Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZS

Commercial television broadcasting licensee

  (1)   If:

  (a)   a commercial television broadcasting licence is in force; and

  (b)   the licence was not allocated under section   38C; and

  (c)   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

  (d)   the program has been previously transmitted on another commercial television broadcasting service provided by the licensee in the licence area; and

  (e)   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   (c).

Note:   For compliance by licensees, see clause   7 of Schedule   2.

  (2)   If:

  (a)   a commercial television broadcasting licence is allocated under section   38C; and

  (b)   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).

Note:   For compliance by licensees, see clause   7 of Schedule   2.

National broadcaster

  (3)   If:

  (a)   a 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 a coverage area; and

  (b)   the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster in the coverage area; and

  (c)   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   (a).

  (4)   Subsection   (3) does not apply to a national television broadcasting service provided with the use of a satellite.

  (5)   If:

  (a)   a 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 a satellite delivery area; and

  (b)   the service mentioned in paragraph   (a) is provided with the use of a satellite; and

  (c)   the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster, with the use of a satellite, in the satellite delivery 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   (a).