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[Browse Databases] [Alphabetical Index] ['Br' Index] [Download Act] [Search Act] BROADCASTING SERVICES ACT 1992 !!!The following amendments (No. 71, 2006 and No. 120, 2006 and No. 128, 2006 and No. 129, 2006) have not been incorporated. - List of Sections
Section
Compilation Information Contents Long Title BROADCASTING SERVICES ACT 1992 1.
Short title [ see Note 1]
2.
Commencement [ see Note 1]
3.
Objects of this Act
4.
Regulatory policy
5.
Role of the ACMA
6.
Interpretation
7.
Interpretation—meaning of control
8.
Interpretation—shareholding interests, voting interests, dividend interests and winding-up interests
8A.
Captioning taken to be part of program
8B.
Remote Indigenous community
9.
Act to bind the Crown
10.
Extension of Act to the external Territories
10A.
Application of the Criminal Code
BROADCASTING SERVICES ACT 1992 11.
Categories of broadcasting services
11A.
Dual categorisation of international broadcasting services
12.
Method of regulating particular services
13.
National broadcasting services
14.
Commercial broadcasting services
15.
Community broadcasting services
16.
Subscription broadcasting services
17.
Subscription narrowcasting services
18.
Open narrowcasting services
18A.
International broadcasting services
19.
ACMA may determine additional criteria or clarify existing criteria
20.
Determinations and clarifications to be disallowable by the Parliament
21.
Requests to ACMA to decide which category a broadcasting service falls into
22.
Matters to be considered by ACMA
BROADCASTING SERVICES ACT 1992 23.
Planning criteria
24.
ACMA to determine priorities
25.
Preparation of frequency allotment plans
26.
Preparation of licence area plans
27.
Processes to be public
28.
Limitation on allocation of commercial television broadcasting licences
28A.
Section 28 does not apply to the allocation of a licence under section 38A or 38B
29.
Designation of licence areas
30.
ACMA may determine population figures
31.
Minister may reserve capacity for national broadcasters or community broadcasters
32.
Reservations to be disallowable by the Parliament
33.
Development of technical planning guidelines
34.
Alternative uses of broadcasting services bands
35.
Notification of decisions under this Part
BROADCASTING SERVICES ACT 1992 36.
ACMA to determine system for allocating licences
37.
When licences must not be allocated
38.
ACMA to advertise for applications for certain licences
38A.
Additional commercial television licences in single markets
38B.
Additional commercial television licences in 2-station markets
39.
Additional commercial radio licences in single markets
40.
Allocation of other licences
41.
When persons are regarded as suitable
42.
Conditions of commercial broadcasting licences
43.
ACMA may impose additional conditions
44.
Matters to which conditions may relate
45.
Duration of licences
46.
Applications for renewal
47.
ACMA to renew licences unless it is aware of special circumstances
48.
Transfer of commercial broadcasting licences
49.
Surrender of commercial broadcasting licences
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 50.
Interpretation—knowledge of company
51.
Means of dealing with overlapping licence areas
52.
Changes in licence area populations not to put persons in breach of this Part
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 53.
Limitation on control of commercial television broadcasting licences
54.
Limitation on control of commercial radio broadcasting licences
BROADCASTING SERVICES ACT 1992 54A.
Limitation on control of commercial television broadcasting licences and datacasting transmitter licences
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 55.
Limitation on numbers of directorships—television
56.
Limitation on numbers of directorships—radio
BROADCASTING SERVICES ACT 1992 56A.
Limitation on directorships—television and datacasting
BROADCASTING SERVICES ACT 1992 57.
Foreign person not to be in position to control commercial television broadcasting licence
58.
Limitation on foreign directorships—commercial television broadcasting licensees
BROADCASTING SERVICES ACT 1992 59.
Newspapers associated with commercial television or radio broadcasting licence areas
60.
Limitation on control of commercial television broadcasting licences, commercial radio broadcasting licences and associated newspapers
61.
Limitation on cross-media directorships
BROADCASTING SERVICES ACT 1992 62.
Requirement on licensees to notify control and directorships
63.
Requirement to notify changes in control
64.
Person who obtains control of a licence must notify the ACMA
65.
Person in control of commercial television licence must notify the ACMA of newspaper interests
BROADCASTING SERVICES ACT 1992 66.
Offence for breaches without approval
67.
Applications for prior approval of temporary breaches
68.
Extension of time for compliance with notice
69.
Breach of notice under section 67 to constitute an offence
BROADCASTING SERVICES ACT 1992 70.
Notices by the ACMA
71.
Extension of time for compliance with notice
72.
Breach of notice under section 70 to constitute an offence
BROADCASTING SERVICES ACT 1992 73.
Additional licence under section 38A not to result in breach of ownership limits
73A.
Additional licence allocated under section 38B not to result in breach of control rules
BROADCASTING SERVICES ACT 1992 74.
Requests to ACMA to give an opinion on whether a person is in a position to control a licence, a newspaper or a company
BROADCASTING SERVICES ACT 1992 75.
Register of matters under this Part
76.
Continuing offences
77.
Part has effect notwithstanding Trade Practices Act
78.
Part not to invalidate appointments
BROADCASTING SERVICES ACT 1992 79.
Interpretation
79A.
Application
80.
ACMA to advertise for applications for BSB community broadcasting licences
81.
When licences must not be allocated
82.
Other community broadcasting licences
83.
When persons are regarded as suitable
84.
Allocation of community broadcasting licences
85.
ACMA not required to allocate community broadcasting licence to any applicant
86.
Conditions of community broadcasting licences
87.
ACMA may impose additional conditions on community broadcasting licences
87A.
Additional conditions on CTV licences
88.
Matters to which conditions may relate
89.
Duration of community broadcasting licences
90.
Applications for renewal of community broadcasting licences
91.
ACMA may renew community broadcasting licences
92.
Surrender of community broadcasting licences
BROADCASTING SERVICES ACT 1992 92A.
Interpretation
92B.
Temporary community broadcasting licences
92C.
Applicants for temporary community broadcasting licences
92D.
When applicants and licensees are regarded as suitable
92E.
Criteria for deciding whether to allocate a licence
92F.
Licences to accord with alternative planning procedures
92G.
Licence area, timing conditions and licence period
92H.
Conditions of temporary community broadcasting licences
92J.
ACMA may vary conditions or periods, or impose new conditions
92K.
Duration of temporary community broadcasting licences
92L.
Surrender of temporary community broadcasting licences
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 94.
Transmission system standards
95.
When subscription television broadcasting licence must not be allocated
96.
Allocation of other subscription television broadcasting licences
96A.
Monitoring of cross-media ownership of licences allocated under section 96
97.
Requests to Trade Practices Commission
98.
Suitability for allocation of licence
98D.
Compensation
BROADCASTING SERVICES ACT 1992 99.
Conditions applicable to subscription television broadcasting licence
100.
Matters to which conditions may relate
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 103A.
Simplified outline
103B.
Definitions
103C.
Channel providers
103D.
Part-channel providers
103E.
Pass-through providers
103F.
Part-pass-through providers
103G.
Supply of channel or package
103H.
Pre-production expenditure not to be counted unless principal photography has commenced
103J.
Cash-based accounting—when expenditure is incurred
103K.
When expenditure incurred on a new eligible drama program
103L.
ACMA may make determinations about what constitutes program expenditure
103M.
Expenditure to be nominated only once in meeting licence conditions
BROADCASTING SERVICES ACT 1992 103N.
10% minimum eligible drama expenditure—channel provider supplies channel
103P.
Shortfall of eligible drama expenditure—channel provider supplies channel exclusively to licensee
103Q.
Shortfall of eligible drama expenditure—channel provider supplies channel to multiple licensees
BROADCASTING SERVICES ACT 1992 103R.
10% minimum eligible drama expenditure—pass-through provider supplies channel
103S.
Shortfall of eligible drama expenditure—pass-through provider supplies channel
BROADCASTING SERVICES ACT 1992 103T.
10% minimum eligible drama expenditure—licensee supplies all program material
BROADCASTING SERVICES ACT 1992 103U.
10% minimum eligible drama expenditure—part-channel provider supplies package of programs
103V.
Shortfall of eligible drama expenditure—part-channel provider supplies a package of programs exclusively to licensee
103W.
Shortfall of eligible drama expenditure—part-channel provider supplies a package of programs to multiple licensees
BROADCASTING SERVICES ACT 1992 103X.
10% minimum eligible drama expenditure—part-pass-through provider supplies package of programs
103Y.
Shortfall of eligible drama expenditure—part-pass-through provider supplies package of programs
BROADCASTING SERVICES ACT 1992 103Z.
10% minimum eligible drama expenditure—licensee supplies part of program material
BROADCASTING SERVICES ACT 1992 103ZA.
Licensee to lodge annual return
103ZB.
Channel provider and part-channel provider to lodge annual return
103ZC.
ACMA may inquire into the correctness of an annual return
103ZD.
Nominations to be attached to annual returns
BROADCASTING SERVICES ACT 1992 103ZE.
ACMA to issue compliance certificate
103ZF.
Compliance certificate to be prima facie evidence
BROADCASTING SERVICES ACT 1992 103ZG.
Anti-avoidance—transactions between persons not at arm's length
103ZH.
Expenditure to be expressed in Australian currency
103ZJ.
Review before 31 March 2003
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 104.
Application of Division
105.
Large circulation newspapers
BROADCASTING SERVICES ACT 1992 106.
Person in control of newspaper not to control, or hold company interests in, licence A
107.
Commercial television licensees not to control, or hold company interests in, licence A
108.
Telecommunications carriers not to control, or hold company interests in, licence A
109.
Foreign ownership limits for subscription television broadcasting licences
110.
Limits between satellite subscription television broadcasting licences
BROADCASTING SERVICES ACT 1992 111.
Offences for breaches
BROADCASTING SERVICES ACT 1992 112.
Notification provisions
BROADCASTING SERVICES ACT 1992 113.
Transfer of subscription television broadcasting licence
114.
Surrender of subscription television broadcasting licence
115.
Minister may protect the free availability of certain types of programs
116.
Certain arrangements not to result in control or in persons being associates
116A.
Use of additional capacity
116B.
Application of section 51 of the Trade Practices Act
116C.
Interpretation
BROADCASTING SERVICES ACT 1992 117.
Determination of class licences
118.
Conditions of class licences
119.
Matters to which conditions may relate
120.
Variation of class licences
121.
Class licences and variations to be disallowable by the Parliament
BROADCASTING SERVICES ACT 1992 121A.
Simplified outline
121B.
Definitions
121C.
Identical program items
121D.
Continuity of program items
121E.
ACMA permission is required to provide certain television services in regional areas
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 121F.
Simplified outline
121FAA.
Definitions
BROADCASTING SERVICES ACT 1992 121FA.
Application for international broadcasting licence
121FB.
Corporate status and suitability
121FC.
Unsuitable applicant
121FD.
Australia's national interest
121FE.
Allocation of licence
BROADCASTING SERVICES ACT 1992 121FF.
Conditions of international broadcasting licences
BROADCASTING SERVICES ACT 1992 121FG.
Prohibition on providing an international broadcasting service without a licence
121FH.
Notice for providing an international broadcasting service without a licence
121FJ.
Offence for breach of conditions of international broadcasting licence
121FK.
Cancellation of licence if service does not commence within 2 years
121FL.
Formal warning, or cancellation or suspension of licence, where service is contrary to Australia's national interest
BROADCASTING SERVICES ACT 1992 121FLA.
Object of this Division
121FLB.
Applications for nominated broadcaster declarations
121FLC.
Making a nominated broadcaster declaration
121FLD.
Effect of nominated broadcaster declaration
121FLE.
Conditions of nominated broadcaster declarations
121FLF.
Offence for breach of conditions of nominated broadcaster declaration
121FLG.
Revocation of nominated broadcaster declaration
121FLH.
Cancellation of licence if declaration ceases to be in force and licensee is not an Australian company
121FLJ.
Register of nominated broadcaster declarations
BROADCASTING SERVICES ACT 1992 121FM.
Report about compliance with international broadcasting guidelines
121FN.
Records of broadcasts
BROADCASTING SERVICES ACT 1992 121FP.
International broadcasting guidelines
121FQ.
Surrender of international broadcasting licences
121FR.
Complaints about international broadcasting services
121FS.
Statements about decisions of the Minister for Foreign Affairs
BROADCASTING SERVICES ACT 1992 122.
Program standards for children's programs and Australian content
123.
Development of codes of practice
123A.
Review by the ACMA
124.
ACMA to maintain Register of codes of practice
125.
ACMA may determine program standards where codes of practice fail or where no code of practice developed
126.
Consultation on standards
127.
Notification of determination or variation or revocation of standards
128.
Standards and codes to be amendable by the Parliament
129.
Limitation of ACMA's power in relation to standards
130.
Application of the Trade Practices Act
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 131.
Prohibition on providing a commercial television broadcasting service without a licence
132.
Prohibition on providing a subscription television broadcasting service without a licence
133.
Prohibition on providing a commercial radio broadcasting service without a licence
134.
Prohibition on providing a community television broadcasting service without a licence
135.
Prohibition on providing a community radio broadcasting service without a licence
136.
Continuing offences
BROADCASTING SERVICES ACT 1992 137.
Notices for providing broadcasting services without appropriate authority
138.
Breach of notice under section 137 to constitute an offence
BROADCASTING SERVICES ACT 1992 139.
Offence for breach of conditions of licences and class licences
140.
Continuing offences
141.
Notices to stop breaches of conditions of licences, class licences or of codes of practice
142.
Breach of notice under section 141 to constitute an offence
143.
Suspension and cancellation
BROADCASTING SERVICES ACT 1992 144.
Application to Federal Court
BROADCASTING SERVICES ACT 1992 145.
Continuing offences
146.
Limitation on prosecutions
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 146A.
Simplified outline
146B.
Definitions
146C.
Designated events and designated series of events
146CA.
When event or series is eligible for delayed televising in the Central-Western time zones
146D.
Program suppliers
BROADCASTING SERVICES ACT 1992 146E.
Anti-hoarding rule—licensees
146F.
Anti-hoarding rule—program suppliers
146G.
What constitutes an offer to transfer rights to televise live events
146H.
Offers to transfer rights to televise live events
146J.
Contracts to acquire rights to televise live events must authorise the transfer of the rights
146K.
Simultaneous events in a series
146KA.
Delayed televising in the Central-Western time zones
BROADCASTING SERVICES ACT 1992 146L.
Anti-hoarding rule
146M.
What constitutes an offer to transfer rights to televise live events
146N.
Offers to transfer rights to televise live events
146P.
Contracts to acquire rights to televise live events must authorise the transfer of the rights
146Q.
Simultaneous events in a series
146R.
Delayed televising in the Central-Western time zones
BROADCASTING SERVICES ACT 1992 146S.
Review of anti-hoarding provisions
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 147.
Complaints relating to offences or breach of licence conditions
148.
Complaints under codes of practice
149.
Investigation of complaints by the ACMA
BROADCASTING SERVICES ACT 1992 150.
Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS
151.
Investigation of complaints relating to the ABC or SBS by the ACMA
152.
Action by ACMA where complaint justified
153.
ACMA may report to Minister on results of recommendation
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 168.
Obtaining of information by the ACMA
169.
Decision-making by the ACMA not limited to matters discovered by investigation or hearing
BROADCASTING SERVICES ACT 1992 170.
Investigations by the ACMA
171.
Minister may direct ACMA to conduct an investigation
172.
ACMA may call for written submissions from the public
173.
Notice requiring appearance for examination
174.
Examination on oath or affirmation
175.
Examination to take place in private
176.
Record to be made of examination
177.
Production of documents for inspection
178.
Report on investigation
179.
Publication of report
180.
Person adversely affected by report to be given opportunity to comment
BROADCASTING SERVICES ACT 1992 182.
Power to hold hearings
183.
Minister may direct ACMA to hold a hearing
184.
Procedure for conduct of hearings
185.
ACMA may direct holding of conference
186.
Hearings to be informal, quick and economical
187.
Hearings to be in public except in exceptional cases
188.
Public notice of hearings
189.
Confidential material not to be published
190.
Directions as to private hearings
191.
Constitution of ACMA for conduct of hearings
192.
Presiding member
193.
Reconstitution of hearing panel
194.
Exercise of powers in relation to conduct of hearing
195.
Summons to give evidence or produce documents
196.
Written submissions may be made to hearing
197.
Evidence and submissions to be taken into account by ACMA
198.
Representation at hearings
199.
Reports on hearings
BROADCASTING SERVICES ACT 1992 200.
Protection of members and persons giving evidence
201.
Protection of panel conducting hearing
202.
Non-compliance with requirement to give evidence
203.
Proceedings for defamation not to lie
BROADCASTING SERVICES ACT 1992 204.
Appeals to the Administrative Appeals Tribunal
205.
Notification of decisions to include notification of reasons and appeal rights
BROADCASTING SERVICES ACT 1992 205A.
Definitions
205B.
Licensees to keep accounts
205C.
Payment of licence fees
205D.
Penalty for unpaid licence fees
BROADCASTING SERVICES ACT 1992 206.
Broadcasting or datacasting taken to be publication in permanent form
207.
Amounts of fees
209.
Prosecutions
210.
Publication of opinions
211.
Service of notices
212.
Special provisions for re-transmission of programs
212A.
Self-help providers
212B.
Declared self-help providers and excluded providers
213.
Penalties for continuing offences
214.
Procedure relating to continuing offences
216.
Ministerial consultative and advisory bodies
216A.
Schedule 4 (digital television broadcasting)
216B.
Schedule 5 (online services)
216C.
Schedule 6 (datacasting services)
217.
Regulations
218.
Channel sharing
BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 BROADCASTING SERVICES ACT 1992 Table A [Browse Databases] [Alphabetical Index] ['Br' Index] [Download Act] [Search Act] [Back to top]