BROADCASTING SERVICES ACT 1992

Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Objects of this Act
4. Regulatory policy
5. Role of the ACMA
6. Interpretation
7. Interpretation--meaning of control
8. Interpretation--shareholding interests, voting interests, dividend interests and winding - up interests
8A. Captioning taken to be part of program
8AA. Designated community radio broadcasting licence
8AB. Digital program enhancement content taken to be a radio program
8AC. Digital radio start - up day
8AD. Deemed radio broadcasting licence areas
8AE. Local content exemption period--regional commercial radio broadcasting licensee
8AF. Regional racing service radio licence
8B. Remote Indigenous community
9. Act to bind the Crown
10. Extension of Act to the external Territories
10A. Application of the Criminal Code

PART 2--CATEGORIES--OF BROADCASTING SERVICES

11. Categories of broadcasting services
11A. Dual categorisation of international broadcasting services
12. Method of regulating particular services
13. National broadcasting services
14. Commercial broadcasting services
15. Community broadcasting services
16. Subscription broadcasting services
17. Subscription narrowcasting services
18. Open narrowcasting services
18A. International broadcasting services
19. ACMA may determine additional criteria or clarify existing criteria
21. Requests to ACMA to decide which category a broadcasting service falls into
22. Matters to be considered by ACMA

PART 3--PLANNING--OF THE BROADCASTING SERVICES BANDS

23. Planning criteria
26. Preparation of licence area plans
26AA. Compliance with television licence area plan
26C. Licence area plans not required to deal with certain digital radio broadcasting services
26D. Licence area plans--how digital radio broadcasting services may be dealt with
29. Designation of licence areas
30. ACMA may determine population figures
31. Minister may reserve capacity for national broadcasters or community broadcasters
33. Development of technical planning guidelines
34. Alternative uses of broadcasting services bands

PART 4--COMMERCIAL--TELEVISION BROADCASTING LICENCES AND COMMERCIAL RADIO BROADCASTING LICENCES

Division 1--Allocation of licences

36. ACMA to determine system for allocating licences
36A. Commercial radio broadcasting licences to provide analog or digital commercial radio broadcasting services
37. When licences must not be allocated
37A. Limitation on number of commercial television broadcasting licences
38. ACMA to advertise for applications for certain licences
38A. Additional commercial television licences in single markets
38B. Additional commercial television licences in 2 - station markets
38C. Commercial television broadcasting licences--services provided with the use of a satellite
39. Additional commercial radio licences in single markets
40. Allocation of other licences
41. When persons are regarded as suitable

Division 2--Services authorised by licences

41C. Services authorised by commercial television broadcasting licences
41CA. Services authorised by commercial television broadcasting licences allocated under section 38C
41D. Services authorised by commercial radio broadcasting licences

Division 3--Licence conditions

42. Conditions of commercial broadcasting licences
43. ACMA may impose additional conditions
43AA. Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees
43AB. Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees
43AC. Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees
43AD. Compensation for acquisition of property
43B. Local presence--regional commercial radio broadcasting licences
43C. Local content--regional commercial radio broadcasting licences
43D. Special licence conditions relating to digital radio commercial broadcasting services
44. Matters to which conditions may relate

Division 4--General provisions

45. Duration of licences
46. Applications for renewal
47. ACMA to renew licences unless it is aware of special circumstances
48. Transfer of commercial broadcasting licences
49. Surrender of commercial broadcasting licences

PART 5--CONTROL--OF COMMERCIAL BROADCASTING LICENCES

Division 1--Preliminary

50A. This Part does not apply in relation to licences allocated under section 38C or subsection 40(1)
50. Interpretation--knowledge of company
51. Means of dealing with overlapping licence areas
52. Changes in licence area populations not to put persons in breach of this Part
52A. Newspapers--additional constitutional basis

Division 2--Limitation on control

53. Limitation on control of commercial television broadcasting licences
54. Limitation on control of commercial radio broadcasting licences

Division 3--Limitation on directorships

55. Limitation on numbers of directorships--television
56. Limitation on numbers of directorships--radio

Division 5--Newspapers associated with licence areas

59. Newspapers associated with commercial television or radio broadcasting licence areas

Division 5A--Media diversity

Subdivision A--Introduction

61AA. Definitions
61AB. Unacceptable media diversity situation
61AC. Points
61AD. Statutory control rules
61AE. Shared content test
61AF. Overlapping licence areas

Subdivision B--Prohibition of transactions that result in an unacceptable media diversity situation coming into existence etc.

61AG. Prohibition of transactions that result in an unacceptable media diversity situation coming into existence--offence
61AH. Prohibition of transactions that result in an unacceptable media diversity situation coming into existence--civil penalty
61AJ. Prior approval of transactions that result in an unacceptable media diversity situation coming into existence etc.
61AK. Extension of time for compliance with prior approval notice
61AL. Breach of prior approval notice--offence
61AM. Breach of prior approval notice--civil penalty

Subdivision C--Remedial directions

61AN. Remedial directions--unacceptable media diversity situation
61AP. Extension of time for compliance with remedial direction
61AQ. Breach of remedial direction--offence
61AR. Breach of remedial direction--civil penalty

Subdivision D--Enforceable undertakings

61AS. Acceptance of undertakings
61AT. Enforcement of undertakings

Subdivision E--Register of Controlled Media Groups

61AU. Register of Controlled Media Groups
61AV. How a media group is to be entered in the Register
61AW. Explanatory notes may be included in the Register
61AX. Continuity of media group
61AY. Initial registration of media groups
61AZ. Registration of newly - formed media group
61AZA. De - registration of media group that has ceased to exist
61AZB. Registration of change of controller of registered media group
61AZC. Registration of change of composition of media group
61AZCA. ACMA must deal with notifications in order of receipt
61AZD. Conditional transactions
61AZE. Review and confirmation of entries and alterations etc.
61AZF. Reconsideration of decisions
61AZG. Corrections of clerical errors or obvious defects
61AZH. Regulations

Division 5B--Disclosure of cross-media relationships

61BA. Definitions
61BB. Disclosure of cross - media relationship by commercial television broadcasting licensee
61BC. Choice of disclosure method--commercial radio broadcasting licensee
61BD. Disclosure of cross - media relationship by commercial radio broadcasting licensee--business affairs disclosure method
61BE. Disclosure of cross - media relationship by commercial radio broadcasting licensee--regular disclosure method
61BF. Disclosure of cross - media relationship by publisher of newspaper
61BG. Exception--political communication
61BH. Matter or material about the business affairs of a broadcasting licensee or newspaper publisher

Division 5C--Local news and information requirements for regional commercial radio broadcasting licensees

Subdivision A--Introduction

61CA. Definitions
61CAA. This Division does not apply in relation to certain licences
61CB. Trigger event
61CC. What is local?

Subdivision B--Minimum service standards for local news and information

61CD. Licensee must meet minimum service standards for local news and information
61CE. Minimum service standards for local news and information

Subdivision C--Local content statements

61CF. Licensee must prepare and publish local content statements

Subdivision CA--Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings

61CG. Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings

Subdivision CB--ACMA's information-gathering powers

61CH. ACMA's information - gathering powers

Subdivision D--Other local content requirements

61CR. Minister may direct the ACMA to conduct an investigation about other local content requirements
61CS. Minister may direct the ACMA to impose licence conditions relating to local content

Division 5D--Local programming requirements for regional commercial television broadcasting licensees

61CU. Definitions
61CV. Trigger event
61CW. Local programming requirements for regional aggregated commercial television broadcasting licensees
61CX. Local programming requirements for regional non - aggregated commercial television broadcasting licensees
61CY. Points system
61CYA. Modifications relating to designated Western Australian commercial television broadcasting licences
61CYB. When designated Western Australian commercial television broadcasting licences are under common control
61CZ. Local programming determination
61CZA. Record - keeping requirements
61CZB. Licensee must submit compliance reports
61CZC. Review of local programming requirements
61CZD. Minister may direct the ACMA about the exercise of its powers

Division 6--Notification provisions

63. Requirement to notify changes in control
65A. Strict liability offence
65B. Designated infringement notice provision

Division 7--Approval of temporary breaches

66. Offence for breaches without approval
67. Applications for prior approval of temporary breaches
68. Extension of time for compliance with notice
69. Breach of notice under section 67 to constitute an offence

Division 8--Action by the ACMA

70. Notices by the ACMA
71. Extension of time for compliance with notice
72. Breach of notice under section 70 to constitute an offence

Division 9--Special provision for small markets

73. Additional licence under section 38A not to result in breach of ownership limits
73A. Additional licence allocated under section 38B not to result in breach of control rules

Division 10--Prior opinions by the ACMA

74. Requests to ACMA to give an opinion on whether a person is in a position to control a licence, a newspaper or a company

Division 10A--Register of Foreign Owners of Media Assets

Subdivision A--Introduction

74A. Simplified outline of this Division
74B. Definitions
74C. Foreign stakeholder

Subdivision B--Register of Foreign Owners of Media Assets

74D. Register of Foreign Owners of Media Assets
74E. Information to be set out in the Register of Foreign Owners of Media Assets

Subdivision C--Notification

74F. Notification by a person who becomes a foreign stakeholder in an Australian media company
74G. Notification by a person who ceases to be a foreign stakeholder in an Australian media company
74H. Notification by a person who is a foreign stakeholder in an Australian media company at the end of a financial year
74J. Notification by a person who is a foreign stakeholder in an Australian media company at the commencement of this Division
74K. Notification by a person who is a foreign stakeholder in an Australian media company--requirement by the ACMA
74L. Requirement for executors, administrators and liquidators to give notification
74M. Person may give the ACMA relevant information

Subdivision D--Miscellaneous

74N. Minister may direct the ACMA about the performance of its functions or the exercise of its powers
74P. Service of summons, process or notice on corporations incorporated outside Australia
74Q. Extra - territorial application
74R. Annual report
74S. Part 13 not limited
74T. Liability for damages
74U. Review of this Division etc.

Division 11--Miscellaneous

75. Register of matters under this Part
76. Continuing offences
77. Part has effect notwithstanding Competition and Consumer Act
78. Part not to invalidate appointments

PART 6--COMMUNITY--BROADCASTING LICENCES

79. Interpretation
79A. Application
80. Allocation of BSB community broadcasting licences
81. When licences must not be allocated
82. Other community broadcasting licences
83. When persons are regarded as suitable
84. Allocation of community broadcasting licences
84A. Designated community radio broadcasting licences to provide analog or digital services
85. ACMA not required to allocate community broadcasting licence to any applicant
85A. Services authorised by designated community radio broadcasting licences
86. Conditions of community broadcasting licences
87. ACMA may impose additional conditions on community broadcasting licences
87A. Additional conditions on CTV licences
87B. Special licence condition relating to digital community radio broadcasting services
88. Matters to which conditions may relate
89. Duration of community broadcasting licences
90. Applications for renewal of community broadcasting licences
91. ACMA may renew community broadcasting licences
91A. Transfer of community broadcasting licences
92. Surrender of community broadcasting licences

PART 6A--TEMPORARY--COMMUNITY BROADCASTING LICENCES

92A. Interpretation
92B. Temporary community broadcasting licences
92C. Applicants for temporary community broadcasting licences
92D. When applicants and licensees are regarded as suitable
92E. Criteria for deciding whether to allocate a licence
92F. Licences to accord with alternative planning procedures
92G. Licence area, timing conditions and licence period
92H. Conditions of temporary community broadcasting licences
92J. ACMA may vary conditions or periods, or impose new conditions
92K. Duration of temporary community broadcasting licences
92L. Surrender of temporary community broadcasting licences

PART 7--SUBSCRIPTION--TELEVISION BROADCASTING SERVICES

Division 1--Allocation of subscription television broadcasting licences

95. When subscription television broadcasting licence must not be allocated
96. Allocation of other subscription television broadcasting licences
97. Requests to Australian Competition and Consumer Commission
98. Suitability for allocation of licence
98D. Compensation

Division 2--Conditions of subscription television broadcasting licence

99. Conditions applicable to subscription television broadcasting licence
100. Matters to which conditions may relate

Division 2A--Eligible drama expenditure

Subdivision A--Introduction

103A. Simplified outline
103B. Definitions
103C. Channel providers
103D. Part - channel providers
103E. Pass - through providers
103F. Part - pass - through providers
103G. Supply of channel or package
103H. Non - designated pre - production expenditure not to be counted unless principal photography has commenced
103J. Cash - based accounting--when expenditure is incurred
103JA. When designated script development expenditure is incurred in relation to an eligible drama program etc.
103K. When expenditure incurred on a new eligible drama program
103L. ACMA may make determinations about what constitutes program expenditure
103M. Expenditure to be nominated only once in meeting licence conditions

Subdivision B--Channel provider supplies channel

103N. 10% minimum eligible drama expenditure--channel provider supplies channel
103NA. Carry - forward eligible drama expenditure
103P. Shortfall of eligible drama expenditure--channel provider supplies channel exclusively to licensee
103Q. Shortfall of eligible drama expenditure--channel provider supplies channel to multiple licensees

Subdivision C--Pass-through provider supplies channel

103R. 10% minimum eligible drama expenditure--pass - through provider supplies channel
103RA. Carry - forward eligible drama expenditure
103S. Shortfall of eligible drama expenditure--pass - through provider supplies channel

Subdivision D--Licensee supplies all program material

103T. 10% minimum eligible drama expenditure--licensee supplies all program material
103TA. Carry - forward eligible drama expenditure

Subdivision E--Part-channel provider supplies package of programs

103U. 10% minimum eligible drama expenditure--part - channel provider supplies package of programs
103UA. Carry - forward eligible drama expenditure
103V. Shortfall of eligible drama expenditure--part - channel provider supplies a package of programs exclusively to licensee
103W. Shortfall of eligible drama expenditure--part - channel provider supplies a package of programs to multiple licensees

Subdivision F--Part-pass-through provider supplies package of programs

103X. 10% minimum eligible drama expenditure--part - pass - through provider supplies package of programs
103XA. Carry - forward eligible drama expenditure
103Y. Shortfall of eligible drama expenditure--part - pass - through provider supplies package of programs

Subdivision G--Licensee supplies part of program material

103Z. 10% minimum eligible drama expenditure--licensee supplies part of program material
103ZAA. Carry - forward eligible drama expenditure

Subdivision H--Annual returns

103ZA. Licensee to lodge annual return
103ZB. Channel provider and part - channel provider to lodge annual return
103ZC. ACMA may inquire into the correctness of an annual return
103ZD. Nominations to be attached to annual returns

Subdivision J--Miscellaneous

103ZG. Anti - avoidance--transactions between persons not at arm's length
103ZH. Expenditure to be expressed in Australian currency

Division 6--Miscellaneous

113. Transfer of subscription television broadcasting licence
114. Surrender of subscription television broadcasting licence
115. Minister may protect the free availability of certain types of programs
116. Certain arrangements not to result in control or in persons being associates
116A. Use of additional capacity
116B. Application of section 51 of the Competition and Consumer Act

PART 8--SUBSCRIPTION--BROADCASTING AND NARROWCASTING CLASS LICENCES

117. Determination of class licences
118. Conditions of class licences
119. Matters to which conditions may relate
120. Variation of class licences

PART 8A--RESTRICTIONS--ON SUBSCRIPTION TELEVISION BROADCASTING SERVICES IN REGIONAL AREAS ETC.

121A. Simplified outline
121B. Definitions
121C. Identical program items
121D. Continuity of program items
121E. ACMA permission is required to provide certain television services in regional areas

PART 8B--INTERNATIONAL--BROADCASTING LICENCES

Division 1--Introduction

121F. Simplified outline
121FAA. Definitions

Division 2--Allocation of international broadcasting licences

121FA. Application for international broadcasting licence
121FB. Corporate status and suitability
121FC. Unsuitable applicant
121FD. Australia's national interest
121FE. Allocation of licence

Division 3--Obligations of international broadcasting licensees

121FF. Conditions of international broadcasting licences

Division 4--Remedies

121FG. Prohibition on providing an international broadcasting service without a licence
121FH. Remedial directions--unlicensed international broadcasting services
121FHA. Breach of remedial direction--offence
121FHB. Breach of remedial direction--civil penalty provision
121FJ. Offence for breach of conditions of international broadcasting licence
121FJA. Civil penalty provision relating to breach of conditions of international broadcasting licences
121FJB. Remedial directions--licence conditions
121FJC. Breach of remedial direction--offence
121FJD. Breach of remedial direction--civil penalty provision
121FK. Cancellation of licence if service does not commence within 2 years
121FL. Formal warning, or cancellation or suspension of licence, where service is contrary to Australia's national interest

Division 4A--Nominated broadcaster declarations

121FLA. Object of this Division
121FLB. Applications for nominated broadcaster declarations
121FLC. Making a nominated broadcaster declaration
121FLD. Effect of nominated broadcaster declaration
121FLE. Conditions of nominated broadcaster declarations
121FLF. Offence for breach of conditions of nominated broadcaster declaration
121FLG. Revocation of nominated broadcaster declaration
121FLH. Cancellation of licence if declaration ceases to be in force and licensee is not an Australian company
121FLJ. Register of nominated broadcaster declarations

Division 5--ACMA to assist the Minister for Foreign Affairs

121FM. Report about compliance with international broadcasting guidelines
121FN. Records of broadcasts

Division 6--Miscellaneous

121FP. International broadcasting guidelines
121FQ. Surrender of international broadcasting licences
121FR. Complaints about international broadcasting services
121FS. Statements about decisions of the Minister for Foreign Affairs

PART 9--CONTENT--RULES, PROGRAM STANDARDS AND CODES OF PRACTICE

121G. Australian content--transmission quota
121H. Australian content: transmission quota for regional/remote commercial television broadcasting licensees
122. Program standards for children's programs and Australian content
123. Development of codes of practice
123B. Review by the ACMA--application of code of practice to section 38C licences
124. ACMA to maintain Register of codes of practice
125. ACMA may determine program standards where codes of practice fail or where no code of practice developed
125A. ACMA must determine a gambling promotion program standard if directed by the Minister
126. Consultation on standards
127. Notification of determination or variation or revocation of standards
128. Standards and codes to be amendable by the Parliament
129. Limitation of ACMA's power in relation to standards
130. Application of the Competition and Consumer Act

PART 9A--TECHNICAL--STANDARDS

130A. Technical standards for digital transmission--television etc.
130AA. Technical standards for digital transmission--radio etc.
130AB. Technical standards relating to the operation of multiplex transmitters
130AC. Technical standards for digital transmission of television services provided with the use of a satellite
130B. Technical standards for domestic digital reception equipment--television etc.
130BA. Technical standards for domestic digital reception equipment--radio etc.
130BB. Technical standards for domestic digital reception equipment--television services provided with the use of a satellite

PART 9B--INDUSTRY--CODES AND INDUSTRY STANDARDS

Division 1--Simplified outline

130C. Simplified outline

Division 2--Interpretation

130D. Industry codes
130E. Industry standards
130F. Industry activities
130G. Sections of the industry
130H. Participants in a section of the industry

Division 3--General principles relating to industry codes and industry standards

130J. Statement of regulatory policy
130K. Examples of matters that may be dealt with by industry codes and industry standards
130L. Industry codes and industry standards not to deal with certain matters

Division 4--Industry codes

130M. Registration of industry codes
130N. ACMA may request codes
130P. Publication of notice where no body or association represents a section of the industry
130Q. Replacement of industry codes

Division 5--Industry standards

130R. ACMA may determine an industry standard if a request for an industry code is not complied with
130S. ACMA may determine industry standard where no industry body or association formed
130T. ACMA may determine industry standards--total failure of industry codes
130U. ACMA may determine industry standards--partial failure of industry codes
130V. Compliance with industry standards
130W. Formal warnings--breach of industry standards
130X. Variation of industry standards
130Y. Revocation of industry standards

Division 6--Register of industry codes and industry standards

130ZA. ACMA to maintain Register of industry codes and industry standards

PART 9C--ACCESS--TO COMMERCIAL TELEVISION BROADCASTING SERVICES PROVIDED WITH THE USE OF A SATELLITE

130ZBA. Simplified outline
130ZB. Objectives of conditional access scheme--South Eastern Australia TV3 licence area and Northern Australia TV3 licence area
130ZBB. Objectives of conditional access scheme--Western Australia TV3 licence area
130ZC. Registration of conditional access scheme developed by representative body or association
130ZCAA.ACMA may invite representative body or association to develop a revised conditional access scheme
130ZCAB.ACMA may request development of replacement conditional access scheme
130ZCA. Registration of conditional access scheme formulated by the ACMA
130ZD. Replacement of conditional access scheme
130ZE. ACMA to maintain register of conditional access schemes
130ZF. ACMA may direct a scheme administrator to issue a reception certificate etc.
130ZFA. Adequate reception
130ZG. Applicable terrestrial digital commercial television broadcasting services
130ZH. Declared service - deficient areas

PART 9D--CAPTIONING

Division 1--Introduction

130ZJ. Simplified outline
130ZK. Definitions
130ZKA. Definition of channel provider
130ZKB. Definition of part - channel provider
130ZKC. Supply of channel or package
130ZL. Designated viewing hours
130ZM. This Part does not apply to foreign language programs
130ZN. This Part does not apply to programs that consist wholly of music
130ZO. Captioning service provided for part of program
130ZP. Multiple subscription television services provided by licensee
130ZQ. Television service provided in a period

Division 2--Captioning obligations of commercial television broadcasting licensees and national broadcasters

130ZR. Captioning obligations--basic rule
130ZS. Captioning obligations--special rules for multi - channelled services
130ZUA. Exemption orders and target reduction orders--unjustifiable hardship
130ZUAA.Effect of target reduction order
130ZUB. Certain breaches to be disregarded

Division 3--Captioning obligations of subscription television licensees

130ZV. Annual captioning targets--subscription television licensees
130ZVA. Categories for subscription television movie services
130ZW. Categories for subscription television general entertainment services
130ZX. Exemptions--certain subscription television services provided before 1 July 2022
130ZY. Exemption orders and target reduction orders--unjustifiable hardship
130ZYA. Effect of target reduction order
130ZZ. Captioning services for repeats of television programs
130ZZAA.Captioning services for simultaneously transmitted television programs
130ZZAB.Certain breaches to be disregarded

Division 4--Captioning standards

130ZZA. Captioning standards

Division 5--Emergency warnings

130ZZB. Emergency warnings

Division 6--Reports and record-keeping

130ZZC. Annual compliance reports
130ZZD. Record - keeping

Division 7--Review of this Part etc.

130ZZE. Review of this Part etc.

PART 9E--PROMINENCE--FRAMEWORK

Division 1--Introduction

130ZZF. Simplified outline of this Part
130ZZG. Objects
130ZZH. Definitions
130ZZI. Regulated television devices
130ZZJ. Regulated television services
130ZZK. Broadcasting video on demand service
130ZZL. Primary user interface
130ZZM. ACMA may make guidelines about regulated television devices

Division 2--Minimum prominence requirements

130ZZN. Regulated television devices must comply with minimum prominence requirements
130ZZO. Regulations may prescribe minimum prominence requirements
130ZZP. Remedial directions--contravention of minimum prominence requirements

Division 3--Information gathering

130ZZQ. ACMA may obtain information and documents
130ZZR. Copies of documents

Division 4--Miscellaneous

130ZZS. Service of notices by electronic means
130ZZT. Relationship with other laws
130ZZU. Concurrent operation of State and Territory laws

Division 5--Review of this Part etc.

130ZZV. Review of this Part
130ZZW. Minister may request report
130ZZX. Minister may direct ACMA about the exercise of its powers

PART 10--REMEDIES--FOR BREACHES OF LICENSING PROVISIONS

Division 1--Offences for providing unlicensed services

131. Prohibition on providing a commercial television broadcasting service without a licence
132. Prohibition on providing a subscription television broadcasting service without a licence
133. Prohibition on providing a commercial radio broadcasting service without a licence
134. Prohibition on providing a community television broadcasting service without a licence
135. Prohibition on providing a community radio broadcasting service without a licence
136. Continuing offences

Division 1A--Civil penalty provisions relating to unlicensed services

136A. Prohibition on providing a commercial television broadcasting service without a licence
136B. Prohibition on providing a subscription television broadcasting service without a licence
136C. Prohibition on providing a commercial radio broadcasting service without a licence
136D. Prohibition on providing a community television broadcasting service without a licence
136E. Prohibition on providing a community radio broadcasting service without a licence
136F. Continuing breaches

Division 2--Action by ACMA where a person provides a service without a licence

137. Remedial directions--unlicensed services
138. Breach of remedial direction--offences
138A. Breach of remedial direction--civil penalty provision

Division 3--Action in relation to breaches by licensees

139. Offence for breach of conditions of licences and class licences
140. Continuing offences
140A. Civil penalty provisions relating to breach of conditions of licences and class licences
141. Remedial directions--licence conditions, class licences and codes of practice
142. Breach of remedial direction--offences
142A. Breach of remedial direction--civil penalty provision
143. Suspension and cancellation

Division 4--Action in relation to class licences

144. Application to Federal Court

PART 10A--ANTI---HOARDING RULES

Division 1--Introduction

146A. Simplified outline
146B. Definitions
146C. Designated events and designated series of events
146CA. When event or series is eligible for delayed televising in the Central - Western time zones
146D. Program suppliers

Division 2--Commercial television broadcasting licensees

146E. Anti - hoarding rule--licensees
146F. Anti - hoarding rule--program suppliers
146G. What constitutes an offer to transfer rights to televise live events
146H. Offers to transfer rights to televise live events
146J. Contracts to acquire rights to televise live events must authorise the transfer of the rights
146K. Simultaneous events in a series
146KA. Delayed televising in the Central - Western time zones

Division 3--National broadcasters

146L. Anti - hoarding rule
146M. What constitutes an offer to transfer rights to televise live events
146N. Offers to transfer rights to televise live events
146P. Contracts to acquire rights to televise live events must authorise the transfer of the rights
146Q. Simultaneous events in a series
146R. Delayed televising in the Central - Western time zones

PART 11--COMPLAINTS--TO THE ACMA

Division 1--Complaints relating to action under licences and class licences

147. Complaints relating to offences or breach of licence conditions
148. Complaints under codes of practice
149. Investigation of complaints by the ACMA

Division 2--Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS

150. Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS
151. Investigation of complaints relating to the ABC or SBS by the ACMA
152. Action by ACMA where complaint justified
153. ACMA may report to Minister on results of recommendation

PART 13--INFORMATION--GATHERING BY THE ACMA

Division 1--Introduction

168. Obtaining of information by the ACMA
169. Decision - making by the ACMA not limited to matters discovered by investigation or hearing

Division 2--Investigations

170. Investigations by the ACMA
171. Minister may direct ACMA to conduct an investigation
172. ACMA may call for written submissions from the public
173. Notice requiring appearance for examination
174. Examination on oath or affirmation
175. Examination to take place in private
176. Record to be made of examination
177. Production of documents for inspection
178. Report on investigation
179. Publication of report
180. Person adversely affected by report to be given opportunity to comment

Division 3--Hearings

182. Power to hold hearings
183. Minister may direct ACMA to hold a hearing
184. Procedure for conduct of hearings
185. ACMA may direct holding of conference
186. Hearings to be informal, quick and economical
187. Hearings to be in public except in exceptional cases
188. Public notice of hearings
189. Confidential material not to be published
190. Directions as to private hearings
191. Constitution of ACMA for conduct of hearings
192. Presiding member
193. Reconstitution of hearing panel
194. Exercise of powers in relation to conduct of hearing
195. Summons to give evidence or produce documents
196. Written submissions may be made to hearing
197. Evidence and submissions to be taken into account by ACMA
198. Representation at hearings
199. Reports on hearings

Division 4--General

200. Protection of members and persons giving evidence
201. Protection of panel conducting hearing
202. Non - compliance with requirement to give evidence
203. Proceedings for defamation not to lie

PART 14--APPEALS--TO THE ADMINISTRATIVE REVIEW TRIBUNAL

204. Appeals to the Administrative Review Tribunal
205. Notification of decisions to include notification of reasons and appeal rights

PART 14AA--COLLECTION--AND RECOVERY OF INTERIM TAX

205AA. Simplified outline of this Part
205AB. Assessments
205AC. When interim tax becomes due and payable
205AD. Recovery of interim tax
205AE. Refund of overpayment of interim tax
205AF. Late payment penalty
205AG. Anti - avoidance

PART 14B--CIVIL--PENALTIES

Division 1--Ancillary contravention of civil penalty provision

205E. Ancillary contravention of civil penalty provision

Division 2--Civil penalty orders

205EA. Simplified outline
205F. Civil penalty orders
205G. Who may apply for a civil penalty order
205H. 2 or more proceedings may be heard together
205J. Time limit for application for an order
205K. Civil evidence and procedure rules for civil penalty orders
205L. Civil proceedings after criminal proceedings
205M. Criminal proceedings during civil proceedings
205N. Criminal proceedings after civil proceedings
205P. Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings
205PAA. Mistake of fact

PART 14C--INJUNCTIONS

205PA. Simplified outline
205Q. Injunctions
205R. Interim injunctions
205S. Discharge etc. of injunctions
205T. Certain limits on granting injunctions not to apply
205U. Other powers of the Federal Court unaffected

PART 14D--ENFORCEABLE--UNDERTAKINGS

205V. Simplified outline
205W. Acceptance of undertakings
205X. Enforcement of undertakings

PART 14E--INFRINGEMENT--NOTICES

205XAA. Simplified outline
205XA. Formal warning
205Y. When an infringement notice can be given
205Z. Matters to be included in an infringement notice
205ZA. Amount of penalty
205ZB. Withdrawal of an infringement notice
205ZC. What happens if the penalty is paid
205ZD. Effect of this Part on criminal proceedings
205ZE. Appointment of authorised infringement notice officer
205ZF. Regulations

PART 14F--GRANTS

205ZG. Simplified outline of this Part
205ZH. Grants
205ZJ. Terms and conditions for grants
205ZK. Advisory committee
205ZL. Annual report
205ZM. Short title of amending Act does not limit the powers conferred by this Part

PART 15--MISCELLANEOUS

206. Broadcasting or datacasting taken to be publication in permanent form
207. Amounts of fees
209. Prosecutions
210. Publication of opinions
211AA. Time when a television program is broadcast--certain terrestrial licence areas
211A. Time when a television program is broadcast--South Eastern Australia TV3 and Northern Australia TV3 licence areas
212. Special provisions for re - transmission of programs
212A. Self - help providers
212B. Declared self - help providers and excluded providers
213. Penalties for continuing offences
214. Procedure relating to continuing offences
215. Guidelines relating to ACMA's enforcement powers etc.
216. Ministerial consultative and advisory bodies
216A. Schedule 4 (digital television broadcasting)
216AA. Review of taxation arrangements etc.
216C. Schedule 6 (datacasting services)
216D. Schedule 7 (content services)
216E. Schedule 8 (online content services)
217. Regulations
218. Channel sharing
SCHEDULE 1 Control and ownership of company interests
SCHEDULE 2 Standard conditions
SCHEDULE 4 Digital television broadcasting
SCHEDULE 6 Datacasting services
SCHEDULE 7 Content services definitions
SCHEDULE 8 Online content services

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