(3) For the purposes of this Division, none of the following television programs is a category B television program:
(a) an information‑only program;
(b) an educational program;
(c) a foreign‑language news or current affairs program.
ACMA genre determinations
(4) The ACMA may, by legislative instrument, make a determination providing that, for the purposes of this Division, a specified television program or specified matter is taken to be a category B television program covered by a specified paragraph of subclause (1).
(5) The ACMA may, by legislative instrument, make a determination providing that, for the purposes of this Division, a specified television program or specified matter is taken not to be a category B television program covered by a specified paragraph of subclause (1).
(6) A determination under subclause (4) or (5) has effect accordingly.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
16 Condition relating to category B television programs
(1) Each datacasting licence is subject to the condition that the licensee will not transmit matter that, if it were broadcast on a commercial television broadcasting service, would be:
(a) a category B television program; or
(b) an extract from a category B television program.
(2) The condition set out in subclause (1) does not prevent the licensee from transmitting a bulletin, or program, (whether presenter‑based or not), so long as:
(a) the bulletin or program is not longer than 10 minutes; and
(b) if:
(i) an earlier bulletin or program covered by subclause (1) was transmitted by the licensee; and
(ii) the content of the first‑mentioned bulletin or program differs in any respect from the content of the earlier bulletin or program;
the interval between the start of the transmission of the earlier bulletin or program and the start of the transmission of the first‑mentioned bulletin or program is at least 30 minutes; and
(c) the bulletin or program is not combined with one or more other bulletins or programs in such a way that the bulletins or programs together constitute a bulletin or program longer than 10 minutes; and
(d) having regard to:
(i) the nature of the bulletin or program; and
(ii) the circumstances in which the bulletin or program is provided;
it would be concluded that the licensee did not intend that the bulletin or program be combined with one or more other bulletins or programs in such a way that the bulletins or programs together constitute a bulletin or program longer than 10 minutes.
(3) The condition set out in subclause (1) does not prevent the licensee from transmitting a bulletin or program, so long as:
(a) the bulletin or program is not a presenter‑based bulletin or program; and
(b) one of the following applies:
(i) the bulletin or program consists of a single item of news (including a single item of sports news);
(ii) the bulletin or program is a financial, market or business information bulletin or program that deals with a single topic;
(iia) the bulletin or program is a compilation of items, the subject of which is the same or directly related, and is not longer than 10 minutes;
(iii) the bulletin or program is a weather bulletin or program; and
(c) the bulletin or program can only be accessed by an end‑user who makes a selection from an on‑screen menu.
(4) In this clause:
presenter‑based bulletin or program means a bulletin or program that consists of, or includes, a combination of:
(a) introductory or closing segments, or both, spoken by a host, or an anchor presenter, who is visible on the screen; and
(b) video images (whether or not with accompanying sound).
(5) If, because of subclause (2) or (3) of this clause, a datacasting licensee can transmit matter without breaching the condition set out in subclause (1) of this clause, the condition set out in subclause 14(1) does not prevent the licensee from transmitting that matter.
17 Genre conditions do not apply to Parliamentary proceedings etc.
The conditions set out in clauses 14 and 16 do not prevent a datacasting licensee from transmitting live matter that consists of:
(a) the proceedings of, or the proceedings of a committee of, a Parliament; or
(b) the proceedings of a court or tribunal in Australia; or
(c) the proceedings of an official inquiry or Royal Commission in Australia; or
(d) a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory.
18 Genre conditions do not apply to matter that consists of no more than text or still visual images etc.
(1) The conditions set out in clauses 14 and 16 do not prevent a datacasting licensee from transmitting matter that consists of no more than:
(a) text; or
(b) text accompanied by associated sounds; or
(c) still visual images; or
(d) still visual images accompanied by associated sounds; or
(e) any combination of matter covered by the above paragraphs; or
(f) any combination of:
(i) matter that is covered by any of the above paragraphs (the basic matter); and
(ii) animated images (with or without associated sounds);
where:
(iii) having regard to the substance of the animated images, it would be concluded that the animated images are ancillary or incidental to the basic matter; or
(iv) the animated images consist of advertising or sponsorship material.
(2) In determining the meaning of the expressions television or television program, when used in a provision of this Act, subclause (1) is to be disregarded.
18A Genre conditions do not apply to advertising or sponsorship material
The conditions set out in clauses 14 and 16 do not prevent a datacasting licensee from transmitting advertising or sponsorship material.
19 Genre conditions do not apply to interactive computer games
(1) The conditions set out in clauses 14 and 16 do not prevent a datacasting licensee from providing an interactive computer game.
(2) In determining the meaning of the expressions television or television program, when used in a provision of this Act, subclause (1) is to be disregarded.
20 Genre conditions do not apply to internet carriage services or ordinary email
(1) The conditions set out in clauses 14 and 16 do not apply to:
(a) the transmission of so much of a datacasting service as consists of an internet carriage service (other than a declared internet carriage service); or
(b) the transmission of ordinary email.
(2) In determining the meaning of the expressions television or television program, when used in a provision of this Act, subclause (1) is to be disregarded.
20AA Genre conditions do not apply to certain content copied from the internet
(1) The conditions set out in clauses 14 and 16 do not apply to the transmission of matter if:
(a) the matter is content that has been copied from the internet; and
(b) the content is selected by the datacasting licensee concerned; and
(c) there is in force an exemption order under subclause 27A(1) in relation to the transmission of the matter.
(2) In determining the meaning of the expressions television or television program, when used in a provision of this Act, subclause (1) is to be disregarded.
Division 2—Audio content condition
21 Audio content condition
(1) Each datacasting licence is subject to the condition that the licensee will not transmit matter that, if it were broadcast on a commercial radio broadcasting service, would be a designated radio program.
Designated radio program
(2) For the purposes of this clause, a designated radio program is a radio program other than:
(a) an information‑only program; or
(b) an educational program; or
(c) a foreign‑language news or current affairs program.
(3) Subclause (2) has effect subject to subclauses (4) and (5).
ACMA determinations
(4) The ACMA may, by legislative instrument, make a determination providing that, for the purposes of this clause, a specified radio program or specified matter is taken to be a designated radio program.
(5) The ACMA may, by legislative instrument, make a determination providing that, for the purposes of this clause, a specified radio program or specified matter is taken not to be a designated radio program.
(6) A determination under subclause (4) or (5) has effect accordingly.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Condition does not apply to incidental or background audio content
(8A) The condition set out in subclause (1) does not apply to the transmission of audio content that is incidental to, or provided as background to, matter displayed on the screen.
Condition does not apply to internet carriage services
(9) The condition set out in subclause (1) does not apply to the transmission of so much of a datacasting service as consists of an internet carriage service (other than a declared internet carriage service).
Condition does not apply to certain content copied from the internet
(10) The condition set out in subclause (1) does not apply to the transmission of matter if:
(a) the matter is content that has been copied from the internet; and
(b) the content is selected by the datacasting licensee concerned; and
(c) there is in force an exemption order under subclause 27A(1) in relation to the transmission of the matter.
22 Audio content condition does not apply to Parliamentary proceedings etc.
The condition set out in clause 21 does not prevent a datacasting licensee from transmitting live audio content that consists of:
(a) the proceedings of, or the proceedings of a committee of, a Parliament; or
(b) the proceedings of a court or tribunal in Australia; or
(c) the proceedings of an official inquiry or Royal Commission in Australia; or
(d) a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory.
23 Audio content condition does not apply to matter that consists of no more than text or still visual images etc.
(1) The condition set out in clause 21 does not prevent a datacasting licensee from transmitting matter that consists of no more than:
(a) text; or
(b) text accompanied by associated sounds; or
(c) still visual images; or
(d) still visual images accompanied by associated sounds; or
(e) any combination of matter covered by the above paragraphs; or
(f) any combination of:
(i) matter that is covered by any of the above paragraphs (the basic matter); and
(ii) animated images (with or without associated sounds);
where:
(iii) having regard to the substance of the animated images, it would be concluded that the animated images are ancillary or incidental to the basic matter; or
(iv) the animated images consist of advertising or sponsorship material.
(2) In determining the meaning of the expressions radio or radio program, when used in a provision of this Act, subclause (1) is to be disregarded.
23A Audio content condition does not apply to advertising or sponsorship material
The condition set out in clause 21 does not prevent a datacasting licensee from transmitting advertising or sponsorship material.
Division 2A—Genre conditions: anti‑avoidance
23B Anti‑avoidance—declared internet carriage services
(1) If:
(a) the whole or a part of a datacasting service provided under a datacasting licence consists of an internet carriage service; and
(b) one or more persons enter into, begin to carry out, or carry out, a scheme; and
(c) the ACMA is of the opinion that the person, or any of the persons, who entered into, began to carry out, or carried out, the scheme did so for the sole or dominant purpose of avoiding the application to the licensee of Division 1 or 2;
the ACMA may, by writing, determine that, for the purposes of the application of this Schedule to the licensee, the internet carriage service is a declared internet carriage service.
(2) The person, or any of the persons, referred to in paragraphs (1)(b) and (c) may be the licensee.
(3) A determination under subclause (1) has effect accordingly.
(4) In this clause:
scheme means:
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.
Division 3—Other conditions
24 General conditions
(1) Each datacasting licence is subject to the following conditions:
(a) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5 of Schedule 2 (as modified by subclause (4) of this clause);
(b) the licensee will not, in contravention of the Public Health (Tobacco and Other Products) Act 2023, transmit a tobacco advertisement or an e‑cigarette advertisement within the meaning of that Act;
(c) the licensee will comply with standards applicable to the licence under clause 31;
(ca) the licensee will comply with any standards under section 130A (which deals with technical standards for digital transmission);
(d) the licensee will not use the datacasting service in the commission of an offence against another Act or a law of a State or Territory;
(e) the licensee will not transmit datacasting content that has been classified as RC or X 18+ under the Classification (Publications, Films and Computer Games) Act 1995;
(f) the licensee will not transmit datacasting content that has been classified R 18+ under the Classification (Publications, Films and Computer Games) Act 1995 unless:
(i) the content has been modified as mentioned in paragraph 28(4)(b); or
(ii) access to the program is subject to a restricted access system (within the meaning of clause 27);
(g) the licensee will comply with subsection 130V(1) (which deals with industry standards);
(h) if the whole or a part of the datacasting service consists of an internet carriage service—the licensee will comply with a service provider rule (within the meaning of the Online Safety Act 2021) that is applicable to the licensee in relation to the internet carriage service;
(i) 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 datacasting service under the licence.
(2) The conditions set out in paragraphs (1)(a), (c), (e) and (f) do not apply in relation to:
(a) the transmission of so much of a datacasting service as consists of an internet carriage service; or
(b) the transmission of ordinary email.
(3) The condition set out in paragraph (1)(b) does not apply in relation to the transmission of ordinary email.
(4) Clauses 3, 3A, 3B, 4 and 5 of Schedule 2 apply to datacasting services provided under datacasting licences in a corresponding way to the way in which those clauses apply to broadcasting services, and, in particular, those clauses have effect as if:
(a) a reference in those clauses to a person providing broadcasting services under a class licence included a reference to a person who is a datacasting licensee; and
(b) a reference in those clauses to a broadcasting service included a reference to a datacasting service; and
(c) a reference in those clauses to broadcast included a reference to provide on a datacasting service; and
(d) subclause 4(2) of Schedule 2 were not applicable to political matter provided under a datacasting licence, where the political matter consists of no more than:
(i) text; or
(ii) still visual images; or
(iii) any combination of matter covered by the above subparagraphs; and
(e) clause 4 of Schedule 2 also provided that, if a datacasting licensee provides on a datacasting service, at the request of another person, political matter that consists of no more than:
(i) text; or
(ii) still visual images; or
(iii) any combination of matter covered by the above subparagraphs;
the licensee must also cause to be displayed to end‑users the required particulars in relation to the political matter in a form approved in writing by the ACMA.
(5) Subclause (4) does not apply to:
(a) the transmission of so much of a datacasting service as consists of an internet carriage service; or
(b) the transmission of ordinary email.
25 Suitability condition
(1) Each datacasting licence is subject to the condition that the licensee will remain a suitable licensee.
(2) For the purposes of this clause, a person is a suitable licensee if the ACMA has not decided that subclause (3) applies to the person.
(3) The ACMA may, if it is satisfied that allowing a particular person to provide, or continue to provide, datacasting services under a datacasting licence would lead to a significant risk of:
(a) an offence against this Act or the regulations being committed; or
(b) a breach of the conditions of the licence occurring;
decide that this subclause applies to the person.
(4) In deciding whether such a risk exists, the ACMA is to take into account:
(a) the business record of the person; and
(b) the person’s record in situations requiring trust and candour; and
(c) the business record of each person who is in a position to control the licence; and
(d) the record in situations requiring trust and candour of each such person; and
(e) whether the first‑mentioned person, or a person referred to in paragraph (c) or (d), has been convicted of an offence against this Act or the regulations.
(5) This clause does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
26 Additional conditions imposed by the ACMA
(1) The ACMA may, by written notice given to a datacasting licensee:
(a) impose an additional condition on the licence; or
(b) vary or revoke a condition of the licence imposed under this clause.