BROADCASTING SERVICES ACT 1992 - SCHEDULE 2 Standard conditions

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BROADCASTING SERVICES ACT 1992 - SCHEDULE 2

Standard conditions

Part 1 -- Interpretation

1 Definitions

(1) In this Schedule:

"disclosure entity" has the meaning given by:

(a) section 321B of the Commonwealth Electoral Act 1918 ; or

(b) paragraph (e) of the definition of disclosure entity in section 110A of the Referendum (Machinery Provisions) Act 1984 .

"election" means an election to a Parliament or a local government authority of a State or Territory.

"election advertisement" , in relation to an election, means:

(a) an advertisement:

(i) that contains election matter that relates to that election; and

(ii) in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration; or

(b) an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a person or persons and indicating that the person is a candidate, or one or more of the persons is or are candidates, at the election; or

(c) an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a particular political party where a candidate at the election belongs to that party.

"election matter" , in relation to an election, means matter of any of the following kinds:

(a) matter commenting on, or soliciting votes for, a candidate at the election;

(b) matter commenting on, or advocating support of, a political party to which a candidate at the election belongs;

(c) matter commenting on, stating or indicating any of the matters being submitted to the electors at the election or any part of the policy of a candidate at the election or of the political party to which a candidate at the election belongs;

(d) matter referring to a meeting held or to be held in connection with the election.

"election period" means:

(a) in relation to an election to the Legislative Council of Tasmania, or an ordinary election to the Legislative Assembly for the Australian Capital Territory--the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and

(b) in relation to any other election to a Parliament--the period that starts on:

(i) the day on which the proposed polling day for the election is publicly announced; or

(ii) the day on which the writs for the election are issued;

whichever happens first, and ends at the close of the poll on the polling day for the election; and

(c) in relation to an election to a local government authority--the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and

(d) in relation to a referendum whose voting day is the same as the polling day for an election to the Parliament of the Commonwealth--the election period in relation to that election; and

(e) in relation to any other referendum--the period that starts 33 days before the voting day for the referendum and ends at the close of voting on that day.

"person" includes a political party, a corporation and any other association (whether incorporated or unincorporated).

"political matter" means any political matter, including the policy launch of a political party.

"radiocommunications device" has the same meaning as in the Radiocommunications Act 1992 .

"referendum" means the submission to the electors of a proposed law for the alteration of the Constitution, whether or not the proposal to make the submission has been announced.

"referendum advertisement" , in relation to a referendum, means an advertisement:

(a) that contains referendum matter (within the meaning of the Referendum (Machinery Provisions) Act 1984 ) that relates to that referendum; and

(b) in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration.

"registered political party" means a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 .

"relevant period" :

(a) in relation to an election--means the period that commences at the end of the Wednesday before the polling day for the election and ends at the close of the poll on that polling day; and

(b) in relation to a referendum--means the period that commences at the end of the Wednesday before the voting day for the referendum and ends at the close of voting on that voting day.

"relevant town or city" of an entity that authorised the broadcast of political matter means:

(a) if the entity has a principal office--the town or city in which the office is located; or

(b) if the entity does not have a principal office, but does have premises--the town or city in which the premises are located; or

(c) otherwise--the town or city in which the natural person who was responsible for giving effect to the authorisation lives.

"required particulars" has the meaning given by subclause (2).

"required period" , in relation to the keeping of a record in relation to political matter, means:

(a) subject to paragraph (b), the period of 6 weeks commencing on the day on which the matter was broadcast; or

(b) if the matter relates to an election or referendum and was broadcast during the election period in relation to the election or referendum--the period commencing on the day on which the matter was broadcast and ending:

(i) at the end of the period referred to in paragraph (a); or

(ii) if that period ends before the end of the election period in relation to the election or referendum--the day on which that election period ends;

or such longer period as the ACMA, before the end of that period, directs by notice in writing to the broadcaster concerned.

Meaning of required particulars

(2) The required particulars are:

(a) the particulars set out in the following table; and

(b) any other particulars determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this paragraph.

Required particulars
Item	If ...	the required particulars are the following ...
1	the broadcast is authorised by a disclosure entity that is not a natural person	(a) the particulars of the name of the entity required by subclause (3); (b) the relevant town or city of the entity; (c) the name of the natural person responsible for giving effect to the authorisation
2	the broadcast is authorised by a disclosure entity who is a natural person	(a) the name of the person; (b) the town or city in which the person lives
3	the broadcast is authorised by an entity that is not a disclosure entity or a natural person	(a) the name of the entity; (b) the relevant town or city of the entity
4	the broadcast is authorised by a natural person who is not a disclosure entity	(a) the name of the person; (b) the town or city in which the person lives

(3) For the purposes of item 1 of the table in subclause (2), the required particulars of the name of the entity are:

(a) if the entity is a registered political party--the name of the party (the registered name ) that is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 or that name omitting any of the following:

(i) if the registered name includes both a word or phrase and its abbreviation--the abbreviation;

(ii) if the registered name includes "Incorporated" or an abbreviation of that word--that word or its abbreviation;

(iii) if the registered name includes "of Australia"--those words;

(iv) if the registered name ends with "Australia"--that word;

(v) if the entity is a registered branch or division of a registered political party--the words indicating the name of the branch or division; or

(b) if the entity is a disclosure entity (but not a registered political party)--the name of the entity entered on the Transparency Register under the Commonwealth Electoral Act 1918 ; or

(c) if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX of the Commonwealth Electoral Act 1918 in relation to the entity--the name included in the most recent return given in relation to the entity; or

(d) in any other case--the name of the entity.

Note: For example, under paragraph (a) the registered name "Quokka Party of Australia Inc.--NSW" may be notified as "Quokka Party".

(4) If an abbreviation (the registered abbreviation ) of the name of an entity is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 and the entity is:

(a) a registered political party that has a registered branch or division; or

(b) a registered branch or division of a registered political party;

then, for the purposes of item 1 of the table in subclause (2), the required particulars of the name of the entity in paragraph (3)(a) are taken to be either:

(d) the registered abbreviation.

2 Interpretation--certain things do not amount to broadcasting of advertisements

(1) For the purposes of this Schedule (other than paragraphs 7(1)(a), 8(1)(a), 9(1)(a), 10(1)(a) and 11(1)(a)), a person is not taken to broadcast an advertisement if:

(a) the person broadcasts matter of an advertising character as an accidental or incidental accompaniment to the broadcasting of other matter; and

(b) the person does not receive payment or other valuable consideration for broadcasting the advertising matter.

(2) For the purposes of this Schedule (other than paragraph 9(1)(a)), the broadcasting by a community broadcasting licensee of:

(a) community information material or community promotional material; or

(b) a sponsorship announcement that acknowledges financial support by a person of the licensee or of a program broadcast on a service provided under the licence, whether or not the announcement:

(i) specifies the name and address of, and a description of the general nature of any business or undertaking carried on by the person; or

(ii) promotes activities, events, products, services or programs of the person; or

(c) material that announces or promotes a service provided under the licence, including material (whether by way of the announcement or promotion of activities, events, products, services or otherwise) that is likely to induce public support, whether financially or otherwise, or to make use of, the service or services provided under the licence;

is not taken to be the broadcasting of an advertisement.

Part 2 -- Special conditions

3 Broadcasting of political or controversial material

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

(2) If, during an election period, a broadcaster broadcasts election matter, the broadcaster must give reasonable opportunities for the broadcasting of election matter to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period.

(3) This clause does not require a broadcaster to broadcast any matter free of charge.

3A Broadcasting of election advertisements

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

(2) If:

(a) a broadcaster has a licence that has a licence area; and

(b) an election to a Parliament is to be held; and

the broadcaster must not broadcast under the licence an election advertisement in relation to the election during the relevant period.

(3) If:

(a) a broadcaster has a licence that does not have a licence area; and

(b) an election to a Parliament is to be held; and

(c) a broadcasting service under the licence is normally received in the area of Australia to which the election relates;

the broadcaster must not broadcast an election advertisement in relation to the election during the relevant period as part of that service.

(4) If:

(a) a broadcaster provides a broadcasting service under a class licence; and

(b) an election to a Parliament is to be held; and

the broadcaster must not broadcast an election advertisement in relation to the election during the relevant period as part of the service.

3B Broadcasting of referendum advertisements

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

(2) A broadcaster must not broadcast a referendum advertisement in relation to a referendum during the relevant period for the referendum.

4 Identification of certain political matter

Meaning of broadcaster

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

Announcing required particulars

(2) If a broadcaster broadcasts political matter at the request of another person, the broadcaster must ensure that the required particulars in relation to the matter are announced in accordance with any requirements determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this subclause.

Note: A broadcaster is taken to have ensured that required particulars are announced in certain circumstances (see subclause (5)).

Keeping records

(3) A broadcaster must, in relation to political matter broadcast at the request of another person, keep a record of the name, address and occupation of the person or, if the person is a company, the name and the address of the principal office of the person for the required period and must give to the ACMA any particulars of the record that the ACMA, by written notice, requires.

Meaning of authorises

(4) For the purposes of this clause, a person authorises the broadcasting of political matter only if the person is responsible for approval of the content of the political matter and the decision to present it for broadcasting.

Particulars taken to be announced

(5) A broadcaster that broadcasts political matter is taken to have ensured that required particulars are announced if:

(a) particulars were announced in relation to the matter for the purposes of this Act; and

(b) those particulars purported to be particulars referred to in item 3 or 4 of the table in subclause 1(2); and

(c) as a result of steps taken by the broadcaster, it was reasonable for the broadcaster to rely on the particulars that were provided for the purposes of this Act.

Note: An example of steps that may be taken by the broadcaster include:

(a) notifying a person wanting to broadcast political matter that the name of the person required to be announced as having authorised the broadcast depends on whether the person is a disclosure entity; and

(b) seeking a verification from that person that the person is or is not a disclosure entity.

5 Records of matter broadcast

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(b) a commercial radio broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

(2) If a broadcaster broadcasts matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the broadcaster must cause a record of the matter to be made in a form approved in writing by the ACMA.

(3) Subject to this clause, a broadcaster must retain in his or her custody a record so made for a period of:

(a) 6 weeks from the date on which the matter was broadcast; or

(b) if a complaint has been made about the matter--for 60 days from the date on which the matter was broadcast;

or for such longer period as the ACMA, in special circumstances, directs in writing.

(4) If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subclause (3), the person may give to the broadcaster a notice in writing informing the broadcaster that the record may be required for the purposes of the proceedings.

(5) If such a notice is given to a broadcaster in respect of a record, the broadcaster must, subject to this clause, retain the record until the proceedings or the proposed proceedings to which the notice relates have been finally determined.

(6) If the proceedings are not instituted within a period of 3 months after the notice is given to the broadcaster, subclause (5) ceases to apply to the record at the end of that period.

(7) The obligation imposed by this clause on a broadcaster to retain a record does not apply at any time when the record is in the custody of a court in connection with proceedings instituted in the court.

(8) If the ACMA is of the opinion that a matter of which a record has been made under this clause is of sufficient historic interest to justify its being permanently preserved, the ACMA may direct in writing a person who has custody of the record to deliver it for safe keeping to a person or authority specified by the ACMA, and the person to whom the direction is given must comply with the direction but is entitled to fair compensation.

(9) A broadcaster must, without charge, make available to the ACMA, upon request, any specified record made by the broadcaster under subclause (2) that has been retained by the broadcaster (whether or not the broadcaster is, at the time of the request, under an obligation to retain the record).

Part 3 -- Commercial television broadcasting licences

Division 1 -- General

7 Conditions of commercial television broadcasting licences

(1) Each commercial television broadcasting licence is subject to the following conditions:

(a) the licensee will not, in contravention of the Public Health (Tobacco and Other Products) Act 2023 , broadcast a tobacco advertisement or an e - cigarette advertisement within the meaning of that Act;

(aa) the licensee will comply with section 121G (which deals with Australian content);

(b) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;

(ba) the licensee will comply with subsection 130V(1) (which deals with industry standards);

(c) except in the case of a licence allocated under section 38C or subsection 40(1)--the articles of association of the licensee will at all times contain provisions under which:

(i) a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of this Act; and

(ii) the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of this Act continuing or of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in subparagraph (iii) or (iv); and

(iii) a person who becomes the holder of shares in the licensee is required to provide to the company a statutory declaration stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares and stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of another licence, and giving particulars of any such position; and

(iv) a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to his or her eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of this Act;

(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;

(e) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee's broadcasting facilities, allow those persons access to and control over those facilities;

(f) if the licence is a broadcasting services bands licence--the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises operation by the licensee of the radiocommunications devices used to provide broadcasting services;

(h) the licensee will not use broadcasting services in the commission of an offence against another Act or a law of a State or Territory;

(ha) the licensee will not contravene the anti - hoarding rule (within the meaning of section 146E);

(i) the licensee will commence to provide at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;

(j) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;

(o) if a provision of Part 9D (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee--the licensee will comply with that provision;

(oa) the licensee will comply with any standards under section 130A (which deals with technical standards for digital transmission);

(p) if the licensee holds a transmitter licence under section 101B, 101C, 102 or 102A of the Radiocommunications Act 1992 that authorises the operation of a transmitter--the licensee will not operate, or permit the operation of, that transmitter to transmit in digital mode:

(i) a commercial broadcasting service that provides radio programs; or

(ii) a subscription radio broadcasting service; or

(iii) a subscription television broadcasting service; or

(iv) a subscription radio narrowcasting service; or

(v) a subscription television narrowcasting service; or

(vi) an open narrowcasting radio service; or

(vii) an open narrowcasting television service;

(q) the licensee will comply with a requirement that is applicable to the licensee under section 61BB (which deals with the disclosure of cross - media relationships);

(r) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial television broadcasting service under the licence;

(s) if a television licence area plan applies to the licence area--the licensee will comply with subsection 26AA(1).

(2) Each commercial television broadcasting licence is also subject to the following conditions:

(a) except in a case where the licence was allocated under section 38C or subsection 40(1)--the licensee will provide a service or services that, when considered together with other broadcasting services available in the licence area of the licence (including another service or services operated by the licensee), contributes to the provision of an adequate and comprehensive range of broadcasting services in that licence area;

(b) the licensee will remain a suitable licensee;

(ba) if a requirement under Division 5D of Part 5 (which sets out local programming requirements) applies to the licensee--the licensee will comply with that requirement;

(c) except in a case where the licence was allocated under section 38C or subsection 40(1)--the licensee will broadcast matter of a religious nature during such periods as the ACMA determines and, if the ACMA so directs, will do so without charge;

(2A) Each commercial television broadcasting licence is also subject to the condition that the licensee will not provide commercial television broadcasting services under the licence outside the licence area of the licence unless:

(a) the provision of those services outside that licence area occurs accidentally; or

(b) the provision of those services outside that licence area occurs as a necessary result of the provision of commercial television broadcasting services within the licence area; or

(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

(ii) the ACMA has given permission in writing; or

(d) all of the following subparagraphs apply:

(i) the first - mentioned licensee satisfies the ACMA that there is a person (the eligible person ) who is in a commercial television broadcasting licence area (the second licence area ) that is not the same as the first - mentioned licence area and who is not receiving adequate reception of a commercial television broadcasting service or services provided by a commercial television broadcasting licensee for the second licence area;

(ii) the provision of the first - mentioned services outside the first - mentioned licence area occurs only to the extent necessary to provide adequate reception of the first - mentioned services to the eligible person;

(iii) the ACMA has given permission in writing.

Division 2 -- Licences allocated under section 38C

7A Common conditions

(1) A licence allocated under section 38C is subject to the following conditions:

(a) the licensee may only provide commercial television broadcasting services in digital mode (within the meaning of Schedule 4);

(b) the licensee may only provide commercial television broadcasting services with the use of a satellite;

(c) if a conditional access scheme for the licence area is registered under Part 9C--the licensee will ensure that any conditional access system that relates to any of the commercial television broadcasting services provided under the licence complies with the scheme;

(d) the licensee will comply with any standards under section 130AC (which deals with technical standards for digital transmission).

(2) Paragraphs 7(1)(i) and (oa) of this Schedule do not apply to a licence allocated under section 38C.

7B Conditions about the provision of primary commercial television broadcasting services

Conditions about the provision of primary services

(1) A licence allocated under section 38C is subject to the condition that, if there are at least 3 commercial television broadcasting services (the related terrestrial primary services ), where each of the services:

(a) is provided by a terrestrial licensee in a related terrestrial licence area; and

(b) is a primary commercial television broadcasting service; and

the section 38C licensee will provide at least 3 commercial television broadcasting services, where:

(d) the program content of each of the services is the same, or substantially the same, as the program content of a related terrestrial primary service; and

(e) each of the services is distinct from each of the other services.

(2) A licence allocated under section 38C is subject to the condition that, if there are only 2 commercial television broadcasting services (the related terrestrial primary services ), where each of the services:

(a) is provided by a terrestrial licensee in a related terrestrial licence area; and

(b) is a primary commercial television broadcasting service; and

the section 38C licensee will provide:

(d) 2 commercial television broadcasting services, where:

(i) the program content of each of the services is the same, or substantially the same, as the program content of a related terrestrial primary service; and

(ii) the services are distinct from one another; and

(e) one commercial television broadcasting service, where:

(i) the program content of the service is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and

(ii) the service is distinct from each of the services required to be provided by paragraph (d).

(3) A licence allocated under section 38C is subject to the condition that, if:

(a) neither subclause (1) nor subclause (2) applies; and

(b) there is a commercial television broadcasting service (the related terrestrial primary service ), where:

(i) the service is provided by a terrestrial licensee in a related terrestrial licence area; and

(ii) the service is a primary commercial television broadcasting service;

the section 38C licensee will provide:

(c) one commercial television broadcasting service that has program content that is the same, or substantially the same, as the program content of the related terrestrial primary service; and

(d) 2 commercial television broadcasting services, where:

(i) the program content of each of the services is the same, or substantially the same, as the program content of a primary commercial television broadcasting service provided by a terrestrial licensee in a metropolitan licence area; and

(ii) the services are distinct from each other and from the service required to be provided by paragraph (c).

Exemption--cessation of related terrestrial primary service

(5) If:

(a) in compliance with subclause (1), the licensee of a licence allocated under section 38C provides a commercial television broadcasting service that has the same, or substantially the same, program content as a primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and

(b) the primary commercial television broadcasting service ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and

subclause (2) has effect in relation to the section 38C licensee, while the cessation continues, as if paragraph (2)(e) had not been enacted.

(6) If:

(a) in compliance with subclause (2), the licensee of a licence allocated under section 38C provides a commercial television broadcasting service that has the same, or substantially the same, program content as a primary commercial television broadcasting service provided by a terrestrial licensee in a related terrestrial licence area; and

(b) the primary commercial television broadcasting service ceases to be provided by the terrestrial licensee in the related terrestrial licence area; and

then, while the cessation continues:

(d) subclause (3) has effect in relation to the section 38C licensee as if paragraph (3)(d) had not been enacted; and

(e) the section 38C licence is subject to the condition that the section 38C licensee will provide one commercial television broadcasting service, where:

(ii) the service is distinct from the service required to be provided by paragraph (3)(c).

Distinct services

(7) For the purposes of this clause, a commercial television broadcasting service is distinct from another commercial television broadcasting service if, and only if, the program content of the services is not the same or substantially the same.

Note: For metropolitan licence area , related terrestrial licence area and terrestrial licence , see clause 7L.

7C Conditions about the provision of non - primary commercial television broadcasting services

HDTV multi - channelled commercial television broadcasting services

(1) A licence allocated under section 38C is subject to the condition that, if:

(a) the licensee of a terrestrial licence for a metropolitan licence area provides a HDTV multi - channelled commercial television broadcasting service (the metropolitan service ) in the metropolitan licence area; and

(aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and

(b) the licensee of a terrestrial licence for a related terrestrial licence area provides a HDTV multi - channelled commercial television broadcasting service (the related terrestrial service ) in the related terrestrial licence area; and

(c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;

the section 38C licensee will provide a HDTV multi - channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service.

(2) A licence allocated under section 38C is subject to the condition that, if:

(aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and

(b) there is no HDTV multi - channelled commercial television broadcasting service that:

(i) is provided by the licensee of a terrestrial licence for a related terrestrial licence area; and

(ii) has the same, or substantially the same, program content as the metropolitan service;

the section 38C licensee will provide a HDTV multi - channelled commercial television broadcasting service that has the same, or substantially the same, program content as the metropolitan service.

(4) Subclause (2) does not apply to a HDTV multi - channelled commercial television broadcasting service that a commercial television broadcasting licensee for a metropolitan licence area commences to provide after 10 December 2013.

(5) If:

(a) the licensee of a commercial television broadcasting licence for a metropolitan licence area provides a HDTV multi - channelled commercial television broadcasting service (the metropolitan service ) in the metropolitan licence area; and

(aa) the metropolitan service is not the primary commercial television broadcasting service provided by the licensee mentioned in paragraph (a); and

(c) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service; and

(d) in compliance with subclause (1), the licensee of a licence allocated under section 38C provides a HDTV multi - channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service; and

(e) the related terrestrial service ceases to be provided by the terrestrial licensee in the related terrestrial licence area;

subclause (2) does not apply to the section 38C licensee in relation to the metropolitan service while the cessation continues.

SDTV multi - channelled commercial television broadcasting services

(6) A licence allocated under section 38C is subject to the condition that, if:

(a) the licensee (the metropolitan licensee ) of a commercial television broadcasting licence for a metropolitan licence area provides a SDTV multi - channelled commercial television broadcasting service (the metropolitan service ) in the metropolitan licence area; and

(b) the metropolitan service is not the primary commercial television broadcasting service provided by the metropolitan licensee; and

(c) the licensee of a terrestrial licence for a related terrestrial licence area provides a SDTV multi - channelled commercial television broadcasting service (the related terrestrial service ) in the related terrestrial licence area; and

(d) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service;

the section 38C licensee will provide a SDTV multi - channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service.

(7) A licence allocated under section 38C is subject to the condition that, if:

(b) the metropolitan service is not the primary commercial television broadcasting service provided by the metropolitan licensee; and

(i) is provided by the licensee of a terrestrial licence for a related terrestrial licence area; and

(ii) has the same, or substantially the same, program content as the metropolitan service;

the section 38C licensee will provide a SDTV multi - channelled commercial television broadcasting service that has the same, or substantially the same, program content as the metropolitan service.

(9) Subclause (7) does not apply to a SDTV multi - channelled commercial television broadcasting service that a commercial television broadcasting licensee for a metropolitan licence area commences to provide after 10 December 2013.

(10) If:

(b) the metropolitan service is not the primary commercial television broadcasting service provided by the metropolitan licensee; and

(d) the related terrestrial service has the same, or substantially the same, program content as the metropolitan service; and

(e) in compliance with subclause (6), the licensee of a licence allocated under section 38C provides a SDTV multi - channelled commercial television broadcasting service that has the same, or substantially the same, program content as the related terrestrial service; and

(f) the related terrestrial service ceases to be provided by the terrestrial licensee in the related terrestrial licence area;

subclause (7) does not apply to the section 38C licensee in relation to the metropolitan service while the cessation continues.

Note: For metropolitan licence area , related terrestrial licence area and terrestrial licence , see clause 7L.

7D Condition about the provision of local news services

(1) A licence allocated under section 38C is subject to the condition that, if a program is provided, or required to be provided, to the licensee by another licensee under subsection 43AA(1), the section 38C licensee will broadcast the program on a service authorised by paragraph 41CA(1)(c), (f), (fb), (fd) or (g) as soon as practicable after the other licensee begins to broadcast the program.

(2) Subclause (1) does not apply if the section 38C licensee has previously broadcast the program on such a service.

(3) Subclause (1) does not apply to a program the broadcasting of which in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:

(a) committing an offence; or

(b) becoming liable to a civil penalty; or

(d) being in contempt of court.

7E Exemption--provision of new commercial television broadcasting services not technically feasible

If:

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

(b) a commercial television broadcasting licensee (the terrestrial licensee ) for a terrestrial licence area commences to provide, or proposes to commence to provide:

(i) a HDTV multi - channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or

(ii) a SDTV multi - channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and

(i) if subparagraph (b)(i) applies--a HDTV multi - channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or

(ii) if subparagraph (b)(ii) applies--a SDTV multi - channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; and

(d) the ACMA considers that it is not technically feasible for the licensee of the section 38C licence to provide the required service;

the ACMA may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service.

Note: For terrestrial licence area , see clause 7L.

7F Exemption--commercial television broadcasting services with the same program content

(1) If:

(a) a commercial television broadcasting licensee (the terrestrial licensee ) for a terrestrial licence area provides, or proposes to commence to provide:

(i) a HDTV multi - channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or

(ii) a SDTV multi - channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and

(b) the program content of the service provided, or to be provided, by the terrestrial licensee is, or will be:

(i) the same; or

(ii) substantially the same;

as the program content of another commercial television broadcasting service provided, or to be provided, by the terrestrial licensee; and

(i) if subparagraph (a)(i) applies--a HDTV multi - channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or

(ii) if subparagraph (a)(ii) applies--a SDTV multi - channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee;

the Minister may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service during a period specified in the determination.

(2) The specified period must not be longer than 2 years.

(3) The Minister may, by legislative instrument, extend or further extend the specified period.

(4) Before making:

(a) a determination under subclause (1); or

(b) an instrument under subclause (3);

the Minister must consult:

(d) the ACMA.

Note: For terrestrial licence area , see clause 7L.

7G Delay in commencement of new commercial television broadcasting services

For the purposes of this Division, if:

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

(b) a commercial television broadcasting licensee (the terrestrial licensee ) for a terrestrial licence area commences to provide:

(i) a HDTV multi - channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or

(ii) a SDTV multi - channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and

(d) there is a delay in the provision of the required service;

disregard the delay so long as the delay is as short as is practicable.

Note: For terrestrial licence area , see clause 7L.

7J Program content

(1) In determining, for the purposes of this Division, whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television broadcasting service:

(a) ignore the following:

(i) advertising or sponsorship material (whether or not of a commercial kind);

(ii) a promotion for a television program or a television broadcasting service;

(iii) community information material or community promotional material;

(iv) a weather bulletin;

(v) any other similar material; and

(b) ignore a news program; and

(i) committing an offence; or

(ii) becoming liable to a civil penalty; or

(iii) breaching an order or direction of a court; or

(iv) being in contempt of court; and

(d) ignore a program broadcast in circumstances specified in the regulations.

(2) In determining, for the purposes of clause 7B of this Schedule, whether the program content of a commercial television broadcasting service is the same, or substantially the same, as the program content of another commercial television broadcasting service, assume that a program that provides coverage of an anti - siphoning event is the same as a program that provides coverage of another anti - siphoning event.

7L Definitions

In this Division:

"HDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.

"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

(d) Western Australia; or

(e) South Australia;

but does not include the licence area of a commercial television broadcasting licence allocated under section 38C.

"related terrestrial licence area" :

(a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area--means a terrestrial licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or

(b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area--means a terrestrial licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or

(c) in relation to a licence allocated under section 38C for the Western Australia TV3 licence area--means a terrestrial licence area mentioned in column 3 of item 3 of the table in subsection 38C(1).

"SDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.

"terrestrial licence" means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section 38C or subsection 40(1).

"terrestrial licence area" means the licence area of a terrestrial licence.

Part 4 -- Commercial radio broadcasting licences

8 Standard conditions of commercial radio broadcasting licences

(1) Each commercial radio broadcasting licence is subject to the following conditions:

(b) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;

(ba) if the licensee provides a digital commercial radio broadcasting service under the licence--the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);

(bb) the licensee will comply with subsection 130V(1) (which deals with industry standards);

(i) provisions under which a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of this Act; and

(ii) provisions under which the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of this Act continuing or of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in subparagraph (iii) or (iv); and

(iii) provisions under which a person who becomes the holder of shares in the licensee is required to provide to the company a statutory declaration stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares and stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of another licence, and giving particulars of any such position; and

(iv) provisions under which a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to his or her eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of this Act;

(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;

(f) if:

(i) the licence is a broadcasting services bands licence; and

(ii) the licence authorises the licensee to provide an analog commercial radio broadcasting service;

the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises the operation by the licensee of the radiocommunications devices used to provide that service;

(g) the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;

(h) the licensee will commence to provide at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;

(i) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;

(j) the licensee will comply with a requirement that is applicable to the licensee under section 61BD or 61BE (which deal with the disclosure of cross - media relationships);

(k) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial radio broadcasting service under the licence unless the service is a digital commercial radio broadcasting service.

(2) Each commercial radio broadcasting licence is also subject to the following conditions:

(a) the licensee will provide a service or services that, when considered together with other broadcasting services available in the licence area of the licence (including another service or services operated by the licensee), contributes to the provision of an adequate and comprehensive range of broadcasting services in that licence area;

(b) the licensee will remain a suitable licensee;

(c) if a requirement under Division 5C of Part 5 (which sets out local news and information requirements) applies to the licensee--the licensee will comply with that requirement.

(3) Each commercial radio broadcasting licence is also subject to the condition that the licensee will not provide commercial radio broadcasting services under the licence outside the licence area of the licence unless:

(a) the provision of those services outside that licence area occurs accidentally; or

(b) the provision of those services outside that licence area occurs as a necessary result of the provision of commercial radio broadcasting services within the licence area; or

(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

(ii) the ACMA has given permission in writing; or

(d) all of the following subparagraphs apply:

(i) the first - mentioned licensee satisfies the ACMA that there is a person (the eligible person ) who is in a commercial radio broadcasting licence area (the second licence area ) that is not the same as the first - mentioned licence area and who is not receiving adequate reception of a commercial radio broadcasting service or services provided by a commercial radio broadcasting licensee for the second licence area;

(iii) the ACMA has given permission in writing.

Part 5 -- Community broadcasting licences

9 Conditions applicable to services provided under community broadcasting licences

(1) Each community broadcasting licence is subject to the following conditions:

(b) the licensee will not broadcast advertisements, and the licensee will not broadcast sponsorship announcements otherwise than as mentioned in this clause;

(ca) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

(caa) if the licensee provides a digital community radio broadcasting service under the licence--the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);

(cb) the licensee will comply with subsection 130V(1) (which deals with industry standards);

(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;

(f) the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;

(h) the licensee will commence the provision of at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;

(i) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;

(j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a community broadcasting service under the licence unless the service is a digital community radio broadcasting service;

(k) if a television licence area plan applies to the licence area--the licensee will comply with subsection 26AA(3).

(2) Each community broadcasting licence is also subject to the following conditions:

(a) the licensee will remain a suitable licensee;

(b) the licensee will continue to represent the community interest that it represented at the time when the licence was allocated or was last renewed;

(i) the operations of the licensee in providing the service or services; and

(ii) the selection and provision of programs under the licence;

(d) the licensee will provide the service or services for community purposes;

(e) the licensee will not operate the service or services for profit or as part of a profit - making enterprise.

(2AA) Paragraph (2)(e) does not prevent a designated community radio broadcasting licensee from holding shares in a digital community radio broadcasting representative company (within the meaning of the Radiocommunications Act 1992 ).

(2A) Each community broadcasting licence is also subject to the condition that the licensee will not provide community broadcasting services under the licence outside the licence area of the licence unless:

(a) the provision of those services outside that licence area occurs accidentally; or

(b) the provision of those services outside that licence area occurs as a necessary result of the provision of community broadcasting services within the licence area; or

(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

(ii) the ACMA has given permission in writing; or

(d) all of the following subparagraphs apply:

(i) the first - mentioned licensee satisfies the ACMA that there is a person (the eligible person ) who is in a community broadcasting licence area (the second licence area ) that is not the same as the first - mentioned licence area and who is not receiving adequate reception of a community broadcasting service or services provided by a community broadcasting licensee for the second licence area;

(iii) the ACMA has given permission in writing.

(2B) Each community broadcasting licence that has been transferred is also subject to the condition that the transferee must, within 7 days after the transfer, notify the ACMA of the transfer. A notification must be in accordance with a form approved in writing by the ACMA.

(3) A community broadcasting licensee may broadcast sponsorship announcements on a particular community broadcasting service. However, they must not run in total for more than:

(a) if the licensee is a community television broadcasting licensee--7 minutes in any hour of broadcasting on that service; or

(b) in any other case--5 minutes in any hour of broadcasting on that service.

(4) A community television broadcasting licensee may broadcast sponsorship announcements only during periods before programs commence, after programs end or during natural program breaks.

(5) In working out the length of time devoted to the broadcasting of sponsorship announcements, account is not to be taken of the broadcasting by a community broadcasting licensee of any of the following:

(a) material that publicises programs to be broadcast by the licensee;

(b) material that promotes the licensee's products, services or activities for the broadcast of which the licensee does not receive any consideration in cash or in kind;

(c) community information or community promotional material for the broadcast of which the licensee does not receive any consideration in cash or in kind;

(d) sponsorship announcements consisting of moving text that is overlaid on a test pattern.

(6) Paragraph (1)(b) applies to a community broadcasting service targeted, to a significant extent, to one or more remote Indigenous communities as if the words "for which the licensee receives any consideration in cash or in kind" were inserted after "advertisements".

Part 6 -- Subscription television broadcasting licences

10 Conditions applicable to subscription television broadcasting licences

(1) Each subscription television broadcasting licence is subject to the following conditions:

(b) the licensee will comply with program standards applicable under Part 9 of this Act;

(ba) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

(bb) the licensee will comply with subsection 130V(1) (which deals with industry standards);

(d) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee's broadcasting facilities, allow those persons access to and control over those facilities;

(e) the licensee will not acquire the right to televise, on a subscription television broadcasting service, an event that is specified in a notice under subsection 115(1) unless:

(i) a national broadcaster has the right to televise the event on any of its broadcasting services; or

(ii) the television broadcasting services of commercial television broadcasting licensees (other than licensees who hold licences allocated under section 38C or subsection 40(1)) who have the right to televise the event cover a total of more than 50% of the Australian population;

(ea) the licensee will comply with subsection 121E(2) (section 121E is about requiring the ACMA's permission to provide certain television services in regional areas);

(eb) if a provision of Part 9D (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee--the licensee will comply with that provision;

(f) the licensee will not broadcast a program that has been classified RC or X 18+ under the Classification (Publications, Films and Computer Games) Act 1995 ;

(g) the licensee will ensure that access to programs classified as "R 18+" under the Classification (Publications, Films and Computer Games) Act 1995 is restricted by disabling devices acceptable to the ACMA but will not broadcast such an "R 18+" classified program until the ACMA has completed extensive, Australia - wide qualitative and quantitative research on community standards of taste and decency in relation to classifications for pay television and on what levels of violence and depiction of sex should be allowed, and the ACMA has recommended, and the Parliament has, by resolution of each House, approved, the broadcast of such programs;

(h) the licensee will not use its subscription broadcasting service in the commission of an offence against another Act or a law of a State or Territory;

(i) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;

(j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a subscription television broadcasting service under the licence.

(1A) For the purposes of subparagraph (1)(e)(ii), the percentage of the Australian population covered by the television broadcasting service or services of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)) is the percentage most recently specified by the ACMA under paragraph 30(5)(a) for the licence area of the licensee's licence.

(1B) For the purposes of subparagraph (1)(e)(ii), if a program supplier for a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)) has a right to televise an event, the licensee is taken also to have the right. For this purpose, program supplier means a person who:

(a) has an agreement to supply the licensee with program material that can be televised on a commercial television broadcasting service provided by the licensee (whether or not the program material includes matter showing the event); and

(b) supplies the licensee with a substantial proportion of all the program material that is televised on a commercial television broadcasting service provided by the licensee (whether or not the material is supplied under the agreement mentioned in paragraph (a)).

(2) Each subscription television broadcasting licence is also subject to the following conditions:

(a) the licensee will remain a suitable licensee;

(b) subscription fees will continue to be the predominant source of revenue for the service.

Part 7 -- Services provided under class licences

11 Conditions applicable to broadcasting services provided under class licences

(1) The following conditions apply to the provision by a person of a broadcasting service under a class licence:

(ab) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service--the person will comply with subsection 121E(2) (section 121E is about requiring the ACMA's permission to provide certain television services in regional areas);

(b) the person will comply with program standards applicable to the licence under Part 9 of this Act;

(ba) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service--the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

(baa) in the case of a person who provides:

(i) a subscription radio broadcasting service; or

(ii) a subscription radio narrowcasting service; or

(iii) an open narrowcasting radio service;

transmitted using a digital modulation technique--the licensee will comply with standards under section 130AA (which deals with technical standards for digital transmission);

(bb) the licensee will comply with standards under subsection 130V(1) (which deals with industry standards);

(bc) if a provision of Part 9D (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee--the licensee will comply with that provision;

(c) the person will not use the broadcasting service in the commission of an offence against another Act or a law of a State or Territory;

(d) the person will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;

(e) the person will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide broadcasting services under the licence.

(2) The provision by a person of a subscription broadcasting service or a subscription narrowcasting service under a class licence is also subject to the condition that subscription fees will continue to be the predominant source of revenue for the service.

(4) The provision by a person of a subscription television narrowcasting service under a class licence is also subject to the condition that the licensee will not broadcast a program that has been classified RC or X 18+ under the Classification (Publications, Films and Computer Games) Act 1995 .

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