(1) This section applies if a person is in the licence area of a commercial television broadcasting licence.
Applicable terrestrial digital commercial television broadcasting services
(2) For the purposes of the application of this Part to the person, a service is an applicable terrestrial digital commercial television broadcasting service if it is:
(a) a commercial television broadcasting service that is:
(i) provided by a commercial television broadcasting licensee in the licence area; and
(ii) transmitted in digital mode; or
(b) a service that:
(i) is merely a re‑transmission of the programs provided by a commercial television broadcasting service described in paragraph (a); and
(ii) is provided in the licence area; and
(iii) is transmitted in digital mode; and
(iv) is provided by a person declared by the ACMA under subsection (2A).
(2A) If the ACMA is satisfied that a person represents one or more commercial television broadcasting licensees, the ACMA may declare the person for the purposes of subparagraph (2)(b)(iv).
(2B) If the declaration under subsection (2A) is made in writing, the declaration is not a legislative instrument.
(2C) For the purposes of this Part, an applicable terrestrial digital commercial television broadcasting service described in paragraph (2)(b) is taken to be the same as the commercial television broadcasting service mentioned in subparagraph (2)(b)(i).
Note: This means a person is taken to receive adequate reception of a single applicable terrestrial digital commercial television broadcasting service whether the person receives adequate reception of:
(a) the commercial television broadcasting service described in paragraph (2)(a); or
(b) the service of re‑transmission described in paragraph (2)(b) by reference to that commercial television broadcasting service.
Exemptions
(3) This section does not apply to a commercial television broadcasting licence allocated under section 38C or subsection 40(1).
Definitions
(4) In this section:
digital mode has the same meaning as in Schedule 4.
re‑transmission has the same meaning as in section 212.
130ZH Declared service‑deficient areas
Declaration
(1) If:
(a) the ACMA is satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in a particular area (the relevant area) is deficient; and
(b) the relevant area is included in a terrestrial licence area; and
(c) the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section 38C;
the ACMA must, by legislative instrument, declare that the relevant area is a declared service‑deficient area for the purposes of this Part.
(2) For the purposes of determining whether the number of services provided to persons in a particular area is deficient as mentioned in paragraph (1)(a) or (4)(d), the ACMA may have regard to the following:
(a) the current applicable terrestrial digital commercial television broadcasting services provided to persons in:
(i) the relevant area; and
(ii) other licence areas;
(b) the history of such services having been provided to persons in the relevant area;
(c) the extent to which there has been a reduction in the number of such services provided to persons in the relevant area;
(d) any other matters that the ACMA considers relevant.
Revocation
(4) If:
(a) a declaration is in force under subsection (1) in relation to a particular area (the relevant area); and
(b) the relevant area is included in a terrestrial licence area; and
(c) the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section 38C; and
(d) the ACMA is not satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in the relevant area is deficient;
the ACMA must, by legislative instrument, revoke the declaration.
Definitions
(6) In this section:
number includes zero.
terrestrial licence means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section 38C or subsection 40(1).
terrestrial licence area means the licence area of a terrestrial licence.
Note: For applicable terrestrial digital commercial television broadcasting services, see section 130ZG.
Part 9D—Captioning
Division 1—Introduction
130ZJ Simplified outline
The following is a simplified outline of this Part:
• Broadcasters must comply with rules and standards relating to captioning of television programs for the deaf and hearing impaired.
130ZK Definitions
In this Part:
Category A subscription television general entertainment service has the meaning given by section 130ZW.
Category A subscription television movie service has the meaning given by section 130ZVA.
Category B subscription television general entertainment service has the meaning given by section 130ZW.
Category B subscription television movie service has the meaning given by section 130ZVA.
Category C subscription television general entertainment service has the meaning given by section 130ZW.
Category C subscription television movie service has the meaning given by section 130ZVA.
channel means a continuous stream of programs.
channel provider has the meaning given by section 130ZKA.
community service announcement means community information, or community promotional material, for the broadcast of which the commercial television broadcasting licensee, subscription television licensee or national broadcaster does not receive any consideration in cash or in kind.
coverage area has the same meaning as in Schedule 4.
designated viewing hours has the meaning given by section 130ZL.
emergency service agency means:
(a) a police force or service; or
(b) a fire service; or
(c) a State Emergency Service of a State or a Territory; or
(d) the Commonwealth Bureau of Meteorology; or
(e) a body that runs an emergency service specified in the regulations.
general entertainment program means a program other than:
(a) a movie program; or
(b) a news or current affairs program; or
(c) a sports program; or
(d) a music program.
HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.
HDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4.
incidental matter means:
(a) advertising or sponsorship matter (whether or not of a commercial kind); or
(b) a program promotion; or
(c) an announcement; or
(d) a hosting; or
(e) any other interstitial program.
movie program means a program that is:
(a) a feature film; or
(b) a short film; or
(c) a telemovie.
music program means a program the sole or dominant purpose of which is to provide:
(a) music with video clips; or
(b) video footage of musical performances;
or both.
national broadcasting service does not include a broadcasting service provided under the Parliamentary Proceedings Broadcasting Act 1946.
national television broadcasting service means a national broadcasting service that provides television programs.
news or current affairs program means any of the following:
(a) a news bulletin;
(b) a program (whether presenter‑based or not) whose sole or dominant purpose is to provide analysis, commentary or discussion principally designed to inform the general community about social, economic or political issues of current relevance to the general community.
part‑channel provider has the meaning given by section 130ZKB.
primary national television broadcasting service has the same meaning as in Schedule 4.
primary satellite national television broadcasting service has the same meaning as in Schedule 4.
program does not include:
(a) advertising or sponsorship matter (whether or not of a commercial kind); or
(b) a community service announcement; or
(c) an emergency warning.
satellite delivery area has the same meaning as in Schedule 4.
SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.
SDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4.
sports program means:
(a) a sports news bulletin; or
(b) a program the sole or dominant purpose of which is to provide:
(i) coverage of one or more sporting events; or
(ii) analysis, commentary or discussion in relation to one or more sporting events;
or both.
subscription television general entertainment service means a subscription television service the program content of which consists wholly or primarily of general entertainment programs.
subscription television licensee means:
(a) a subscription television broadcasting licensee; or
(b) a subscription television narrowcasting licensee.
subscription television movie service means a subscription television service the program content of which consists wholly or primarily of movie programs.
subscription television music service means a subscription television service the program content of which consists wholly or primarily of music programs.
subscription television narrowcasting licensee means a person who provides a subscription television narrowcasting service under a class license.
subscription television news service means a subscription television service the program content of which consists wholly or primarily of news or current affairs programs.
subscription television service means:
(a) a subscription television broadcasting service; or
(b) a subscription television narrowcasting service.
subscription television sports service means a subscription television service the program content of which consists wholly or primarily of sports programs.
130ZKA Definition of channel provider
For the purposes of this Part, a channel provider, in relation to a subscription television service provided by a subscription television licensee, is a person who:
(a) packages a channel (which may include programs produced by the person); and
(b) supplies the licensee with the channel;
where, apart from any breaks for the purposes of the transmission of incidental matter, the channel is televised by the licensee on the service.
130ZKB Definition of part‑channel provider
For the purposes of this Part, a part‑channel provider, in relation to a subscription television service provided by a subscription television licensee, is a person who:
(a) assembles a package of programs (which may include programs produced by the person); and
(b) supplies the licensee with the package;
where:
(c) the package constitutes a significant proportion of the program material that is televised by the licensee on the service; and
(d) there is no channel provider in relation to the service.
130ZKC Supply of channel or package
For the purposes of this Part, a person is taken to have supplied a channel or a package to a subscription television licensee if the channel or package is supplied by the person to the licensee:
(a) directly; or
(b) indirectly through one or more interposed persons.
130ZL Designated viewing hours
Programs transmitted before 1 July 2014
(1) For the purposes of the application of this Part to programs transmitted before 1 July 2014, designated viewing hours are the hours:
(a) beginning at 6 pm each day or, if another time is prescribed, beginning at that prescribed time each day; and
(b) ending at 10.30 pm on the same day or, if another time is prescribed, ending at that prescribed time on the same day.
Programs transmitted on or after 1 July 2014
(2) For the purposes of the application of this Part to programs transmitted on or after 1 July 2014, designated viewing hours are the hours:
(a) beginning at 6 am each day or, if another time is prescribed, beginning at that prescribed time each day; and
(b) ending at midnight on the same day or, if another time is prescribed, ending at that prescribed time on the same day.
130ZM This Part does not apply to foreign language programs
(1) This Part does not apply to a television program that is wholly in a language other than English.
(2) For the purposes of subsection (1), disregard minor and infrequent uses of the English language.
130ZN This Part does not apply to programs that consist wholly of music
(1) This Part does not apply to a television program the audio component of which consists only of music that has no human vocal content that is recognisable as being in the English language.
(2) For the purposes of subsection (1), disregard minor and infrequent uses of the English language.
130ZO Captioning service provided for part of program
For the purposes of this Part, if:
(a) a television program is transmitted on:
(i) a commercial television broadcasting service provided by a commercial television broadcasting licensee; or
(ii) a national television broadcasting service provided by a national broadcaster; or
(iii) a subscription television service provided by a subscription television licensee; and
(b) the audio component of the television program consists:
(i) partly of human vocal content that is recognisable as being in the English language; and
(ii) partly of other content; and
(c) a captioning service is provided for the human vocal content covered by subparagraph (b)(i);
the licensee or the national broadcaster, as the case may be, is taken to have provided a captioning service for the program.
130ZP Multiple subscription television services provided by licensee
For the purposes of this Part, the subscription television services provided by a subscription television licensee are to be determined by reference to:
(a) all of the subscription television broadcasting licences (if any) under which the licensee provides services; and
(b) the class licence (if any) under which the licensee provides services.
130ZQ Television service provided in a period
(1) For the purposes of this Part, a commercial television broadcasting service is provided in a period (for example, a financial year) if the service is provided during the whole or a part of the period.
(2) For the purposes of this Part, a national television broadcasting service is provided in a period (for example, a financial year) if the service is provided during the whole or a part of the period.
(3) For the purposes of this Part, a subscription television service is provided in a period (for example, a financial year) if the service is provided during the whole or a part of the period.
Division 2—Captioning obligations of commercial television broadcasting licensees and national broadcasters
130ZR Captioning obligations—basic rule
Basic rule
(1) Each commercial television broadcasting licensee, and each national broadcaster, must provide a captioning service for:
(a) television programs transmitted during designated viewing hours; and
(b) television news or current affairs programs transmitted outside designated viewing hours.
Note: For compliance by licensees, see clause 7 of Schedule 2.
Exceptions
(4) If:
(a) a commercial television broadcasting licence is in force; and
(b) the licence was not allocated under section 38C; and
(c) the licensee provides a primary commercial television broadcasting service in the licence area; and
(d) the licensee provides in the licence area another service that is:
(i) a SDTV multi‑channelled commercial television broadcasting service; or
(ii) a HDTV multi‑channelled commercial television broadcasting service;
subsection (1) does not require the provision of a captioning service for a television program transmitted on:
(e) the SDTV multi‑channelled commercial television broadcasting service mentioned in subparagraph (d)(i) of this subsection; or
(f) the HDTV multi‑channelled commercial television broadcasting service mentioned in subparagraph (d)(ii) of this subsection;
unless the program has been previously transmitted on the primary commercial television broadcasting service.
(5) If:
(a) a commercial television broadcasting licence is allocated under section 38C; and
(b) the licensee provides a primary commercial television broadcasting service in the licence area; and
(c) the licensee provides in the licence area:
(i) another SDTV multi‑channelled commercial television broadcasting service; or
(ii) a HDTV multi‑channelled commercial television broadcasting service;
subsection (1) does not require the provision of a captioning service for a television program transmitted on:
(d) the other SDTV multi‑channelled commercial television broadcasting service; or
(e) the HDTV multi‑channelled commercial television broadcasting service;
unless the program has been previously transmitted on the primary commercial television broadcasting service.
(6) If:
(a) a national broadcaster provides a national television broadcasting service in a coverage area; and
(b) the service is not provided with the use of a satellite;
subsection (1) does not require the provision of a captioning service for a television program transmitted on:
(c) a SDTV multi‑channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite; or
(d) a HDTV multi‑channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite;
unless the television program was previously transmitted by the national broadcaster on the primary national television broadcasting service provided by the national broadcaster.
(7) If:
(a) a national broadcaster provides a national television broadcasting service in a satellite delivery area; and
(b) the service is provided with the use of a satellite;
subsection (1) does not require the provision of a captioning service for a television program transmitted on: