Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The regulations may make provision for the allocation by the ACMA of additional commercial television broadcasting licences, commercial radio broadcasting licences and community broadcasting licences on the application of an existing licensee.
(2) Those additional licences are:
(a) to be allocated to a person other than the licensee; and
(b) to allow the provision of broadcasting services with the use of the same part of the broadcasting services bands or other means of delivery as is used by the licensee.
(3) The provisions of this Act, other than the provisions dealing with advertising for or allocating licences, apply to those additional licences.
(4) If such an additional licence would use a part of the broadcasting services bands being used by a community broadcasting licensee, services under that licence can only be provided with the approval of the ACMA.
• The ACMA must maintain a Register of Foreign Owners of Media Assets.
• The Register of Foreign Owners of Media Assets must set out, for each Australian media company, information about each foreign stakeholder in the company.
• Foreign stakeholders must notify the ACMA of their company interests in Australian media companies.
• This Division requires subscription television broadcasting licensees to ensure the maintenance of minimum levels of expenditure on new eligible drama programs .
• An eligible drama program is a drama program that is an Australian program, an Australian/New Zealand program, a New Zealand program or an Australian official co - production.
• If a licensee provides a subscription TV drama service, expenditure on new eligible drama programs for each financial year must be at least 10% of total program expenditure.
• If a channel provider supplies a channel that is televised on a subscription TV drama service, the 10% expenditure requirement is calculated by reference to the expenditure incurred by the channel provider.
• If a channel provider supplies a channel that is televised on a subscription TV drama service and the 10% expenditure requirement is not met for a particular financial year, the shortfall will have to be made up in the next financial year.
• If expenditure on new eligible drama programs for a financial year exceeds the 10% expenditure requirement, the excess expenditure may be carried forward to the next financial year.
• Licensees and channel providers are required to lodge annual returns about their program expenditure.
• Unless the ACMA gives permission, a subscription television broadcasting licensee, or a related body corporate, must not provide a television service in a regional area if 3 or more consecutive program items transmitted on that service are identical to any 3 or more consecutive program items transmitted by a metropolitan commercial television broadcasting licensee during prime viewing hours.
• Applications may be made to the ACMA for the allocation of international broadcasting licences.
• The ACMA may only reject an application for the allocation of an international broadcasting licence to a person if:
(a) the ACMA is not satisfied that the person is an Australian company; or
(b) the ACMA is not satisfied that the person is a suitable applicant; or
(c) the Minister for Foreign Affairs is of the opinion that the international broadcasting service is likely to be contrary to Australia's national interest.
• A licensee must keep records of broadcasts for 90 days.
• An international broadcasting licence may only be cancelled if:
(a) the licensee does not commence to provide an international broadcasting service within 2 years; or
(b) the Minister for Foreign Affairs is of the opinion that the international broadcasting service is likely to be contrary to Australia's national interest.
• The ACMA may make declarations ( nominated broadcaster declarations ) that allow international broadcasting licences and related transmitter licences to be held by different persons, so long as the transmitter licence is held by an Australian company.
• If a nominated broadcaster declaration is in force:
(a) the international broadcasting licence may be issued to a company that is not an Australian company; and
(b) the holder of the transmitter licence must keep records of broadcasts for 90 days; and
(c) the holder of the transmitter licence may receive notices on behalf of the holder of the international broadcasting licence.
• Industry codes may be registered by the ACMA.
• 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.
• A conditional access scheme is a scheme that sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section 38C.
• The ACMA may register a conditional access scheme developed by a body or association that represents commercial television broadcasting licensees.
• If no conditional access scheme is developed by a body or association that represents commercial television broadcasting licensees, the ACMA may formulate and register a conditional access scheme.
• Broadcasters must comply with rules and standards relating to captioning of television programs for the deaf and hearing impaired.
• This Part sets up a framework to regulate the accessibility and prominent display of certain broadcasting services and broadcasting video on demand services (called regulated television services ) on devices designed for viewing television (called regulated television devices ).
• The main rules are that a person who is a manufacturer of a regulated television device, or a related body corporate of a manufacturer:
(a) must not supply the device in Australia if the device does not comply with the minimum prominence requirements for a regulated television service; and
(b) must ensure the device continues to comply with those requirements after the device is supplied; and
(c) must not charge a regulated television service provider in relation to the device complying with those requirements; and
(d) must take reasonable steps to ensure that the audiovisual content provided by a regulated television service is not altered or interfered with.
There are exceptions to these rules.
• A person who contravenes these rules may be liable to a civil penalty.
• Regulated television services include national television broadcasting services, commercial television broadcasting services, community television broadcasting services and certain broadcasting video on demand services provided free to the public.
• The regulations may prescribe the minimum prominence requirements for a regulated television service.
• The ACMA has information gathering and enforcement functions and powers in relation to this Part.
• There is to be a review of the operation of this Part.
• This Part sets up a regime to discourage commercial television broadcasting licensees, program suppliers, the ABC and the SBS from hoarding rights to provide live television coverage of certain events or series of events.
• The Minister may, by legislative instrument, designate the events or series that are covered by this Part. The instrument must also specify an offer time for the event or series. The offer time must occur 30 days or more before the start of the event or series unless the Minister is satisfied that the offer time should occur closer to the start of the event or series.
• If a commercial television broadcasting licensee acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the licensee must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC and the SBS. The offer must remain open for acceptance for a minimum period of 7 days.
• If a commercial television broadcasting licensee's program supplier is entitled to confer on the licensee a right to provide live television coverage of a designated event or series, but does not confer the right to televise the whole or a part of the event or series, the program supplier must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC and the SBS. The offer must remain open for acceptance for a minimum period of 7 days.
• If the ABC acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the ABC must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the SBS. The offer must remain open for acceptance for a minimum period of 7 days.
• If the SBS acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the SBS must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC. The offer must remain open for acceptance for a minimum period of 7 days.
• The ACMA must make assessments of interim tax.
• Interim tax is due and payable 28 days after the assessment is given to the person to whom the assessment relates.
• There is a penalty for late payment of interim tax.
• Schemes to avoid interim tax are prohibited.
• Pecuniary penalties are payable for contraventions of civil penalty provisions.
• The Federal Court may grant injunctions in relation to contraventions of subsection 121FG(3) or section 136A, 136B, 136C, 136D or 136E or subclause 49(3) of Schedule 6 (which deal with the provision of unlicensed services).
• The Federal Court may also grant injunctions in relation to contraventions of section 26AA (which deals with television licence area plans).
• The Federal Court may also grant injunctions in relation to transactions that are prohibited under Division 5A of Part 5 (which deals with media diversity).
• A person may give the ACMA an enforceable undertaking about compliance with this Act or a registered code of practice.
• This Part sets up a system of infringement notices for contraventions of a designated infringement notice provision as an alternative to the institution of court proceedings.
• The ACMA may, on behalf of the Commonwealth, make a grant of financial assistance to:
(a) a publisher of a newspaper, magazine or other periodical; or
(b) a content service provider.
• A grant must be in respect of:
(a) the financial year commencing on 1 July 2018; or
(b) the financial year commencing on 1 July 2019; or
(c) the financial year commencing on 1 July 2020.
• The Minister may constitute an advisory committee to advise the ACMA.
Broadcasting Services Act 1992
No. 110, 1992
Compilation No. 109
Compilation date: 10 July 2024
Includes amendments: Act No. 62, 2024
Registered: 1 August 2024
This compilation is in 2 volumes
Volume 2: Schedules 1, 2, 4 and 6-8
Endnotes
Each volume has its own contents
This compilation
This is a compilation of the Broadcasting Services Act 1992 that shows the text of the law as amended and in force on 10 July 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Schedule 1--Control and ownership of company interests
Part 1--Introduction
1 Control--general
Part 2--When person is in a position to exercise control
2 When person is in a position to exercise control
3 When person is in a position to exercise control of a newspaper
4 Special provisions for authorised lenders
Part 3--Deemed control
5 Explanation of examples
6 The 15% rule
7 Application of method through chain of companies
Part 4--Tracing of ownership
8 Tracing of ownership
Schedule 2--Standard conditions
Part 1--Interpretation
2 Interpretation--certain things do not amount to broadcasting of advertisements
Part 2--Special conditions
3 Broadcasting of political or controversial material
3A Broadcasting of election advertisements
3B Broadcasting of referendum advertisements
4 Identification of certain political matter
5 Records of matter broadcast
Part 3--Commercial television broadcasting licences
Division 1--General
7 Conditions of commercial television broadcasting licences
Division 2--Licences allocated under section 38C
7A Common conditions
7B Conditions about the provision of primary commercial television broadcasting services
7C Conditions about the provision of non - primary commercial television broadcasting services
7D Condition about the provision of local news services
7E Exemption--provision of new commercial television broadcasting services not technically feasible
7F Exemption--commercial television broadcasting services with the same program content
7G Delay in commencement of new commercial television broadcasting services
7J Program content
7L Definitions
Part 4--Commercial radio broadcasting licences
8 Standard conditions of commercial radio broadcasting licences
Part 5--Community broadcasting licences
9 Conditions applicable to services provided under community broadcasting licences
Part 6--Subscription television broadcasting licences
10 Conditions applicable to subscription television broadcasting licences
Part 7--Services provided under class licences
11 Conditions applicable to broadcasting services provided under class licences
Schedule 4--Digital television broadcasting
Part 1--Introduction
1 Simplified outline of this Schedule
4A HDTV digital mode
4B SDTV digital mode
5 Remote licence area
5A SDTV multi - channelled commercial television broadcasting service
5B HDTV multi - channelled commercial television broadcasting service
5C SDTV multi - channelled national television broadcasting service
5D HDTV multi - channelled national television broadcasting service
Part 3--ABC/SBS television
36 Digital transmitter not to be used to provide a subscription television broadcasting service etc.
Part 4A--Primary television broadcasting services
Division 1--Commercial television broadcasting services
41G Primary commercial television broadcasting service
Division 2--National television broadcasting services
41M Primary national television broadcasting service
41N Primary satellite national television broadcasting service
Part 5--Transmitter access regime
42 Simplified outline
43 Definitions
43A Designated associated facilities
44 Extended meaning of access
45 Access to broadcasting transmission towers
45A Access to designated associated facilities
46 Access to sites of broadcasting transmission towers
47 Terms and conditions of access
48 Code relating to access
49 Arbitration--acquisition of property
50 Relationship between this Part and the National Transmission Network Sale Act 1998
Part 10--Review of decisions
62 Review by the AAT
63 Notification of decisions to include notification of reasons and appeal rights
Schedule 6--Datacasting services
Part 1--Introduction
1 Simplified outline
2A Designated datacasting service
3 Educational programs
4 Information - only programs
5 Foreign - language news or current affairs programs
6 Datacasting content is taken not to be a television program or a radio program etc.
Part 2--Datacasting licences
7 Allocation of datacasting licence
8 When datacasting licence must not be allocated
9 Unsuitable applicant
10 Transfer of datacasting licences
11 Surrender of datacasting licences
12 ACMA to maintain Register of datacasting licences
Part 3--Conditions of datacasting licences
Division 1--Genre conditions
13 Category A television programs
14 Condition relating to category A television programs
15 Category B television programs
16 Condition relating to category B television programs
17 Genre conditions do not apply to Parliamentary proceedings etc.
18 Genre conditions do not apply to matter that consists of no more than text or still visual images etc.
18A Genre conditions do not apply to advertising or sponsorship material
19 Genre conditions do not apply to interactive computer games
20 Genre conditions do not apply to internet carriage services or ordinary email
20AA Genre conditions do not apply to certain content copied from the internet
Division 2--Audio content condition
21 Audio content condition
22 Audio content condition does not apply to Parliamentary proceedings etc.
23 Audio content condition does not apply to matter that consists of no more than text or still visual images etc.
23A Audio content condition does not apply to advertising or sponsorship material
Division 2A--Genre conditions: anti - avoidance
23B Anti - avoidance--declared internet carriage services
Division 3--Other conditions
24 General conditions
25 Suitability condition
26 Additional conditions imposed by the ACMA
27 Restricted access system
Division 4--Exemption orders for content copied from the internet
27A Exemption orders in relation to content copied from the internet
Part 4--Codes of practice
28 Development of codes of practice
30 ACMA to maintain Register of codes of practice
31 ACMA may determine standards where codes of practice fail or where no code of practice developed
32 Consultation on standards
33 Notification of determination or variation or revocation of standards
34 Limitation of ACMA's power in relation to standards
35 This Part does not apply to internet carriage services or ordinary email
35A This Part does not apply to the ABC or SBS
Part 5--Complaints to the ACMA about datacasting services
36 Complaints about offences or breach of licence conditions
37 Complaints under codes of practice
38 Investigation of complaints by the ACMA
Part 8--Remedies for breaches of licensing provisions
Division 1--Providing a designated datacasting service without a licence
49 Prohibition on providing a designated datacasting service without a licence
50 Remedial directions--unlicensed datacasting services
51 Exemption for broadcasting licensees etc.
51A Exemption for designated teletext services
Division 2--Breaches of licence conditions
52 Offence for breach of conditions
52A Civil penalty provision relating to breach of conditions of datacasting licences
53 Remedial directions--breach of conditions
54 Suspension and cancellation
55 Injunctions
56 Federal Court's powers relating to injunctions
57 Stay of proceedings relating to additional licence conditions, remedial directions and suspension/cancellation decisions
Part 9--Review of decisions
58 Review by the Administrative Appeals Tribunal
59 Notification of decisions to include notification of reasons and appeal rights
Schedule 7--Content services definitions
1 Purpose of this Schedule
5 Content service provider
7 When content service is provided to the public etc.
9 Services supplied by way of a voice call or video call
12 Re - transmitted broadcasting services
13 Re - transmitted datacasting services
17 Extended meaning of use
Schedule 8--Online content services
Part 1--Introduction
1 Simplified outline of this Schedule
3 Online content service
4 Exempt online simulcast service
5 Geographical link to Australia
6 Online content service provider
7 When content is provided on an online content service
8 When a service is provided to the public etc.
9 Extended meaning of using
10 Extra - territorial application
Part 2--Online content service provider rules
11 Online content service provider rules
12 Administrative decisions
Part 3--Gambling promotional content
Division 1--Online content service provider rules relating to gambling promotional content
13 Gambling promotional content
14 Accidental or incidental provision of gambling promotional content
15 Individual exemptions from online content service provider rules
16 Class exemptions from online content service provider rules
Division 2--Interpretive provisions
17 When a part of an online content service is taken to be an online content service in its own right
18 Gambling service
19 Sporting event
20 Live coverage of a sporting event
21 Gambling promotional content provided in conjunction with live coverage of a sporting event
22 Scheduled start of a sporting event
23 Conclusion of a sporting event
Part 4--Complaints
24 Complaints to ACMA--online content service provider rules
Part 5--Enforcement
25 Compliance with the online content service provider rules
26 Remedial directions--breach of the online content service provider rules
Part 6--Miscellaneous
27 Minister may direct the ACMA about the exercise of its powers
28 Service of notices by electronic means
29 Service of summons, process or notice on corporations incorporated outside Australia
30 This Schedule does not limit Part 9 of the Online Safety Act 2021
32 Implied freedom of political communication
34 Concurrent operation of State and Territory laws
35 Schedule not to affect performance of State or Territory functions
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history