(4) The Minister may, by notifiable instrument, specify one or more matters for the purposes of subsection (3).
Consultation
(5) In conducting the review, the ACMA must make provision for public consultation.
Report
(6) The ACMA must give the Minister a report of the review before 1 July 2021.
(7) The Minister must cause copies of a report under subsection (6) to be tabled in each House of the Parliament within 15 sittings days of that House after receiving the report.
216C Schedule 6 (datacasting services)
Schedule 6 has effect.
216D Schedule 7 (content services)
Schedule 7 has effect.
216E Schedule 8 (online content services)
Schedule 8 has effect.
217 Regulations
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may prescribe penalties, not exceeding 250 penalty units for a company or 50 penalty units for a natural person, for offences against the regulations.
218 Channel sharing
(1) The regulations may make provision for the allocation by the ACMA of additional commercial television broadcasting licences, commercial radio broadcasting licences and community broadcasting licences on the application of an existing licensee.
(2) Those additional licences are:
(a) to be allocated to a person other than the licensee; and
(b) to allow the provision of broadcasting services with the use of the same part of the broadcasting services bands or other means of delivery as is used by the licensee.
(3) The provisions of this Act, other than the provisions dealing with advertising for or allocating licences, apply to those additional licences.
(4) If such an additional licence would use a part of the broadcasting services bands being used by a community broadcasting licensee, services under that licence can only be provided with the approval of the ACMA.
Commonwealth Coat of Arms of Australia
Broadcasting Services Act 1992
No. 110, 1992
Compilation No. 113
Compilation date: 5 December 2025
Includes amendments: Act No. 71, 2025
This compilation is in 2 volumes
Volume 1: sections 1‑218
Volume 2: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Broadcasting Services Act 1992 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Schedule 1—Control and ownership of company interests
Part 1—Introduction
1 Control—general
Part 2—When person is in a position to exercise control
2 When person is in a position to exercise control
3 When person is in a position to exercise control of a newspaper
4 Special provisions for authorised lenders
Part 3—Deemed control
5 Explanation of examples
6 The 15% rule
7 Application of method through chain of companies
Part 4—Tracing of ownership
8 Tracing of ownership
Schedule 2—Standard conditions
Part 1—Interpretation
1 Definitions
2 Interpretation—certain things do not amount to broadcasting of advertisements
Part 2—Special conditions
3 Broadcasting of political or controversial material
3A Broadcasting of election advertisements
3B Broadcasting of referendum advertisements
4 Identification of certain political matter
5 Records of matter broadcast
Part 3—Commercial television broadcasting licences
Division 1—General
7 Conditions of commercial television broadcasting licences
Division 2—Licences allocated under section 38C
7A Common conditions
7B Conditions about the provision of primary commercial television broadcasting services
7C Conditions about the provision of non‑primary commercial television broadcasting services
7D Condition about the provision of local news services
7E Exemption—provision of new commercial television broadcasting services not technically feasible
7F Exemption—commercial television broadcasting services with the same program content
7G Delay in commencement of new commercial television broadcasting services
7J Program content
7L Definitions
Part 4—Commercial radio broadcasting licences
8 Standard conditions of commercial radio broadcasting licences
Part 5—Community broadcasting licences
9 Conditions applicable to services provided under community broadcasting licences
Part 6—Subscription television broadcasting licences
10 Conditions applicable to subscription television broadcasting licences
Part 7—Services provided under class licences
11 Conditions applicable to broadcasting services provided under class licences
Schedule 4—Digital television broadcasting
Part 1—Introduction
1 Simplified outline of this Schedule
2 Definitions
4 Digital mode
4A HDTV digital mode
4B SDTV digital mode
5 Remote licence area
5A SDTV multi‑channelled commercial television broadcasting service
5B HDTV multi‑channelled commercial television broadcasting service
5C SDTV multi‑channelled national television broadcasting service
5D HDTV multi‑channelled national television broadcasting service
Part 3—ABC/SBS television
36 Digital transmitter not to be used to provide a subscription television broadcasting service etc.
Part 4A—Primary television broadcasting services
Division 1—Commercial television broadcasting services
41G Primary commercial television broadcasting service
Division 2—National television broadcasting services
41M Primary national television broadcasting service
41N Primary satellite national television broadcasting service
Part 5—Transmitter access regime
42 Simplified outline
43 Definitions
43A Designated associated facilities
44 Extended meaning of access
45 Access to broadcasting transmission towers
45A Access to designated associated facilities
46 Access to sites of broadcasting transmission towers
47 Terms and conditions of access
48 Code relating to access
49 Arbitration—acquisition of property
50 Relationship between this Part and the National Transmission Network Sale Act 1998
Part 10—Review of decisions
62 Review by the ART
63 Notification of decisions to include notification of reasons and appeal rights
Schedule 6—Datacasting services
Part 1—Introduction
1 Simplified outline
2 Definitions
2A Designated datacasting service
3 Educational programs
4 Information‑only programs
5 Foreign‑language news or current affairs programs
6 Datacasting content is taken not to be a television program or a radio program etc.
Part 2—Datacasting licences
7 Allocation of datacasting licence
8 When datacasting licence must not be allocated
9 Unsuitable applicant
10 Transfer of datacasting licences
11 Surrender of datacasting licences
12 ACMA to maintain Register of datacasting licences
Part 3—Conditions of datacasting licences
Division 1—Genre conditions
13 Category A television programs
14 Condition relating to category A television programs
15 Category B television programs
16 Condition relating to category B television programs
17 Genre conditions do not apply to Parliamentary proceedings etc.
18 Genre conditions do not apply to matter that consists of no more than text or still visual images etc.
18A Genre conditions do not apply to advertising or sponsorship material
19 Genre conditions do not apply to interactive computer games
20 Genre conditions do not apply to internet carriage services or ordinary email
20AA Genre conditions do not apply to certain content copied from the internet
Division 2—Audio content condition
21 Audio content condition
22 Audio content condition does not apply to Parliamentary proceedings etc.
23 Audio content condition does not apply to matter that consists of no more than text or still visual images etc.
23A Audio content condition does not apply to advertising or sponsorship material
Division 2A—Genre conditions: anti‑avoidance
23B Anti‑avoidance—declared internet carriage services
Division 3—Other conditions
24 General conditions
25 Suitability condition
26 Additional conditions imposed by the ACMA
27 Restricted access system
Division 4—Exemption orders for content copied from the internet
27A Exemption orders in relation to content copied from the internet
Part 4—Codes of practice
28 Development of codes of practice
30 ACMA to maintain Register of codes of practice
31 ACMA may determine standards where codes of practice fail or where no code of practice developed
32 Consultation on standards
33 Notification of determination or variation or revocation of standards
34 Limitation of ACMA’s power in relation to standards
35 This Part does not apply to internet carriage services or ordinary email
35A This Part does not apply to the ABC or SBS
Part 5—Complaints to the ACMA about datacasting services
36 Complaints about offences or breach of licence conditions
37 Complaints under codes of practice
38 Investigation of complaints by the ACMA
Part 8—Remedies for breaches of licensing provisions
Division 1—Providing a designated datacasting service without a licence
49 Prohibition on providing a designated datacasting service without a licence
52A Civil penalty provision relating to breach of conditions of datacasting licences
53 Remedial directions—breach of conditions
54 Suspension and cancellation
55 Injunctions
56 Federal Court’s powers relating to injunctions
57 Stay of proceedings relating to additional licence conditions, remedial directions and suspension/cancellation decisions
Part 9—Review of decisions
58 Review by the Administrative Review Tribunal
59 Notification of decisions to include notification of reasons and appeal rights
Schedule 7—Content services definitions
1 Purpose of this Schedule
2 Definitions
5 Content service provider
7 When content service is provided to the public etc.
9 Services supplied by way of a voice call or video call
12 Re‑transmitted broadcasting services
13 Re‑transmitted datacasting services
17 Extended meaning of use
Schedule 8—Online content services
Part 1—Introduction
1 Simplified outline of this Schedule
2 Definitions
3 Online content service
4 Exempt online simulcast service
5 Geographical link to Australia
6 Online content service provider
7 When content is provided on an online content service
8 When a service is provided to the public etc.
9 Extended meaning of using
10 Extra‑territorial application
Part 2—Online content service provider rules
11 Online content service provider rules
12 Administrative decisions
Part 3—Gambling promotional content
Division 1—Online content service provider rules relating to gambling promotional content
13 Gambling promotional content
14 Accidental or incidental provision of gambling promotional content
15 Individual exemptions from online content service provider rules
16 Class exemptions from online content service provider rules
Division 2—Interpretive provisions
17 When a part of an online content service is taken to be an online content service in its own right
18 Gambling service
19 Sporting event
20 Live coverage of a sporting event
21 Gambling promotional content provided in conjunction with live coverage of a sporting event
22 Scheduled start of a sporting event
23 Conclusion of a sporting event
Part 4—Complaints
24 Complaints to ACMA—online content service provider rules
Part 5—Enforcement
25 Compliance with the online content service provider rules
26 Remedial directions—breach of the online content service provider rules
Part 6—Miscellaneous
27 Minister may direct the ACMA about the exercise of its powers
28 Service of notices by electronic means
29 Service of summons, process or notice on corporations incorporated outside Australia
30 This Schedule does not limit Part 9 of the Online Safety Act 2021
32 Implied freedom of political communication
33 Acquisition of property
34 Concurrent operation of State and Territory laws
35 Schedule not to affect performance of State or Territory functions
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Schedule 1—Control and ownership of company interests
Part 1—Introduction
1 Control—general
(1) This Schedule is intended to provide a means of finding out who is in a position to exercise control of commercial television broadcasting licences, commercial radio broadcasting licences, subscription television broadcasting licences, international broadcasting licences, newspapers and companies and a means of tracing company interests.
This Schedule recognises that the concept of control of a licence, a newspaper or a company can be a complex one.
The holding of company interests is not the only way to be in a position to exercise control. Clauses 2 and 3 set out the rules for deciding when a position to exercise control exists. While company interests may be important in deciding that question, they are only one issue. In some cases, it may be important to look at agreements and arrangements between people and at accustomed courses of conduct between people. In this respect, the definition of associate in section 6 of this Act is important.
A person who has company interests exceeding 15% in a company is regarded as being in a position to control the company.
Control of a company may also come about through company interests of 15% or less. This could happen where a person holds company interests of say 10% but no other person holds company interests of more than say 2% and those other persons do not act in concert.
A person may be in a position to exercise control of only the media activities of a licensee or a newspaper, but that position is nevertheless to be regarded as a position to exercise control of the licence or the newspaper.
(2) Because of the complexities involved in this area, it is not possible to provide rules which will give a definite answer in all cases. Therefore, the ACMA is given a monitoring role over the broadcasting industry and suitable powers of investigation in order to reach a conclusion as to whether a person is in a position to exercise control or not. In order to provide certainty for persons involved in those industries, the ACMA is also given, under section 74, a power to give a binding opinion on the question of control.
Part 2—When person is in a position to exercise control
2 When person is in a position to exercise control
(1) For the purposes of this Schedule, a person is in a position to exercise control of a licence or a company if:
(a) the person, either alone or together with an associate of the person, is in a position to exercise control of the licensee or the company; or
(b) in the case of a licence:
(i) the person is the licensee; or
(ii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of the selection or provision of a significant proportion of the programs broadcast by the licensee; or
(iii) the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the licensee in providing broadcasting services under the licence; or
(c) in the case of a non‑licensee company—the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the company; or
(d) the person, either alone or together with an associate of the person, is in a position to:
(i) veto any action taken by the board of directors of the licensee or the company; or
(ii) appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the licensee or the company; or
(iii) exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the licensee or the company; or