Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZR

Basic rule

  (1)   Each commercial television broadcasting licensee, and each national broadcaster, must provide a captioning service for:

  (a)   television programs transmitted during designated viewing hours; and

  (b)   television news or current affairs programs transmitted outside designated viewing hours.

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

Exceptions

  (4)   If:

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

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

  (c)   the licensee provides a primary commercial television broadcasting service in the licence area; and

  (d)   the licensee provides in the licence area another service that is:

  (i)   a SDTV multi - channelled commercial television broadcasting service; or

  (ii)   a HDTV multi - channelled commercial television broadcasting service;

subsection   (1) does not require the provision of a captioning service for a television program transmitted on:

  (e)   the SDTV multi - channelled commercial television broadcasting service mentioned in subparagraph   (d)(i) of this subsection; or

  (f)   the HDTV multi - channelled commercial television broadcasting service mentioned in subparagraph   (d)(ii) of this subsection;

unless the program has been previously transmitted on the primary commercial television broadcasting service.

  (5)   If:

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

  (b)   the licensee provides a primary commercial television broadcasting service in the licence area; and

  (c)   the licensee provides in the licence area:

  (i)   another SDTV multi - channelled commercial television broadcasting service; or

  (ii)   a HDTV multi - channelled commercial television broadcasting service;

subsection   (1) does not require the provision of a captioning service for a television program transmitted on:

  (d)   the other 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 primary commercial television broadcasting service.

  (6)   If:

  (a)   a national broadcaster provides a national television broadcasting service in a coverage area; and

  (b)   the service is not provided with the use of a satellite;

subsection   (1) does not require the provision of a captioning service for a television program transmitted on:

  (c)   a SDTV multi - channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite; or

  (d)   a HDTV multi - channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite;

unless the television program was previously transmitted by the national broadcaster on the primary national television broadcasting service provided by the national broadcaster.

  (7)   If:

  (a)   a national broadcaster provides a national television broadcasting service in a satellite delivery area; and

  (b)   the service is provided with the use of a satellite;

subsection   (1) does not require the provision of a captioning service for a television program transmitted on:

  (c)   a SDTV multi - channelled national television broadcasting service provided by the national broadcaster with the use of a satellite; or

  (d)   a HDTV multi - channelled national television broadcasting service provided by the national broadcaster with the use of a satellite;

unless the television program has been previously transmitted by the national broadcaster on the broadcaster's primary satellite national television broadcasting service.

  (8)   Subsection   (1) does not require the provision of a captioning service:

  (a)   by the licensee of a commercial television broadcasting licence that was allocated under subsection   40(1); and

  (b)   during:

  (i)   the first year of operation of the licence; or

  (ii)   if the ACMA, by written notice given to the licensee, allows a longer period--that longer period.

Note 1:   For exemption orders, see section   130ZUA.

Note 2:   For target reduction orders, see section   130ZUA.