(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.
(2B) Each community broadcasting licence that has been transferred is also subject to the condition that the transferee must, within 7 days after the transfer, notify the ACMA of the transfer. A notification must be in accordance with a form approved in writing by the ACMA.
(3) A community broadcasting licensee may broadcast sponsorship announcements on a particular community broadcasting service. However, they must not run in total for more than:
(a) if the licensee is a community television broadcasting licensee—7 minutes in any hour of broadcasting on that service; or
(b) in any other case—5 minutes in any hour of broadcasting on that service.
(4) A community television broadcasting licensee may broadcast sponsorship announcements only during periods before programs commence, after programs end or during natural program breaks.
(5) In working out the length of time devoted to the broadcasting of sponsorship announcements, account is not to be taken of the broadcasting by a community broadcasting licensee of any of the following:
(a) material that publicises programs to be broadcast by the licensee;
(b) material that promotes the licensee’s products, services or activities for the broadcast of which the licensee does not receive any consideration in cash or in kind;
(c) community information or community promotional material for the broadcast of which the licensee does not receive any consideration in cash or in kind;
(d) sponsorship announcements consisting of moving text that is overlaid on a test pattern.
(6) Paragraph (1)(b) applies to a community broadcasting service targeted, to a significant extent, to one or more remote Indigenous communities as if the words “for which the licensee receives any consideration in cash or in kind” were inserted after “advertisements”.
Part 6—Subscription television broadcasting licences
10 Conditions applicable to subscription television broadcasting licences
(1) Each subscription television 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 under Part 9 of this Act;
(ba) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);
(bb) the licensee will comply with subsection 130V(1) (which deals with industry standards);
(d) 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;
(ea) the licensee will comply with subsection 121E(2) (section 121E is about requiring the ACMA’s permission to provide certain television services in regional areas);
(eb) if a provision of Part 9D (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee—the licensee will comply with that provision;
(f) the licensee will not broadcast a program that has been classified RC or X 18+ under the Classification (Publications, Films and Computer Games) Act 1995;
(g) the licensee will ensure that access to programs classified as “R 18+” under the Classification (Publications, Films and Computer Games) Act 1995 is restricted by disabling devices acceptable to the ACMA but will not broadcast such an “R 18+” classified program until the ACMA has completed extensive, Australia‑wide qualitative and quantitative research on community standards of taste and decency in relation to classifications for pay television and on what levels of violence and depiction of sex should be allowed, and the ACMA has recommended, and the Parliament has, by resolution of each House, approved, the broadcast of such programs;
(h) the licensee will not use its subscription broadcasting service in the commission of an offence against another Act or a law of a State or Territory;
(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 subscription television broadcasting service under the licence.
(1A) For the purposes of subparagraph (1)(e)(ii), the percentage of the Australian population covered by the television broadcasting service or services of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)) is the percentage most recently specified by the ACMA under paragraph 30(5)(a) for the licence area of the licensee's licence.
(1B) For the purposes of subparagraph (1)(e)(ii), if a program supplier for a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)) has a right to televise an event, the licensee is taken also to have the right. For this purpose, program supplier means a person who:
(a) has an agreement to supply the licensee with program material that can be televised on a commercial television broadcasting service provided by the licensee (whether or not the program material includes matter showing the event); and
(b) supplies the licensee with a substantial proportion of all the program material that is televised on a commercial television broadcasting service provided by the licensee (whether or not the material is supplied under the agreement mentioned in paragraph (a)).
(2) Each subscription television broadcasting licence is also subject to the following conditions:
(a) the licensee will remain a suitable licensee;
(b) subscription fees will continue to be the predominant source of revenue for the service.
Part 7—Services provided under class licences
11 Conditions applicable to broadcasting services provided under class licences
(1) The following conditions apply to the provision by a person of a broadcasting service under a class licence:
(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;
(ab) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the person will comply with subsection 121E(2) (section 121E is about requiring the ACMA’s permission to provide certain television services in regional areas);
(b) the person will comply with program standards applicable to the licence under Part 9 of this Act;
(ba) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);
(baa) in the case of a person who provides:
(i) a subscription radio broadcasting service; or
(ii) a subscription radio narrowcasting service; or
(iii) an open narrowcasting radio service;
transmitted using a digital modulation technique—the licensee will comply with standards under section 130AA (which deals with technical standards for digital transmission);
(bb) the licensee will comply with standards under subsection 130V(1) (which deals with industry standards);
(bc) if a provision of Part 9D (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee—the licensee will comply with that provision;
(c) the person will not use the broadcasting service in the commission of an offence against another Act or a law of a State or Territory;
(d) the person will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;
(e) the person 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 broadcasting services under the licence.
(2) The provision by a person of a subscription broadcasting service or a subscription narrowcasting service under a class licence is also subject to the condition that subscription fees will continue to be the predominant source of revenue for the service.
(4) The provision by a person of a subscription television narrowcasting service under a class licence is also subject to the condition that the licensee will not broadcast a program that has been classified RC or X 18+ under the Classification (Publications, Films and Computer Games) Act 1995.
Schedule 4—Digital television broadcasting
Note: See section 216A.
Part 1—Introduction
1 Simplified outline of this Schedule
National broadcasters who operate a transmitter are subject to restrictions regarding the services that may be transmitted in digital mode using the transmitter.
Owners and operators of broadcasting transmission towers must give digital broadcasters access to the towers for the purposes of installing or maintaining digital transmitters. Applications to the ART for review of a decision regarding access may be made by the person seeking access, or by the owner or operator of the facility to which access is sought.
2 Definitions
In this Schedule, unless the contrary intention appears:
ART means the Administrative Review Tribunal.
broadcasting transmission tower means:
(a) a tower; or
(b) a pole; or
(c) a mast; or
(d) a similar structure;
used to supply:
(e) a broadcasting service by means of radiocommunications using the broadcasting services bands; or
(f) a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.
coverage area means:
(a) a metropolitan coverage area; or
(b) a regional coverage area.
HDTV digital mode has the meaning given by clause 4A.
HDTV multi‑channelled commercial television broadcasting service has the meaning given by clause 5B.
HDTV multi‑channelled national television broadcasting service has the meaning given by clause 5D.
licence area means a licence area for a commercial television broadcasting licence.
metropolitan coverage area means an area that corresponds to a metropolitan licence area.
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.
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 sports news bulletin;
(c) 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.
primary commercial television broadcasting service, in relation to a commercial television broadcasting licence, has the meaning given by clause 41G.
primary national television broadcasting service, in relation to a national broadcaster, has the meaning given by clause 41M.
primary satellite national television broadcasting service, in relation to a national broadcaster, has the meaning given by clause 41N.
radiocommunication has the same meaning as in the Radiocommunications Act 1992.
regional coverage area means an area that corresponds to a regional licence area.
regional licence area means a licence area that is not a metropolitan licence area, but does not include the licence area of a commercial television broadcasting licence allocated under section 38C.
remote coverage area means an area that corresponds to a remote licence area.
remote licence area has the meaning given by clause 5.
satellite delivery area means an area that corresponds to the licence area of a commercial television broadcasting licence allocated under section 38C.
SDTV digital mode has the meaning given by clause 4B.
SDTV multi‑channelled commercial television broadcasting service has the meaning given by clause 5A.
SDTV multi‑channelled national television broadcasting service has the meaning given by clause 5C.
television broadcasting service means:
(a) a commercial television broadcasting service; or
(b) a national television broadcasting service.
transmitter licence has the same meaning as in the Radiocommunications Act 1992.
4 Digital mode
For the purposes of this Schedule, a program or service is broadcast or transmitted in digital mode if the program or service is broadcast or transmitted using a digital modulation technique.
4A HDTV digital mode
For the purposes of this Schedule, a television program or a television broadcasting service is broadcast or transmitted in HDTV digital mode if the program or service is broadcast or transmitted in digital mode in a high definition format.
4B SDTV digital mode
For the purposes of this Schedule, a program or a television broadcasting service is broadcast or transmitted in SDTV digital mode if the program or service is broadcast or transmitted in digital mode in a standard definition format.
5 Remote licence area
(1) The ACMA may, by legislative instrument, determine that a specified licence area is a remote licence area for the purposes of this Schedule.
(1A) Subclause (1) does not apply to the licence area of a commercial television broadcasting licence allocated under section 38C.
(2) A determination under this clause has effect accordingly.
5A SDTV multi‑channelled commercial television broadcasting service
For the purposes of this Schedule, a commercial television broadcasting service is a SDTV multi‑channelled commercial television broadcasting service if:
(a) the service is provided by a commercial television broadcasting licensee; and
(b) the service is transmitted in SDTV digital mode:
(i) using multi‑channelling transmission capacity; or
(ii) with the use of a satellite; and
(c) the service is promoted as a service that is distinct from any other commercial television broadcasting service provided by the licensee.
5B HDTV multi‑channelled commercial television broadcasting service
For the purposes of this Schedule, a commercial television broadcasting service is a HDTV multi‑channelled commercial television broadcasting service if:
(a) the service is provided by a commercial television broadcasting licensee; and
(b) the service is transmitted in HDTV digital mode:
(i) using multi‑channelling transmission capacity; or
(ii) with the use of a satellite; and
(c) the service is promoted as a service that is distinct from any other commercial television broadcasting service provided by the licensee.
5C SDTV multi‑channelled national television broadcasting service
(1) For the purposes of this Schedule, a national television broadcasting service is a SDTV multi‑channelled national television broadcasting service if:
(a) the service is provided by:
(i) the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or
(ii) the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; and
(b) the service is transmitted in SDTV digital mode:
(i) using multi‑channelling transmission capacity; or
(ii) with the use of a satellite; and
(c) the service is promoted as a service that is distinct from any other national television broadcasting service provided by the Corporation concerned; and
(d) the Corporation concerned has given the Minister a written notice electing that this subclause apply to the service.
(4) Paragraph (1)(d) does not apply to a national television broadcasting service provided with the use of a satellite.
5D HDTV multi‑channelled national television broadcasting service
For the purposes of this Schedule, a national television broadcasting service is a HDTV multi‑channelled national television broadcasting service if:
(a) the service is provided by:
(i) the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or
(ii) the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; and
(b) the service is transmitted in HDTV digital mode:
(i) using multi‑channelling transmission capacity; or
(ii) with the use of a satellite; and
(c) the service is promoted as a service that is distinct from any other national television broadcasting service provided by the Corporation concerned.
Part 3—ABC/SBS television
36 Digital transmitter not to be used to provide a subscription television broadcasting service etc.
If a national broadcaster holds a transmitter licence that authorises the operation of a transmitter for transmitting national television broadcasting services in digital mode, the national broadcaster must not operate, or permit the operation of, that transmitter to transmit in digital mode:
(a) a commercial broadcasting service that provides radio programs; or