exempt Parliamentary content service means a service to the extent to which it delivers, or provides access to, content that consists of Parliamentary proceedings.
exempt point‑to‑point content service means a service that:
(a) delivers content by:
(i) email; or
(ii) instant messaging; or
(iii) SMS; or
(iv) MMS;
where the content is produced or packaged by the provider of the service; and
(b) does not specialise in content that is content that is class 1 material or content that is class 2 material covered by paragraph 107(1)(a), (b), (c), (d) or (e) of the Online Safety Act 2021; and
(c) is not an adult chat service; and
(d) is not provided on payment of a fee (whether periodical or otherwise); and
(e) is not a service specified in the regulations; and
(f) complies with such other requirements (if any) as are specified in the regulations.
Note 1: SMS is short for short message service.
Note 2: MMS is short for multimedia message service.
Note 3: For specification by class, see subsection 13(3) of the Legislation Act 2003.
licensed broadcasting service means a broadcasting service provided in accordance with:
(a) a licence allocated by the ACMA under this Act; or
(b) a class licence determined by the ACMA under this Act.
licensed datacasting service means a datacasting service provided by the holder of a datacasting licence that authorises the provision of that service.
official‑inquiry proceedings means words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of:
(a) a Royal Commission; or
(b) an official inquiry;
and includes:
(c) evidence given before the Royal Commission or official inquiry; and
(d) a document presented or submitted to the Royal Commission or official inquiry; and
(e) a document issued or published by, or with the authority of, the Royal Commission or official inquiry.
Parliamentary proceedings means words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of:
(a) a Parliament; or
(b) a legislature; or
(c) a committee of a Parliament or legislature;
and includes:
(d) evidence given before the Parliament, legislature or committee; and
(e) a document presented or submitted to the Parliament, legislature or committee; and
(f) a document issued or published by, or with the authority of, the Parliament, legislature or committee.
re‑transmitted broadcasting service has the meaning given by clause 12.
re‑transmitted datacasting service has the meaning given by clause 13.
service includes a website or a distinct part of a website.
voice call includes:
(a) if a voice call is not practical for a particular end‑user with a disability—a call that is equivalent to a voice call; and
(b) a call that involves a recorded or synthetic voice.
5 Content service provider
(1) For the purposes of this Schedule, a person does not provide a content service merely because the person supplies a carriage service that enables content to be delivered or accessed.
(2) For the purposes of this Schedule, a person does not provide a content service merely because the person provides a billing service, or a fee collection service, in relation to a content service.
7 When content service is provided to the public etc.
(1) For the purposes of this Schedule, a content service is provided to the public if, and only if, the service is provided to at least one person outside the immediate circle of the person who provides the service.
(2) For the purposes of this Schedule, a content service that is provided to the public is taken to be different from a content service that is not provided to the public, even if the content provided by the services is identical.
9 Services supplied by way of a voice call or video call
If a service is supplied by way of:
(a) a voice call made using a carriage service; or
(b) a video call made using a carriage service;
the service is taken, for the purposes of this Schedule, to be a content service that allows end‑users to access the relevant content using the carriage service.
12 Re‑transmitted broadcasting services
(1) For the purposes of this Schedule, a service is a re‑transmitted broadcasting service if the service does no more than:
(a) re‑transmit programs that have been previously transmitted by a licensed broadcasting service; or
(b) re‑transmit programs that have been previously transmitted by a national broadcasting service.
(2) In determining whether a service is a re‑transmitted broadcasting service:
(a) ignore any changes to the format in which the programs are transmitted; and
(b) ignore any advertising or sponsorship matter; and
(c) ignore such other matters (if any) as are specified in the regulations.
13 Re‑transmitted datacasting services
(1) For the purposes of this Schedule, a service is a re‑transmitted datacasting service if the service does no more than re‑transmit datacasting content that has been previously transmitted by a licensed datacasting service.
(2) In determining whether a service is a re‑transmitted datacasting service:
(a) ignore any changes to the format in which the datacasting content is transmitted; and
(b) ignore any advertising or sponsorship matter; and
(c) ignore such other matters (if any) as are specified in the regulations.
17 Extended meaning of use
Unless the contrary intention appears, a reference in this Schedule to the use of a thing is a reference to the use of the thing either:
(a) in isolation; or
(b) in conjunction with one or more other things.
Schedule 8—Online content services
Note: See section 216E.
Part 1—Introduction
1 Simplified outline of this Schedule
• The ACMA may make online content service provider rules about gambling promotional content provided on an online content service in conjunction with live coverage of a sporting event.
• The ACMA may exempt an online content service, or an online content service provider, from the online content service provider rules.
• If an online content service provider contravenes the online content service provider rules, the provider may become liable to pay a civil penalty.
• The ACMA may give a remedial direction to an online content service provider if the provider contravenes the online content service provider rules.
2 Definitions
In this Schedule:
access includes:
(a) access that is subject to a pre‑condition (for example, the use of a password); and
(b) access by way of push technology; and
(c) access by way of a standing request.
account includes:
(a) a free account; and
(b) a pre‑paid account; and
(c) anything that may reasonably be regarded as the equivalent of an account.
Australia, when used in a geographical sense, includes all the external Territories.
bet includes wager.
commentator betting odds promotion means gambling promotional content to the extent to which it consists of the provision of betting odds (however described) by a commentator.
conclusion, in relation to a sporting event, has a meaning affected by clause 23.
content means content:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms.
coverage means coverage that involves either or both of the following:
(a) animated visual images;
(b) audio.
exempt online simulcast service has the meaning given by clause 4.
gambling promotional content means:
(a) advertising content; or
(b) sponsorship content; or
(c) promotional content;
that relates to a gambling service.
gambling service has the meaning given by clause 18.
gambling service provider means a person who provides a gambling service.
game includes an electronic game.
geographical link to Australia has the meaning given by clause 5.
immediate circle has the same meaning as in the Telecommunications Act 1997.
in conjunction with, when used in relation to live coverage of a sporting event, has the meaning given by clause 21.
internet carriage service has the same meaning as in the Online Safety Act 2021.
live, in relation to coverage of a sporting event, means:
(a) live (within the ordinary meaning of that expression); or
(b) delayed, so long as the coverage:
(i) is provided as if it were live (within the ordinary meaning of that expression); and
(ii) begins no later than the conclusion of the sporting event.
lottery includes an electronic lottery.
online content service has the meaning given by clause 3.
online content service provider means a person who provides an online content service.
Note: See clause 6.
online content service provider rules means rules made under clause 11.
provided on an online content service has the meaning given by clause 7.
provided to the public, in relation to a service, has the meaning given by clause 8.
representative venue‑based promotion means gambling promotional content to the extent to which it consists of:
(a) visual images (whether animated or otherwise) of a representative of a gambling service provider; or
(b) speech of a representative of a gambling service provider;
where those visual images, or that speech, as the case may be, gives the impression that the representative is at, or around, the venue of a sporting event.
scheduled start, in relation to a sporting event, has a meaning affected by clause 22.
service includes a website.
Note: See also clause 17.
sporting event has a meaning affected by clause 19.
ticket includes an electronic ticket.
using has a meaning affected by clause 9.
voice call includes:
(a) if a voice call is not practical for a particular end‑user with a disability—a call that is equivalent to a voice call; and
(b) a call that involves a recorded or synthetic voice.
3 Online content service
(1) For the purposes of this Schedule, online content service means:
(a) a service that delivers content to persons having equipment appropriate for receiving that content, where the delivery of the service is by means of an internet carriage service; or
(b) a service that allows end‑users to access content using an internet carriage service;
where the service:
(c) is provided to the public (whether on payment of a fee or otherwise); and
(d) has a geographical link to Australia;
but does not include a service to the extent to which it is:
(e) an exempt online simulcast service; or
(f) an exempt Parliamentary content service (within the meaning of Schedule 7); or
(g) an exempt court/tribunal content service (within the meaning of Schedule 7); or
(h) an exempt official‑inquiry content service (within the meaning of Schedule 7); or
(i) a service that enables end‑users to communicate, by means of voice calls, with other end‑users; or
(j) a service that enables end‑users to communicate, by means of video calls, with other end‑users; or
(k) a service that enables end‑users to communicate, by means of email, with other end‑users; or
(l) an instant messaging service that enables end‑users to communicate with other end‑users; or
(m) an SMS service that enables end‑users to communicate with other end‑users; or
(n) an MMS service that enables end‑users to communicate with other end‑users; or
(o) a service that delivers content by fax; or
(p) an exempt data storage service (within the meaning of Schedule 7); or
(q) an exempt back‑up service (within the meaning of Schedule 7); or
(r) a service determined under subclause (2).
Note 1: SMS is short for short message service.
Note 2: MMS is short for multimedia message service.
(2) The ACMA may, by legislative instrument, determine one or more services for the purposes of paragraph (1)(r).
4 Exempt online simulcast service
(1) For the purposes of this Schedule, exempt online simulcast service means a service, or a part of a service, that is provided to end‑users using an internet carriage service, and that:
(a) does no more than provide a stream of content that is identical to the stream of programs transmitted on:
(i) a commercial television broadcasting service provided under a commercial television broadcasting licence; or
(ii) a commercial radio broadcasting service provided under a commercial radio broadcasting licence; or
(iii) a subscription television broadcasting service provided under a subscription television broadcasting licence; or
(iv) a subscription radio narrowcasting service; or
(v) a subscription television narrowcasting service; or
(vi) a broadcasting service provided by the Special Broadcasting Service Corporation; and
(b) provides that stream of content simultaneously, or almost simultaneously, with the transmission of that stream of programs.
(2) For the purposes of subclause (1), in determining whether a stream of content is identical to a stream of programs, disregard any differences that are attributable to the technical characteristics of the provision or transmission (for example, video resolution or sound quality).
(3) For the purposes of subclause (1), in determining whether a stream of content is identical to a stream of programs, disregard the presence or absence of:
(a) a watermark‑type logo; or
(b) a watermark‑type insignia;
that is not gambling promotional content.
5 Geographical link to Australia
(1) For the purposes of this Schedule, a service has a geographical link to Australia if an ordinary reasonable person would conclude that:
(a) the service is targeted at individuals who are physically present in Australia; or
(b) any of the content provided on the service is likely to appeal to the public, or a section of the public, in Australia.
(2) For the purposes of this clause, content is provided on a service if the content is:
(a) delivered by the service; or
(b) accessible to end‑users using the service.
6 Online content service provider
(1) For the purposes of this Schedule, a person does not provide an online content service merely because the person supplies an internet carriage service that enables content to be delivered or accessed.
(2) For the purposes of this Schedule, a person does not provide an online content service merely because the person provides a billing service, or a fee collection service, in relation to an online content service.
7 When content is provided on an online content service
(1) For the purposes of this Schedule, content is provided on an online content service if the content is:
(a) delivered by the online content service; or
(b) accessible to end‑users using the online content service.
(2) For the purposes of this Schedule, content is provided on an online content service to an end‑user if the content is:
(a) delivered to the end‑user by the online content service; or
(b) accessible to the end‑user using the online content service.
8 When a service is provided to the public etc.
(1) For the purposes of this Schedule, a service is provided to the public if, and only if, the service is provided to at least one person outside the immediate circle of the person who provides the service.
(2) For the purposes of this Schedule, a service that is provided to the public is taken to be different from a service that is not provided to the public, even if the content provided on the services is identical.
9 Extended meaning of using
A reference in this Schedule to using a thing is a reference to using the thing either:
(a) in isolation; or
(b) in conjunction with one or more other things.
10 Extra‑territorial application
This Schedule extends to acts, omissions, matters and things outside Australia.
Part 2—Online content service provider rules
11 Online content service provider rules
The ACMA may, by legislative instrument, make rules (the online content service provider rules) prescribing matters required or permitted by this Act to be prescribed by the online content service provider rules.
12 Administrative decisions
The online content service provider rules may make provision for or in relation to a particular matter by empowering the ACMA to make decisions of an administrative character.
Part 3—Gambling promotional content
Division 1—Online content service provider rules relating to gambling promotional content
13 Gambling promotional content
Prohibiting or regulating gambling promotional content
(1) The online content service provider rules may make provision for or in relation to prohibiting or regulating gambling promotional content provided on online content services in conjunction with live coverage of a sporting event.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.
Explanatory content
(2) The online content service provider rules may make provision for or in relation to requiring online content services providers to ensure that, if:
(a) the provider provides an online content service; and
(b) content that consists of live coverage of a sporting event is, or is to be, provided on the service;
explanatory content that relates to the following is provided on the service:
(c) whether online content service provider rules made for the purposes of subclause (1) apply in relation to that live coverage;
(d) if so, how those rules apply in relation to that live coverage.
Record‑keeping
(3) The online content service provider rules may make provision for or in relation to requiring online content service providers to ensure that, if:
(a) the provider provides an online content service; and
(b) content that consists of live coverage of a sporting event is, or is to be, provided on the service;
the provider will:
(c) make records that:
(i) are of a kind or kinds specified in those rules; and
(ii) are sufficient to enable compliance by the provider with online content service provider rules made for the purposes of subclause (1) or (2) to be readily ascertained; and