K..............................
|
ad. No. 108, 2000
|
|
C. 37L...............................
|
ad. No. 108, 2000
|
|
|
rs. No. 4, 2003
|
|
C. 37M..............................
|
ad. No. 108, 2000
|
|
Division 3
|
|
|
Heading to Div. 3 of..........
Part 4
|
ad. No. 108,
2000
rs. No. 128, 2006
|
|
Div. 3 of Part 4.................
|
rs. No. 128,
2006
|
|
C. 38.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000
|
|
|
rs. No. 128, 2006
|
|
|
am. No. 128, 2006
|
|
Heading to Div. 4 of..........
Part 4
|
ad. No. 108,
2000
rep. No. 128, 2006
|
|
Div. 4 of Part 4.................
|
rep. No. 128,
2006
|
|
C. 39.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 45, 2005
|
|
|
rep. No. 128, 2006
|
|
C. 40.................................
|
ad. No. 99, 1998
|
|
|
rep. No. 108, 2000
|
|
Division 5
|
|
|
Heading to Div. 5 of..........
Part 4
|
ad. No. 108, 2000
|
|
C. 41.................................
|
ad. No. 99, 1998
|
|
Part 4A
|
|
|
Part 4A.............................
|
ad. No. 128, 2006
|
|
Div. 1 of Part 4A...............
|
ad. No. 128, 2006
|
|
C. 41A..............................
|
ad. No. 99, 1998
|
|
|
rep. No. 108, 2000
|
|
|
ad. No. 128, 2006
|
|
Cc. 41B–41G....................
|
ad. No. 128, 2006
|
|
Heading to Div. 2..............
of Part 4A
|
ad. No. 128, 2006
|
|
C. 41H..............................
|
ad. No. 128, 2006
|
|
Cc. 41J–41M....................
|
ad. No. 128, 2006
|
|
Part 5
|
|
|
C. 42.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000
|
|
C. 43.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 129, 2006
|
|
C. 43A..............................
|
ad. No. 108, 2000
|
|
C. 44.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000
|
|
C. 45.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005; No. 128, 2006
|
|
C. 45A..............................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005; No. 128, 2006
|
|
C. 46.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005; No. 128, 2006
|
|
Cc. 47,
48.........................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000
|
|
Cc. 49, 50.........................
|
ad. No. 99, 1998
|
|
Part 6
|
|
|
Subhead. to c. 51(8)........
|
rs. No. 8, 2005
|
|
C. 51.................................
|
ad. No. 99, 1998
|
|
|
am. Nos. 8 and 45, 2005
|
|
C. 52.................................
|
ad. No. 99, 1998
|
|
C. 53.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108,
2000
|
|
|
rep. No. 45, 2005
|
|
Part 7
|
|
|
C. 54.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Cc. 55–58.........................
|
ad. No. 99, 1998
|
|
Part 8
|
|
|
C. 59.................................
|
ad. No. 99, 1998
|
|
|
rep. No. 45, 2005
|
|
C. 59A..............................
|
ad. No. 108, 2000
|
|
|
rep. No. 45, 2005
|
|
Heading
to c. 60...............
|
am. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
C. 60.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 108, 2003; No. 45,
2005
|
|
|
rep. No. 128, 2006
|
|
Heading to c. 60A............
|
am. No. 4, 2003
|
|
|
rep. No. 128, 2006
|
|
C. 60A..............................
|
ad. No. 108, 2000
|
|
|
am. No. 4,
2003
|
|
|
rep. No. 128, 2006
|
|
C. 60B..............................
|
ad. No. 108, 2000
|
|
C. 60C..............................
|
ad. No. 108, 2000
|
|
|
rep. No. 45, 2005
|
|
|
ad. No. 128, 2006
|
|
|
am. No. 158, 2008
|
|
Heading to Part 9..............
|
am. No. 45, 2005
|
|
|
rep. No. 8, 2007
|
|
C. 61.................................
|
ad. No. 99, 1998
|
|
|
am. No. 122, 1999; No. 108, 2000
|
|
|
rep. No. 45, 2005
|
|
Part 10
|
|
|
C. 62.................................
|
ad. No. 99, 1998
|
|
|
am. No. 108, 2000; No. 45, 2005
|
|
C. 63.................................
|
ad. No. 99, 1998
|
|
|
am. No. 45, 2005
|
|
Part 11
|
|
|
C. 64.................................
|
ad. No. 99, 1998
|
|
Schedule 5
|
|
|
Schedule 5...........................
|
ad. No. 90, 1999
|
|
Part 1
|
|
|
Subhead. to c. 1(3)..........
|
am. No. 127, 2004
|
|
|
rep. No. 124, 2007
|
|
C. 1...................................
|
ad. No. 90, 1999
|
|
|
am. No. 127, 2004
|
|
|
rep. No. 124, 2007
|
|
C. 2...................................
|
ad. No. 90, 1999
|
|
|
am. No. 61, 2004; No. 45, 2005; No. 124,
2007
|
|
C. 3...................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 129, 2006; No. 124,
2007
|
|
C. 4...................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
C. 5...................................
|
ad. No. 90, 1999
|
|
Heading to c. 6.................
|
am. No. 61, 2004
|
|
|
rep. No. 124, 2007
|
|
C. 6...................................
|
ad. No. 90, 1999
|
|
|
am. No. 61, 2004
|
|
|
rep. No. 124, 2007
|
|
C. 7...................................
|
ad. No. 90, 1999
|
|
Part 2
|
|
|
Cc. 8, 9.............................
|
ad. No. 90. 1999
|
|
Part 3................................
|
rep. No. 124, 2007
|
|
C. 10.................................
|
ad. No. 90, 1999
|
|
|
am. No. 61, 2004
|
|
|
rep. No. 124, 2007
|
|
Cc. 11–13.........................
|
ad. No. 90, 1999
|
|
|
rep. No. 124, 2007
|
|
Cc. 14,
15.........................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
C. 16.................................
|
ad. No. 90, 1999
|
|
|
am. No. 13, 2001; No. 61, 2004; No. 45,
2005
|
|
|
rep. No. 124, 2007
|
|
C. 17.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
C. 18.................................
|
ad. No. 90, 1999
|
|
|
rep. No. 124, 2007
|
|
C. 19.................................
|
ad. No. 90, 1999
|
|
|
rep. No. 124, 2007
|
|
C. 20.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
C. 21.................................
|
ad. No. 90, 1999
|
|
|
am. No. 13, 2001
|
|
|
rep. No. 124, 2007
|
|
Part 4
|
|
|
Heading
to Part 4..............
|
am. No. 45, 2005
|
|
Division 1
|
|
|
Heading to Div. 1..............
of Part 4
|
am. No. 45, 2005
|
|
C. 22.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
C. 23.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
C. 24.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
C. 25.................................
|
ad. No. 90, 1999
|
|
Division 2
|
|
|
Heading to Div. 2..............
of Part 4
|
am. No. 45, 2005
|
|
Heading to c. 26...............
|
am. No. 45, 2005
|
|
C. 26.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Heading to c. 27...............
|
am. No. 45, 2005
|
|
|
rs. No. 124, 2007
|
|
C. 27.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rs. No. 124, 2007
|
|
Cc. 28, 29.........................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Div. 3
of Part 4.................
|
rep. No. 124, 2007
|
|
C. 30.................................
|
ad. No. 90, 1999
|
|
|
am. No. 61, 2004; No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
C. 31.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
Heading to c. 32...............
|
am. No. 61, 2004
|
|
|
rep. No. 124, 2007
|
|
C. 32.................................
|
ad. No. 90, 1999
|
|
|
am. No. 61, 2004; No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
Cc. 33–36.........................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
Cc. 37–39.........................
|
ad. No. 90, 1999
|
|
|
rep. No. 124, 2007
|
|
Division 4
|
|
|
C. 40.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
Note to c. 40(1)................
|
am. No. 45, 2005
|
|
Cc. 41, 42.........................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
C. 43.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
C. 44.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
Note to c. 44(2)................
|
am. No. 45, 2005
|
|
C. 45.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Note to c. 45(2)................
|
am. No. 45, 2005
|
|
Cc. 46, 47.........................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Note to c. 47(1)................
|
am. No. 45, 2005
|
|
Cc. 48–50.........................
|
ad. No. 90, 1999
|
|
Heading
to c. 51...............
|
am. No. 45, 2005
|
|
C. 51.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Note to c. 51(2)................
|
am. No. 45, 2005
|
|
Part 5
|
|
|
Division 1
|
|
|
C. 52.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
Division 2
|
|
|
Cc. 53, 54.........................
|
ad. No. 90, 1999
|
|
C. 55.................................
|
ad. No. 90, 1999
|
|
|
am. No. 124, 2007
|
|
C. 56.................................
|
ad. No. 90, 1999
|
|
|
rs. No. 124, 2007
|
|
Cc. 57, 58.........................
|
ad. No. 90, 1999
|
|
Division 3
|
|
|
C. 59.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
Subheads.
to c. 60(1), (2).........................................
|
rs. No. 124, 2007
|
|
C. 60.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
C. 61.................................
|
ad. No. 90, 1999
|
|
Division 4
|
|
|
C. 62.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
Heading to c. 63...............
|
am. No. 45, 2005
|
|
Cc. 63, 64.........................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
C. 65.................................
|
ad. No. 90, 1999
|
|
Cc. 66, 67.........................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Division 5
|
|
|
Heading to c. 68...............
|
am. No. 45, 2005
|
|
C. 68.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Heading to c. 69...............
|
am. No. 45, 2005
|
|
C. 69.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Heading to c. 70...............
|
am. No. 45, 2005
|
|
C. 70.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Heading to c. 71...............
|
am. No. 45, 2005
|
|
C. 71.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
C. 72.................................
|
ad. No. 90, 1999
|
|
Cc. 73–77.........................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Division 6
|
|
|
Heading
to c. 78...............
|
am. No. 45, 2005
|
|
C. 78.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Part 6
|
|
|
C. 79.................................
|
ad. No. 90, 1999
|
|
|
am. No. 124, 2007
|
|
C. 80.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
C. 81.................................
|
ad. No. 90, 1999
|
|
|
am. No. 124, 2007
|
|
C. 82.................................
|
ad. No. 90, 1999
|
|
|
am. No. 5, 2001
|
|
C. 83.................................
|
ad. No. 90, 1999
|
|
|
am. No. 5, 2001; No. 45, 2005; No. 124,
2007
|
|
C. 84.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
C. 85.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
|
rs. No. 124, 2007
|
|
Part 7
|
|
|
C. 86.................................
|
ad. No. 90, 1999
|
|
C. 87.................................
|
ad. No. 90, 1999
|
|
|
am. No. 5, 2001
|
|
Part 8
|
|
|
Heading to c. 88...............
|
am. No. 124, 2007
|
|
Subhead. to c. 88(1)........
|
rep. No. 124, 2007
|
|
C. 88.................................
|
ad. No. 90, 1999
|
|
|
am. No. 124, 2007
|
|
Heading to c. 89...............
|
am. No. 45, 2005
|
|
|
rep. No. 124, 2007
|
|
C. 89.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 27, 2007
|
|
|
rep. No. 124, 2007
|
|
Part 9
|
|
|
Cc. 90, 91.........................
|
ad. No. 90, 1999
|
|
Part 10
|
|
|
C. 92.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005; No. 124, 2007
|
|
C. 93.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Part 11
|
|
|
Heading to c. 94...............
|
am. No. 45, 2005
|
|
C. 94.................................
|
ad. No. 90, 1999
|
|
|
am. No. 45, 2005
|
|
Cc. 95, 96.........................
|
ad. No. 90, 1999
|
|
Schedule 6
|
|
|
Schedule 6...........................
|
ad. No. 108, 2000
|
|
Part 1
|
|
|
C. 1...................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005; No. 68, 2007
|
|
C. 2...................................
|
ad. No. 108, 2000
|
|
|
am. Nos. 55 and 92, 2001
|
|
Subhead. to c. 3(3)..........
|
am. No. 45, 2005
|
|
C. 3...................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Subhead.
to c. 4(3)..........
|
am. No. 45, 2005
|
|
C. 4...................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Heading to c. 5.................
|
rs. No. 92, 2001
|
|
C. 5...................................
|
ad. No. 108, 2000
|
|
|
am. No. 92, 2001
|
|
C. 6...................................
|
ad. No. 108, 2000
|
|
Part 2
|
|
|
C. 7...................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005; No. 68, 2007
|
|
C. 8...................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
C. 9...................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005; No. 120, 2006
|
|
C. 10.................................
|
ad. No. 108, 2000
|
|
|
am. No. 5, 2001; No. 45, 2005
|
|
C. 11.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Heading
to c. 12...............
|
am. No. 45, 2005; No. 68, 2007
|
|
C. 12.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005; No. 68, 2007
|
|
C. 12A..............................
|
ad. No. 68, 2007
|
|
Part 3
|
|
|
Division 1
|
|
|
Subhead. to c. 13(4)........
|
am. No. 45, 2005
|
|
C. 13.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
C. 14.................................
|
ad. No. 108, 2000
|
|
Subhead. to c. 15(4)........
|
am. No. 45, 2005
|
|
C. 15.................................
|
ad. No. 108, 2000
|
|
|
am. No. 92, 2001; No. 45, 2005
|
|
C. 16.................................
|
ad. No. 108, 2000
|
|
|
am. No. 92, 2001
|
|
Cc. 17–20AA...................
|
ad. No. 108, 2000
|
|
Div. 1A of Part 3...............
|
rep. No. 128, 2006
|
|
Cc. 20A, 20B....................
|
ad. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
Division 2
|
|
|
Subhead. to c. 21(4)........
|
am. No. 45, 2005
|
|
C. 21.................................
|
ad. No. 108, 2000
|
|
|
am. No. 92, 2001; No. 45, 2005
|
|
Cc. 22–23A......................
|
ad. No. 108, 2000
|
|
Division 2A
|
|
|
C. 23B..............................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Division 3
|
|
|
C. 24.................................
|
ad. No. 108, 2000
|
|
|
am. No. 61, 2004; No. 45, 2005; No. 128,
2006; No. 68, 2007
|
|
C. 24A..............................
|
ad. No. 68, 2007
|
|
C. 25.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Heading
to c. 26...............
|
am. No. 45, 2005
|
|
Subhead. to c. 26(6)........
|
am. No. 45, 2005
|
|
Cc. 26, 27.........................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Division 4
|
|
|
C. 27A..............................
|
ad. No. 108, 2000
|
|
|
am. No. 23, 2001; No. 45, 2005
|
|
Part 4
|
|
|
C. 28.................................
|
ad. No. 108, 2000
|
|
|
am. No. 61, 2004; No. 45, 2005
|
|
Heading to c. 29...............
|
am. No. 45, 2005
|
|
C. 29.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Heading to c. 30...............
|
am. No. 45, 2005
|
|
C. 30.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Heading to c. 31...............
|
am. No. 45, 2005
|
|
Cc.
31–33.........................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Heading to c. 34...............
|
am. No. 45, 2005
|
|
C. 34.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
C. 35.................................
|
ad. No. 108, 2000
|
|
C. 35A..............................
|
ad. No. 23, 2001
|
|
Part 5
|
|
|
Heading
to Part 5..............
|
am. No. 45, 2005
|
|
C. 36.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
C. 37.................................
|
ad. No. 108, 2000
|
|
|
am. No. 23, 2001; No. 45, 2005
|
|
Heading to c. 38...............
|
am. No. 45, 2005
|
|
C. 38.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Part 6
|
|
|
Heading to Part 6..............
|
rs. No. 23, 2001
|
|
Cc. 39, 40.........................
|
ad. No. 108, 2000
|
|
|
rep. No. 23, 2001
|
|
Heading
to c. 41...............
|
rs. No. 23, 2001
|
|
C. 41.................................
|
ad. No. 108, 2000
|
|
|
am. No. 128, 2006
|
|
Part 7
|
|
|
Cc. 42, 43.........................
|
ad. No. 108, 2000
|
|
Cc. 44, 45.........................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
C. 46.................................
|
ad. No. 108, 2000
|
|
|
am. No. 128, 2006
|
|
Cc. 47, 48.........................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Part 8
|
|
|
Division 1
|
|
|
C. 49.................................
|
ad. No. 108, 2000
|
|
|
am. No. 120, 2006
|
|
Note to
c. 49
Renumbered Note 1......
|
No. 172, 2000
|
|
Note 2 to c. 49..................
|
ad. No. 172, 2000
|
|
C. 50.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
|
rs. No. 120, 2006
|
|
Note to
c. 50
Renumbered Note 1......
|
No. 172, 2000
|
|
|
rep. No. 120, 2006
|
|
Note 2 to c. 50..................
|
ad. No. 172, 2000
|
|
|
rep. No. 120, 2006
|
|
C. 51.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
C. 51A..............................
|
ad. No. 172, 2000
|
|
Division 2
|
|
|
C. 52.................................
|
ad. No. 108, 2000
|
|
|
am. No. 128, 2006; No. 68, 2007
|
|
C. 52A..............................
|
ad. No. 120, 2006
|
|
|
am. No. 68, 2007
|
|
C. 53.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005; No. 120, 2006
|
|
C. 54.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005; No. 128, 2006 (as am. by
73, 2008); No. 68, 2007
|
|
C. 55.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Cc. 56, 57.........................
|
ad. No. 108, 2000
|
|
Part 9
|
|
|
C. 58.................................
|
ad. No. 108, 2000
|
|
C. 59.................................
|
ad. No. 108, 2000
|
|
|
am. No. 45, 2005
|
|
Part 10..............................
|
rep. No. 128, 2006
|
|
C. 60.................................
|
ad. No. 108, 2000
|
|
|
rep. No. 128, 2006
|
|
C. 61.................................
|
ad. No. 108, 2000
|
|
|
rep. No. 45, 2005
|
|
Schedule 7
|
|
|
Schedule 7...........................
|
ad. No. 124, 2007
|
|
Part
1
|
|
|
C. 1...................................
|
ad. No. 124, 2007
|
|
C. 2...................................
|
ad. No. 124, 2007
|
|
|
am. No. 124, 2007
|
|
Cc. 3–9.............................
|
ad. No. 124, 2007
|
|
C. 9A................................
|
ad. No. 124, 2007
|
|
Cc. 10–19.........................
|
ad. No. 124, 2007
|
|
Part 2
|
|
|
Division 1
|
|
|
Cc. 20, 21.........................
|
ad. No. 124, 2007
|
|
Division 2
|
|
|
Cc. 22–27.........................
|
ad. No. 124, 2007
|
|
Division 3
|
|
|
Cc. 28, 29.........................
|
ad. No. 124, 2007
|
|
Division 4
|
|
|
Subdivision A
|
|
|
Cc. 30–33.........................
|
ad. No. 124, 2007
|
|
Subdivision B
|
|
|
C. 34.................................
|
ad. No. 124, 2007
|
|
Subdivision C
|
|
|
C. 35.................................
|
ad. No. 124, 2007
|
|
Division 5
|
|
|
C. 36.................................
|
ad. No. 124, 2007
|
|
Part 3
|
|
|
Division 1
|
|
|
Cc. 37–42.........................
|
ad. No. 124, 2007
|
|
Division
2
|
|
|
Cc. 43–46.........................
|
ad. No. 124, 2007
|
|
Division 3
|
|
|
Cc. 47–55.........................
|
ad. No. 124, 2007
|
|
Division 4
|
|
|
Cc. 56–59.........................
|
ad. No. 124, 2007
|
|
C. 59A..............................
|
ad. No. 124, 2007
|
|
Cc. 60, 61.........................
|
ad. No. 124, 2007
|
|
Division 5
|
|
|
Cc. 62–68.........................
|
ad. No. 124, 2007
|
|
Division 6
|
|
|
Cc. 69–72.........................
|
ad. No. 124, 2007
|
|
Part
4
|
|
|
Division
1
|
|
|
C. 73.................................
|
ad. No. 124, 2007
|
|
Division 2
|
|
|
Cc. 74–79.........................
|
ad. No. 124, 2007
|
|
Division 3
|
|
|
Cc. 80–84.........................
|
ad. No. 124, 2007
|
|
Division 4
|
|
|
Cc. 85–90.........................
|
ad. No. 124, 2007
|
|
Division 5
|
|
|
Cc. 91–100.......................
|
ad. No. 124, 2007
|
|
Division 6
|
|
|
C. 101...............................
|
ad. No. 124, 2007
|
|
Division 7
|
|
|
Cc. 102, 103.....................
|
ad. No. 124, 2007
|
|
Part 5
|
|
|
Cc. 104, 105.....................
|
ad. No. 124, 2007
|
|
Part 6
|
|
|
Cc. 106–110.....................
|
ad. No. 124, 2007
|
|
Part 7
|
|
|
Cc. 111, 112.....................
|
ad. No. 124, 2007
|
|
Part 8
|
|
|
C. 113...............................
|
ad. No. 124, 2007
|
|
Part 9
|
|
|
Cc. 114–117.....................
|
ad. No. 124, 2007
|
|
C. 117A............................
|
ad. No. 124, 2007
|
|
Cc. 118–123.....................
|
ad. No. 124, 2007
|
Table A
Application, saving or transitional provision
Broadcasting
Services Amendment Act 1995 (No. 139, 1995)
3 Insertion of new section
(2) If the ABA granted a
permission to a licensee under section 73 of the Principal Act before the
commencement of this section:
(a) the ABA must grant an additional
licence to the licensee under section 38A of the Principal Act for the
same licence area; and
(b) the licensee is not required to
pay a fee under section 38A of the Principal Act for the additional
licence; and
(c) subsections 38A(9) and (10) of the
Principal Act do not apply to the additional licence or parent licence.
14 Application
The amendments of clause 10
of Schedule 2 of the Principal Act extend to subscription television
broadcasting licences issued before the commencement of this Act.
15 Grandfathering for changes to the control rules
(1) If:
(a) apart from this section, a person
(the relevant person) would be in breach of a particular control
rule at a particular time (the test time) after the commencement
of this section; and
(b) all the circumstances that are
relevant to the breach were in existence at the end of 27 June 1995 (the grandfather time); and
(c) the relevant person would not be
in breach of that control rule at the test time if the amendments made by
section 5 and subsection 12(2) of this Act had not been made; and
(d) the relevant person was not in
breach of that control rule immediately before the grandfather time;
then the relevant person is taken not to be in breach of that
control rule at the test time.
(2) If:
(a) particular circumstances that are
relevant to the breach arose after the grandfather time; and
(b) the relevant person was not in a
position to prevent those circumstances arising;
those circumstances are taken for the purposes of subsection (1)
to have been in existence at the grandfather time.
(3) If:
(a) particular circumstances (the new
circumstances) that are relevant to the breach resulted from the
allotment or issue, after the grandfather time, of shares (the new shares)
in a company to a person (the recipient) who, immediately before
the grandfather time, held shares (the old shares) in the
company; and
(b) the recipient received the new
shares in accordance with rights of a kind enjoyed by the recipient in common
with other holders of shares of the same class as the old shares;
the new circumstances are taken for the purposes of subsection (1)
to have been in existence at the grandfather time.
(4) If:
(a) particular circumstances that are
relevant to the breach consist of the holding by a person of company interests
in a company that are greater than the company interests in that company that
were held by that person at the grandfather time; and
(b) that person was in a position to
control that company immediately before the grandfather time, and at all times
from the grandfather time to the test time;
those circumstances are taken for the purposes of subsection (1)
to have been in existence at the grandfather time. For the purposes of this
subsection, the question whether a person is in a position to control a company
is to be determined in accordance with the Principal Act as in force
immediately before the commencement of this section, but without regard to
clause 6 of Schedule 1 to the Principal Act.
(5) In
this section:
circumstances that are
relevant to the breach includes the holding of all company interests in
any company by any person, so far as the company interests can be relied on in
establishing the breach, including company interests that do not have to be
relied on to establish the breach.
control rule means:
(a) a provision of Division 2, 3,
4 or 5 of Part 5 of the Principal Act; and
(b) a provision of Division 3 of
Part 7 of the Principal Act (other than section 109).
shares means shares in, or debentures of, a
company.
16 Compensation for acquisition of property
(1) If:
(a) this Act, or the Principal Act as
amended by this Act, would result in an acquisition of property; and
(b) the whole or any part of this Act,
or of the Principal Act as amended by this Act, would not be valid (apart from
this section) because a particular person has not been compensated;
the Commonwealth must pay the person:
(c) a reasonable amount of compensation
agreed on between the person and the Commonwealth; or
(d) failing agreement—a reasonable
amount of compensation determined by a court of competent jurisdiction.
(2) Any damages or
compensation recovered, or other remedy given, in a proceeding begun otherwise
than under this section must be taken into account in assessing compensation
payable in a proceeding begun under this section and arising out of the same
event or transaction.
(3) In this section:
acquisition of property has the same meaning
as in paragraph 51(xxxi) of the Constitution.
Broadcasting Services Amendment Act 1997 (No. 115, 1997)
Schedule 1
5 Saving
If, immediately before the commencement of this Act, the ABA was
conducting, or was about to conduct, an investigation at the direction of the
Minister under section 171 of the Broadcasting Services Act 1992 as
then in force, that Act as amended by this Act applies to the investigation as
if the direction to conduct the investigation had been given by the Minister
under section 171 of that Act as amended.
Broadcasting Services Legislation Amendment Act 1997 (No. 143, 1997)
Schedule 1
8 Application
(1) The amendment of clause 7
of Schedule 2 to the Broadcasting Services Act 1992 that is made by
this Act extends to:
(a) a commercial television
broadcasting licence referred to in paragraph 5(1)(b) or (e) of the
Transitional Provisions Act; or
(b) a commercial television
broadcasting licence allocated or renewed under the Broadcasting Services
Act 1992 before, on or after the commencement of this Act.
(2) The amendment of clause 8
of Schedule 2 to the Broadcasting Services Act 1992 that is made by
this Act extends to:
(a) a commercial radio broadcasting
licence referred to in paragraph 5(1)(a), (d) or (f) of the Transitional Provisions
Act; or
(b) a commercial radio broadcasting
licence allocated or renewed under the Broadcasting Services Act 1992
before, on or after the commencement of this Act.
(3) In
this item:
Transitional Provisions Act means the Broadcasting
Services (Transitional Provisions and Consequential Amendments) Act 1992.
9 Transitional
(1) If:
(a) a decision has been made under
subsection 59(3) of the Broadcasting Services Act 1992 as in force at
any time before the commencement day to enter the name of a newspaper in the
Associated Newspaper Register as a newspaper associated with the licence area
of a commercial radio broadcasting licence; and
(b) the decision has not been revoked
or rescinded before that day;
the decision has effect, on and after that day, as if it were a
decision to the same effect made under subsection 59(4A) of that Act as amended
by this Act.
(2) If:
(a) a decision has been made under
subsection 59(4) of the Broadcasting Services Act 1992 as in force at
any time before the commencement day to refuse to remove the name of a
newspaper from the Associated Newspaper Register as a newspaper associated with
the licence area of a commercial radio broadcasting licence; and
(b) the decision has not been revoked
or rescinded before that day;
the decision has effect, on and after that day, as if it were a
decision to the same effect made under subsection 59(4B) of that Act as amended
by this Act.
(3) If:
(a) a direction, requirement, approval
or leave is given, or is taken to have been given, by the ABA under a continued
section of the Broadcasting Act 1942; and
(b) the direction, requirement,
approval or leave is in force immediately before the commencement day;
the direction, requirement, approval or leave continues in force,
on and after that day, as if it were a direction, requirement, approval or
permission given under the corresponding provision of Part 14A of the Broadcasting
Services Act 1992.
(4) If, before the
commencement day, a request has been made, or is taken to have been made, by
the ABA under subsection 123(4) of the Broadcasting Act 1942 as that
subsection is continued in force by section 22 of the Transitional
Provisions Act, for books or documents to be made available, or particulars to
be furnished, that request has effect, on and after that day, for the purposes
of Part 14A of the Broadcasting Services Act 1992:
(a) as if it were a request made under
subsection 205B(1) of the last‑mentioned Act; and
(b) as if the books or documents
required to be made available, or the particulars required to be furnished,
were financial accounts or other records required under subsection 205B(1) of
the last‑mentioned Act to be provided to the ABA.
(5) If, before the
commencement day, a request has been made, or is taken to have been made, by
the ABA under subsection 123(4AA) of the Broadcasting Act 1942 as that
subsection is continued in force by section 22 of the Transitional
Provisions Act, that request has effect, on or after that day, for the purposes
of the Broadcasting Services Act 1992 as if it were a notice in writing
under section 173 of the last‑mentioned Act to provide the
information to the ABA for the purposes of an investigation under section 170
of the last‑mentioned Act.
(6) If, before the
commencement day, a notice has been given by the ABA under subsection 123AA(3)
of the Broadcasting Act 1942 as that subsection is continued in force by
section 22 of the Transitional Provisions Act:
(a) the notice has effect, on and
after that day, for the purposes of Part 14A of the Broadcasting Services
Act 1992, as if it were a notice given under subsection 205C(2) of the last‑mentioned
Act; but
(b) for the purpose of working out the
period of 21 days beginning on the day the notice was issued, Part 14A of
the last‑mentioned Act has effect as if it had been in force at the time
of issue of the notice.
(7) If,
immediately before the commencement day, an additional fee, by way of penalty,
was payable under subsection 123A(1A) or (1B) of the Broadcasting Act 1942
as that subsection is continued in force by section 22 of the Transitional
Provisions Act, that additional fee is treated, on and after that day, as if:
(a) it were payable under subsection
205D(1) or (2) of the Broadcasting Services Act 1992, whichever is
appropriate; and
(b) Part 14A of the last‑mentioned
Act had been in force since the additional fee first became payable.
(8) Any action taken before
the commencement day by a licensee under a provision of a continued section of
the Broadcasting Act 1942 has effect, on and after that day, as if it
had been taken by the licensee under the corresponding provision of Part 14A
of the Broadcasting Services Act 1992.
(9) Any action taken before
the commencement day by a corporation that is related to a licensee in response
to a request made under subsection 123(4AA) of the Broadcasting Act 1942
as that subsection is continued in force under section 22 of the
Transitional Provisions Act has effect, on and after that day, as if it had
been taken by the corporation in response to a notice under section 173 of
the Broadcasting Services Act 1992.
(10) In this item:
commencement day means the day on which this
Act receives the Royal Assent.
continued section of the Broadcasting Act 1942
means section 123, 123AA or 123A of the Broadcasting Act 1942 as
that section is continued in force by section 22 of the Transitional
Provisions Act.
Transitional Provisions Act means the Broadcasting
Services (Transitional Provisions and Consequential Amendments) Act 1992.
Television Broadcasting Services (Digital Conversion) Act
1998
(No. 99,
1998)
Schedule 1
7 Transitional—section 34 of the Broadcasting
Services Act 1992
(1) This item applies to a
decision of the ABA under subsection 34(1) of the Broadcasting Services Act
1992 if the decision was in effect immediately before the commencement of
this item.
(2) The decision has effect
as if it had been made in the form of a written determination under subsection
34(1) of that Act immediately after the commencement of this item.
Broadcasting Services Amendment
Act (No. 1) 1999 (No. 197, 1999)
Schedule 3
10 Transitional—re‑transmission of programs by
licensee outside licence area
(1) This item applies if:
(a) a permission was given to a
commercial broadcasting licensee or a community broadcasting licensee under
subparagraph 212(1)(b)(ii) of the Broadcasting Services Act 1992; and
(b) the permission was in force
immediately before the commencement of this item; and
(c) the permission authorised the
licensee to re‑transmit, outside the licence area of the licence, programs
transmitted by the licensee’s commercial broadcasting service or community
broadcasting service, as the case may be.
(2) If, apart from this subitem, the permission would
expire before the end of the period of 12 months beginning at the commencement
of this item, the permission is taken to expire at the end of that period.
(3) Despite the
amendments of section 212 of the Broadcasting Services Act 1992
made by this Part, that section continues to apply, after the commencement of
this item, in relation to the re‑transmission by the licensee of programs
as mentioned in paragraph (1)(c) of this item during the period:
(a) beginning at the commencement of
this item; and
(b) ending at the expiration of the
permission;
as if those amendments had not been made.
11 Transitional—pre‑commencement re‑transmission
of programs
Despite the amendments of section 212 of the Broadcasting
Services Act 1992 made by this Part, that section continues to apply, after
the commencement of this item, in relation to a re‑transmission that
occurred before the commencement of this item, as if those amendments had not
been made.
19 Transitional—pre‑commencement re‑transmission
of programs
Despite the amendments of section 212 of the Broadcasting
Services Act 1992 made by this Part, that section continues to apply, after
the commencement of this item, in relation to a re‑transmission that
occurred before the commencement of this item, as if those amendments had not
been made.
Broadcasting Services Amendment Act (No. 3) 1999 (No. 198, 1999)
Schedule 1
5 Transitional—section 102 of the Broadcasting
Services Act 1992
Despite the repeal of section 102 of the Broadcasting
Services Act 1992 by this Part, that section continues to apply, in
relation to program expenditure for a financial year earlier than the financial
year beginning on 1 July 1999, as if that repeal had not happened.
19 Transitional—expenditure
incurred before 1 July 2000
(1) Despite the amendments of sections 6 and 204
of the Broadcasting Services Act 1992 made by this Part, those sections
continue to apply, in relation to expenditure incurred during:
(a) the financial year beginning on 1 July 1999; or
(b) an earlier financial year;
as if those amendments had not been made.
(2) Despite the amendments of Division 2A of Part 7
of the Broadcasting Services Act 1992 made by this Part, that Act
continues to apply, in relation to expenditure incurred during the financial
year beginning on 1 July 1999, as if those amendments had not been made.
22 Transitional—expenditure incurred before 1 July 2001
Despite the amendments of the Broadcasting Services Act 1992
made by this Part, that Act continues to apply, in relation to expenditure
incurred before the financial year beginning on 1 July 2001, as if those
amendments had not been made.
Broadcasting Services Amendment (Digital Television and
Datacasting) Act 2000 (No. 108, 2000)
Schedule 1
141 Transitional—section 34 of the Broadcasting
Services Act 1992
(1) This item applies to an instrument if:
(a) the instrument was made under subsection
34(1) or (3) of the Broadcasting Services Act 1992; and
(b) the instrument was in force
immediately before the commencement of this item.
(2) The instrument has effect, after the commencement
of this item, as if it had been made under the corresponding provision of the Broadcasting
Services Act 1992 as amended by this Schedule.
142 Transitional—variation of
digital conversion schemes
(1) A power conferred by clause 16 or 30 of
Schedule 4 to the Broadcasting Services Act 1992 may be
exercised before Part 1 of this Schedule comes into operation as if that
Part had come into operation.
(2) If, because of some or all of its provisions (the
relevant provisions), an instrument under clause 16 of Schedule 4
to the Broadcasting Services Act 1992 is made in accordance with subitem (1),
each relevant provision takes effect at the same time as the commencement of
Part 1 of this Schedule.
(3) If, because of some or all of its provisions (the
relevant provisions), an instrument under clause 30 of Schedule 4
to the Broadcasting Services Act 1992 is made in accordance with subitem (1),
each relevant provision takes effect at whichever is the later of the following
times:
(a) the same time as the commencement
of Part 1 of this Schedule;
(b) the time when the provision is
approved under clause 32 of Schedule 4 to the Broadcasting
Services Act 1992.
(4) A reference in this item to Part 1 of
this Schedule does not include a reference to an item that commences
under subsection 2(1) or (1A).
143 Transitional—allocation of datacasting licences
(1) A power conferred by Schedule 6 to the Broadcasting
Services Act 1992 to allocate a datacasting licence may be exercised before
that Schedule comes into operation as if that Schedule had come into operation.
(2) A datacasting licence allocated in accordance with subitem (1)
takes effect at the same time as the commencement of Schedule 6 to the Broadcasting
Services Act 1992.
144 Transitional—validation of digital channel plans
(1) If, before the commencement of this item, the ABA
purported to make a scheme under clause 6 of Schedule 4 to the Broadcasting
Services Act 1992 that included provisions relating directly or indirectly
to digital channel plans:
(a) those provisions are as valid, and
are taken to have been as valid, as they would have been; and
(b) anything done under those
provisions (including the making or variation of a digital channel plan) is as
valid, and is taken to have been as valid, as it would have been; and
(c) anything done under a digital
channel plan is as valid, and is taken to have been as valid, as it would have
been;
if clause 7A of Schedule 4 to the Broadcasting
Services Act 1992 had:
(d) been in force at the time the
scheme was made; and
(e) contained an additional subclause
that authorised the scheme to provide that a digital channel plan may deal with
the allotment of channels to national broadcasters.
(2) If, before the commencement of this item, the ABA
purported to make a scheme under clause 19 of Schedule 4 to the Broadcasting
Services Act 1992 that included provisions relating directly or indirectly
to digital channel plans:
(a) those provisions are as valid, and
are taken to have been as valid, as they would have been; and
(b) anything done under those
provisions (including the making, adoption or variation of a digital channel
plan) is as valid, and is taken to have been as valid, as it would have been;
and
(c) anything done under a digital
channel plan is as valid, and is taken to have been as valid, as it would have
been;
if:
(d) clause 22A of Schedule 4
to the Broadcasting Services Act 1992 had been in force at the time the
scheme was made; and
(e) clause 7A of Schedule 4
to the Broadcasting Services Act 1992 had:
(i) been in force at the
time the commercial television conversion scheme was made; and
(ii) contained an
additional subclause that authorised the commercial television conversion
scheme to provide that a digital channel plan may deal with the allotment of
channels to national broadcasters.
(3) Section 13 of the National Television
Conversion Scheme 1999 has effect, and is taken to have had effect, as if
the reference in that section to a digital channel plan made by the ABA under
subsection 12(1) of the Commercial Television Conversion Scheme 1999
were, by express words, confined to so much of the digital channel plan as
relates to national broadcasters.
(4) A notice published in the Gazette on 16 February
2000 purporting to be in accordance with section 13 of the National
Television Conversion Scheme 1999 has effect, and is taken to have had
effect, as if the reference in that notice to a digital channel plan made by
the ABA pursuant to subsection 12(1) of the commercial scheme were, by express
words, confined to so much of the digital channel plan as relates to national broadcasters.
145 Transitional—regulations
(1) The regulations may make provision for matters of a
transitional nature arising from the amendments made by Part 1 of this
Schedule.
(2) The Governor‑General may make regulations for
the purposes of subitem (1).
Criminal Code Amendment (Theft, Fraud,
Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional—pre‑commencement offences
(1) Despite the amendment or
repeal of a provision by this Schedule, that provision continues to apply,
after the commencement of this item, in relation to:
(a) an
offence committed before the commencement of this item; or
(b) proceedings
for an offence alleged to have been committed before the commencement of this
item; or
(c) any
matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not
been made.
(2) Subitem (1) does
not limit the operation of section 8 of the Acts Interpretation Act
1901.
419 Transitional—pre‑commencement
notices
If:
(a) a
provision in force immediately before the commencement of this item required
that a notice set out the effect of one or more other provisions; and
(b) any or
all of those other provisions are repealed by this Schedule; and
(c) the
first‑mentioned provision is amended by this Schedule;
the amendment of the first‑mentioned
provision by this Schedule does not affect the validity of such a notice that
was given before the commencement of this item.
Broadcasting Services Amendment Act 2000 (No. 172, 2000)
Schedule 1
36 Transitional—existing providers of international
broadcasting services
(1) If a person was providing an international
broadcasting service immediately before the commencement of this item, sections 121FG
and 121FH of the Broadcasting Services Act 1992 and paragraph
108(2)(da) of the Radiocommunications Act 1992 do not apply to the
provision of the service by the person at any time during the period:
(a) beginning at the commencement of
this item; and
(b) ending at whichever of the
following times is applicable:
(i) if the person does not
apply for an international broadcasting licence for the service within 30 days
after the commencement of this item—the end of 30 days after the commencement
of this item;
(ii) if the person applies
for an international broadcasting licence for the service within 30 days after
the commencement of this item, but an international broadcasting licence is not
allocated to the person—the time when the person receives the relevant
notification under subsection 121FB(3) or (7) or 121FD(6) of the Broadcasting
Services Act 1992;
(iii) if the person applies
for an international broadcasting licence for the service within 30 days after
the commencement of this item and such a licence is allocated to the person—the
time when the licence is allocated.
(1A) For the purposes of subitem (1), if an
application for an international broadcasting licence is made on behalf of a
person (the content provider) under subsection 121FA(1A) of the Broadcasting
Services Act 1992, the content provider is taken to have made the
application.
(2) If a person was providing an international
broadcasting service immediately before the commencement of this item, sections 121FB
and 121FD of the Broadcasting Services Act 1992 have effect as if the
service were a proposed service.
Communications and the Arts Legislation
Amendment (Application of Criminal Code) Act 2001 (No. 5, 2001)
4 Application of amendments
(1) Each amendment made by this Act applies to acts and
omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or
omission is alleged to have taken place between 2 dates, one before and one on
or after the day on which a particular amendment commences, the act or omission
is alleged to have taken place before the amendment commences.
Broadcasting Legslation Amendment Act
(No. 2) 2001 (No. 92, 2001)
4 Transitional—additional commercial television licences in
2‑station markets
Despite the
amendments made by items 1, 2 and 3 of Schedule 1, section 38B
of the Broadcasting Services Act 1992 continues to apply, in relation to
a notice given under subsection 38B(1) of that Act before the commencement of
this Act, as if those amendments had not been made.
5 Application—free
availability of certain types of programs
The amendments made
by items 5 and 6 of Schedule 1 apply in relation to events specified
in a notice under subsection 115(1) of the Broadcasting Services Act 1992 either
before or after the commencement of this Act.
Broadcasting Legslation Amendment Act
(No. 2) 2002 (No. 120, 2002)
Schedule 1
16 Saving provision relating to item 9
(1) This item applies to standards if the standards
were:
(a) determined under paragraph
122(1)(a) of the Broadcasting Services Act 1992; and
(b) in force immediately before the
commencement of item 9.
(2) The standards have effect, after the commencement
of item 9, as if they had been made under subsection 122(1) of the Broadcasting
Services Act 1992 as substituted by that item.
Schedule 2
11 Application of items 2 and 3
Despite the amendments made by items 2 and 3, section 90
of the Broadcasting Services Act 1992 continues to apply, in relation to
licences that, at the time those items commence, are due to expire in less than
30 weeks, as if those amendments had not been made.
12 Transitional provision relating to items 6 and 7
(1) After the commencement of this Act, the code of
practice (the existing code) that was, immediately before the
commencement of this Act:
(a) applicable to the broadcasting
operations of all community radio broadcasting licensees; and
(b) included
in the Register of codes of practice under section 123 of the Broadcasting
Services Act 1992;
continues to be applicable to the broadcasting operations of each
community radio broadcasting licensee until it ceases to be applicable to that
licensee under subitem (2) or (3).
(2) The existing code ceases to be applicable to the
broadcasting operations of community radio broadcasting licensees whose
services are not targeted, to a significant extent, to one or more remote
Indigenous communities when the earlier of the following occurs:
(a) a code of practice applicable only
to those licensees is first included in the Register of codes of practice;
(b) a replacement code of practice
(see subitem (7)) is first included in the Register of codes of practice.
(3) The existing code ceases to be applicable to the
broadcasting operations of community radio broadcasting licensees whose
services are targeted, to a significant extent, to one or more remote
Indigenous communities when the earlier of the following occurs:
(a) a code of practice applicable only
to those licensees is first included in the Register of codes of practice;
(b) a replacement code of practice
(see subitem (7)) is first included in the Register of codes of practice.
(4) If a replacement code of practice is included in
the Register of codes of practice, the replacement code of practice is
applicable to all community radio broadcasting licensees as if the amendments
made by items 6 and 7 had not been made.
(5) The replacement code of practice continues to be
applicable to the broadcasting operations of community radio broadcasting
licensees whose services are not targeted, to a significant extent, to one or
more remote Indigenous communities until a code of practice applicable only to
those licensees is first included in the Register of codes of practice.
(6) The replacement code of practice continues to be
applicable to the broadcasting operations of community radio broadcasting
licensees whose services are targeted, to a significant extent, to one or more
remote Indigenous communities until a code of practice applicable only to those
licensees is first included in the Register of codes of practice.
(7) In this item:
replacement code of practice, means a code of
practice:
(a) developed under section 123
of the Broadcasting Services Act 1992, either before or after the
commencement of this Act, which is applicable to the broadcasting operations of
all community radio broadcasting licensees; and
(b) included in the Register of codes
of practice under that section within 3 months after the commencement of this
Act.
Therapeutic Goods Amendment Act (No. 1)
2003 (No. 39,
2003)
Schedule 2
3 Saving and transitional provisions
(1) If, before the date of commencement of items 1
and 2 of this Schedule:
(a) a person has applied, under clause 6
of Schedule 2 to the Broadcasting Services Act 1992, to the
Secretary (the Health Secretary) of the Department whose Minister
(the Health Minister) is responsible for the administration of
the Therapeutic Goods Act 1989 for approval of an advertisement proposed
for broadcasting; and
(b) a decision has not been made by
the Health Secretary before that date;
that application is to be treated, on and after that date, for
all purposes as if it were an application for approval under the Therapeutic
Goods Regulations 1990.
(2) If, before the date of commencement of items 1
and 2 of this Schedule:
(a) the Health Secretary has made a
decision in relation to an application, under clause 6 of Schedule 2
to the Broadcasting Services Act 1992, for approval of an advertisement
proposed for broadcasting; and
(b) an appeal from that decision has
not been made to the Minister responsible for the administration of the Broadcasting
Services Act 1992;
the person who sought that
approval has the same right to appeal to the Health Minister under the Therapeutic
Goods Regulations 1990, on and after that date, as if that decision had
been made under those regulations.
(3) If, before the date of commencement of items 1
and 2 of this Schedule:
(a) the Health Secretary has made a
decision in relation to an application, under clause 6 of Schedule 2
to the Broadcasting Services Act 1992, for approval of an advertisement
proposed for broadcasting; and
(b) an appeal from that decision has
been made to the Minister responsible for the administration of the Broadcasting
Services Act 1992; and
(c) the appeal has not been finally
determined before that date;
that appeal is to continue to be dealt with under the Broadcasting
Services Act 1992, on and after that date, as if the amendments made by
items 1 and 2 had not been made.
Communications Legislation Amendment Act (No. 3) 2003 (No. 108, 2003)
Schedule 1
24 Application
The amendment made by this Part applies to variations given to
the Minister either before or after the commencement of this Part.
Classification (Publications, Films and Computer Games)
Amendment Act 2004
(No. 61,
2004)
Schedule 2
30 Application
The amendments made by this Schedule apply to the doing of things
at or after the commencement of this Schedule.
31 Conversion of certain pre‑commencement
classifications relating to films etc. to equivalent new classifications
If, just before this Schedule commenced:
(a) a film; or
(b) a program; or
(c) Internet content not consisting of
a computer game; or
(d) datacasting content not consisting
of an interactive computer game;
had a classification of a type mentioned in column 2 of the
following table in relation to an item, then, for the purpose of applying the Broadcasting
Services Act 1992 after this Schedule commences, the film, program,
Internet content or datacasting content is taken to have, and to have had at
all times before this Schedule commenced, the classification of the type
mentioned in column 3 of the table in relation to the item:
|
Classifications
relating to films etc.
|
|
Column 1
|
Column 2
|
Column 3
|
|
Item
|
Former type of
classification
|
New type of
classification
|
|
1
|
MA
|
MA 15+
|
|
2
|
R
|
R 18+
|
|
3
|
X
|
X 18+
|
32 Conversion of certain pre‑commencement
classifications relating to computer games etc. to equivalent new
classifications
If, just before this Schedule commenced:
(a) Internet content consisting of a
computer game; or
(b) datacasting content consisting of
an interactive computer game;
had a classification of a type mentioned in column 2 of the
following table in relation to an item, then, for the purpose of applying the Broadcasting
Services Act 1992 after this Schedule commences, Internet content or
datacasting content is taken to have, and to have had at all times before this
Schedule commenced, the classification of the type mentioned in column 3 of the
table in relation to the item:
|
Classifications
relating to computer games etc.
|
|
Column 1
|
Column 2
|
Column 3
|
|
Item
|
Former type of classification
|
New type of
classification
|
|
1
|
G (8+)
|
PG
|
|
2
|
M (15+)
|
M
|
|
3
|
MA (15+)
|
MA 15+
|
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4
Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or
another thing is made, given or done; and
(b) the thing is taken, made, given or
done under a provision of a Part 2 Act that had effect immediately before
the commencement of this Act;
then the thing has the corresponding effect, for the
purposes of the Part 2 Act as amended by this Act, as if it had been
taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended
by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision—Finance Minister’s determinations
If a determination under subsection 20(1) of the Financial
Management and Accountability Act 1997 is in force immediately before the
commencement of this item, the determination continues in force as if it were
made under subsection 20(1) of that Act as amended by this Act.
Broadcasting Services Amendment (Anti‑Siphoning) Act
2005 (No. 43,
2005)
Schedule 1
2 Effect of item 1
(1) The amendment made by item 1 applies in
relation to events:
(a) specified in a notice under
subsection 115(1) of the Broadcasting Services Act 1992 before the
commencement of that item and still specified in the notice at that
commencement; or
(b) specified
in a notice under subsection 115(1) of the Broadcasting Services Act 1992
at or after the commencement of that item.
(2) However, if the amendment made by item 1 would
have the effect that an event is taken to have been removed from a notice
before the commencement of that item, then, despite that amendment, the event
is taken to have been removed from the notice only from the time immediately
after the commencement of that item.
Broadcasting Services Amendment (Subscription Television
Drama and Community Broadcasting Licences) Act 2006 (No. 71, 2006)
Schedule 1
62 Application of amendments
(1) Subject to subitems (2) and (3), the
amendments made by this Schedule apply in relation to the operation of a
subscription TV drama service in:
(a) the financial year ending on 30 June 2006; or
(b) a later financial year.
(2) Paragraphs (b) and (c) of the definition of drama
program in section 103B of the Broadcasting Services Act 1992
do not apply in relation to expenditure incurred before 1 January 2006.
(3) The amendment made by item 8 does not apply in
relation to expenditure incurred before 1 January 2006.
Communications Legislation Amendment (Enforcement Powers)
Act 2006
(No. 120,
2006)
Schedule 1
53 Application—additional
fees
The amendments of section 205D of the Broadcasting
Services Act 1992 made by this Schedule apply to an additional fee that
relates to a licence fee if the due date for the licence fee is after the date
on which this item commences.
54 Application—infringement
notices
Part 14E of the Broadcasting
Services Act 1992 applies in relation to a contravention that occurs after
this item commences.
Broadcasting
Legislation Amendment (Digital Television) Act 2006
(No. 128,
2006)
Schedule 1
28 Notices about SDTV multi‑channelled national
television broadcasting service
(1) This item applies to a notice that:
(b) was in force immediately before
the commencement of this item; and
(a) was given under paragraph 5A(1)(g)
of Schedule 4 to the Broadcasting Services Act 1992.
(2) The notice has effect, after the commencement of
this item, as if it had been given under paragraph 5C(1)(d) of Schedule 4
to the Broadcasting Services Act 1992 as amended by this Schedule.
28A Variation of national
television conversion scheme
(1) This item applies to
a variation by the ACMA of the national television conversion scheme if:
(a) the variation deals with
transitional and/or consequential matters in connection with the amendments
made by this Schedule; and
(b) the variation is made within 30
days after the commencement of this item.
(2) Clause 33 of Schedule 4 to the Broadcasting
Services Act 1992 does not apply to the variation.
(3) Section 17 of the Legislative Instruments
Act 2003 does not apply to the variation.
(4) The ACMA must not make the variation unless a copy
of the proposed variation was made available on the ACMA’s Internet site for a
period of at least 5 business days.
Schedule 2
93 Determinations under subsection 36(1) of the Broadcasting
Services Act 1992
(1) This item applies to a determination that:
(a) was in force immediately before
the commencement of this item; and
(b) was made under subsection 36(1) of
the Broadcasting Services Act 1992.
(2) The determination, to the extent to which it deals
with the allocation of:
(a) commercial television broadcasting
licences that are broadcasting services bands licences; and
(b) commercial radio broadcasting licences
that are broadcasting services bands licences;
has effect, after the commencement of this item, as if it had
been made under subsection 36(1) of the Broadcasting Services Act 1992 as
amended by this Schedule.
93A
Approval of revocation of multi‑channelling election etc.
(1) This item applies to a notice that was given under
subclause 6(7D) of Schedule 4 to the Broadcasting Services Act 1992 before
the commencement of this item.
(2) The notice has effect, after the commencement of
this item, as if it had been given under subclause 7B(2) of Schedule 4 to
the Broadcasting Services Act 1992 as amended by this Schedule.
93B Variation of the day on which a revocation of a multi‑channelling
election takes effect
(1) This item applies to a notice given under subclause
6(7E) of Schedule 4 to the Broadcasting Services Act 1992 before
the commencement of this item.
(2) The notice has effect, after the commencement of
this item, as if it had been given under subclause 7B(4) of Schedule 4 to
the Broadcasting Services Act 1992 as amended by this Schedule.
93C
Variation of program standards
(1) This item applies to a variation by the ACMA of a
program standard if:
(a) the variation deals with
transitional and/or consequential matters in connection with the amendments
made by this Schedule; and
(b) either:
(i) the variation was made
before the commencement of this item in accordance with section 4 of the Acts
Interpretation Act 1901; or
(ii) the variation is made
within 30 days after the commencement of this item.
(2) Section 126 of the Broadcasting Services
Act 1992 does not apply to the variation.
(3) Section 17 of the Legislative Instruments
Act 2003 does not apply to the variation.
(4) The ACMA must not make the variation unless a copy
of the proposed variation was made available on the ACMA’s Internet site for a
period of at least 5 business days.
93D Variation of commercial television conversion scheme
(1) This item applies to a variation by the ACMA of the
commercial television conversion scheme if:
(a) the variation deals with
transitional and/or consequential matters in connection with the amendments
made by this Schedule; and
(b) either:
(i) the variation was made
before the commencement of this item in accordance with section 4 of the Acts
Interpretation Act 1901; or
(ii) the variation is made
within 30 days after the commencement of this item.
(2) Clause 18 of Schedule 4 to the Broadcasting
Services Act 1992 does not apply to the variation.
(3) Section 17 of the Legislative Instruments
Act 2003 does not apply to the variation.
(4) The ACMA must not make the variation unless a copy
of the proposed variation was made available on the ACMA’s Internet site for a
period of at least 5 business days.
93E Variation of national television conversion scheme
(1) This item applies to a variation by the ACMA of the
national television conversion scheme if:
(a) the variation deals with
transitional and/or consequential matters in connection with the amendments
made by this Schedule; and
(b) either:
(i) the variation was made
before the commencement of this item in accordance with section 4 of the Acts
Interpretation Act 1901; or
(ii) the variation is made
within 30 days after the commencement of this item.
(2) Clause 33 of Schedule 4 to the Broadcasting
Services Act 1992 does not apply to the variation.
(3) Section 17 of the Legislative Instruments
Act 2003 does not apply to the variation.
(4) The ACMA must not make the variation unless a copy
of the proposed variation was made available on the ACMA’s Internet site for a
period of at least 5 business days.
Classification (Publications, Films and Computer Games)
Amendment Act 2007
(No. 27,
2007)
Schedule 1
16 Transitional provision—conditions of licences
(1) This item applies to a condition that was:
(a) imposed in relation to a matter
mentioned in paragraph 100(2)(c) or 119(2)(c) of the Broadcasting Services
Act 1992; and
(b) in force immediately before the
commencement of item 1 of this Schedule.
(2) The condition has effect, after the commencement of
item 1 of this Schedule, as if it had been imposed in relation to a matter
mentioned in paragraph 100(2)(c) or 119(2)(c) of the Broadcasting Services
Act 1992 as amended by this Schedule.
17 Transitional provision—codes of practice
(1) This item applies to codes of practice referred to
in paragraph 123(2)(a), (b) or (c) of the Broadcasting Services Act 1992:
(a) that met the requirement referred
to in paragraph 123(3A)(a) or (3C)(a) of that Act; and
(b) that were in operation immediately
before the commencement of item 2 of this Schedule.
(2) The codes of practice have effect, after the
commencement of item 2 of this Schedule, as if they met the requirement
referred to in paragraph 123(3A)(a) or (3C)(a) of that Act as amended by this
Schedule.
Broadcasting Legislation
Amendment (Digital Radio) Act 2007 (No. 68, 2007)
Schedule 1
183 Frequency allotment plan prepared under section 25
of the Broadcasting Services Act 1992
(1) This item applies to a frequency allotment plan
that:
(a) was in force immediately before the
commencement of this item; and
(b) was prepared under subsection
25(1) of the Broadcasting Services Act 1992.
(2) The amendments of:
(a) section 25 of the Broadcasting
Services Act 1992; and
(b) section 31 of the Radiocommunications
Act 1992;
made by this Schedule do not affect the continuity of the
frequency allotment plan.
184 Instrument made under
subsection 31(1) of the Radiocommunications Act 1992
(1) This item applies to
an instrument that:
(a) was
in force immediately before the commencement of this item; and
(b) was
made under subsection 31(1) of the Radiocommunications Act 1992.
(2) The amendments of:
(a) section 31 of the Radiocommunications
Act 1992; and
(b) section 25 of the Broadcasting
Services Act 1992;
made by this Schedule do not affect the continuity of the
instrument.
185 Modification of Ministerial direction given under
repealed section 162 of the Broadcasting Services Act 1992
(1) This item applies to the direction that:
(a) was given by the Minister on 10 April 2003 under repealed section 162 of the Broadcasting Services Act
1992; and
(b) is known as Australian
Broadcasting Authority (Revisiting Radio LAPs) Direction No. 1 of 2003.
(2) The direction has effect, after the commencement of
this item, as if:
(a) the reference in
paragraph (b) of the direction to the service provided under the licence
were, by express provision, confined to an analog commercial radio broadcasting
service provided under the licence; and
(b) the reference in the direction to
one or more additional commercial radio broadcasting licences were, by express
provision, confined to one or more additional commercial radio broadcasting
licences to provide analog commercial radio broadcasting services.
Communications
Legislation Amendment (Content Services) Act 2007
(No. 124,
2007)
Schedule 1
100 Transitional—content
provisions of Schedule 5 to the Broadcasting Services Act 1992
(1) Despite the
following repeals effected, and amendments made, by this Schedule:
(a) the repeal of the following
provisions of Schedule 5 to the Broadcasting Services Act 1992:
(i) the definition of access‑control
system in clause 3;
(ii) the definition of Classification
Review Board in clause 3;
(iii) the definition of final
take‑down notice in clause 3;
(iv) the definition of interim
take‑down notice in clause 3;
(v) the definition of restricted
access system in clause 3;
(vi) the definition of special
take‑down notice in clause 3;
(vii) clause 4;
(viii) Part 3;
(ix) Division 3 of
Part 4;
(x) paragraphs 79(1)(a),
(b), (c) and (d);
(xi) subclause 88(3);
(xii) paragraphs 92(1)(a),
(b), (c) and (d);
(b) the amendments of the following
definitions in Schedule 5 to the Broadcasting Services Act 1992:
(i) the definition of classified
in clause 3;
(ii) the definition of potential
prohibited content in clause 3;
(iii) the definition of prohibited
content in clause 3;
both:
(c) the provisions covered by
paragraph (a) of this item; and
(d) the definitions covered by
paragraph (b) of this item, to the extent to which they relate to a
provision covered by paragraph (a) of this item;
continue to apply after the commencement of this item, subject to
the modification set out in subitem (2), as if those repeals had not been
effected and those amendments had not been made.
(2) The ACMA must not take any action under
clause 30 or 36 of Schedule 5 to the Broadcasting Services Act
1992 after the commencement of this item.
101 Industry codes and standards under Part 5 of
Schedule 5 to the Broadcasting Services Act 1992—Internet service
providers
(1) This item applies to:
(a) an industry code registered under
Part 5 of Schedule 5 to the Broadcasting Services Act 1992; or
(b) an industry standard under that
Part;
if:
(c) the code or standard was in force
immediately before the commencement of this item; and
(d) the code or standard relates, in
whole or in part, to the Internet service provider section of the Internet
industry.
(2) The amendments of clause 60 of Schedule 5
to the Broadcasting Services Act 1992 made by this Schedule do not
affect the continuity of the code or standard to the extent to which it relates
to the Internet service provider section of the Internet industry.
(3) However, the Parliament intends that the ACMA
should, within 90 days after the commencement of this item, take action under
Schedule 5 to the Broadcasting Services Act 1992 directed towards
ensuring compliance with clause 60 of that Schedule as amended by this
Schedule.
102 Industry codes and standards under Part 5 of
Schedule 5 to the Broadcasting Services Act 1992—Internet content
hosts
(1) This item applies to:
(a) an industry code registered under
Part 5 of Schedule 5 to the Broadcasting Services Act 1992; or
(b) an industry standard under that
Part;
if:
(c) the
code or standard was in force immediately before the commencement of this item;
and
(d) the code or standard relates, in
whole or in part, to the Internet content host section of the Internet
industry.
(2) The code or standard, to the extent to which it
relates to the Internet content host section of the Internet industry, is
revoked when this item commences.
(3) The code or standard, to the extent to which it
relates to the Internet content host section of the Internet industry, ceases
to be registered under that Part when this item commences.
103 Transfer of complaints made under repealed subclauses
22(1) and (2) of Schedule 5 to the Broadcasting Services Act 1992
(1) This item applies to a complaint under repealed
subclause 22(1) or (2) of Schedule 5 to the Broadcasting Services Act
1992 if:
(a) the complaint was made before the
commencement of this item; and
(b) the investigation of the complaint
under clause 26 of that Schedule is pending immediately before the
commencement of this item.
(2) Schedule 7 to the Broadcasting Services Act
1992 has effect as if:
(a) clause 37 of that Schedule
included a provision that entitled the complainant to make the complaint under
that clause; and
(b) the complaint had been made under
that provision immediately after the commencement of this item; and
(c) subclause 37(8) of that Schedule
did not apply to the complaint.
104 Transfer of certain investigations under repealed
clause 27 of Schedule 5 to the Broadcasting Services Act 1992
(1) This item applies to an investigation by the ACMA
relating to a matter mentioned in repealed clause 27 of Schedule 5 to
the Broadcasting Services Act 1992 if:
(a) the investigation started before
the commencement of this item; and
(b) the investigation is pending
immediately before the commencement of this item; and
(c) the investigation relates to a
matter covered by paragraph (1)(a) or (b) of that clause.
(2) Schedule 7 to the Broadcasting Services Act
1992 has effect as if clause 44 of that Schedule included a provision
that authorised the ACMA to investigate the matter under that clause.
106 Transitional—pre‑commencement
training of content assessors
(1) The Director of the Classification Board may
exercise a power conferred by clause 18 of Schedule 7 to the Broadcasting
Services Act 1992 before that Schedule comes into operation as if it had
come into operation.
(2) The 12‑month period referred to in paragraph
18(1)(a) of Schedule 7 to the Broadcasting Services Act 1992 may
begin before that Schedule comes into operation.
(3) This item does not limit section 4 of the Acts
Interpretation Act 1901.
107 Transitional—pre‑commencement development of
industry codes under Part 4 of Schedule 7 to the Broadcasting
Services Act 1992
(1) An industry code may be developed under Part 4
of Schedule 7 to the Broadcasting Services Act 1992 (whether or not
in response to a request under that Part) before that Schedule comes into
operation as if it had come into operation.
(2) The ACMA or any other person, body or association
may:
(a) exercise a power conferred by; or
(b) do anything under;
Division 4 of Part 4 of Schedule 7 to the Broadcasting
Services Act 1992 (other than clause 89 or 90 of that Schedule) before
that Schedule comes into operation as if it had come into operation.
(3) The ACMA may maintain a Register under clause 101
of Schedule 7 to the Broadcasting Services Act 1992 before that
Schedule comes into operation as if it had come into operation.
(4) An industry code registered under clause 101
of Schedule 7 to the Broadcasting Services Act 1992 before that
Schedule comes into operation takes effect when that Schedule comes into
operation.
(5) The Minister may exercise a power conferred by
clause 79 of Schedule 7 to the Broadcasting Services Act 1992
before that Schedule comes into operation as if it had come into operation.
(6) This item does not limit section 4 of the Acts
Interpretation Act 1901.
Communications
Legislation Amendment (Miscellaneous Measures) Act 2008
(No. 72,
2008)
Schedule 1
5 Application of amendments—sections 90 and 91 of the Broadcasting
Services Act 1992
The amendments of sections 90 and 91 of the Broadcasting
Services Act 1992 made by this Schedule apply to an application for renewal
made after the commencement of this item.
Same‑Sex
Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act
2008 (No. 144, 2008)
Schedule 3
10 Transitional provision
For the purposes of the Broadcasting Services Act 1992,
if:
(a) apart from this item, a person
would be in a position to exercise control of a licence, a newspaper or a
company on the day on which the amendments of that Act made by this Schedule
commence; and
(b) the person would be in that
position only because of the amendments;
the person is, during the period of 6 months starting on the day
on which the amendments commence, taken not to be in that position for so long
as the person would otherwise have been in that position.
Broadcasting Legislation Amendment (Digital Television
Switch‑over) Act 2008 (No. 158, 2008)
Schedule 2
21 Variation of commercial television conversion scheme
(1) This item applies to a variation by the ACMA of the
commercial television conversion scheme if:
(a) the variation deals with
transitional and/or consequential matters in connection with the amendments
made by this Schedule; and
(b) either:
(i) the variation was made
before the commencement of this item in accordance with section 4 of the Acts
Interpretation Act 1901; or
(ii) the variation is made
within 30 days after the commencement of this item.
(2) Clause 18 of Schedule 4 to the Broadcasting
Services Act 1992 does not apply to the variation.
(3) The ACMA must not make the variation unless a copy
of the proposed variation was made available on the ACMA’s website for a period
of at least 5 business days.
22 Variation of national television conversion scheme
(1) This item applies to a variation by the ACMA of the
national television conversion scheme if:
(a) the variation deals with
transitional and/or consequential matters in connection with the amendments
made by this Schedule; and
(b) either:
(i) the variation was made
before the commencement of this item in accordance with section 4 of the Acts
Interpretation Act 1901; or
(ii) the variation is made
within 30 days after the commencement of this item.
(2) Clauses 32 and 33 of Schedule 4 to the Broadcasting
Services Act 1992 do not apply to the variation.
(3) The ACMA must not make the variation unless a copy
of the proposed variation was made available on the ACMA’s website for a period
of at least 5 business days.