a SDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;
(c) if:
(i) a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a SDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area; and
(ii) the service is the primary commercial television broadcasting service provided by the related terrestrial licensee;
a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;
(e) if:
(i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and
(ii) the service is not the primary commercial television broadcasting service provided by the metropolitan licensee;
a SDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;
(f) if:
(i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a SDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and
(ii) the service is the primary commercial television broadcasting service provided by the metropolitan licensee;
a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;
(fa) if:
(i) a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area; and
(ii) the service is not the primary commercial television broadcasting service provided by the related terrestrial licensee;
a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;
(fb) if:
(i) a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area; and
(ii) the service is the primary commercial television broadcasting service provided by the related terrestrial licensee;
a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;
(fc) if:
(i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and
(ii) the service is not the primary commercial television broadcasting service provided by the metropolitan licensee;
a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;
(fd) if:
(i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and
(ii) the service is the primary commercial television broadcasting service provided by the metropolitan licensee;
a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;
(g) one or more multi‑channelled commercial television broadcasting services the program content of which consists wholly or primarily of programs provided, or required to be provided, to the licensee under subsection 43AA(1).
Program content
(2) In determining, for the purposes of this section, whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television broadcasting service:
(a) ignore the following:
(i) advertising or sponsorship material (whether or not of a commercial kind);
(ii) a promotion for a television program or a television broadcasting service;
(iii) community information material or community promotional material;
(iv) a weather bulletin;
(v) any other similar material; and
(b) ignore a news program; and
(c) ignore any program the broadcasting of which in any jurisdiction in the licence area could result in the licensee:
(i) committing an offence; or
(ii) becoming liable to a civil penalty; or
(iii) breaching an order or direction of a court; or
(iv) being in contempt of court; and
(d) ignore a program broadcast in circumstances specified in the regulations.
(3) In determining, for the purposes of:
(a) paragraph (1)(c); or
(b) paragraph (1)(f); or
(c) paragraph (1)(fb); or
(d) paragraph (1)(fd);
whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television broadcasting service, assume that a program that provides coverage of an anti‑siphoning event is the same as a program that provides coverage of another anti‑siphoning event.
(4) Subsection (3) does not limit subsection (2).
Providing an authorised service on Norfolk Island
(5A) A person authorised by a licence allocated under section 38C to provide a commercial television broadcasting service in a licence area including Norfolk Island may provide the service despite a law of Norfolk Island about broadcasting services.
Definitions
(6) In this section:
HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.
metropolitan licence area means a licence area in which is situated the General Post Office of the capital city of:
(a) New South Wales; or
(b) Victoria; or
(c) Queensland; or
(d) Western Australia; or
(e) South Australia;
but does not include the licence area of a commercial television broadcasting licence allocated under section 38C.
related terrestrial licence area:
(a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area—means a licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or
(b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area—means a licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or
(c) in relation to a licence allocated under section 38C for the Western Australia TV3 licence area—means a licence area mentioned in column 3 of item 3 of the table in subsection 38C(1).
SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.
41D Services authorised by commercial radio broadcasting licences
Licences in force immediately before the commencement of this section
(1) If:
(a) a commercial radio broadcasting licence was in force immediately before the commencement of this section; and
(b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area;
then, during the period:
(c) beginning at the start of the day on which this section commences; and
(d) ending immediately before the digital radio start‑up day for the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
Licences allocated on or after the commencement of this section
(2) If:
(a) a commercial radio broadcasting licence is allocated on or after the commencement of this section but before the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide an analog commercial radio broadcasting service in the licence area;
then, during the period:
(c) beginning at the start of the day on which the licence is allocated; and
(d) ending immediately before the digital radio start‑up day for the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
Licences in force immediately before the digital radio start‑up day for the licence area
(3) If:
(a) a commercial radio broadcasting licence was in force immediately before the digital radio start‑up day for the licence area; and
(b) the licence authorised the licensee to provide an analog commercial radio broadcasting service in the licence area;
then, on and after the digital radio start‑up day for the licence area, the licence is taken to authorise the licensee to provide the following services in the licence area:
(c) the analog commercial radio broadcasting service;
(d) one or more digital commercial radio broadcasting services.
Licences allocated on or after digital radio start‑up day for the licence area
(4) If:
(a) a commercial radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide an analog commercial radio broadcasting service in the licence area;
the licence is taken to authorise the licensee to provide that service in the licence area.
(5) If:
(a) a commercial radio broadcasting licence is allocated on or after the digital radio start‑up day for the licence area; and
(b) the licence is allocated as a licence to provide digital commercial radio broadcasting services in the licence area;
the licence is taken to authorise the licensee to provide one or more digital commercial radio broadcasting services in the licence area.
Subsection 40(1) licences
(7) This section does not apply to a commercial radio broadcasting licence allocated under subsection 40(1).
Division 3—Licence conditions
42 Conditions of commercial broadcasting licences
(1) Each commercial television broadcasting licence is subject to:
(a) the conditions set out in Division 1 of Part 3 of Schedule 2; and
(b) such other conditions as are imposed under section 43.
(1A) Each commercial television broadcasting licence allocated under section 38C is also subject to the conditions set out in Division 2 of Part 3 of Schedule 2.
(2) Each commercial radio broadcasting licence is subject to:
(a) the conditions set out in Part 4 of Schedule 2; and
(b) such other conditions as are imposed under section 43.
43 ACMA may impose additional conditions
(1) The ACMA may, by notice in writing given to a commercial television broadcasting licensee or a commercial radio broadcasting licensee, vary or revoke a condition of the licence or impose an additional condition on the licence.
(2) If the ACMA proposes to vary or revoke a condition or to impose a new condition, the ACMA must:
(a) give to the licensee written notice of its intention; and
(b) give to the licensee a reasonable opportunity to make representations to the ACMA in relation to the proposed action; and
(c) publish the proposed changes in the Gazette.
(3) This section does not allow the ACMA to vary or revoke a condition set out in Part 3 or 4 of Schedule 2.
(4) If the ACMA varies or revokes a condition or imposes a new condition, the ACMA must publish the variation, the fact of the revocation or the new condition, as the case may be, in the Gazette.
(5) Action taken under subsection (1) must not be inconsistent with:
(a) determinations and clarifications under section 19; or
(b) conditions set out in Part 3 or 4 of Schedule 2.
43AA Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees
(1) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if:
(a) the licensee broadcasts a local news program in the licence area; and
(aa) the licensee has not previously broadcast the program in the licence area; and
(b) the licence area is wholly or partly included in the licence area of a licence allocated under section 38C;
the licensee of the regional commercial television broadcasting licence must:
(c) provide the local news program to the licensee of the section 38C licence for broadcast by the section 38C licensee; and
(d) do so:
(i) simultaneously with the broadcast of the program by the licensee of the regional commercial television broadcasting licence; or
(ii) as soon as practicable after the broadcast of the program by the licensee of the regional commercial television broadcasting licence.
(2) A program must be provided under subsection (1) by transmitting it in digital mode (within the meaning of Schedule 4).
(3) If:
(a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and
(b) the regional licensee believes, on reasonable grounds, that the broadcasting of a part of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:
(i) committing an offence; or
(ii) becoming liable to a civil penalty; or
(iii) breaching an order or direction of a court; or
(iv) being in contempt of court;
subsection (1) has effect as if the program did not include that part of the program.
(3A) If:
(a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and
(b) the regional licensee believes, on reasonable grounds, that the broadcasting of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C licensee:
(i) committing an offence; or
(ii) becoming liable to a civil penalty; or
(iii) breaching an order or direction of a court; or
(iv) being in contempt of court;
subsection (1) does not apply to the program.
(3B) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if:
(a) the licensee broadcasts a local news program in the licence area on 2 or more occasions; and
(b) the licence area is wholly or partly included in the licence area of a licence allocated under section 38C;
the licensee of the regional commercial television broadcasting licence will take reasonable steps to ensure that the licensee of the regional commercial television broadcasting licence does not, on more than one occasion, provide the program to the section 38C licensee for broadcast by the section 38C licensee.
(6) This section does not apply to a commercial television broadcasting licence allocated under subsection 40(1).
(7) In this section:
local news program means:
(a) a program that consists solely of local news and/or local weather information; or
(b) a program:
(i) that consists primarily of local news and/or local weather information; and
(ii) the remainder of which consists of other news and/or other weather information;
but does not include:
(c) a short segment, or a headline update, that is broadcast for the sole or primary purpose of promoting another program; or
(d) a short segment, or a headline update, that repeats news content that has previously been broadcast by the licensee concerned.
metropolitan licence area means a licence area in which is situated the General Post Office of the capital city of:
(a) New South Wales; or
(b) Victoria; or
(c) Queensland; or
(d) Western Australia; or
(e) South Australia;
but does not include the licence area of a commercial television broadcasting licence allocated under section 38C.
regional licence area means a licence area that is not a metropolitan licence area, but does not include:
(a) the licence area of a commercial television broadcasting licence allocated under section 38C; or
(b) a licence area specified in column 3 of the table in subsection 38C(1).
43AB Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees
Programs to be provided by metropolitan licensees
(1) A commercial television broadcasting licence for a metropolitan licence area is subject to the condition that, if:
(a) the licensee (the metropolitan licensee) broadcasts a program in a metropolitan licence area on either of the following services (a metropolitan service):
(i) a HDTV multi‑channelled commercial television broadcasting service;
(ii) a SDTV multi‑channelled commercial television broadcasting service; and
(b) before the program is broadcast, a section 38C licensee requests the metropolitan licensee to provide the section 38C licensee with the programs broadcast on the metropolitan service;
the metropolitan licensee must:
(c) provide the program to the section 38C licensee for broadcast by the section 38C licensee; and
(d) do so:
(i) simultaneously with the broadcast of that program on the metropolitan service; or
(ii) as soon as practicable after the broadcast of that program on the metropolitan service.
HDTV digital mode or SDTV digital mode
(2) A program must be provided under subsection (1) by transmitting it:
(a) if subparagraph (1)(a)(i) applies—in HDTV digital mode (within the meaning of Schedule 4); or