(b) the percentage of the interest is the percentage that the value of that part of the property of the company to which the person would be so entitled bears to the total value of the property of the company.
(5) A person may have a voting interest, a dividend interest or a winding‑up interest in a company even if the person does not have a beneficial entitlement to, or to an interest in, shares in the company.
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.
Note: See also section 8AD, which deals with deemed radio broadcasting licence areas.
(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
(b) digital program enhancement content in relation to a radio program delivered by that service;
the digital program enhancement content is taken to be a radio program delivered by that service.
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
(b) digital program enhancement content in relation to a radio program delivered by that service;
the digital program enhancement content is taken to be a radio program delivered by that service.
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
(b) digital program enhancement content in relation to a radio program delivered by that service;
the digital program enhancement content is taken to be a radio program delivered by that service.
8AC Digital radio start‑up day
(1) If the ACMA is satisfied that:
(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.
Definitions
(8) In this section:
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.
Note: See also section 8AD, which deals with deemed radio broadcasting licence areas.
8AD Deemed radio broadcasting licence areas
Western Suburbs Sydney RA1
(1) For the purposes of:
(a) section 8AC of this Act; and
(b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and
(c) the application of:
(i) any other provision of this Act; or
(ii) any other provision of the Radiocommunications Act 1992; or
(iii) any other law of the Commonwealth;
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
(b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and
(c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the Radiocommunications Act 1992; and
(d) the application of:
(i) any other provision of this Act; or
(ii) any other provision of the Radiocommunications Act 1992; or
(iii) any other law of the Commonwealth;
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
(b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and
(c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the Radiocommunications Act 1992; and
(d) the application of:
(i) any other provision of this Act; or
(ii) any other provision of the Radiocommunications Act 1992; or
(iii) any other law of the Commonwealth;
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;
that period; or
(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;
each of those periods; or
(c) if:
(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;
that period; or
(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;
each of those periods; or
(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;
that period; or
(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;
each of those periods; or
(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.
(6) If:
(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.
(9) If:
(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:
Start formula start fraction Total number of minutes of racing content broadcast on the day on the broadcasting service over Total number of minutes of content broadcast on the day on the broadcasting service end fraction times 100 end 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.
8B Remote Indigenous community
An Indigenous community is a remote Indigenous community for the purposes of this Act if the ACMA so determines by legislative instrument.
9 Act to bind the Crown
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.
10 Extension of Act to the external Territories
This Act extends to all the external Territories.
10A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part 2—Categories of broadcasting services
11 Categories of broadcasting services
The following categories of broadcasting services are broadcasting services to which this Act relates:
(a) national broadcasting services;
(b) commercial broadcasting services;
(c) community broadcasting services;
(d) subscription broadcasting services;
(e) subscription narrowcasting services;
(f) open narrowcasting services;
(fa) international broadcasting services.
11A Dual categorisation of international broadcasting services
An international broadcasting service may also fall into another category of broadcasting services.
12 Method of regulating particular services
(1) Commercial broadcasting services, community broadcasting services, subscription television broadcasting services and international broadcasting services require individual licences.
(2) Other broadcasting services (other than national broadcasting services) are to be provided under the relevant class licence.
Dual categorisation of international broadcasting services
(3) An international broadcasting service that also falls into the category of commercial broadcasting services requires both:
(a) an international broadcasting licence; and
(b) either:
(i) a commercial radio broadcasting licence; or
(ii) a commercial television broadcasting licence.
(4) An international broadcasting service that also falls into the category of community broadcasting services requires both:
(a) an international broadcasting licence; and
(b) a community broadcasting licence.
(5) An international broadcasting service that also falls into the category of subscription television broadcasting services requires both:
(a) an international broadcasting licence; and
(b) a subscription television broadcasting licence.
(6) Both of the following rules apply to an international broadcasting service that also falls into a category of broadcasting services covered by subsection (2):
(a) the service requires an international broadcasting licence;
(b) the service is to be provided under the relevant class licence.
13 National broadcasting services
(1) National broadcasting services are:
(a) broadcasting services provided by the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or
(b) broadcasting services provided by the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; or
(c) broadcasting services provided under the Parliamentary Proceedings Broadcasting Act 1946.
(2) National broadcasting services do not include subscription broadcasting services or subscription or open narrowcasting services provided by the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation.
(3) Subsection (2) does not apply to services specified by the Minister under subsection (4).
(4) The Minister may, by legislative instrument, specify services for the purposes of subsection (3).
(5) Except as expressly provided by this Act, the regulatory regime established by this Act does not apply to national broadcasting services.
14 Commercial broadcasting services
(1) Commercial broadcasting services are broadcasting services:
(a) that provide programs that, when considered in the context of the service being provided, appear to be intended to appeal to the general public; and
(b) that provide programs that:
(i) are able to be received by commonly available equipment; and
(ii) are made available free to the general public; and
(c) that are usually funded by advertising revenue; and
(d) that are operated for profit or as part of a profit‑making enterprise; and
(e) that comply with any determinations or clarifications under section 19 in relation to commercial broadcasting services.
(2) For the purposes of the application of subsection (1) to a broadcasting service provided under a licence allocated under section 38C, assume that there is no conditional access system that relates to the broadcasting service.
15 Community broadcasting services
Community broadcasting services are broadcasting services that:
(a) are provided for community purposes; and
(b) are not operated for profit or as part of a profit‑making enterprise; and