(c) a SDTV multi‑channelled national television broadcasting service provided by the national broadcaster with the use of a satellite; or
(d) a HDTV multi‑channelled national television broadcasting service provided by the national broadcaster with the use of a satellite;
unless the television program has been previously transmitted by the national broadcaster on the broadcaster’s primary satellite national television broadcasting service.
(8) Subsection (1) does not require the provision of a captioning service:
(a) by the licensee of a commercial television broadcasting licence that was allocated under subsection 40(1); and
(b) during:
(i) the first year of operation of the licence; or
(ii) if the ACMA, by written notice given to the licensee, allows a longer period—that longer period.
Note 1: For exemption orders, see section 130ZUA.
Note 2: For target reduction orders, see section 130ZUA.
130ZS Captioning obligations—special rules for multi‑channelled services
Commercial television broadcasting licensee
(1) If:
(a) a commercial television broadcasting licence is in force; and
(b) the licence was not allocated under section 38C; and
(c) the licensee transmits a television program on:
(i) a SDTV multi‑channelled commercial television broadcasting service; or
(ii) a HDTV multi‑channelled commercial television broadcasting service;
in the licence area; and
(d) the program has been previously transmitted on another commercial television broadcasting service provided by the licensee in the licence area; and
(e) the licensee provided a captioning service for the program when the program was so previously transmitted on the other service;
the licensee must provide a captioning service for the television program transmitted as mentioned in paragraph (c).
Note: For compliance by licensees, see clause 7 of Schedule 2.
(2) If:
(a) a commercial television broadcasting licence is allocated under section 38C; and
(b) the licensee transmits a television program on:
(i) a SDTV multi‑channelled commercial television broadcasting service; or
(ii) a HDTV multi‑channelled commercial television broadcasting service;
in the licence area; and
(c) the program has been previously transmitted on another commercial television broadcasting service provided by the licensee in the licence area; and
(d) the licensee provided a captioning service for the program when the program was so previously transmitted on the other service;
the licensee must provide a captioning service for the television program transmitted as mentioned in paragraph (b).
Note: For compliance by licensees, see clause 7 of Schedule 2.
National broadcaster
(3) If:
(a) a national broadcaster transmits a television program on:
(i) a SDTV multi‑channelled national television broadcasting service; or
(ii) a HDTV multi‑channelled national television broadcasting service;
in a coverage area; and
(b) the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster in the coverage area; and
(c) the national broadcaster provided a captioning service for the program when the program was so previously transmitted on the other service;
the national broadcaster must provide a captioning service for the television program transmitted as mentioned in paragraph (a).
(4) Subsection (3) does not apply to a national television broadcasting service provided with the use of a satellite.
(5) If:
(a) a national broadcaster transmits a television program on:
(i) a SDTV multi‑channelled national television broadcasting service; or
(ii) a HDTV multi‑channelled national television broadcasting service;
in a satellite delivery area; and
(b) the service mentioned in paragraph (a) is provided with the use of a satellite; and
(c) the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster, with the use of a satellite, in the satellite delivery area; and
(d) the national broadcaster provided a captioning service for the program when the program was so previously transmitted on the other service;
the national broadcaster must provide a captioning service for the television program transmitted as mentioned in paragraph (a).
130ZUA Exemption orders and target reduction orders—unjustifiable hardship
Application
(1) A commercial television broadcasting licensee may apply to the ACMA for:
(a) an order (an exemption order) that exempts from subsection 130ZR(1) a specified commercial television broadcasting service provided by the licensee in a specified eligible period; or
(b) an order (a target reduction order) that:
(i) is expressed to relate to a specified commercial television broadcasting service provided by the licensee in a specified eligible period; and
(ii) for each financial year included in the eligible period, provides that a specified percentage is the reduced annual captioning target for the service for the financial year.
Note: For eligible period, see subsection (15).
(2) A national broadcaster may apply to the ACMA for:
(a) an order (an exemption order) that exempts from subsection 130ZR(1) a specified national television broadcasting service provided by the broadcaster in a specified eligible period; or
(b) an order (a target reduction order) that:
(i) is expressed to relate to a specified national television broadcasting service provided by the broadcaster in a specified eligible period; and
(ii) for each financial year included in the eligible period, provides that a specified percentage is the reduced annual captioning target for the service for the financial year.
Note: For eligible period, see subsection (15).
(3) An application under subsection (1) or (2) must:
(a) be in writing; and
(b) be in a form approved, in writing, by the ACMA; and
(c) be made in the period:
(i) commencing on 1 July in the financial year immediately before the eligible period specified in the application; and
(ii) ending on the first 31 March in the eligible period specified in the application.
Decision on application
(4) If an application under subsection (1) or (2) has been made for an exemption order or target reduction order, the ACMA must, after considering the application:
(a) by writing, make the exemption order or target reduction order, as the case may be; or
(b) refuse to make the exemption order or target reduction order, as the case may be.
Criteria for making exemption order or target reduction order
(5) The ACMA must not make the exemption order or target reduction order unless the ACMA is satisfied that a refusal to make the exemption order or target reduction order, as the case may be, would impose an unjustifiable hardship on the applicant.
(6) In determining whether a failure to make the exemption order or target reduction order, as the case may be, would impose an unjustifiable hardship on the applicant, the ACMA must have regard to the following matters:
(a) the nature of the detriment likely to be suffered by the applicant;
(b) the impact of making the exemption order or target reduction order, as the case may be, on deaf or hearing impaired viewers, or potential viewers, of the commercial television broadcasting service or national television broadcasting service concerned;
(c) the financial circumstances of the applicant;
(d) the estimated amount of expenditure that the applicant would be required to make if there was a failure to make the exemption order or target reduction order, as the case may be;
(e) the extent to which captioning services are provided by the applicant for television programs transmitted on commercial television broadcasting services or national television broadcasting services provided by the applicant;
(f) the likely impact of a failure to make the exemption order or target reduction order, as the case may be, on the quantity and quality of television programs transmitted on commercial television broadcasting services or national television broadcasting services provided by the applicant;
(g) whether the applicant has applied, or has proposed to apply, for exemption orders or target reduction orders under this section in relation to any other commercial television broadcasting services or national television broadcasting services provided by the applicant;
(h) such other matters (if any) as the ACMA considers relevant.
Consultation
(7) Before making an exemption order, or a target reduction order, under subsection (4), the ACMA must:
(a) within 50 days after receiving the application for the exemption order or target reduction order, as the case may be, publish on the ACMA’s website a notice:
(i) setting out the draft exemption order or draft target reduction order, as the case may be; and
(ii) inviting persons to make submissions to the ACMA about the draft exemption order or draft target reduction order, as the case may be, within 30 days after the notice is published; and
(b) consider any submissions received within the 30‑day period mentioned in subparagraph (a)(ii).
Commencement of exemption order or target reduction order
(8) An exemption order, or a target reduction order, under subsection (4) comes into force at the start of the eligible period to which the exemption order or target reduction order, as the case may be, relates.
Refusal to make exemption order or target reduction order
(9) If:
(a) an application under subsection (1) or (2) has been made for an exemption order or target reduction order; and
(b) the ACMA does not make a decision on the application within the period of 90 days beginning at the start of the day on which the ACMA received the application;
the ACMA is taken, at the end of that 90‑day period, to have decided to refuse to make the exemption order or target reduction order, as the case may be.
(10) If:
(a) an application under subsection (1) or (2) has been made for an exemption order or target reduction order; and
(b) the ACMA decides to refuse to make the exemption order or target reduction order, as the case may be;
the ACMA must give written notice of the decision to the applicant.
Publication requirement
(11) If the ACMA makes an exemption order or target reduction order under subsection (4), the ACMA must publish a copy of the order on the ACMA’s website.
Order is not a legislative instrument
(12) An exemption order, or a target reduction order, under subsection (4) is not a legislative instrument.
Target reduction order may specify different percentages for different years
(13) A target reduction order under subsection (4) may specify different percentages for different financial years.
Specification of national television broadcasting services
(14) For the purposes of this section, a national television broadcasting service may be specified by reference to:
(a) whether or not the service is provided with the use of a satellite; and
(b) the coverage area, or the satellite delivery area, in which the service is provided.
Definitions
(15) In this section:
commercial television broadcasting service includes a proposed commercial television broadcasting service.
eligible period means:
(a) a financial year; or
(b) 2 consecutive financial years; or
(c) 3 consecutive financial years; or
(d) 4 consecutive financial years; or
(e) 5 consecutive financial years.
national television broadcasting service includes a proposed national television broadcasting service.
130ZUAA Effect of target reduction order
Scope
(1) This section applies if a target reduction order under section 130ZUA is applicable to:
(a) a commercial television broadcasting service; or
(b) a national television broadcasting service;
for a financial year.
Commercial television broadcasting service
(2) If the service is a commercial television broadcasting service provided by a commercial television broadcasting licensee, the licensee must ensure that the percentage worked out using the following formula is not less than the reduced annual captioning target for the service for the financial year:
Start formula start fraction Total hours of captioned programs transmitted during the financial year over Total hours of programs transmitted during the financial year end fraction times 100 end formula
where:
total hours of captioned programs transmitted during the financial year means the total number of hours of television programs:
(a) that were transmitted:
(i) during targeted viewing hours in the financial year; and
(ii) on the service; and
(b) for which a captioning service was provided.
total hours of programs transmitted during the financial year means the total number of hours of television programs transmitted:
(a) during targeted viewing hours in the financial year; and
(b) on the service.
National television broadcasting service
(3) If the service is a national television broadcasting service provided by a national broadcaster, the national broadcaster must ensure that the percentage worked out using the following formula is not less than the reduced annual captioning target for the service for the financial year:
Start formula start fraction Total hours of captioned programs transmitted during the financial year over Total hours of programs transmitted during the financial year end fraction times 100 end formula
where:
total hours of captioned programs transmitted during the financial year means the total number of hours of television programs:
(a) that were transmitted:
(i) during targeted viewing hours in the financial year; and
(ii) on the service; and
(b) for which a captioning service was provided.
total hours of programs transmitted during the financial year means the total number of hours of television programs transmitted:
(a) during targeted viewing hours in the financial year; and
(b) on the service.
Standard captioning rule does not apply
(4) Subsection 130ZR(1) does not apply to the service for the financial year.
Targeted viewing hours
(7) For the purposes of this section, targeted 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.
130ZUB Certain breaches to be disregarded
(1) If:
(a) apart from this subsection, a commercial television broadcasting licensee has breached a provision of this Division; and
(b) the breach is attributable to significant difficulties of a technical or engineering nature for the licensee; and
(c) those difficulties could not reasonably have been foreseen by the licensee;
then the breach is to be disregarded in determining whether the licensee has complied with the provision.
(2) If:
(a) apart from this subsection, a national broadcaster has breached a provision of this Division; and
(b) the breach is attributable to significant difficulties of a technical or engineering nature for the broadcaster; and
(c) those difficulties could not reasonably have been foreseen by the broadcaster;
then the breach is to be disregarded in determining whether the broadcaster has complied with the provision.
Division 3—Captioning obligations of subscription television licensees
130ZV Annual captioning targets—subscription television licensees
Annual captioning targets
(1) If a subscription television licensee provides a subscription television service in a financial year, the licensee must ensure that the percentage worked out using the following formula is not less than the annual captioning target for the service for the financial year:
Start formula start fraction Total captioned hours over Total program hours end fraction times 100 end formula
where:
total captioned hours means the total number of hours of television programs transmitted on the service during the financial year for which a captioning service was provided.
total program hours means the total number of hours of television programs transmitted on the service during the financial year.
(2) For the purposes of this section, the annual captioning target for a subscription television service for a financial year is:
(a) for the financial year beginning on 1 July 2014—the applicable percentage set out in the following table; and
(b) for a later financial year—the lesser of:
(i) the annual captioning target for the service for the previous financial year plus an additional 5%; and
(ii) 100%.
Note: For example, the annual captioning target for the financial year beginning on 1 July 2015 for a category A subscription television movie service is 80% (75% plus an additional 5%).
Annual captioning target for financial year beginning on 1 July 2014
Item Service Percentage
1 Category A subscription television movie service 75%
2 Category B subscription television movie service 55%
3 Category C subscription television movie service 45%
4 Category A subscription television general entertainment service 55%
5 Category B subscription television general entertainment service 45%
6 Category C subscription television general entertainment service 25%
7 Subscription television news service 15%
8 Subscription television sports service 15%
9 Subscription television music service 5%
Modified formula for subscription television sports services
(3) If, in relation to a financial year:
(a) a subscription television licensee provides a subscription television sports service; and
(b) the percentage worked out using the formula in subsection (1) for the service is at least two‑thirds of the annual captioning target;
the licensee is taken to have satisfied the requirement in subsection (1) for the service for the financial year if the percentage worked out using the following formula is not less than the annual captioning target: