Start formula start fraction Total captioned hours on relevant sports services over Total program hours on relevant sports services end fraction times 100 end formula
where:
relevant sports services means all subscription television sports services provided by the licensee that televise channels supplied by the same channel provider, other than:
(a) services to which subsection 130ZV(1) does not apply during the financial year because of subsection 130ZX(7); and
(b) services to which an exemption order or target reduction order under section 130ZY applies for the financial year.
total captioned hours on relevant sports services means the total number of hours of television programs transmitted on relevant sports services during the financial year for which a captioning service was provided.
total program hours on relevant sports services means the total number of hours of television programs transmitted on relevant sports services during the financial year.
Exclusion of time‑shifting services and high definition services
(5) This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:
(a) transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or
(b) simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee.
Note 1: For exemption orders, see section 130ZYA.
Note 2: For target reduction orders, see section 130ZYA.
Exclusion for new subscription television service
(6) This section does not apply to a subscription television service until the financial year beginning on the first 1 July that is at least 1 year after the service commenced, if the service predominantly consists of programs not transmitted in Australia before that commencement.
130ZVA Categories for subscription television movie services
(1) For the purposes of this Part, if a subscription television licensee provides at least one, but fewer than 7, subscription television movie services in a financial year, those services are Category A subscription television movie services for the financial year.
(2) For the purposes of this Part, if a subscription television licensee provides 7 subscription television movie services in a financial year:
(a) if the licensee, by written notice given to the ACMA before the end of the financial year, nominates 6 of those services to be Category A subscription television movie services for the financial year:
(i) the nominated services are Category A subscription television movie services for the financial year; and
(ii) the remaining service is a Category B subscription television movie service for the financial year; or
(b) otherwise—each of those services is a Category A subscription television movie service for the financial year.
(3) For the purposes of this Part, if a subscription television licensee provides more than 7 subscription television movie services in a financial year:
(a) if the licensee, by written notice given to the ACMA before the end of the financial year, nominates:
(i) 6 of those services to be Category A subscription television movie services for the financial year; and
(ii) one of those services (other than services nominated under subparagraph (i)) to be a Category B subscription television movie service for the financial year;
then:
(iii) the services nominated under subparagraph (i) are Category A subscription television movie services for the financial year; and
(iv) the service nominated under subparagraph (ii) is a Category B subscription television movie service for the financial year; and
(v) the remainder of those services are Category C subscription television movie services for the financial year; or
(b) otherwise—each of those services is a Category A subscription television movie service for the financial year.
Exclusion of time‑shifting services and high definition services
(4) This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:
(a) transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or
(b) simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee.
130ZW Categories for subscription television general entertainment services
(1) For the purposes of this Part, if a subscription television licensee provides at least one, but fewer than 19, subscription television general entertainment services in a financial year, those services are Category A subscription television general entertainment services for the financial year.
(2) For the purposes of this Part, if a subscription television licensee provides more than 18, but fewer than 35, subscription television general entertainment services in a financial year:
(a) if the licensee, by written notice given to the ACMA before the end of the financial year, nominates 18 of those services to be Category A subscription television general entertainment services for the financial year:
(i) the nominated services are Category A subscription television general entertainment services for the financial year; and
(ii) the remainder of those services are Category B subscription television general entertainment services for the financial year; or
(b) otherwise—each of those services is a Category A subscription television general entertainment service for the financial year.
(3) For the purposes of this Part, if a subscription television licensee provides more than 34 subscription television general entertainment services in a financial year:
(a) if the licensee, by written notice given to the ACMA before the end of the financial year, nominates:
(i) 18 of those services to be Category A subscription television general entertainment services for the financial year; and
(ii) 16 of those services (other than services nominated under subparagraph (i)) to be Category B subscription television general entertainment services for the financial year;
then:
(iii) the services nominated under subparagraph (i) are Category A subscription television general entertainment services for the financial year; and
(iv) the services nominated under subparagraph (ii) are Category B subscription television general entertainment services for the financial year; and
(v) the remainder of those services are Category C subscription television general entertainment services for the financial year; or
(b) otherwise—each of those services is a Category A subscription television general entertainment service for the financial year.
Exclusion of time‑shifting services and high definition services
(4) This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:
(a) transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or
(b) simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee.
130ZX Exemptions—certain subscription television services provided before 1 July 2022
Subscription television movie services
(1) If:
(a) a subscription television licensee provides more than 11 subscription television movie services in a financial year beginning before 1 July 2022; and
(b) the licensee has complied with subsection 130ZV(1) in relation to at least 11 of those services for the financial year; and
(c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television movie services that:
(i) are covered by paragraph (a); and
(ii) are not covered by paragraph (b);
to be exempt services for the financial year; and
(d) the total number of nominated services does not exceed the number worked out using the formula in subsection (2);
subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.
(2) The formula is:
Start formula open bracket Total number of the services covered by paragraph (1)(a) minus 11 close bracket times Exemption percentage end formula
where:
exemption percentage means the exemption percentage for the financial year.
Note: See subsection (11).
Subscription television general entertainment services
(3) If:
(a) a subscription television licensee provides more than 43 subscription television general entertainment services in a financial year beginning before 1 July 2022; and
(b) the licensee has complied with subsection 130ZV(1) in relation to at least 43 of those services for the financial year; and
(c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television general entertainment services that:
(i) are covered by paragraph (a); and
(ii) are not covered by paragraph (b);
to be exempt services for the financial year; and
(d) the total number of nominated services does not exceed the number worked out using the formula in subsection (4);
subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.
(4) The formula is:
Start formula open bracket Total number of the services covered by paragraph (3)(a) minus 43 close bracket times Exemption percentage end formula
where:
exemption percentage means the exemption percentage for the financial year.
Note: See subsection (11).
Subscription television news services
(5) If:
(a) a subscription television licensee provides more than 3 subscription television news services in a financial year beginning before 1 July 2022; and
(b) the licensee has complied with subsection 130ZV(1) in relation to at least 3 of those services for the financial year; and
(c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television news services that:
(i) are covered by paragraph (a); and
(ii) are not covered by paragraph (b);
to be exempt services for the financial year; and
(d) the total number of nominated services does not exceed the number worked out using the formula in subsection (6);
subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.
(6) The formula is:
Start formula open bracket Total number of the services covered by paragraph (5)(a) minus 3 close bracket times Exemption percentage end formula
where:
exemption percentage means the exemption percentage for the financial year.
Note: See subsection (11).
Subscription television sports services
(7) If:
(a) a subscription television licensee provides more than 7 subscription television sports services in a financial year beginning before 1 July 2022; and
(b) the licensee has complied with subsection 130ZV(1) in relation to at least 7 of those services for the financial year; and
(c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television sports services that:
(i) are covered by paragraph (a); and
(ii) are not covered by paragraph (b);
to be exempt services for the financial year; and
(d) the total number of nominated services does not exceed the number worked out using the formula in subsection (8);
subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.
(8) The formula is:
Start formula open bracket Total number of the services covered by paragraph (7)(a) minus 7 close bracket times Exemption percentage end formula
where:
exemption percentage means the exemption percentage for the financial year.
Note: See subsection (11).
Subscription television music services
(9) If:
(a) a subscription television licensee provides more than 6 subscription television music services in a financial year beginning before 1 July 2022; and
(b) the licensee has complied with subsection 130ZV(1) in relation to at least 6 of those services for the financial year; and
(c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television music services that:
(i) are covered by paragraph (a); and
(ii) are not covered by paragraph (b);
to be exempt services for the financial year; and
(d) the total number of nominated services does not exceed the number worked out using the formula in subsection (10);
subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.
(10) The formula is:
Start formula open bracket Total number of the services covered by paragraph (9)(a) minus 6 close bracket times Exemption percentage end formula
where:
exemption percentage means the exemption percentage for the financial year.
Exemption percentage
(11) For the purposes of this section, the exemption percentage for a financial year is:
(a) in the case of the financial year beginning on 1 July 2012—100%; or
(b) in the case of the financial year beginning on 1 July 2013—100%; or
(c) in the case of the financial year beginning on 1 July 2014—100%; or
(d) in the case of the financial year beginning on 1 July 2015—80%; or
(e) in the case of the financial year beginning on 1 July 2016—80%; or
(f) in the case of the financial year beginning on 1 July 2017—60%; or
(g) in the case of the financial year beginning on 1 July 2018—60%; or
(h) in the case of the financial year beginning on 1 July 2019—40%; or
(i) in the case of the financial year beginning on 1 July 2020—40%; or
(j) in the case of the financial year beginning on 1 July 2021—20%.
Rounding
(12) If the number worked out using the formula in subsection (2), (4), (6), (8) or (10) is not a whole number, the number is to be rounded up to the nearest whole number.
Exclusion of time‑shifting services and high definition services
(13) This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:
(a) transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or
(b) simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee.
130ZY Exemption orders and target reduction orders—unjustifiable hardship
Application
(1) A subscription television licensee may apply to the ACMA for:
(a) an order (an exemption order) that exempts from subsection 130ZV(1) a specified subscription television 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 subscription television 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 (13).
(2) An application 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
(3) If an application under subsection (1) 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
(4) 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.
(5) 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 subscription television service concerned;
(c) the number of people who subscribe to the subscription television service concerned;
(d) the financial circumstances of the applicant;
(e) 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;