121GAustralian content—transmission quota

121G  Australian content—transmission quota Programs transmitted on primary commercial television broadcasting service  (1) A commercial television broadcasting licensee must ensure that, for:  (a) the calendar year that began on 1 January 2013; and  (b) each later calendar year; the percentage worked out using the following formula is not less than 55%:  total hours of Australian programs transmitted during the year means the total number of hours of Australian programs that were transmitted:  (b) on the primary commercial television broadcasting service provided by the licensee. total hours of programs transmitted during the year means the total number of hours of television programs transmitted:  (b) on the primary commercial television broadcasting service provided by the licensee. Programs transmitted otherwise than on primary commercial television broadcasting service  (2) A commercial television broadcasting licensee must ensure that, for each calendar year beginning on or after 1 January 2015, the total number of hours of Australian programs that were transmitted by the licensee:  (b) otherwise than on the primary commercial television broadcasting service provided by the licensee; is not less than 1,460. Note: See also section 121H (which deals with compliance by regional/remote commercial television broadcasting licensees).  (3) For the purposes of the application of subsection (2) to a commercial television broadcasting licensee, if a first release Australian drama program was transmitted by the licensee:  (a) during targeted viewing hours in a calendar year; and  (b) otherwise than on the primary commercial television broadcasting service provided by the licensee; assume that the duration of the program was twice as long as the actual duration of the program. Targeted viewing hours  (4) For the purposes of this section, targeted viewing hours are the hours:  (5) For the purposes of this section, if:  (a) a television program consists of coverage of a sporting event; and  (b) the program:  (i) begins before midnight on a particular day (the first day); and  (ii) ends on the next day; the part of the program transmitted between midnight on the first day and 2 am on the next day is taken to have been transmitted during targeted viewing hours on the first day. Australian programs  (6) For the purposes of this section, Australian program means:  (a) if an instrument is in force under subsection (7)—an Australian program as defined by that instrument; or  (b) otherwise:  (i) an Australian program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013); or  (ii) an Australian official co‑production (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013); or  (iii) a New Zealand program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013); or  (iv) an Australian/New Zealand program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013).  (7) The ACMA may, by legislative instrument, define the meaning of the expression Australian program for the purposes of this section. Note: See also section 16 of the Australian Communications and Media Authority Act 2005 (consistency with CER Trade in Services Protocol). First release Australian drama program  (8) For the purposes of this section, first release means:  (a) if an instrument is in force under subsection (9)—first release as defined by that instrument; or  (b) otherwise—first release (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013).  (9) The ACMA may, by legislative instrument, define the meaning of the expression first release for the purposes of this section. Note: See also section 16 of the Australian Communications and Media Authority Act 2005 (consistency with CER Trade in Services Protocol).  (10) For the purposes of this section, Australian drama program means:  (a) if an instrument is in force under subsection (12)—an Australian drama program as defined by that instrument; or  (b) otherwise:  (i) an Australian drama program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013); or  (ii) an Australian official co‑production (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013) that is a drama program; or  (iii) a New Zealand program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013) that is a drama program; or  (iv) an Australian/New Zealand program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013) that is a drama program.  (11) For the purposes of subparagraphs (10)(b)(ii), (iii) and (iv), drama program means a program that would be an Australian drama program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005 as in force on 1 January 2013) if the expression “Australian” were omitted from paragraphs (a) and (c) of the definition of Australian drama program in that standard as in force on 1 January 2013.  (12) The ACMA may, by legislative instrument, define the meaning of the expression Australian drama program for the purposes of this section. Note: See also section 16 of the Australian Communications and Media Authority Act 2005 (consistency with CER Trade in Services Protocol). Licence allocated under subsection 40(1) on or after 1 January 2007  (13) If a commercial television broadcasting licence is or was allocated under subsection 40(1) on or after 1 January 2007, subsections (1) and (2) of this section do not apply to the licensee for:  (a) the calendar year in which the licence is or was allocated; and  (b) any of the next 4 calendar years.  (14) The Minister may, by legislative instrument, give directions to the ACMA in relation to the exercise of its powers under this section. Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).  (15) The ACMA must comply with a direction under subsection (14).