8ACaptioning taken to be part of program

8A  Captioning taken to be part of program  (1) For the purposes of this Act, if a television program is captioned for the deaf and hearing impaired, the captioning is taken to be part of the program.  (2) Subsection (1) is enacted for the avoidance of doubt. 8AA  Designated community radio broadcasting licence  (1) For the purposes of this Act, a community radio broadcasting licence is a designated community radio broadcasting licence if:  (a) the community radio broadcasting licence was allocated under Part 6 (other than under subsection 82(1)); and  (b) the licence area of the community radio broadcasting licence is the same as the licence area of a commercial radio broadcasting licence; and  (c) the community radio broadcasting service or services provided under the community radio broadcasting licence satisfy such conditions (if any) as are set out in a legislative instrument made by the ACMA.  (2) The Minister may, by legislative instrument, give the ACMA a direction about the exercise of the power conferred by paragraph (1)(c).  (3) The ACMA must comply with a direction under subsection (2). 8AB  Digital program enhancement content taken to be a radio program Commercial radio broadcasting services  (1) For the purposes of this Act and any other law of the Commonwealth, if a commercial radio broadcasting licensee provides:  (a) a digital commercial radio broadcasting service; and Community radio broadcasting services  (2) For the purposes of this Act and any other law of the Commonwealth, if a designated community radio broadcasting licensee provides:  (a) a digital community radio broadcasting service; and National radio broadcasting services  (3) For the purposes of this Act and any other law of the Commonwealth, if a national broadcaster provides:  (a) a digital national radio broadcasting service; and 8AC  Digital radio start‑up day  (a) the ACMA has taken sufficient action under:  (i) Part 3 of this Act; and  (ii) Part 2.3 of the Radiocommunications Act 1992;   to facilitate the provision of the following services in a licence area:  (iii) digital commercial radio broadcasting services;  (iv) digital community radio broadcasting services;  (v) digital national radio broadcasting services; and  (b) one or more foundation digital radio multiplex transmitter licences have been issued for the licence area; and  (c) the multiplex capacity, or the combined multiplex capacities, of those licences are sufficient to fulfil the standard access entitlements that are likely to come into existence under subsection 118NQ(2) of the Radiocommunications Act 1992 in its application to the licence area; and  (d) an access undertaking under Division 4B of Part 3.3 of the Radiocommunications Act 1992 is in force for the licence or licences referred to in paragraph (b); the ACMA may, by writing, declare a specified day to be the digital radio start‑up day for the licence area.  (2) A day specified in a declaration under subsection (1) must not be earlier than the day on which the declaration is made.  (4) A copy of a declaration under subsection (1) must be made available on the ACMA’s website.  (5) A declaration under subsection (1) is not a legislative instrument. licence area means:  (a) the licence area of a commercial radio broadcasting licence; or  (b) the licence area of a community radio broadcasting licence, where that licence area is the same as the licence area of a commercial radio broadcasting licence. 8AD  Deemed radio broadcasting licence areas Western Suburbs Sydney RA1  (1) For the purposes of:  (a) section 8AC of this Act; and  (c) the application of:   to digital commercial radio broadcasting services; the licence area known as Western Suburbs Sydney RA1 is taken to be the same as the commercial radio broadcasting licence area in which is situated the General Post Office of Sydney. Hobart RA2 and Hobart RA4  (2) For the purposes of:  (a) sections 8AA and 8AC of this Act; and  (c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the Radiocommunications Act 1992; and  (d) the application of:   to digital community radio broadcasting services; the licence areas known as Hobart RA2 and Hobart RA4 are taken to be the same as the commercial radio broadcasting licence area in which is situated the General Post Office of Hobart. Other licence areas  (3) The ACMA may, by legislative instrument, determine that, for the purposes of:  (a) sections 8AA and 8AC of this Act; and  (c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the Radiocommunications Act 1992; and  (d) the application of:   to digital community radio broadcasting services; a specified licence area of a community radio broadcasting licence is taken to be the same as a specified licence area of a commercial radio broadcasting licence.  (4) The Minister may, by legislative instrument, give the ACMA a direction about the exercise of the power conferred by subsection (3).  (5) The ACMA must comply with a direction under subsection (4). 8AE  Local content exemption period—regional commercial radio broadcasting licensee  (1) For the purposes of this Act, a local content exemption period, for the licensee of a regional commercial radio broadcasting licence, is:  (a) if:  (i) the ACMA, by legislative instrument, specifies a period in relation to one or more specified regional commercial radio broadcasting licensees; and  (ii) the period does not exceed 5 weeks; and  (iii) the licensees specified in the instrument consist of or include the licensee;  (b) if:  (i) paragraph (a) does not apply; and  (ii) the ACMA, by legislative instrument, specifies 2 periods in relation to one or more specified regional commercial radio broadcasting licensees; and  (iii) the periods, in aggregate, do not exceed 5 weeks; and  (iv) the licensees specified in the instrument consist of or include the licensee;  (i) neither paragraph (a) nor (b) applies; and   (ii) the ACMA, by legislative instrument, specifies a period; and  (iii) the period does not exceed 5 weeks;  (d) if:  (i) none of paragraphs (a), (b) or (c) apply; and  (ii) the ACMA, by legislative instrument, specifies 2 periods; and  (iii) the periods, in aggregate, do not exceed 5 weeks;  (e) if:  (i) none of paragraphs (a), (b), (c) or (d) apply; and  (ii) the licensee, by written notice given to the ACMA, specifies a period; and  (iii) the period does not exceed 5 weeks;  (f) if:  (i) none of paragraphs (a), (b), (c), (d) or (e) apply; and  (ii) the licensee, by written notice given to the ACMA, specifies 2 periods; and  (iii) the periods, in aggregate, do not exceed 5 weeks;  (g) if none of paragraphs (a), (b), (c), (d), (e) or (f) apply—the 5‑week period beginning on the second Sunday in December each financial year.  (2) A period specified under subsection (1) may be:  (a) a period that occurs only once; or  (b) a recurring period. Notice given to the ACMA—requirements  (3) A notice under paragraph (1)(e) or (f) must be given to the ACMA at least 21 days before the earlier of:  (a) the start of the next local content exemption period that, disregarding the notice, would be applicable to the licensee giving the notice; and  (b) whichever of the following times is applicable:  (i) in the case of a notice under paragraph (1)(e)—the start of the period specified in the notice;  (ii) in the case of a notice under paragraph (1)(f)—the start of the earlier of the periods specified in the notice.  (4) A regional commercial radio broadcasting licensee may only give the ACMA one notice under subsection (1) each financial year.  (5) A notice given to the ACMA under subsection (1) cannot be varied.  (a) a regional commercial radio broadcasting licensee gives the ACMA a notice under subsection (1) (the earlier notice) in a financial year; and  (b) the licensee gives the ACMA another notice under subsection (1) (the later notice) in a later financial year; and  (c) the later notice is expressed to replace the earlier notice; the earlier notice is taken to cease to be in force when the later notice is given.  (7) If a notice given to the ACMA under subsection (1) (the original notice) by a regional commercial radio broadcasting licensee is in force, the licensee may, by written notice to the ACMA, revoke the original notice, so long as the notice of revocation is not given during a period specified in the original notice.  (8) If a regional commercial radio broadcasting licensee gives the ACMA a notice under subsection (1), the licensee must publish the notice on its website.  (a) a regional commercial radio broadcasting licensee gives the ACMA a revocation notice under subsection (7); and  (b) the revocation results in paragraph (1)(g) applying to the licensee; the licensee must publish the revocation notice on its website. 8AF  Regional racing service radio licence  (1) For the purposes of this Act, a regional racing service radio licence is a regional commercial radio broadcasting licence, where the following conditions are satisfied in relation to a broadcasting service provided under the licence:  (a) the broadcasting service is promoted, on the broadcasting service:  (i) as a broadcasting service of interest mainly to persons involved in horse racing, harness racing or greyhound racing; or  (ii) using the phrase “racing radio service”;  (b) the racing content percentage, in relation to the broadcasting service, is 60% or more for each day, other than Christmas Day and Good Friday;  (c) if, on a particular day, content other than racing content is broadcast on the broadcasting service—a significant proportion of that content is:  (i) relevant to horse racing, harness racing or greyhound racing; or  (ii) of interest mainly to persons involved in horse racing, harness racing or greyhound racing.  (2) For the purposes of this section, racing content percentage means the percentage worked out using the following formula:   (3) For the purposes of this section, racing content means content that consists of:  (a) coverage of a horse race, a harness race or a greyhound race; or  (b) information directly related to horse racing, harness racing or greyhound racing, including:  (i) selections; and  (ii) scratchings; and  (iii) betting information; and  (iv) track conditions; or  (c) other material that is broadcast during an hour, so long as that material:  (i) is broadcast between 2 races of a kind referred to in paragraph (a); and  (ii) is not broadcast for more than 15 minutes of the hour.