(i) if subparagraph (b)(i) applies—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 terrestrial licensee; or
(ii) if subparagraph (b)(ii) applies—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 terrestrial licensee; and
(d) the ACMA considers that it is not technically feasible for the licensee of the section 38C licence to provide the required service;
the ACMA may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service.
Note: For terrestrial licence area, see clause 7L.
7F Exemption—commercial television broadcasting services with the same program content
(1) If:
(a) a commercial television broadcasting licensee (the terrestrial licensee) for a terrestrial licence area provides, or proposes to commence to provide:
(i) a HDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or
(ii) a SDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and
(b) the program content of the service provided, or to be provided, by the terrestrial licensee is, or will be:
(i) the same; or
(ii) substantially the same;
as the program content of another commercial television broadcasting service provided, or to be provided, by the terrestrial licensee; and
(c) apart from this subclause, the licensee of a section 38C licence is, or will be, required to provide:
(i) if subparagraph (a)(i) applies—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 terrestrial licensee; or
(ii) if subparagraph (a)(ii) applies—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 terrestrial licensee;
the Minister may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service during a period specified in the determination.
(2) The specified period must not be longer than 2 years.
(3) The Minister may, by legislative instrument, extend or further extend the specified period.
(4) Before making:
(a) a determination under subclause (1); or
(b) an instrument under subclause (3);
the Minister must consult:
(c) the section 38C licensee concerned; and
(d) the ACMA.
Note: For terrestrial licence area, see clause 7L.
7G Delay in commencement of new commercial television broadcasting services
For the purposes of this Division, if:
(a) a licence is allocated under section 38C; and
(b) a commercial television broadcasting licensee (the terrestrial licensee) for a terrestrial licence area commences to provide:
(i) a HDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or
(ii) a SDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and
(c) the licensee of the section 38C licence is required to provide:
(i) if subparagraph (b)(i) applies—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 terrestrial licensee; or
(ii) if subparagraph (b)(ii) applies—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 terrestrial licensee; and
(d) there is a delay in the provision of the required service;
disregard the delay so long as the delay is as short as is practicable.
Note: For terrestrial licence area, see clause 7L.
7J Program content
(1) In determining, for the purposes of this Division, 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.
(2) In determining, for the purposes of clause 7B of this Schedule, whether the program content of a commercial television broadcasting service 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.
7L Definitions
In this Division:
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 terrestrial 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 terrestrial 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 terrestrial 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.
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.
Part 4—Commercial radio broadcasting licences
8 Standard conditions of commercial radio broadcasting licences
(1) Each commercial radio broadcasting licence is subject to the following conditions:
(a) the licensee will not, in contravention of the Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement within the meaning of that Act;
(b) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;
(ba) if the licensee provides a digital commercial radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);
(bb) the licensee will comply with subsection 130V(1) (which deals with industry standards);
(c) the articles of association of the licensee will at all times contain:
(i) provisions under which a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of this Act; and
(ii) provisions under which the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of this Act continuing or of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in subparagraph (iii) or (iv); and
(iii) provisions under which a person who becomes the holder of shares in the licensee is required to provide to the company a statutory declaration stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares and stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of another licence, and giving particulars of any such position; and
(iv) provisions under which a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to his or her eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of this Act;
(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;
(e) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee’s broadcasting facilities, allow those persons access to and control over those facilities;
(f) if:
(i) the licence is a broadcasting services bands licence; and
(ii) the licence authorises the licensee to provide an analog commercial radio broadcasting service;
the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises the operation by the licensee of the radiocommunications devices used to provide that service;
(g) the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;
(h) the licensee will commence to provide at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;
(i) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;
(j) the licensee will comply with a requirement that is applicable to the licensee under section 61BD or 61BE (which deal with the disclosure of cross‑media relationships);
(k) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial radio broadcasting service under the licence unless the service is a digital commercial radio broadcasting service.
(2) Each commercial radio broadcasting licence is also subject to the following conditions:
(a) the licensee will provide a service or services that, when considered together with other broadcasting services available in the licence area of the licence (including another service or services operated by the licensee), contributes to the provision of an adequate and comprehensive range of broadcasting services in that licence area;
(b) the licensee will remain a suitable licensee;
(c) if a requirement under Division 5C of Part 5 (which sets out local news and information requirements) applies to the licensee—the licensee will comply with that requirement.
(3) Each commercial radio broadcasting licence is also subject to the condition that the licensee will not provide commercial radio broadcasting services under the licence outside the licence area of the licence unless:
(a) the provision of those services outside that licence area occurs accidentally; or
(b) the provision of those services outside that licence area occurs as a necessary result of the provision of commercial radio broadcasting services within the licence area; or
(c) both:
(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and
(ii) the ACMA has given permission in writing; or
(d) all of the following subparagraphs apply:
(i) the first‑mentioned licensee satisfies the ACMA that there is a person (the eligible person) who is in a commercial radio broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a commercial radio broadcasting service or services provided by a commercial radio broadcasting licensee for the second licence area;
(ii) the provision of the first‑mentioned services outside the first‑mentioned licence area occurs only to the extent necessary to provide adequate reception of the first‑mentioned services to the eligible person;
(iii) the ACMA has given permission in writing.
Part 5—Community broadcasting licences
9 Conditions applicable to services provided under community broadcasting licences
(1) Each community broadcasting licence is subject to the following conditions:
(a) the licensee will not, in contravention of the Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement within the meaning of that Act;
(b) the licensee will not broadcast advertisements, and the licensee will not broadcast sponsorship announcements otherwise than as mentioned in this clause;
(c) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;
(ca) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);
(caa) if the licensee provides a digital community radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);
(cb) the licensee will comply with subsection 130V(1) (which deals with industry standards);
(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;
(e) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee’s broadcasting facilities, allow those persons access to and control over those facilities;
(f) the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;
(h) the licensee will commence the provision of at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;
(i) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;
(j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a community broadcasting service under the licence unless the service is a digital community radio broadcasting service;
(k) if a television licence area plan applies to the licence area—the licensee will comply with subsection 26AA(3).
(2) Each community broadcasting licence is also subject to the following conditions:
(a) the licensee will remain a suitable licensee;
(b) the licensee will continue to represent the community interest that it represented at the time when the licence was allocated or was last renewed;
(c) the licensee will encourage members of the community that it serves to participate in:
(i) the operations of the licensee in providing the service or services; and
(ii) the selection and provision of programs under the licence;
(d) the licensee will provide the service or services for community purposes;
(e) the licensee will not operate the service or services for profit or as part of a profit‑making enterprise.
(2AA) Paragraph (2)(e) does not prevent a designated community radio broadcasting licensee from holding shares in a digital community radio broadcasting representative company (within the meaning of the Radiocommunications Act 1992).
(2A) Each community broadcasting licence is also subject to the condition that the licensee will not provide community broadcasting services under the licence outside the licence area of the licence unless:
(a) the provision of those services outside that licence area occurs accidentally; or
(b) the provision of those services outside that licence area occurs as a necessary result of the provision of community broadcasting services within the licence area; or
(c) both:
(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and
(ii) the ACMA has given permission in writing; or
(d) all of the following subparagraphs apply:
(i) the first‑mentioned licensee satisfies the ACMA that there is a person (the eligible person) who is in a community broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a community broadcasting service or services provided by a community broadcasting licensee for the second licence area;