Section full-source-retrieval-0002 - Broadcasting Services Act 1992 - Document excerpt 2 | ZoeCTHIn ForceAct
Broadcasting Services Act 1992
full-source-retrieval-0002Document excerpt 2
103Q Shortfall of eligible drama expenditure—channel provider supplies channel to multiple licensees
Subdivision C—Pass‑through provider supplies channel
103R 10% minimum eligible drama expenditure—pass‑through provider supplies channel
103RA Carry‑forward eligible drama expenditure
103S Shortfall of eligible drama expenditure—pass‑through provider supplies channel
Subdivision D—Licensee supplies all program material
103T 10% minimum eligible drama expenditure—licensee supplies all program material
103TA Carry‑forward eligible drama expenditure
Subdivision E—Part‑channel provider supplies package of programs
103U 10% minimum eligible drama expenditure—part‑channel provider supplies package of programs
103UA Carry‑forward eligible drama expenditure
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
Subdivision F—Part‑pass‑through provider supplies package of programs
103X 10% minimum eligible drama expenditure—part‑pass‑through provider supplies package of programs
103XA Carry‑forward eligible drama expenditure
103Y Shortfall of eligible drama expenditure—part‑pass‑through provider supplies package of programs
Subdivision G—Licensee supplies part of program material
103Z 10% minimum eligible drama expenditure—licensee supplies part of program material
103ZAA Carry‑forward eligible drama expenditure
Subdivision H—Annual returns
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
Subdivision J—Miscellaneous
103ZG Anti‑avoidance—transactions between persons not at arm’s length
103ZH Expenditure to be expressed in Australian currency
Division 6—Miscellaneous
113 Transfer of subscription television broadcasting licence
114 Surrender of subscription television broadcasting licence
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 Competition and Consumer Act
Part 8—Subscription broadcasting and narrowcasting class licences
117 Determination of class licences
118 Conditions of class licences
119 Matters to which conditions may relate
120 Variation of class licences
Part 8A—Restrictions on subscription television broadcasting services in regional areas etc.
121C Identical program items
121D Continuity of program items
121E ACMA permission is required to provide certain television services in regional areas
Part 8B—International broadcasting licences
Division 2—Allocation of international broadcasting licences
121FA Application for international broadcasting licence
121FB Corporate status and suitability
121FC Unsuitable applicant
121FD Australia’s national interest
121FE Allocation of licence
Division 3—Obligations of international broadcasting licensees
121FF Conditions of international broadcasting licences
121FG Prohibition on providing an international broadcasting service without a licence
121FH Remedial directions—unlicensed international broadcasting services
121FHA Breach of remedial direction—offence
121FHB Breach of remedial direction—civil penalty provision
121FJ Offence for breach of conditions of international broadcasting licence
121FJA Civil penalty provision relating to breach of conditions of international broadcasting licences
121FJB Remedial directions—licence conditions
121FJC Breach of remedial direction—offence
121FJD Breach of remedial direction—civil penalty provision
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
Division 4A—Nominated broadcaster declarations
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
Division 5—ACMA to assist the Minister for Foreign Affairs
121FM Report about compliance with international broadcasting guidelines
121FN Records of broadcasts
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
Part 8C—Australian content requirements for subscription video on demand services
121FT Simplified outline of this Part
121FV Meaning of eligible program
121FW Meaning of eligible Australian program
121FX Meaning of SVOD service
121FY Meaning of major SVOD service
121FZ Meaning of excluded service
121FZA Meaning of regulated SVOD service
121FZB When an online content service ceases to be a regulated SVOD service
121FZC Meaning of provider of an online content service
121FZD Class exemptions from this Part
121FZE Cash‑based accounting—when expenditure is incurred
121FZF ACMA may make determinations about expenditure and revenue
121FZG ACMA may make determinations about classes of expenditure and revenue
121FZH Extraterritorial application
Division 2—Australian content expenditure requirement
Subdivision A—Acquittal of expenditure requirements
121FZI Acquittal of expenditure requirements
121FZJ Civil penalty for failure to acquit expenditure requirement
Subdivision B—Working out expenditure amounts and requirements
121FZK Meaning of qualifying expenditure amount
121FZL Meaning of Australian content expenditure requirement
121FZM Election of revenue method
121FZN Meaning of total program expenditure for Australia
Division 3—Reporting and information
Subdivision A—Reporting by providers of regulated SVOD services
121FZP Civil penalty for failure to give annual report
Subdivision B—Notification by providers of certain SVOD services
121FZQ Requirement to notify the ACMA of certain SVOD services
121FZR Further notifications if circumstances change etc.
121FZS Penalty for failing to notify the ACMA
Subdivision C—Information‑gathering
121FZT The ACMA may obtain information and documents
121FZU Copies of documents
121FZV Expenditure and revenue to be expressed in Australian currency
121FZW Anti‑avoidance—transactions between persons not at arm’s length
121FZX The ACMA may make determinations about online content services etc.
121FZY Review of this Part
121FZZ Minister may request report
Part 9—Content rules, program standards and codes of practice
121G Australian content—transmission quota
121H Australian content: transmission quota for regional/remote commercial television broadcasting licensees
122 Program standards for children’s programs and Australian content
123 Development of codes of practice
123B Review by the ACMA—application of code of practice to section 38C licences
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
125A ACMA must determine a gambling promotion program standard if directed by the Minister
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 Competition and Consumer Act
Part 9A—Technical standards
130A Technical standards for digital transmission—television etc.
130AA Technical standards for digital transmission—radio etc.
130AB Technical standards relating to the operation of multiplex transmitters
130AC Technical standards for digital transmission of television services provided with the use of a satellite
130B Technical standards for domestic digital reception equipment—television etc.
130BA Technical standards for domestic digital reception equipment—radio etc.
130BB Technical standards for domestic digital reception equipment—television services provided with the use of a satellite
Part 9B—Industry codes and industry standards
Division 1—Simplified outline
Division 2—Interpretation
130G Sections of the industry
130H Participants in a section of the industry
Division 3—General principles relating to industry codes and industry standards
130J Statement of regulatory policy
130K Examples of matters that may be dealt with by industry codes and industry standards
130L Industry codes and industry standards not to deal with certain matters
Division 4—Industry codes
130M Registration of industry codes
130N ACMA may request codes
130P Publication of notice where no body or association represents a section of the industry
130Q Replacement of industry codes
Division 5—Industry standards
130R ACMA may determine an industry standard if a request for an industry code is not complied with
130S ACMA may determine industry standard where no industry body or association formed
130T ACMA may determine industry standards—total failure of industry codes
130U ACMA may determine industry standards—partial failure of industry codes
130V Compliance with industry standards
130W Formal warnings—breach of industry standards
130X Variation of industry standards
130Y Revocation of industry standards
Division 6—Register of industry codes and industry standards
130ZA ACMA to maintain Register of industry codes and industry standards
Part 9C—Access to commercial television broadcasting services provided with the use of a satellite
130ZBA Simplified outline
130ZB Objectives of conditional access scheme—South Eastern Australia TV3 licence area and Northern Australia TV3 licence area
130ZBB Objectives of conditional access scheme—Western Australia TV3 licence area
130ZC Registration of conditional access scheme developed by representative body or association
130ZCAA ACMA may invite representative body or association to develop a revised conditional access scheme
130ZCAB ACMA may request development of replacement conditional access scheme
130ZCA Registration of conditional access scheme formulated by the ACMA
130ZD Replacement of conditional access scheme
130ZE ACMA to maintain register of conditional access schemes
130ZF ACMA may direct a scheme administrator to issue a reception certificate etc.
130ZFA Adequate reception
130ZG Applicable terrestrial digital commercial television broadcasting services
130ZH Declared service‑deficient areas
130ZKA Definition of channel provider
130ZKB Definition of part‑channel provider
130ZKC Supply of channel or package
130ZL Designated viewing hours
130ZM This Part does not apply to foreign language programs
130ZN This Part does not apply to programs that consist wholly of music
130ZO Captioning service provided for part of program
130ZP Multiple subscription television services provided by licensee
130ZQ Television service provided in a period
Division 2—Captioning obligations of commercial television broadcasting licensees and national broadcasters
130ZR Captioning obligations—basic rule
130ZS Captioning obligations—special rules for multi‑channelled services
130ZUA Exemption orders and target reduction orders—unjustifiable hardship
130ZUAA Effect of target reduction order
130ZUB Certain breaches to be disregarded
Division 3—Captioning obligations of subscription television licensees
130ZV Annual captioning targets—subscription television licensees
130ZVA Categories for subscription television movie services
130ZW Categories for subscription television general entertainment services
130ZX Exemptions—certain subscription television services provided before 1 July 2022
130ZY Exemption orders and target reduction orders—unjustifiable hardship
130ZYA Effect of target reduction order
130ZZ Captioning services for repeats of television programs
130ZZAA Captioning services for simultaneously transmitted television programs
130ZZAB Certain breaches to be disregarded
Division 4—Captioning standards
130ZZA Captioning standards
Division 5—Emergency warnings
130ZZB Emergency warnings
Division 6—Reports and record‑keeping
130ZZC Annual compliance reports
Division 7—Review of this Part etc.
130ZZE Review of this Part etc.
Part 9E—Prominence framework
130ZZF Simplified outline of this Part
130ZZI Regulated television devices
130ZZJ Regulated television services
130ZZK Broadcasting video on demand service
130ZZL Primary user interface
130ZZM ACMA may make guidelines about regulated television devices
Division 2—Minimum prominence requirements
130ZZN Regulated television devices must comply with minimum prominence requirements
130ZZO Regulations may prescribe minimum prominence requirements
130ZZP Remedial directions—contravention of minimum prominence requirements
Division 3—Information gathering
130ZZQ ACMA may obtain information and documents
130ZZR Copies of documents
130ZZS Service of notices by electronic means
130ZZT Relationship with other laws
130ZZU Concurrent operation of State and Territory laws
Division 5—Review of this Part etc.
130ZZV Review of this Part
130ZZW Minister may request report
130ZZX Minister may direct ACMA about the exercise of its powers
Part 10—Remedies for breaches of licensing provisions
Division 1—Offences for providing unlicensed services
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
Division 1A—Civil penalty provisions relating to unlicensed services
136A Prohibition on providing a commercial television broadcasting service without a licence
136B Prohibition on providing a subscription television broadcasting service without a licence
136C Prohibition on providing a commercial radio broadcasting service without a licence
136D Prohibition on providing a community television broadcasting service without a licence
136E Prohibition on providing a community radio broadcasting service without a licence
Division 2—Action by ACMA where a person provides a service without a licence
137 Remedial directions—unlicensed services
138 Breach of remedial direction—offences
138A Breach of remedial direction—civil penalty provision
Division 3—Action in relation to breaches by licensees
139 Offence for breach of conditions of licences and class licences
140A Civil penalty provisions relating to breach of conditions of licences and class licences
141 Remedial directions—licence conditions, class licences and codes of practice
142 Breach of remedial direction—offences
142A Breach of remedial direction—civil penalty provision
143 Suspension and cancellation
Division 4—Action in relation to class licences
144 Application to Federal Court
Part 10A—Anti‑hoarding rules
146C Designated events and designated series of events
146CA When event or series is eligible for delayed televising in the Central‑Western time zones
Division 2—Commercial television broadcasting licensees
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
Division 3—National broadcasters
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
Part 10B—Anti‑siphoning scheme
146U Media content service
Division 2—Anti‑siphoning rules
146V Minister may protect the free availability of certain types of programs
146W Events in anti‑siphoning list should be televised for free
146X Extraterritorial application
Division 3—Information gathering
146Z ACMA may obtain information and documents
146ZA Copies of documents
Division 4—Review of this Part
146ZB Review of this Part
146ZC Minister may request report
Part 11—Complaints to the ACMA