Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZV

Annual captioning targets

  (1)   If a subscription television licensee provides a subscription television service in a financial year, the licensee must ensure that the percentage worked out using the following formula is not less than the annual captioning target for the service for the financial year:

where:

"total captioned hours" means the total number of hours of television programs transmitted on the service during the financial year for which a captioning service was provided.

"total program hours" means the total number of hours of television programs transmitted on the service during the financial year.

  (2)   For the purposes of this section, the annual captioning target for a subscription television service for a financial year is:

  (a)   for the financial year beginning on 1   July 2014--the applicable percentage set out in the following table; and

  (b)   for a later financial year--the lesser of:

  (i)   the annual captioning target for the service for the previous financial year plus an additional 5%; and

  (ii)   100%.

Note:   For example, the annual captioning target for the financial year beginning on 1   July 2015 for a category A subscription television movie service is 80% (75% plus an additional 5%).

Modified formula for subscription television sports services

  (3)   If, in relation to a financial year:

  (a)   a subscription television licensee provides a subscription television sports service; and

  (b)   the percentage worked out using the formula in subsection   (1) for the service is at least two - thirds of the annual captioning target;

the licensee is taken to have satisfied the requirement in subsection   (1) for the service for the financial year if the percentage worked out using the following formula is not less than the annual captioning target:

where:

"relevant sports services" means all subscription television sports services provided by the licensee that televise channels supplied by the same channel provider, other than:

  (a)   services to which subsection   130ZV(1) does not apply during the financial year because of subsection   130ZX(7); and

  (b)   services to which an exemption order or target reduction order under section   130ZY applies for the financial year.

"total captioned hours on relevant sports services" means the total number of hours of television programs transmitted on relevant sports services during the financial year for which a captioning service was provided.

"total program hours on relevant sports services" means the total number of hours of television programs transmitted on relevant sports services during the financial year.

Exclusion of time - shifting services and high definition services

  (5)   This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:

  (a)   transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or

  (b)   simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee.

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

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

Exclusion for new subscription television service

  (6)   This section does not apply to a subscription television service until the financial year beginning on the first 1   July that is at least 1 year after the service commenced, if the service predominantly consists of programs not transmitted in Australia before that commencement.