Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 121H

Deemed compliance

  (1)   If:

  (a)   apart from this section, a regional/remote commercial television broadcasting licensee did not comply with subsection   121G(2) for a calendar year; and

  (b)   the regional/remote commercial television broadcasting licensee gives the ACMA a written notice that:

  (i)   states that the regional/remote commercial television broadcasting licensee wants to rely on this section for the calendar year; and

  (ii)   specifies a particular metropolitan commercial television broadcasting licensee; and

  (iii)   is in a form approved in writing by the ACMA; and

  (c)   the notice is given within:

    (i)   30 days after the end of the calendar year; or

  (ii)   such longer period as the ACMA allows; and

  (d)   the total number of hours of Australian programs that were transmitted by the regional/remote commercial television broadcasting licensee:

  (i)   during targeted viewing hours in the calendar year; and

  (ii)   on such of its secondary commercial television broadcasting services as were equivalent to secondary commercial television broadcasting services of the metropolitan commercial television broadcasting licensee (the equivalent metropolitan secondary commercial television broadcasting services );

    was not less than the total number of hours of Australian programs transmitted by the metropolitan commercial television broadcasting licensee:

  (iii)   during targeted viewing hours in the calendar year; and

  (iv)   on the equivalent metropolitan secondary commercial television broadcasting services;

the regional/remote commercial television broadcasting licensee is taken to have complied with subsection   121G(2) for the calendar year.

Publication of copy of notice

  (2)   If a notice is given under paragraph   (1)(b), the ACMA must publish a copy of the notice on the ACMA's website.

Application of subsection   121G(3)

  (3)   Subsection   121G(3) applies to paragraph   (1)(d) in a corresponding way to the way in which it applies to subsection   121G(2).

Equivalent services

  (4)   For the purposes of this section, if the program content of a secondary commercial television broadcasting service provided by a regional/remote commercial television broadcasting licensee is the same, or substantially the same, as the program content of a secondary commercial television broadcasting service provided by a metropolitan commercial broadcasting licensee, then those services are equivalent to each other.

Definitions

  (5)   In this section:

"Australian program" has the same meaning as in section   121G.

"metropolitan commercial television broadcasting licensee" means a commercial television broadcasting licensee whose licence area is 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.

"regional/remote commercial television broadcasting licensee" means a commercial television broadcasting licensee whose licence area is a regional/remote licence area.

"regional/remote licence area" means any of the following licence areas:

  (a)   Northern New South Wales TV1;

  (b)   Southern New South Wales TV1;

  (c)   Regional Victoria TV1;

  (d)   Eastern Victoria TV1;

  (e)   Western Victoria TV1;

  (f)   Regional Queensland TV1;

  (g)   Tasmania TV1;

  (h)   Broken Hill TV1;

  (i)   Darwin TV1;

  (j)   Geraldton TV1;

  (k)   Griffith and MIA TV1;

  (l)   Kalgoorlie TV1;

  (m)   Mildura/Sunraysia TV1;

  (n)   Mount Gambier/South East TV1;

  (o)   Mt Isa TV1;

  (p)   Riverland TV1;

  (q)   South West and Great Southern TV1;

  (r)   Spencer Gulf TV1;

  (s)   Remote and Regional WA TV1;

  (t)   Remote Central and Eastern Australia TV1;

  (u)   Western Zone TV1;

  (v)   South Eastern Australia TV3;

  (w)   Northern Australia TV3;

  (x)   Western Australia TV3;

  (y)   Remote and Central Eastern Australia TV2.

"secondary commercial television broadcasting service" , of a commercial television broadcasting licensee, means a commercial television broadcasting service provided by the licensee that is not the licensee's primary commercial television broadcasting service.

"targeted viewing hours" has the same meaning as in section   121G.