122Program standards for children’s programs and Australian content

122  Program standards for children’s programs and Australian content  (1) The ACMA must, by legislative instrument, determine standards that are to be observed by commercial television broadcasting licensees. Note: See also section 16 of the Australian Communications and Media Authority Act 2005 (consistency with CER Trade in Services Protocol).  (2) Standards under subsection (1) for commercial television broadcasting licensees are to relate to:  (a) programs for children; and  (b) the Australian content of programs.  (4) Standards must not be inconsistent with this Act or the regulations.  (6) The ACMA must ensure that, at all times after the commencement of this subsection, there is in force under subsection (1) a standard that is, or has the same effect as, the standard in section 5 of Television Program Standard 23—Australian Content in Advertising as in force on 4 August 2004. Note: Section 5 of Television Program Standard 23—Australian Content in Advertising deals with quotas for Australian television advertisements.  (7) 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).  (8) The ACMA must comply with a direction under subsection (7).  (9) The ACMA must not determine a standard under subsection (1) that has the effect of quantitatively extending the requirements imposed by subsection 121G(1) or (2).  (10) If:  (a) a standard under subsection (1) imposes a quantitative requirement in relation to a particular kind of program transmitted by a commercial television broadcasting licensee; and  (b) the requirement does not substantially correspond to subsection 121G(1) or (2); and  (c) a program of that kind is transmitted on a commercial television broadcasting service provided by the licensee; the transmission of the program counts for the purposes of meeting the requirement. Note: The following are examples of a kind of program: (a) an Australian drama program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005); (b) a C program (within the meaning of the Children’s Television Standards 2009); (c) a P program (within the meaning of the Children’s Television Standards 2009).  (11) If a commercial television broadcasting licence is or was allocated under subsection 40(1) on or after 1 January 2007, standards under subsection (1) of this section do not apply to the licensee during:  (a) the calendar year in which the licence is or was allocated; and  (b) any of the next 4 calendar years.  (12) For the purposes of this section, in determining whether a requirement substantially corresponds to subsection 121G(1) or (2), disregard any differences as to:  (a) percentage; or  (b) viewing hours.