Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZZJ

Meaning of regulated television service

  (1)   For the purposes of this Part, each of the following is a regulated television service :

  (a)   the following broadcasting services:

  (i)   national television broadcasting services provided by the Australian Broadcasting Corporation;

  (ii)   national television broadcasting services provided by the Special Broadcasting Service Corporation;

  (iii)   commercial television broadcasting services provided by a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section   38C or subsection   40(1));

  (iv)   community television broadcasting services provided by a community television broadcasting licensee;

  (b)   a broadcasting video on demand service provided by any of the following, using an application that is covered by subsection   (5) of this section:

  (i)   the Australian Broadcasting Corporation;

  (ii)   the Special Broadcasting Service Corporation;

  (iii)   a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section   38C or subsection   40(1));

  (iv)   a related body corporate of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section   38C or subsection   40(1));

  (c)   a specified service that the Minister determines, under subsection   (2) of this section, is a regulated television service;

but does not include a specified service that the Minister determines, under subsection   (3) of this section, is not a regulated television service.

Minister may determine specified services

  (2)   For the purposes of paragraph   (1)(c), the Minister may, by legislative instrument, determine that a specified service is a regulated television service .

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

  (3)   For the purposes subsection   (1), the Minister may, by legislative instrument, determine that a specified service is not a regulated television service .

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

ACMA may give advice

  (4)   The ACMA may provide advice to the Minister on any matter relevant to:

  (a)   the determination, by the Minister, that a specified service is a regulated television service; or

  (b)   the determination, by the Minister, that a specified service is not a regulated television service.

Broadcasting video on demand service applications

  (5)   For the purposes of paragraph   (1)(b), an application is covered by this subsection if:

  (a)   the application is designed for the purpose of providing access to a particular broadcasting video on demand service; and

  (b)   the application is provided by:

  (i)   an entity mentioned in subparagraph   (1)(b)(i), (ii), (iii) or (iv); or

  (ii)   an entity that provides a specified service that the Minister determines under subsection   (2) is a regulated television service.