À propos de la propriété intellectuelle Formation en propriété intellectuelle Respect de la propriété intellectuelle Sensibilisation à la propriété intellectuelle La propriété intellectuelle pour… Propriété intellectuelle et… Propriété intellectuelle et… Information relative aux brevets et à la technologie Information en matière de marques Information en matière de dessins et modèles industriels Information en matière d’indications géographiques Information en matière de protection des obtentions végétales (UPOV) Lois, traités et jugements dans le domaine de la propriété intellectuelle Ressources relatives à la propriété intellectuelle Rapports sur la propriété intellectuelle Protection des brevets Protection des marques Protection des dessins et modèles industriels Protection des indications géographiques Protection des obtentions végétales (UPOV) Règlement extrajudiciaire des litiges Solutions opérationnelles à l’intention des offices de propriété intellectuelle Paiement de services de propriété intellectuelle Décisions et négociations Coopération en matière de développement Appui à l’innovation Partenariats public-privé Outils et services en matière d’intelligence artificielle L’Organisation Travailler avec nous Responsabilité Brevets Marques Dessins et modèles industriels Indications géographiques Droit d’auteur Secrets d’affaires Académie de l’OMPI Ateliers et séminaires Application des droits de propriété intellectuelle WIPO ALERT Sensibilisation Journée mondiale de la propriété intellectuelle Magazine de l’OMPI Études de cas et exemples de réussite Actualités dans le domaine de la propriété intellectuelle Prix de l’OMPI Entreprises Universités Peuples autochtones Instances judiciaires Ressources génétiques, savoirs traditionnels et expressions culturelles traditionnelles Économie Financement Actifs incorporels Égalité des genres Santé mondiale Changement climatique Politique en matière de concurrence Objectifs de développement durable Technologies de pointe Applications mobiles Sport Tourisme PATENTSCOPE Analyse de brevets Classification internationale des brevets Programme ARDI – Recherche pour l’innovation Programme ASPI – Information spécialisée en matière de brevets Base de données mondiale sur les marques Madrid Monitor Base de données Article 6ter Express Classification de Nice Classification de Vienne Base de données mondiale sur les dessins et modèles Bulletin des dessins et modèles internationaux Base de données Hague Express Classification de Locarno Base de données Lisbon Express Base de données mondiale sur les marques relative aux indications géographiques Base de données PLUTO sur les variétés végétales Base de données GENIE Traités administrés par l’OMPI WIPO Lex – lois, traités et jugements en matière de propriété intellectuelle Normes de l’OMPI Statistiques de propriété intellectuelle WIPO Pearl (Terminologie) Publications de l’OMPI Profils nationaux Centre de connaissances de l’OMPI Série de rapports de l’OMPI consacrés aux tendances technologiques Indice mondial de l’innovation Rapport sur la propriété intellectuelle dans le monde PCT – Le système international des brevets ePCT Budapest – Le système international de dépôt des micro-organismes Madrid – Le système international des marques eMadrid Article 6ter (armoiries, drapeaux, emblèmes nationaux) La Haye – Le système international des dessins et modèles industriels eHague Lisbonne – Le système d’enregistrement international des indications géographiques eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Médiation Arbitrage Procédure d’expertise Litiges relatifs aux noms de domaine Accès centralisé aux résultats de la recherche et de l’examen (WIPO CASE) Service d’accès numérique aux documents de priorité (DAS) WIPO Pay Compte courant auprès de l’OMPI Assemblées de l’OMPI Comités permanents Calendrier des réunions WIPO Webcast Documents officiels de l’OMPI Plan d’action de l’OMPI pour le développement Assistance technique Institutions de formation en matière de propriété intellectuelle Mesures d’appui concernant la COVID-19 Stratégies nationales de propriété intellectuelle Assistance en matière d’élaboration des politiques et de formulation de la législation Pôle de coopération Centres d’appui à la technologie et à l’innovation (CATI) Transfert de technologie Programme d’aide aux inventeurs WIPO GREEN Initiative PAT-INFORMED de l’OMPI Consortium pour des livres accessibles L’OMPI pour les créateurs WIPO Translate Speech-to-Text Assistant de classification États membres Observateurs Directeur général Activités par unité administrative Bureaux extérieurs Avis de vacance d’emploi Achats Résultats et budget Rapports financiers Audit et supervision
Arabic English Spanish French Russian Chinese
Lois Traités Jugements Recherche par ressort juridique

Loi sur les services de radiodiffusion de 1992 (version consolidée du 1er septembre 2018), Australie

Retour
Version la plus récente dans WIPO Lex
Détails Détails Année de version 2019 Dates Adopté/e: 14 juillet 1992 Type de texte Lois en rapport avec la propriété intellectuelle Sujet Droit d'auteur, Mise en application des droits, Divers

Documents disponibles

Texte(s) principal(aux) Textes connexe(s)
Texte(s) supplémentaire(s) Volume(s) (1 texte(s)) Volume(s) (1 texte(s)) Anglais Broadcasting Services Act 1992 (consolidated as of September 1, 2018) 1       2      


Prepared by the Office of Parliamentary Counsel, Canberra

Broadcasting Services Act 1992

No. 110, 1992

Compilation No. 94

Compilation date: 1 September 2018

Includes amendments up to: Act No. 96, 2018

Registered: 17 September 2018

This compilation is in 2 volumes

Volume 1: sections 1–218

Schedules 1 and 2

Volume 2: Schedules 4–8

Endnotes

Each volume has its own contents

Authorised Version C2018C00375 registered 17/09/2018

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 1 September 2018 (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. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

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.

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. For

more information on any modifications, see the series page on the Legislation

Register for the compiled law.

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.

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 i

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Contents

Schedule 4—Digital television broadcasting 1

Part 1—Introduction 1 1 Simplified outline of this Schedule....................................................1

2 Definitions.........................................................................................1

4 Digital mode ......................................................................................4

4A HDTV digital mode...........................................................................4

4B SDTV digital mode............................................................................4

5 Remote licence area...........................................................................4

5A SDTV multi-channelled commercial television broadcasting

service................................................................................................5

5B HDTV multi-channelled commercial television broadcasting

service................................................................................................5

5C SDTV multi-channelled national television broadcasting

service................................................................................................5

5D HDTV multi-channelled national television broadcasting

service................................................................................................6

Part 3—ABC/SBS television 8 36 Digital transmitter not to be used to provide a subscription

television broadcasting service etc. ...................................................8

Part 4A—Primary television broadcasting services 9

Division 1—Commercial television broadcasting services 9

41G Primary commercial television broadcasting service.........................9

Division 2—National television broadcasting services 10

41M Primary national television broadcasting service.............................10

41N Primary satellite national television broadcasting service ...............10

Part 5—Transmitter access regime 11 42 Simplified outline ............................................................................11

43 Definitions.......................................................................................12

43A Designated associated facilities .......................................................12

44 Extended meaning of access ............................................................13

45 Access to broadcasting transmission towers ....................................13

45A Access to designated associated facilities........................................15

46 Access to sites of broadcasting transmission towers........................17

47 Terms and conditions of access .......................................................19

Authorised Version C2018C00375 registered 17/09/2018

ii Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

48 Code relating to access ....................................................................21

49 Arbitration—acquisition of property ...............................................21

50 Relationship between this Part and the National

Transmission Network Sale Act 1998 ..............................................22

Part 10—Review of decisions 23 62 Review by the AAT.........................................................................23

63 Notification of decisions to include notification of reasons

and appeal rights..............................................................................23

Schedule 5—Online services 24

Part 1—Introduction 24 2 Simplified outline ............................................................................24

3 Definitions.......................................................................................25

5 Internet content that consists of a film.............................................27

7 Extended meaning of use.................................................................27

Part 2—Internet service providers 29 8 Internet service providers ................................................................29

9 Supply to the public.........................................................................29

Part 4—Complaints to, and investigations by, the

Commissioner 31

Division 1—Making of complaints to the Commissioner 31

23 Complaints about breaches of online provider rules etc. .................31

24 Form of complaint ...........................................................................31

25 Residency etc. of complainant .........................................................31

Division 2—Investigations by the Commissioner 32

27 Commissioner may investigate matters ...........................................32

28 Conduct of investigations ................................................................32

29 Protection from civil proceedings....................................................32

Division 4—Action to be taken in relation to a complaint about

prohibited content hosted outside Australia 33

40 Action to be taken in relation to a complaint about prohibited

content hosted outside Australia ......................................................33

41 Deferral of action in order to avoid prejudicing a criminal

investigation ....................................................................................35

42 Withdrawal of notification of content—reclassification of

internet content ................................................................................35

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 iii

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

43 Withdrawal of notification of content—reclassification of

internet content that consists of a film or a computer game.............36

44 Revocation of standard access-prevention notice—

reclassification of internet content...................................................37

45 Revocation of standard access-prevention notice—

reclassification of internet content that consists of a film or a

computer game ................................................................................38

46 Anti-avoidance—notified internet content ......................................38

47 Anti-avoidance—special access-prevention notice..........................39

48 Compliance with access-prevention notices ....................................41

49 Notification of internet content........................................................41

50 Application of notifications under this Division..............................41

51 Commissioner may be taken to have issued

access-prevention notices ................................................................42

Part 5—Industry codes and industry standards 43

Division 1—Simplified outline 43

52 Simplified outline ............................................................................43

Division 2—Interpretation 44

53 Industry codes..................................................................................44

54 Industry standards............................................................................44

55 Internet activity................................................................................44

56 Section of the internet industry........................................................44

57 Participants in a section of the internet industry ..............................44

58 Designated body ..............................................................................44

Division 3—General principles relating to industry codes and

industry standards 45

59 Statement of regulatory policy.........................................................45

60 Matters that must be dealt with by industry codes and

industry standards............................................................................45

61 Industry codes and industry standards not to deal with

certain matters .................................................................................49

Division 4—Industry codes 50

62 Registration of industry codes .........................................................50

63 Commissioner may request codes....................................................52

64 Publication of notice where no body or association

represents a section of the internet industry.....................................53

65 Replacement of industry codes ........................................................53

66 Compliance with industry codes......................................................53

Authorised Version C2018C00375 registered 17/09/2018

iv Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

67 Formal warnings—breach of industry codes ...................................54

Division 5—Industry standards 55

68 Commissioner may determine an industry standard if a

request for an industry code is not complied with ...........................55

69 Commissioner may determine industry standard where no

industry body or association formed................................................56

70 Commissioner may determine industry standards—total

failure of industry codes ..................................................................57

71 Commissioner may determine industry standards—partial

failure of industry codes ..................................................................58

72 Compliance with industry standards................................................60

73 Formal warnings—breach of industry standards .............................60

74 Variation of industry standards........................................................60

75 Revocation of industry standards.....................................................61

77 Consultation with designated body..................................................61

Division 6—Register of industry codes and industry standards 62

78 Commissioner to maintain Register of industry codes and

industry standards............................................................................62

Part 6—Online provider rules 63 79 Online provider rules .......................................................................63

80 Online provider determinations .......................................................63

81 Exemptions from online provider determinations ...........................64

82 Compliance with online provider rules............................................64

83 Remedial directions—breach of online provider rules ....................65

84 Formal warnings—breach of online provider rules .........................66

85 Federal Court may order a person to cease supplying internet

carriage services ..............................................................................66

Part 7—Offences 67 86 Continuing offences.........................................................................67

87 Conduct by directors, employees and agents ...................................67

Part 8—Protection from civil and criminal proceedings 70 88 Protection from civil proceedings—internet service

providers..........................................................................................70

Part 9—Operation of State and Territory laws etc. 71 90 Concurrent operation of State and Territory laws............................71

91 Liability of internet content hosts and internet service

providers under State and Territory laws etc. ..................................71

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 v

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 10—Review of decisions 73 92 Review by the AAT.........................................................................73

93 Notification of decisions to include notification of reasons

and appeal rights..............................................................................73

Part 11—Miscellaneous 75 94 Additional Commissioner functions ................................................75

96 Schedule not to affect performance of State or Territory

functions ..........................................................................................75

Schedule 6—Datacasting services 76

Part 1—Introduction 76 1 Simplified outline ............................................................................76

2 Definitions.......................................................................................77

2A Designated datacasting service ........................................................80

3 Educational programs ......................................................................80

4 Information-only programs..............................................................81

5 Foreign-language news or current affairs programs ........................83

6 Datacasting content is taken not to be a television program or

a radio program etc. .........................................................................83

Part 2—Datacasting licences 85 7 Allocation of datacasting licence.....................................................85

8 When datacasting licence must not be allocated..............................85

9 Unsuitable applicant ........................................................................85

10 Transfer of datacasting licences.......................................................86

11 Surrender of datacasting licences ....................................................87

12 ACMA to maintain Register of datacasting licences .......................87

Part 3—Conditions of datacasting licences 88

Division 1—Genre conditions 88

13 Category A television programs ......................................................88

14 Condition relating to category A television programs .....................89

15 Category B television programs ......................................................90

16 Condition relating to category B television programs .....................91

17 Genre conditions do not apply to Parliamentary proceedings

etc. ...................................................................................................93

18 Genre conditions do not apply to matter that consists of no

more than text or still visual images etc...........................................93

Authorised Version C2018C00375 registered 17/09/2018

vi Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

18A Genre conditions do not apply to advertising or sponsorship

material............................................................................................94

19 Genre conditions do not apply to interactive computer games ........94

20 Genre conditions do not apply to internet carriage services or

ordinary email..................................................................................94

20AA Genre conditions do not apply to certain content copied from

the internet.......................................................................................95

Division 2—Audio content condition 96

21 Audio content condition ..................................................................96

22 Audio content condition does not apply to Parliamentary

proceedings etc. ...............................................................................97

23 Audio content condition does not apply to matter that

consists of no more than text or still visual images etc. ...................98

23A Audio content condition does not apply to advertising or

sponsorship material ........................................................................98

Division 2A—Genre conditions: anti-avoidance 99

23B Anti-avoidance—declared internet carriage services.......................99

Division 3—Other conditions 100

24 General conditions.........................................................................100

25 Suitability condition ......................................................................102

26 Additional conditions imposed by the ACMA ..............................103

27 Restricted access system................................................................104

Division 4—Exemption orders for content copied from the

internet 105

27A Exemption orders in relation to content copied from the

internet...........................................................................................105

Part 4—Codes of practice 106 28 Development of codes of practice .................................................106

30 ACMA to maintain Register of codes of practice..........................109

31 ACMA may determine standards where codes of practice fail

or where no code of practice developed ........................................110

32 Consultation on standards..............................................................110

33 Notification of determination or variation or revocation of

standards........................................................................................110

34 Limitation of ACMA’s power in relation to standards ..................111

35 This Part does not apply to internet carriage services or

ordinary email................................................................................111

35A This Part does not apply to the ABC or SBS .................................111

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 vii

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Complaints to the ACMA about datacasting services 112 36 Complaints about offences or breach of licence conditions...........112

37 Complaints under codes of practice...............................................112

38 Investigation of complaints by the ACMA....................................113

Part 6—Control of datacasting transmitter licences 114 41 Datacasting transmitter licences not to be controlled by ABC

or SBS ...........................................................................................114

Part 7—Nominated datacaster declarations 115 42 Object of this Part..........................................................................115

43 Datacasting transmitter licence......................................................115

44 Applications for nominated datacaster declarations ......................115

45 Making a nominated datacaster declaration...................................116

46 Effect of nominated datacaster declaration....................................116

47 Revocation of nominated datacaster declaration............................117

48 Register of nominated datacaster declarations...............................118

Part 8—Remedies for breaches of licensing provisions 120

Division 1—Providing a designated datacasting service without a

licence 120

49 Prohibition on providing a designated datacasting service

without a licence............................................................................120

50 Remedial directions—unlicensed datacasting services..................120

51 Exemption for broadcasting licensees etc. .....................................122

51A Exemption for designated teletext services....................................122

Division 2—Breaches of licence conditions 123

52 Offence for breach of conditions ...................................................123

52A Civil penalty provision relating to breach of conditions of

datacasting licences .......................................................................123

53 Remedial directions—breach of conditions...................................123

54 Suspension and cancellation ..........................................................124

55 Injunctions.....................................................................................126

56 Federal Court’s powers relating to injunctions ..............................126

57 Stay of proceedings relating to additional licence conditions,

remedial directions and suspension/cancellation decisions ...........128

Part 9—Review of decisions 130 58 Review by the Administrative Appeals Tribunal...........................130

59 Notification of decisions to include notification of reasons

and appeal rights............................................................................131

Authorised Version C2018C00375 registered 17/09/2018

viii Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Schedule 7—Content services 132

Part 1—Introduction 132 1 Simplified outline ..........................................................................132

2 Definitions.....................................................................................134

3 Australian connection ....................................................................144

4 Hosting service ..............................................................................145

5 Content service provider................................................................145

6 When content is provided by a content service..............................146

7 When content service is provided to the public etc........................146

8 Links to content .............................................................................146

9 Services supplied by way of a voice call or video call...................146

9A Ancillary subscription television content service ..........................147

10 Classification of live content etc....................................................148

11 Eligible electronic publication.......................................................149

12 Re-transmitted broadcasting services ............................................149

13 Re-transmitted datacasting services...............................................150

14 Restricted access system................................................................150

15 R 18+ content and MA 15+ content ..............................................151

16 Content that consists of a film .......................................................152

17 Extended meaning of use...............................................................152

18 Trained content assessor ................................................................152

19 Extra-territorial application ...........................................................153

Part 2—Classification of content 154

Division 1—Prohibited content and potential prohibited content 154

20 Prohibited content..........................................................................154

21 Potential prohibited content...........................................................155

Division 2—Classification of content 157

22 Applications for classification of content ......................................157

23 Classification of content ................................................................158

24 Classification of content that consists of a film, a computer

game or an eligible electronic publication .....................................158

25 Classification of content that does not consist of a film, a

computer game or an eligible electronic publication .....................159

26 Deemed classification of content classified under Schedule 5.......160

27 Fees ...............................................................................................160

Division 3—Reclassification 162

28 Reclassification of content.............................................................162

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 ix

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

29 Notice of intention to reclassify content ........................................162

Division 4—Review of classification decisions 164

Subdivision A—Review of classification of content 164

30 Persons who may apply for review................................................164

31 Applications for review .................................................................165

32 Classification Review Board may refuse to deal with review

applications that are frivolous etc. .................................................166

33 Review...........................................................................................166

Subdivision B—Review of content that consists of a film or a

computer game 167

34 Review of classification of content that consists of a film or

a computer game............................................................................167

Subdivision C—Review of content that consists of an eligible

electronic publication 167

35 Review of classification of content that consists of an

eligible electronic publication........................................................167

Division 5—Miscellaneous 169

36 Decisions of the Classification Board etc. .....................................169

Part 3—Complaints to, and investigations by, the

Commissioner 170

Division 1—Making of complaints to the Commissioner 170

37 Complaints about prohibited content or potential prohibited

content ...........................................................................................170

38 Complaints relating to breach of a designated

content/hosting service provider rule etc. ......................................172

39 Form of complaint .........................................................................172

40 Recordings of live content .............................................................173

41 Residency etc. of complainant .......................................................173

42 Escalation of complaints made under industry codes etc...............174

Division 2—Investigations by the Commissioner 175

44 Commissioner may investigate matters .........................................175

45 Conduct of investigations ..............................................................175

46 Protection from civil proceedings..................................................176

Division 3—Action to be taken in relation to hosting services 177

47 Action to be taken in relation to hosting services ..........................177

48 Revocation of interim take-down notices—voluntary

withdrawal of content ....................................................................181

Authorised Version C2018C00375 registered 17/09/2018

x Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

49 Revocation of final take-down notices—reclassification of

content ...........................................................................................182

50 Revocation of final take-down notices—reclassification of

content that consists of a film or a computer game........................182

51 Revocation of final take-down notices—reclassification of a

corresponding print publication.....................................................183

52 Anti-avoidance—special take-down notices..................................183

53 Compliance with rules relating to prohibited content etc. .............185

54 Identification of content.................................................................186

55 Application of notices under this Division ....................................186

Division 4—Action to be taken in relation to live content services 187

56 Action to be taken in relation to live content services ...................187

57 Undertaking—alternative to service-cessation notice....................190

58 Revocation of service-cessation notices—undertaking..................191

59 Revocation of final service-cessation notices—

reclassification of content ..............................................................191

59A Anti-avoidance—special service-cessation notices .......................192

60 Compliance with rules relating to prohibited content etc. .............193

61 Identification of content.................................................................194

Division 5—Action to be taken in relation to links services 195

62 Action to be taken in relation to links services ..............................195

63 Revocation of interim link-deletion notices—voluntary

deletion of link...............................................................................199

64 Revocation of final link-deletion notices—reclassification of

content ...........................................................................................200

65 Revocation of final link-deletion notices—reclassification of

content that consists of a film or a computer game........................200

66 Revocation of final link-deletion notices—reclassification of

a corresponding print publication ..................................................201

67 Anti-avoidance—special link-deletion notices ..............................201

68 Compliance with rules relating to prohibited content etc. .............203

Division 6—Law enforcement agencies 205

69 Referral of matters to law enforcement agencies ...........................205

70 Deferral of action in order to avoid prejudicing a criminal

investigation—hosting services .....................................................206

71 Deferral of action in order to avoid prejudicing a criminal

investigation—live content services ..............................................206

72 Deferral of action in order to avoid prejudicing a criminal

investigation—links services .........................................................207

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 xi

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Industry codes and industry standards 208

Division 1—Simplified outline 208

73 Simplified outline ..........................................................................208

Division 2—Interpretation 209

74 Industry codes................................................................................209

75 Industry standards..........................................................................209

76 Content activity .............................................................................209

77 Sections of the content industry.....................................................209

78 Participants in a section of the content industry ............................210

79 Designated body ............................................................................210

Division 3—General principles relating to industry codes and

industry standards 211

80 Statement of regulatory policy.......................................................211

81 Matters that must be dealt with by industry codes and

industry standards—commercial content providers.......................211

82 Examples of matters that may be dealt with by industry

codes and industry standards .........................................................213

83 Escalation of complaints................................................................215

84 Collection of personal information ................................................215

Division 4—Industry codes 217

85 Registration of industry codes .......................................................217

86 Commissioner may request codes..................................................218

87 Publication of notice where no body or association

represents a section of the content industry ...................................219

88 Replacement of industry codes ......................................................220

89 Compliance with industry codes....................................................220

90 Formal warnings—breach of industry codes .................................220

Division 5—Industry standards 221

91 Commissioner may determine an industry standard if a

request for an industry code is not complied with .........................221

92 Commissioner may determine industry standard where no

industry body or association formed..............................................222

93 Commissioner may determine industry standards—total

failure of industry codes ................................................................223

94 Commissioner may determine industry standards—partial

failure of industry codes ................................................................224

95 Compliance with industry standards..............................................226

96 Formal warnings—breach of industry standards ...........................226

Authorised Version C2018C00375 registered 17/09/2018

xii Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

97 Variation of industry standards......................................................226

98 Revocation of industry standards...................................................227

99 Public consultation on industry standards......................................227

100 Consultation with designated body................................................228

Division 6—Register of industry codes and industry standards 229

101 Commissioner to maintain Register of industry codes and

industry standards..........................................................................229

Division 7—Miscellaneous 230

102 Industry codes may provide for matters by reference to other

instruments ....................................................................................230

103 Industry standards may provide for matters by reference to

other instruments ...........................................................................230

Part 5—Designated content/hosting service provider

determinations 231 104 Designated content/hosting service provider determinations.........231

105 Exemptions from designated content/hosting service

provider determinations.................................................................232

Part 6—Enforcement 233 106 Compliance with designated content/hosting service provider

rules—offence ...............................................................................233

107 Compliance with designated content/hosting service provider

rules—civil penalty provision........................................................233

108 Remedial directions—breach of designated content/hosting

service provider rules ....................................................................234

109 Formal warnings—breach of designated content/hosting

service provider rules ....................................................................235

110 Federal Court may order a person to cease providing

designated content/hosting services...............................................235

Part 7—Protection from civil and criminal proceedings 236 111 Protection from civil proceedings—service providers...................236

112 Protection from criminal proceedings—Commissioner,

Classification Board and Classification Review Board .................236

Part 8—Review of decisions 238 113 Review by the Administrative Appeals Tribunal...........................238

Part 9—Miscellaneous 241 114 Additional Commissioner functions ..............................................241

115 Recordings of content etc. .............................................................241

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 xiii

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

116 Samples of content to be submitted for classification....................242

117 Service of summons, process or notice on corporations

incorporated outside Australia .......................................................242

117A Meaning of broadcasting service ..................................................243

119 This Schedule does not limit Schedule 5 .......................................243

120 This Schedule does not limit the Telecommunications Act

1997...............................................................................................243

121 Implied freedom of political communication.................................243

122 Concurrent operation of State and Territory laws..........................244

123 Schedule not to affect performance of State or Territory

functions ........................................................................................244

Schedule 8—Online content services 245

Part 1—Introduction 245 1 Simplified outline of this Schedule................................................245

2 Definitions.....................................................................................245

3 Online content service ...................................................................248

4 Exempt online simulcast service ...................................................250

5 Geographical link to Australia.......................................................251

6 Online content service provider.....................................................251

7 When content is provided on an online content service.................251

8 When a service is provided to the public etc. ................................252

9 Extended meaning of using ...........................................................252

10 Extra-territorial application ...........................................................252

Part 2—Online content service provider rules 253 11 Online content service provider rules ............................................253

12 Administrative decisions ...............................................................253

Part 3—Gambling promotional content 254

Division 1—Online content service provider rules relating to

gambling promotional content 254

13 Gambling promotional content ......................................................254

14 Accidental or incidental provision of gambling promotional

content ...........................................................................................255

15 Individual exemptions from online content service provider

rules ...............................................................................................256

16 Class exemptions from online content service provider rules........258

Authorised Version C2018C00375 registered 17/09/2018

xiv Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Interpretive provisions 260

17 When a part of an online content service is taken to be an

online content service in its own right ...........................................260

18 Gambling service...........................................................................260

19 Sporting event................................................................................261

20 Live coverage of a sporting event..................................................262

21 Gambling promotional content provided in conjunction with

live coverage of a sporting event ...................................................262

22 Scheduled start of a sporting event ................................................263

23 Conclusion of a sporting event ......................................................263

Part 4—Complaints 264 24 Complaints to ACMA—online content service provider rules ......264

Part 5—Enforcement 265 25 Compliance with the online content service provider rules ...........265

26 Remedial directions—breach of the online content service

provider rules.................................................................................265

Part 6—Miscellaneous 267 27 Minister may direct the ACMA about the exercise of its

powers ...........................................................................................267

28 Service of notices by electronic means..........................................267

29 Service of summons, process or notice on corporations

incorporated outside Australia .......................................................267

30 This Schedule does not limit Schedule 5 or 7................................268

31 Schedule 5 or 7 does not limit this Schedule .................................268

32 Implied freedom of political communication.................................268

33 Acquisition of property..................................................................269

34 Concurrent operation of State and Territory laws..........................269

35 Schedule not to affect performance of State or Territory

functions ........................................................................................269

Endnotes 270

Endnote 1—About the endnotes 270

Endnote 2—Abbreviation key 272

Endnote 3—Legislation history 273

Endnote 4—Amendment history 288

Endnote 5—Editorial changes 358

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Introduction Part 1

Clause 1

Broadcasting Services Act 1992 1

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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 and datacasters access to the towers for

the purposes of installing or maintaining digital transmitters.

Applications to the AAT 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:

AAT means the Administrative Appeals 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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 1 Introduction

Clause 2

2 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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;

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 3

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 1 Introduction

Clause 4

4 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Introduction Part 1

Clause 5A

Broadcasting Services Act 1992 5

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 1 Introduction

Clause 5D

6 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Introduction Part 1

Clause 5D

Broadcasting Services Act 1992 7

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) the service is promoted as a service that is distinct from any

other national television broadcasting service provided by the

Corporation concerned.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 3 ABC/SBS television

Clause 36

8 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

(b) a subscription radio broadcasting service; or

(c) a subscription television broadcasting service; or

(d) a subscription radio narrowcasting service; or

(e) a subscription television narrowcasting service; or

(f) an open narrowcasting radio service; or

(g) an open narrowcasting television service.

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Primary television broadcasting services Part 4A

Commercial television broadcasting services Division 1

Clause 41G

Broadcasting Services Act 1992 9

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4A—Primary television broadcasting services

Division 1—Commercial television broadcasting services

41G Primary commercial television broadcasting service

(2) The ACMA may, by legislative instrument, declare that a specified

multi-channelled commercial television broadcasting service

provided by a commercial television broadcasting licensee for the

licence area of the licence is the licensee’s primary commercial

television broadcasting service in the licence area.

(3) The ACMA must ensure that a declaration under subclause (2) is in

force at all times after the licensee commences to provide a

multi-channelled commercial television broadcasting service in the

licence area.

Service provided under a section 38C licence

(4) The ACMA may, by legislative instrument, declare that one or

more specified multi-channelled commercial television

broadcasting services provided by a commercial television

broadcasting licensee whose licence was allocated under

section 38C are the licensee’s primary commercial television

broadcasting services in the licence area.

(5) The number of services declared under subclause (4) in relation to

a particular licensee must not exceed 3.

(6) The ACMA must ensure that a declaration under subclause (4) is in

force at all times for the licence area concerned.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 4A Primary television broadcasting services

Division 2 National television broadcasting services

Clause 41M

10 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—National television broadcasting services

41M Primary national television broadcasting service

(1) A national broadcaster must, by written notice given to the

Minister, declare that a specified multi-channelled national

television broadcasting service provided by the national

broadcaster in a specified coverage area is the broadcaster’s

primary national television broadcasting service in the coverage

area.

(2) The national broadcaster must ensure that a declaration under

subclause (1) is in force at all times, for the coverage area

concerned.

41N Primary satellite national television broadcasting service

Primary national television broadcasting service

(1) A national broadcaster must, by written notice given to the

Minister, declare that a specified multi-channelled national

television broadcasting service provided by the national

broadcaster, with the use of a satellite, in a specified satellite

delivery area is the broadcaster’s primary satellite national

television broadcasting service in the satellite delivery area.

(2) The national broadcaster must ensure that a declaration under

subclause (1):

(a) comes into force as soon as practicable after the national

broadcaster commences to provide a multi-channelled

national television broadcasting service, with the use of a

satellite, in the satellite delivery area; and

(b) is in force at all times after that commencement.

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 42

Broadcasting Services Act 1992 11

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Transmitter access regime

42 Simplified outline

The following is a simplified outline of this Part:

• The owner or operator of a broadcasting transmission tower or

a designated associated facility must provide:

(a) the holder of a commercial television broadcasting

licence; or

(b) a national broadcaster;

with access to the tower or facility.

• The owner or operator of a broadcasting transmission tower or

a designated associated facility must provide a datacaster with

access to the tower or facility.

• The owner or operator of a broadcasting transmission tower

must provide:

(a) the holder of a commercial television broadcasting

licence; or

(b) a national broadcaster;

with access to the site of the tower.

• The owner or operator of a broadcasting transmission tower

must provide a datacaster with access to the site of the tower.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 43

12 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

43 Definitions

In this Part:

ACCC means the Australian Competition and Consumer

Commission.

commercial television broadcasting licence does not include a

commercial television broadcasting licence allocated under

section 38C.

datacaster means a person who holds a datacasting transmitter

licence.

datacasting transmitter licence does not include an authorisation

under section 114 of the Radiocommunications Act 1992.

designated associated facility has the meaning given by

clause 43A.

facility includes apparatus, equipment, a structure, a line or an

electricity cable or wire.

site means:

(a) land; or

(b) a building on land; or

(c) a structure on land.

43A Designated associated facilities

For the purposes of this Part, a designated associated facility

means any of the following facilities:

(a) an antenna;

(b) a combiner;

(c) a feeder system;

(d) a facility of a kind specified in the regulations;

where:

(e) the facility is, or is to be, associated with a transmitter; and

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 44

Broadcasting Services Act 1992 13

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(f) the facility is used, or capable of being used, in connection

with:

(i) the transmission of a television broadcasting service in

digital mode; or

(ii) the provision of datacasting services in digital mode.

44 Extended meaning of access

(1) For the purposes of this Part, giving access to a tower includes

replacing the tower with another tower located on the same site and

giving access to the replacement tower.

(2) For the purposes of this Part, giving access to a site on which is

situated a tower includes replacing the tower with another tower

located on the site.

(3) For the purposes of this Part, giving access to a designated

associated facility includes:

(a) replacing the facility with another facility located on the

same site and giving access to the replacement facility; or

(b) giving access to a service provided by means of the

designated associated facility.

45 Access to broadcasting transmission towers

Television broadcasting services in digital mode

(1) The owner or operator of a broadcasting transmission tower must,

if requested to do so by the holder of a commercial television

broadcasting licence (the access seeker), or a national broadcaster

(also the access seeker), give the access seeker access to the tower.

(2) The owner or operator of the broadcasting transmission tower is

not required to comply with subclause (1) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to install or maintain a transmitter and/or

associated facilities used, or for use, wholly or principally in

connection with the transmission of the access seeker’s

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 45

14 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

television broadcasting service or services in digital mode;

and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Datacasting services in digital mode

(3) The owner or operator of a broadcasting transmission tower must,

if requested to do so by a datacaster (the access seeker), give the

access seeker access to the tower.

(4) The owner or operator of the broadcasting transmission tower is

not required to comply with subclause (3) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to install or maintain a transmitter and/or

associated facilities used, or for use, in connection with the

provision of datacasting services in digital mode; and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Compliance not technically feasible

(5) The owner or operator of a broadcasting transmission tower is not

required to comply with subclause (1) or (3) if there is in force a

written certificate issued by the ACMA stating that, in the

ACMA’s opinion, compliance with subclause (1) or (3), as the case

may be, in relation to that tower is not technically feasible.

(6) In determining whether compliance with subclause (1) or (3) in

relation to a tower is technically feasible, the ACMA must have

regard to:

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on,

the tower; and

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 45A

Broadcasting Services Act 1992 15

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) if compliance is likely to have a result referred to in

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

(i) changing the configuration or operating parameters of a

facility situated on the tower; and

(ii) making alterations to the tower; and

(d) such other matters (if any) as the ACMA considers relevant.

Issue of certificate

(7) If the ACMA receives a request to make a decision about the issue

of a certificate under subclause (5), the ACMA must use its best

endeavours to make that decision within 10 business days after the

request was made.

45A Access to designated associated facilities

(1) This clause applies to a designated associated facility if the facility

is situated on, at, in or under:

(a) a broadcasting transmission tower; or

(b) the site on which a broadcasting transmission tower is

situated.

Television broadcasting services in digital mode

(2) The owner or operator of the designated associated facility must, if

requested to do so by the holder of a commercial television

broadcasting licence (the access seeker), or a national broadcaster

(also called the access seeker), give the access seeker access to the

facility.

(3) The owner or operator of the designated associated facility is not

required to comply with subclause (2) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to use the facility, or a service provided by

means of the facility, wholly or principally in connection

with the transmission of the access seeker’s television

broadcasting service or services in digital mode; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 45A

16 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Datacasting services in digital mode

(4) The owner or operator of the designated associated facility must, if

requested to do so by a datacaster (the access seeker), give the

access seeker access to the facility.

(5) The owner or operator of the designated associated facility is not

required to comply with subclause (4) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to use the facility, or a service provided by

means of the facility, wholly or principally in connection

with the provision of datacasting services in digital mode;

and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Compliance not technically feasible

(6) The owner or operator of a designated associated facility is not

required to comply with subclause (2) or (4) if there is in force a

written certificate issued by the ACMA stating that, in the

ACMA’s opinion, compliance with subclause (2) or (4), as the case

may be, in relation to that facility is not technically feasible.

(7) In determining whether compliance with subclause (2) or (4) in

relation to a facility is technically feasible, the ACMA must have

regard to:

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on, a

facility situated on the site; and

(c) if compliance is likely to have a result referred to in

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 46

Broadcasting Services Act 1992 17

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(i) changing the configuration or operating parameters of a

facility situated on the site; and

(ii) making alterations to a facility situated on the site; and

(d) such other matters (if any) as the ACMA considers relevant.

Issue of certificate

(8) If the ACMA receives a request to make a decision about the issue

of a certificate under subclause (6), the ACMA must use its best

endeavours to make that decision within 10 business days after the

request was made.

Exemptions

(9) The regulations may provide for exemptions from subclauses (2)

and (4).

(10) Regulations made for the purposes of subclause (9) may make

provision with respect to a matter by conferring on the ACCC a

power to make a decision of an administrative character.

46 Access to sites of broadcasting transmission towers

Television broadcasting services in digital mode

(1) The owner or operator of a broadcasting transmission tower must,

if requested to do so by the holder of a commercial television

broadcasting licence (the access seeker), or a national broadcaster

(also the access seeker), give the access seeker access to a site if:

(a) the tower is situated on the site; and

(b) either:

(i) the site is owned, occupied or controlled by the owner

or operator of the tower; or

(ii) the owner or operator of the tower has a right (either

conditional or unconditional) to use the site.

(2) The owner or operator of the broadcasting transmission tower is

not required to comply with subclause (1) unless:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 46

18 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) the access is provided for the sole purpose of enabling the

access seeker to install or maintain a transmitter and/or

associated facilities used, or for use, wholly or principally in

connection with the transmission of the access seeker’s

television broadcasting service or services in digital mode;

and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Datacasting services in digital mode

(3) The owner or operator of a broadcasting transmission tower must,

if requested to do so by a datacaster (the access seeker), give the

access seeker access to a site if the tower is situated on the site.

(4) The owner or operator of the broadcasting transmission tower is

not required to comply with subclause (3) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to install or maintain a transmitter and/or

associated facilities used, or for use, in connection with the

provision of datacasting services in digital mode; and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Compliance not technically feasible

(5) The owner or operator of a broadcasting transmission tower is not

required to comply with subclause (1) or (3) if there is in force a

written certificate issued by the ACMA stating that, in the

ACMA’s opinion, compliance with subclause (1) or (3), as the case

may be, in relation to that tower is not technically feasible.

(6) In determining whether compliance with subclause (1) or (3) in

relation to a site is technically feasible, the ACMA must have

regard to:

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 47

Broadcasting Services Act 1992 19

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on, a

facility situated on the site; and

(c) if compliance is likely to have a result referred to in

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

(i) changing the configuration or operating parameters of a

facility situated on the site; and

(ii) making alterations to a facility situated on the site; and

(d) such other matters (if any) as the ACMA considers relevant.

Issue of certificate

(7) If the ACMA receives a request to make a decision about the issue

of a certificate under subclause (5), the ACMA must use its best

endeavours to make that decision within 10 business days after the

request was made.

47 Terms and conditions of access

Access to towers

(1) The owner or operator of a broadcasting transmission tower must

comply with subclause 45(1) or (3) on such terms and conditions

as are:

(a) agreed between the following parties:

(i) the owner or operator;

(ii) the access seeker (within the meaning of that

subclause); or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 47

20 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Access to designated associated facilities

(1A) The owner or operator of a designated associated facility must

comply with subclause 45A(2) or (4) on such terms and conditions

as are:

(a) agreed between the following parties:

(i) the owner or operator;

(ii) the access seeker (within the meaning of that

subclause); or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

Access to sites

(2) The owner or operator of a broadcasting transmission tower must

comply with subclause 46(1) or (3) on such terms and conditions

as are:

(a) agreed between the following parties:

(i) the owner or operator;

(ii) the access seeker (within the meaning of that

subclause); or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

Conduct of arbitration

(3) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

(4) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 48

Broadcasting Services Act 1992 21

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

those members are to be nominated in writing by the Chair of the

ACCC.

(5) Subclause (4) does not, by implication, limit subclause (3).

48 Code relating to access

(1) The ACCC may, by legislative instrument, make a Code setting out

conditions that are to be complied with in relation to the provision

of access under this Part.

(2) Before making an instrument under subclause (1), the ACCC must

consult:

(a) commercial television broadcasting licensees; and

(b) national broadcasters; and

(c) owners and operators of broadcasting transmission towers.

(3) An access seeker must comply with the Code.

(4) The owner or operator of a broadcasting transmission tower must

comply with the Code, to the extent to which the Code relates to

the provision of access under clause 45 or 46.

(4A) The owner or operator of a designated associated facility must

comply with the Code, to the extent to which the Code relates to

the provision of access under clause 45A.

49 Arbitration—acquisition of property

(1) This clause applies to a provision of this Part that authorises the

conduct of an arbitration (whether by the ACCC or another

person).

(2) The provision has no effect to the extent (if any) to which it

purports to authorise the acquisition of property if that acquisition:

(a) is otherwise than on just terms; and

(b) would be invalid because of paragraph 51(xxxi) of the

Constitution.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 50

22 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) In this clause:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

50 Relationship between this Part and the National Transmission

Network Sale Act 1998

Part 3 of the National Transmission Network Sale Act 1998 does

not apply in relation to an access seeker seeking access to a

broadcasting transmission tower or a site to the extent to which this

Part applies in relation to the access seeker seeking access to that

tower or site.

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Review of decisions Part 10

Clause 62

Broadcasting Services Act 1992 23

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 10—Review of decisions

62 Review by the AAT

Transmitter access regime

(5) An application may be made to the AAT for a review of a decision

of the ACMA to issue a certificate under subclause 45(5), 45A(6)

or 46(5).

(6) An application under subclause (5) may only be made by the

access seeker concerned.

(7) An application may be made to the AAT for a review of a decision

of the ACMA to refuse to issue a certificate under subclause 45(5)

or 46(5).

(8) An application under subclause (7) may only be made by the

owner or operator of the broadcasting transmission tower

concerned.

(9) An application may be made to the AAT for a review of a decision

of the ACMA to refuse to issue a certificate under

subclause 45A(6).

(10) An application under subclause (9) may only be made by the

owner or operator of the designated associated facility concerned.

63 Notification of decisions to include notification of reasons and

appeal rights

If the ACMA makes a decision that is reviewable under clause 62,

the ACMA is to include in the document by which the decision is

notified:

(a) a statement setting out the reasons for the decision; and

(b) a statement to the effect that an application may be made to

the AAT for a review of the decision.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 1 Introduction

Clause 2

24 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Schedule 5—Online services Note: See section 216B.

Part 1—Introduction

2 Simplified outline

The following is a simplified outline of this Schedule:

• This Schedule sets up a system for regulating certain aspects

of the internet industry.

• If the Commissioner is satisfied that internet content hosted

outside Australia is prohibited content or potential prohibited

content, the Commissioner must:

(a) if the Commissioner considers that the content is of

a sufficiently serious nature to warrant referral to a

law enforcement agency—notify the content to an

Australian police force; and

(b) notify the content to internet service providers so

that the providers can deal with the content in

accordance with procedures specified in an

industry code or industry standard (for example,

procedures for the filtering, by technical means, of

such content).

• Bodies and associations that represent the internet service

provider section of the internet industry may develop industry

codes.

• The Commissioner has a reserve power to make an industry

standard if there are no industry codes or if an industry code is

deficient.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Introduction Part 1

Clause 3

Broadcasting Services Act 1992 25

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

• The Commissioner may make online provider determinations

regulating internet service providers.

3 Definitions

In this Schedule, unless the contrary intention appears:

AAT means the Administrative Appeals Tribunal.

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.

adult means an individual who is 18 or older.

Australia, when used in a geographical sense, includes all the

external Territories.

Australian police force means:

(a) the Australian Federal Police; or

(b) the police force of a State or Territory.

child means an individual who is not an adult.

civil proceeding includes a civil action.

Classification Board means the Classification Board established

by the Classification (Publications, Films and Computer Games)

Act 1995.

classified means classified under Schedule 7.

computer game has the same meaning as in the Classification

(Publications, Films and Computer Games) Act 1995.

data storage device means any article or material (for example, a

disk) from which information is capable of being reproduced, with

or without the aid of any other article or device.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 1 Introduction

Clause 3

26 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

designated notification scheme means a scheme:

(a) in the nature of a scheme for substituted service; and

(b) under which the Commissioner is taken, for the purposes of

this Schedule, to have notified each internet service provider

of a matter or thing.

Note: For example, the Commissioner may make matters or things available

on the internet (with or without security measures).

film has the same meaning as in the Classification (Publications,

Films and Computer Games) Act 1995.

Note: Film is defined broadly in that Act, and includes any form of

recording from which a visual image can be produced.

immediate circle has the same meaning as in the

Telecommunications Act 1997.

information means information:

(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.

internet carriage service means a listed carriage service that

enables end-users to access the internet.

internet content means information that:

(a) is kept on a data storage device; and

(b) is accessed, or available for access, using an internet carriage

service;

but does not include:

(c) ordinary email; or

(d) information that is transmitted in the form of a broadcasting

service.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Introduction Part 1

Clause 5

Broadcasting Services Act 1992 27

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

internet content host means a person who hosts internet content in

Australia, or who proposes to host internet content in Australia.

internet service provider has the meaning given by clause 8.

listed carriage service has the same meaning as in the

Telecommunications Act 1997.

online provider rule has the meaning given by clause 79.

ordinary email does not include a posting to a newsgroup.

point-to-multipoint service has the same meaning as in the

Telecommunications Act 1997.

potential prohibited content has the same meaning as in

Schedule 7.

prohibited content has the same meaning as in Schedule 7.

special access-prevention notice means a notice under clause 47.

standard access-prevention notice means a notice under

paragraph 40(1)(c) of this Schedule.

5 Internet content that consists of a film

For the purposes of this Schedule, in determining whether internet

content consists of the entire unmodified contents of a film,

disregard any differences between:

(a) the technique used to embody sounds and/or visual images in

the film; and

(b) the technique used to embody the sounds and/or visual

images in a form in which they can be accessed on the

internet.

7 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:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 1 Introduction

Clause 7

28 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) in isolation; or

(b) in conjunction with one or more other things.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Internet service providers Part 2

Clause 8

Broadcasting Services Act 1992 29

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 2—Internet service providers

8 Internet service providers

Basic definition

(1) For the purposes of this Schedule, if a person supplies, or proposes

to supply, an internet carriage service to the public, the person is an

internet service provider.

Declared internet service providers

(2) The Minister may, by legislative instrument, declare that a

specified person who supplies, or proposes to supply, a specified

internet carriage service is an internet service provider for the

purposes of this Schedule. A declaration under this subclause has

effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

9 Supply to the public

(1) This clause sets out the circumstances in which an internet carriage

service is taken, for the purposes of subclause 8(1), to be supplied

to the public.

(2) If:

(a) an internet carriage service is used for the carriage of

information between 2 end-users; and

(b) each end-user is outside the immediate circle of the supplier

of the service;

the service is supplied to the public.

Note: If a company makes internet content available for access on the

internet, and an individual obtains access to the content using an

internet carriage service, the company and the individual are end-users

in relation to the carriage of the content by the internet carriage

service.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 2 Internet service providers

Clause 9

30 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) If:

(a) an internet carriage service is used to supply

point-to-multipoint services to end-users; and

(b) at least one end-user is outside the immediate circle of the

supplier of the service;

the service is supplied to the public.

(4) If:

(a) an internet carriage service is used to supply designated

content services (other than point-to-multipoint services) to

end-users; and

(b) at least one end-user is outside the immediate circle of the

supplier of the service;

the service is supplied to the public.

(5) For the purposes of this clause, a designated content service is a

content service of a kind specified in a determination made by the

Minister by legislative instrument.

(7) In this clause:

content service has the same meaning as in the

Telecommunications Act 1997.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Making of complaints to the Commissioner Division 1

Clause 23

Broadcasting Services Act 1992 31

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Complaints to, and investigations by, the

Commissioner

Division 1—Making of complaints to the Commissioner

23 Complaints about breaches of online provider rules etc.

If a person has reason to believe that an internet service provider:

(a) has contravened a code registered under Part 5 of this

Schedule that is applicable to the provider; or

(b) has contravened an online provider rule that is applicable to

the provider;

the person may make a complaint to the Commissioner about the

matter.

24 Form of complaint

(1) A complaint under this Division is to be in writing.

(2) However, the Commissioner may permit complaints to be given, in

accordance with specified software requirements, by way of a

specified kind of electronic transmission.

25 Residency etc. of complainant

A person is not entitled to make a complaint under this Division

unless the person is:

(a) an individual who resides in Australia; or

(b) a body corporate that carries on activities in Australia; or

(c) the Commonwealth, a State or a Territory.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 2 Investigations by the Commissioner

Clause 27

32 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Investigations by the Commissioner

27 Commissioner may investigate matters

If the Commissioner thinks that it is desirable to do so, the

Commissioner may, on his or her own initiative or in response to a

complaint made under Division 1, investigate whether an internet

service provider:

(a) has contravened a code registered under Part 5 of this

Schedule that is applicable to the provider; or

(b) has contravened an online provider rule that is applicable to

the provider.

28 Conduct of investigations

(1) An investigation under this Division is to be conducted as the

Commissioner thinks fit.

(2) The Commissioner may, for the purposes of an investigation,

obtain information from such persons, and make such inquiries, as

he or she thinks fit.

(3) This clause has effect subject to Part 13 of this Act (which confers

certain investigative powers on the Commissioner).

29 Protection from civil proceedings

Civil proceedings do not lie against a person in respect of loss,

damage or injury of any kind suffered by another person because

of any of the following acts done in good faith:

(a) the making of a complaint under Division 1;

(b) the making of a statement to, or the giving of a document or

information to, the Commissioner in connection with an

investigation under this Division.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 40

Broadcasting Services Act 1992 33

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Action to be taken in relation to a complaint

about prohibited content hosted outside Australia

40 Action to be taken in relation to a complaint about prohibited

content hosted outside Australia

(1) If, in the course of an investigation under Division 2 of Part 3 of

Schedule 7, the Commissioner is satisfied that internet content

hosted outside Australia is prohibited content or potential

prohibited content, the Commissioner must:

(a) if the Commissioner considers the content is of a sufficiently

serious nature to warrant referral to a law enforcement

agency (whether in or outside Australia)—notify the content

to:

(i) a member of an Australian police force; or

(ii) if there is an arrangement between the Commissioner

and the chief (however described) of an Australian

police force under which the Commissioner is

authorised to notify the content to a another person or

body (whether in or outside Australia)—that other

person or body; and

(b) if a code registered, or standard determined, under Part 5 of

this Schedule deals with the matters referred to in

subclause 60(2)—notify the content to internet service

providers under the designated notification scheme set out in

the code or standard, as the case may be; and

(c) if paragraph (b) does not apply—give each internet service

provider known to the Commissioner a written notice (a

standard access-prevention notice) directing the provider to

take all reasonable steps to prevent end-users from accessing

the content.

Note: The Commissioner may be taken to have given a notice under

paragraph (c)—see clause 51.

(2) For the purposes of paragraph (1)(c), in determining whether

particular steps are reasonable, regard must be had to:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 40

34 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) the technical and commercial feasibility of taking the steps;

and

(b) the matters set out in subsection 4(3).

(3) Subclause (2) does not, by implication, limit the matters to which

regard must be had.

Recognised alternative access-prevention arrangements

(4) An internet service provider is not required to comply with a

standard access-prevention notice in relation to a particular

end-user if access by the end-user is subject to a recognised

alternative access-prevention arrangement (as defined by

subclause (5)) that is applicable to the end-user.

(5) The Commissioner may, by legislative instrument, declare that a

specified arrangement is a recognised alternative

access-prevention arrangement for the purposes of the application

of this Division to one or more specified end-users if the

Commissioner is satisfied that the arrangement is likely to provide

a reasonably effective means of preventing access by those

end-users to prohibited content and potential prohibited content.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) The following are examples of arrangements that could be declared

to be recognised alternative access-prevention arrangements under

subclause (5):

(a) an arrangement that involves the use of regularly updated

internet content filtering software;

(b) an arrangement that involves the use of a “family-friendly”

filtered internet carriage service.

Referral to law enforcement agency

(8) The manner in which internet content may be notified under

paragraph (1)(a) to a member of an Australian police force includes

(but is not limited to) a manner ascertained in accordance with an

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 41

Broadcasting Services Act 1992 35

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

arrangement between the Commissioner and the chief (however

described) of the police force concerned.

(9) If a member of an Australian police force is notified of particular

internet content under this clause, the member may notify the

content to a member of another law enforcement agency (whether

in or outside Australia).

(10) This clause does not, by implication, limit the Commissioner’s

powers to refer other matters to a member of an Australian police

force.

41 Deferral of action in order to avoid prejudicing a criminal

investigation

(1) If:

(a) in the course of an investigation under Division 2 of Part 3 of

Schedule 7, the Commissioner is satisfied that internet

content hosted outside Australia is prohibited content or

potential prohibited content; and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 40(1) in relation to

the content; and

(c) a member of an Australian police force satisfies the

Commissioner that the taking of that action should be

deferred until the end of a particular period in order to avoid

prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that

period.

(2) Subclause (1) has effect despite anything in clause 40.

42 Withdrawal of notification of content—reclassification of internet

content

(1) If:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 43

36 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) internet content has been classified by the Classification

Board (otherwise than because of subclause 24(1) or (2) of

Schedule 7); and

(b) the internet content has been notified to internet service

providers as mentioned in paragraph 40(1)(b) of this

Schedule; and

(c) the Classification Board reclassifies the internet content; and

(d) as a result of the reclassification, the internet content ceases

to be prohibited content;

the notification of the internet content is taken to have been

withdrawn.

(2) If:

(a) a notification of internet content is withdrawn under

subclause (1); and

(b) a code registered, or standard determined, under Part 5 of this

Schedule deals with the matters referred to in

subclause 60(2);

the Commissioner must notify the withdrawal to internet service

providers under the designated notification scheme set out in the

code or standard, as the case may be.

43 Withdrawal of notification of content—reclassification of internet

content that consists of a film or a computer game

(1) If:

(a) internet content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the Classification Board reclassifies the film or computer

game under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) the internet content has been notified to internet service

providers as mentioned in paragraph 40(1)(b) of this

Schedule; and

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 44

Broadcasting Services Act 1992 37

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) as a result of the reclassification, the internet content ceases

to be prohibited content;

the notification of the internet content is taken to have been

withdrawn.

(2) If:

(a) a notification of internet content is withdrawn under

subclause (1); and

(b) a code registered, or standard determined, under Part 5 of this

Schedule deals with the matters referred to in

subclause 60(2);

the Commissioner must notify the withdrawal to internet service

providers under the designated notification scheme set out in the

code or standard, as the case may be.

44 Revocation of standard access-prevention notice—reclassification

of internet content

(1) If:

(a) internet content has been classified by the Classification

Board (otherwise than because of subclause 24(1) or (2) of

Schedule 7); and

(b) a standard access-prevention notice relating to the internet

content is applicable to a particular internet service provider;

and

(c) the Classification Board reclassifies the internet content; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner is taken to have revoked the standard

access-prevention notice.

(2) If a standard access-prevention notice is revoked under this clause,

the Commissioner must give the internet service provider

concerned a written notice stating that the standard

access-prevention notice has been revoked.

Note: The Commissioner may be taken to have given a notice under

subclause (2)—see clause 51.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 45

38 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

45 Revocation of standard access-prevention notice—reclassification

of internet content that consists of a film or a computer

game

(1) If:

(a) internet content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the Classification Board reclassifies the film or computer

game under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) a standard access-prevention notice relating to the internet

content is applicable to a particular internet service provider;

and

(d) as a result of the reclassification, the internet content ceases

to be prohibited content;

the Commissioner is taken to have revoked the standard

access-prevention notice.

(2) If a standard access-prevention notice is revoked under this clause,

the Commissioner must give the internet service provider

concerned a written notice stating that the standard

access-prevention notice has been revoked.

Note: The Commissioner may be taken to have given a notice under

subclause (2)—see clause 51.

46 Anti-avoidance—notified internet content

(1) If:

(a) particular internet content has been notified to internet

service providers as mentioned in paragraph 40(1)(b) of this

Schedule; and

(b) the notification has not been withdrawn; and

(c) the Commissioner is satisfied that internet content (the

similar internet content) that is the same as, or substantially

similar to, the first-mentioned internet content is being hosted

outside Australia; and

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 47

Broadcasting Services Act 1992 39

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) the Commissioner is satisfied that the similar internet content

is prohibited content or potential prohibited content; and

(e) a code registered, or standard determined, under Part 5 of this

Schedule deals with the matters referred to in

subclause 60(2);

the Commissioner must notify the similar internet content to

internet service providers under the designated notification scheme

set out in the code or standard, as the case may be.

(2) If:

(a) particular internet content is notified to internet service

providers as mentioned in paragraph 40(1)(b) of this

Schedule; and

(b) as a result of the application of subclause (1) to that content,

the Commissioner notifies similar internet content to internet

service providers in accordance with subclause (1); and

(c) the notification of the first-mentioned content is withdrawn;

the notification of the similar internet content is taken to have been

withdrawn.

(3) If:

(a) a notification of internet content is withdrawn under

subclause (2); and

(b) a code registered, or standard determined, under Part 5 of this

Schedule deals with the matters referred to in

subclause 60(2);

the Commissioner must notify the withdrawal to internet service

providers under the designated notification scheme set out in the

code or standard, as the case may be.

47 Anti-avoidance—special access-prevention notice

(1) If:

(a) a standard access-prevention notice relating to particular

internet content is applicable to a particular internet service

provider; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 47

40 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the Commissioner is satisfied that the internet service

provider is supplying an internet carriage service that enables

end-users to access internet content (the similar internet

content) that is the same as, or substantially similar to, the

internet content identified in the standard access-prevention

notice; and

(c) the Commissioner is satisfied that the similar internet content

is prohibited content or potential prohibited content;

the Commissioner may give the provider a written notice (special

access-prevention notice) directing the provider to take all

reasonable steps to prevent end-users from accessing the similar

internet content at any time when the standard access-prevention

notice is in force.

Note: The Commissioner may be taken to have given a notice under this

clause—see clause 51.

(2) For the purposes of subclause (1), in determining whether

particular steps are reasonable, regard must be had to:

(a) the technical and commercial feasibility of taking the steps;

and

(b) the matters set out in subsection 4(3).

(3) Subclause (2) does not, by implication, limit the matters to which

regard must be had.

Recognised alternative access-prevention arrangements

(4) An internet service provider is not required to comply with a

special access-prevention notice in relation to a particular end-user

if access by the end-user is subject to a recognised alternative

access-prevention arrangement (as defined by subclause 40(5)) that

is applicable to the end-user.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 48

Broadcasting Services Act 1992 41

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

48 Compliance with access-prevention notices

Standard access-prevention notice

(1) An internet service provider must comply with a standard

access-prevention notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Special access-prevention notice

(2) An internet service provider must comply with a special

access-prevention notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Note: For enforcement, see Part 6 of this Schedule.

49 Notification of internet content

Internet content may be notified in accordance with this Division

by:

(a) setting out the content; or

(b) describing the content; or

(c) in any other way.

50 Application of notifications under this Division

A notification under this Division applies to particular internet

content only to the extent to which the content is accessed, or

available for access, from a website, or a distinct part of a website,

specified in the notification.

Note: For specification by class, see subsection 33(3AB) of the Acts

Interpretation Act 1901.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 51

42 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

51 Commissioner may be taken to have issued access-prevention

notices

(1) Subject to subclause (2), the Commissioner may, by legislative

instrument, formulate a scheme:

(a) in the nature of a scheme for substituted service; and

(b) under which the Commissioner is taken, for the purposes of

this Schedule, to have done any or all of the following:

(i) given each internet service provider a standard

access-prevention notice under paragraph 40(1)(c) of

this Schedule;

(ii) in a case where a standard access-prevention notice is

revoked under clause 44 or 45—given each internet

service provider a notice of the revocation under

whichever of subclause 44(2) or 45(2) is applicable;

(iii) given each internet service provider a special

access-prevention notice under clause 47.

(2) It is a minimum requirement for a scheme formulated under

subclause (1) that each internet service provider be alerted by

electronic means to the existence of a notice.

Note: For example, it is not sufficient for the Commissioner to make notices

available on the internet (with or without security measures) without

notifying internet service providers that a notice has been issued.

(3) Paragraph 40(1)(c) of this Schedule has effect, in relation to a

scheme under subclause (1), as if the reference in that paragraph to

each internet service provider known to the Commissioner were a

reference to each internet service provider.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Simplified outline Division 1

Clause 52

Broadcasting Services Act 1992 43

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Industry codes and industry standards

Division 1—Simplified outline

52 Simplified outline

The following is a simplified outline of this Part.

• Bodies and associations that represent the internet service

provider section of the internet industry may develop industry

codes.

• Industry codes may be registered by the Commissioner.

• Compliance with an industry code is voluntary unless the

Commissioner directs a particular participant in the internet

industry to comply with the code.

• The Commissioner has a reserve power to make an industry

standard if there are no industry codes or if an industry code is

deficient.

• Compliance with industry standards is mandatory.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 2 Interpretation

Clause 53

44 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Interpretation

53 Industry codes

For the purposes of this Part, an industry code is a code developed

under this Part (whether or not in response to a request under this

Part).

54 Industry standards

For the purposes of this Part, an industry standard is a standard

determined under this Part.

55 Internet activity

For the purposes of this Part, an internet activity is an activity that

consists of supplying an internet carriage service.

56 Section of the internet industry

(1) For the purposes of this Part, a section of the internet industry is to

be ascertained in accordance with this clause.

(2) For the purposes of this Part, the group consisting of internet

service providers constitutes a section of the internet industry.

57 Participants in a section of the internet industry

For the purposes of this Part, if a person is a member of a group

that constitutes a section of the internet industry, the person is a

participant in that section of the internet industry.

58 Designated body

The Minister may, by legislative instrument, declare that a

specified body or association is the designated body for the

purposes of this Part. The declaration has effect accordingly.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

General principles relating to industry codes and industry standards Division 3

Clause 59

Broadcasting Services Act 1992 45

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 3—General principles relating to industry codes

and industry standards

59 Statement of regulatory policy

(2) The Parliament intends that bodies or associations that the

Commissioner is satisfied represent the internet service provider

section of the internet industry should develop no more than 2

codes (industry codes) that are to apply to participants in that

section of the industry in relation to the internet activities of the

participants.

(3) The Parliament intends that, for the internet service provider

section of the internet industry, one of those industry codes should

deal exclusively with the matters set out in subclause 60(2).

60 Matters that must be dealt with by industry codes and industry

standards

General matters

(1) The Parliament intends that, for the internet service provider

section of the internet industry, there should be:

(a) an industry code or an industry standard that deals with; or

(b) an industry code and an industry standard that together deal

with;

each of the following matters:

(c) procedures directed towards the achievement of the objective

of ensuring that online accounts are not provided to children

without the consent of a parent or responsible adult;

(d) giving parents and responsible adults information about how

to supervise and control children’s access to internet content;

(e) procedures to be followed in order to assist parents and

responsible adults to supervise and control children’s access

to internet content;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 60

46 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(f) procedures to be followed in order to inform producers of

internet content about their legal responsibilities in relation to

that content;

(g) telling customers about their rights to make complaints under

clause 23;

(h) procedures to be followed in order to assist customers to

make complaints under clause 23;

(i) procedures to be followed in order to deal with complaints

about unsolicited email that promotes or advertises one or

more:

(i) websites; or

(ii) distinct parts of websites;

that enable, or purport to enable, end-users to access

information that is likely to cause offence to a reasonable

adult;

(j) subject to subclause (8A), action to be taken to assist in the

development and implementation of internet content filtering

technologies (including labelling technologies);

(k) subject to subclause (8A), giving customers information

about the availability, use and appropriate application of

internet content filtering software;

(l) subject to subclause (8A), procedures directed towards the

achievement of the objective of ensuring that customers have

the option of subscribing to a filtered internet carriage

service;

(la) if a determination is in force under subclause (8A) in relation

to a device:

(i) procedures to be followed in order to inform the users of

such a device of the unavailability of internet content

filtering; and

(ii) procedures directed towards the achievement of the

objective of ensuring that customers have the option of

blocking access to the internet using such a device;

(m) procedures directed towards the achievement of the objective

of ensuring that, in the event that a participant in the internet

service provider section of the internet industry becomes

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

General principles relating to industry codes and industry standards Division 3

Clause 60

Broadcasting Services Act 1992 47

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

aware that an internet content host is hosting prohibited

content in Australia, the host is told about the prohibited

content.

Other matters

(2) The Parliament intends that, for the internet service provider

section of the internet industry, there should be:

(a) an industry code or an industry standard that deals with; or

(b) an industry code and an industry standard that together deal

with;

each of the following matters:

(c) the formulation of a designated notification scheme;

(d) subject to subclause (8A), procedures to be followed by

internet service providers in dealing with internet content

notified under paragraph 40(1)(b) of this Schedule or

clause 46 (for example, procedures to be followed by a

particular class of internet service providers for the filtering,

by technical means, of such content).

Designated alternative access-prevention arrangements

(3) An industry code or an industry standard may provide that an

internet service provider is not required to deal with internet

content notified under paragraph 40(1)(b) of this Schedule or

clause 46 by taking steps to prevent particular end-users from

accessing the content if access by the end-users is subject to an

arrangement that is declared by the code or standard to be a

designated alternative access-prevention arrangement for the

purposes of the application of this clause to those end-users.

(4) An industry code developed by a body or association must not

declare that a specified arrangement is a designated alternative

access-prevention arrangement for the purposes of the application

of this clause to one or more specified end-users unless the body or

association is satisfied that the arrangement is likely to provide a

reasonably effective means of preventing access by those end-users

to prohibited content and potential prohibited content.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 60

48 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For specification by class, see subsection 33(3AB) of the Acts

Interpretation Act 1901.

(5) An industry standard made by the Commissioner must not declare

that a specified arrangement is a designated alternative

access-prevention arrangement for the purposes of the application

of this clause to one or more specified end-users unless the

Commissioner is satisfied that the arrangement is likely to provide

a reasonably effective means of preventing access by those

end-users to prohibited content and potential prohibited content.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) The following are examples of arrangements that could be declared

to be designated alternative access-prevention arrangements:

(a) an arrangement that involves the use of regularly updated

internet content filtering software;

(b) an arrangement that involves the use of a “family-friendly”

filtered internet carriage service.

(7) For the purposes of this Schedule, if an industry code:

(a) deals to any extent with procedures to be followed by internet

service providers in dealing with internet content notified

under paragraph 40(1)(b) of this Schedule or clause 46; and

(b) makes provision as mentioned in subclause (3);

then:

(c) the code is taken to deal with the matter set out in

paragraph (2)(d); and

(d) the code is taken to be consistent with subclause (2).

(8) For the purposes of this Schedule, if an industry standard:

(a) deals to any extent with procedures to be followed by internet

service providers in dealing with internet content notified

under paragraph 40(1)(b) of this Schedule or clause 46; and

(b) makes provision as mentioned in subclause (3);

then:

(c) the standard is taken to deal with the matter set out in

paragraph (2)(d); and

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

General principles relating to industry codes and industry standards Division 3

Clause 61

Broadcasting Services Act 1992 49

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) the standard is taken to be consistent with subclause (2).

Internet content filtering—devices

(8A) If the Minister is satisfied that internet content filtering is not

viable in relation to access to internet content using a particular

device (for example, a mobile telephone handset), the Minister

may, by legislative instrument, determine that paragraphs (1)(j), (k)

and (l) and (2)(d) do not apply in relation to access to internet

content using that device.

Clause does not limit matters

(9) This clause does not, by implication, limit the matters that may be

dealt with by industry codes and industry standards.

61 Industry codes and industry standards not to deal with certain

matters

For the purposes of this Part, an industry code or an industry

standard that deals with a particular matter has no effect to the

extent (if any) to which the matter is dealt with by:

(a) a code registered, or a standard determined, under Part 6 of

the Telecommunications Act 1997; or

(b) the Telecommunications Industry Ombudsman scheme

(within the meaning of that Act).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 4 Industry codes

Clause 62

50 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Industry codes

62 Registration of industry codes

(1) This clause applies if:

(a) the Commissioner is satisfied that a body or association

represents a particular section of the internet industry; and

(b) that body or association develops an industry code that

applies to participants in that section of the industry and deals

with one or more matters relating to the internet activities of

those participants; and

(c) the body or association gives a copy of the code to the

Commissioner; and

(d) the Commissioner is satisfied that:

(i) to the extent to which the code deals with one or more

matters of substantial relevance to the community—the

code provides appropriate community safeguards for

that matter or those matters; and

(ii) to the extent to which the code deals with one or more

matters that are not of substantial relevance to the

community—the code deals with that matter or those

matters in an appropriate manner; and

(e) the Commissioner is satisfied that, before giving the copy of

the code to the Commissioner:

(i) the body or association published a draft of the code and

invited members of the public to make submissions to

the body or association about the draft within a

specified period; and

(ii) the body or association gave consideration to any

submissions that were received from members of the

public within that period; and

(f) the Commissioner is satisfied that, before giving the copy of

the code to the Commissioner:

(i) the body or association published a draft of the code and

invited participants in that section of the industry to

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry codes Division 4

Clause 62

Broadcasting Services Act 1992 51

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

make submissions to the body or association about the

draft within a specified period; and

(ii) the body or association gave consideration to any

submissions that were received from participants in that

section of the industry within that period; and

(g) the Commissioner is satisfied that the designated body has

been consulted about the development of the code; and

(i) in a case where the code:

(i) relates to the internet service provider section of the

internet industry; and

(ii) does not deal with a matter set out in subclause 60(2);

the code is consistent with subclauses 59(2) and 60(1); and

(j) in a case where the code:

(i) relates to the internet service provider section of the

internet industry; and

(ii) deals with a matter set out in subclause 60(2);

the code is consistent with subclauses 59(2) and (3) and

60(2).

Note: Designated body is defined by clause 58.

(2) The Commissioner must register the code by including it in the

Register of industry codes kept under clause 78.

(3) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must

run for at least 30 days.

(4) If:

(a) an industry code (the new code) is registered under this Part;

and

(b) the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new

code is registered.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 4 Industry codes

Clause 63

52 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

63 Commissioner may request codes

(1) If the Commissioner is satisfied that a body or association

represents a particular section of the internet industry, the

Commissioner may, by written notice given to the body or

association, request the body or association to:

(a) develop an industry code that applies to participants in that

section of the industry and deals with one or more specified

matters relating to the internet activities of those participants;

and

(b) give the Commissioner a copy of the code within the period

specified in the notice.

(2) The period specified in a notice under subclause (1) must run for at

least 120 days.

(3) The Commissioner must not make a request under subclause (1) in

relation to a particular section of the internet industry unless the

Commissioner is satisfied that:

(a) the development of the code is necessary or convenient in

order to:

(i) provide appropriate community safeguards; or

(ii) otherwise deal with the performance or conduct of

participants in that section of the industry; and

(b) in the absence of the request, it is unlikely that an industry

code would be developed within a reasonable period.

(4) The Commissioner may vary a notice under subclause (1) by

extending the period specified in the notice.

(5) Subclause (4) does not, by implication, limit the application of

subsection 33(3) of the Acts Interpretation Act 1901.

(6) A notice under subclause (1) may specify indicative targets for

achieving progress in the development of the code (for example, a

target of 60 days to develop a preliminary draft of the code).

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry codes Division 4

Clause 64

Broadcasting Services Act 1992 53

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

64 Publication of notice where no body or association represents a

section of the internet industry

(1) If the Commissioner is satisfied that a particular section of the

internet industry is not represented by a body or association, the

Commissioner may publish a notice in the Gazette:

(a) stating that, if such a body or association were to come into

existence within a specified period, the Commissioner would

be likely to give a notice to that body or association under

subclause 63(1); and

(b) setting out the matter or matters relating to internet activities

that would be likely to be specified in the subclause 63(1)

notice.

(2) The period specified in a notice under subclause (1) must run for at

least 60 days.

65 Replacement of industry codes

(1) Changes to an industry code are to be achieved by replacing the

code instead of varying the code.

(2) If the replacement code differs only in minor respects from the

original code, clause 62 has effect, in relation to the registration of

the code, as if paragraphs 62(1)(e) and (f) of this Schedule had not

been enacted.

Note: Paragraphs 62(1)(e) and (f) deal with submissions about draft codes.

66 Compliance with industry codes

(1) If:

(a) a person is a participant in a particular section of the internet

industry; and

(b) the Commissioner is satisfied that the person has

contravened, or is contravening, an industry code that:

(i) is registered under this Part; and

(ii) applies to participants in that section of the industry;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 4 Industry codes

Clause 67

54 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

the Commissioner may, by written notice given to the person,

direct the person to comply with the industry code.

(2) A person must comply with a direction under subclause (1).

Note: For enforcement, see Part 6 of this Schedule.

67 Formal warnings—breach of industry codes

(1) This clause applies to a person who is a participant in a particular

section of the internet industry.

(2) The Commissioner may issue a formal warning if the person

contravenes an industry code registered under this Part.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry standards Division 5

Clause 68

Broadcasting Services Act 1992 55

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 5—Industry standards

68 Commissioner may determine an industry standard if a request

for an industry code is not complied with

(1) This clause applies if:

(a) the Commissioner has made a request under subclause 63(1)

in relation to the development of a code that is to:

(i) apply to participants in a particular section of the

internet industry; and

(ii) deal with one or more matters relating to the internet

activities of those participants; and

(b) any of the following conditions is satisfied:

(i) the request is not complied with;

(ii) if indicative targets for achieving progress in the

development of the code were specified in the notice of

request—any of those indicative targets were not met;

(iii) the request is complied with, but the Commissioner

subsequently refuses to register the code; and

(c) the Commissioner is satisfied that it is necessary or

convenient for the Commissioner to determine a standard in

order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

(3) Before determining an industry standard under this clause, the

Commissioner must consult the body or association to whom the

request mentioned in paragraph (1)(a) was made.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 5 Industry standards

Clause 69

56 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(5) The Minister may give the Commissioner a written direction as to

the exercise of his or her powers under this clause.

69 Commissioner may determine industry standard where no

industry body or association formed

(1) This clause applies if:

(a) the Commissioner is satisfied that a particular section of the

internet industry is not represented by a body or association;

and

(b) the Commissioner has published a notice under

subclause 64(1) relating to that section of the industry; and

(c) that notice:

(i) states that, if such a body or association were to come

into existence within a particular period, the

Commissioner would be likely to give a notice to that

body or association under subclause 63(1); and

(ii) sets out one or more matters relating to the internet

activities of the participants in that section of the

industry; and

(d) no such body or association comes into existence within that

period; and

(e) the Commissioner is satisfied that it is necessary or

convenient for the Commissioner to determine a standard in

order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry standards Division 5

Clause 70

Broadcasting Services Act 1992 57

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) The Minister may give the Commissioner a written direction as to

the exercise of his or her powers under this clause.

70 Commissioner may determine industry standards—total failure

of industry codes

(1) This clause applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

internet industry; and

(ii) deals with one or more matters relating to the internet

activities of those participants;

has been registered under this Part for at least 180 days; and

(b) the Commissioner is satisfied that the code is totally deficient

(as defined by subclause (7)); and

(c) the Commissioner has given the body or association that

developed the code a written notice requesting that

deficiencies in the code be addressed within a specified

period; and

(d) that period ends and the Commissioner is satisfied that it is

necessary or convenient for the Commissioner to determine a

standard that applies to participants in that section of the

industry and deals with that matter or those matters.

(2) The period specified in a notice under paragraph (1)(c) must run

for at least 30 days.

(3) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

(4) If the Commissioner is satisfied that a body or association

represents that section of the industry, the Commissioner must

consult the body or association before determining an industry

standard under subclause (3).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 5 Industry standards

Clause 71

58 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(6) The industry code ceases to be registered under this Part on the day

on which the industry standard comes into force.

(7) For the purposes of this clause, an industry code that applies to

participants in a particular section of the internet industry and deals

with one or more matters relating to the internet activities of those

participants is totally deficient if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter or those matters; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter or those matters.

(8) The Minister may give the Commissioner a written direction as to

the exercise of his or her powers under this clause.

71 Commissioner may determine industry standards—partial

failure of industry codes

(1) This clause applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

internet industry; and

(ii) deals with 2 or more matters relating to the internet

activities of those participants;

has been registered under this Part for at least 180 days; and

(b) clause 70 does not apply to the code; and

(c) the Commissioner is satisfied that the code is deficient (as

defined by subclause (7)) to the extent to which the code

deals with one or more of those matters (the deficient matter

or deficient matters); and

(d) the Commissioner has given the body or association that

developed the code a written notice requesting that

deficiencies in the code be addressed within a specified

period; and

(e) that period ends and the Commissioner is satisfied that it is

necessary or convenient for the Commissioner to determine a

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry standards Division 5

Clause 71

Broadcasting Services Act 1992 59

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

standard that applies to participants in that section of the

industry and deals with the deficient matter or deficient

matters.

(2) The period specified in a notice under paragraph (1)(c) must run

for at least 30 days.

(3) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with the deficient matter or deficient matters. A standard

under this subclause is to be known as an industry standard.

(4) If the Commissioner is satisfied that a body or association

represents that section of the industry, the Commissioner must

consult the body or association before determining an industry

standard under subclause (3).

(6) On and after the day on which the industry standard comes into

force, the industry code has no effect to the extent to which it deals

with the deficient matter or deficient matters. However, this

subclause does not affect:

(a) the continuing registration of the remainder of the industry

code; or

(b) any investigation, proceeding or remedy in respect of a

contravention of the industry code or clause 66 that occurred

before that day.

(7) For the purposes of this clause, an industry code that applies to

participants in a particular section of the internet industry and deals

with 2 or more matters relating to the internet activities of those

participants is deficient to the extent to which it deals with a

particular one of those matters if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 5 Industry standards

Clause 72

60 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(8) The Minister may give the Commissioner a written direction as to

the exercise of his or her powers under this clause.

72 Compliance with industry standards

If:

(a) an industry standard that applies to participants in a particular

section of the internet industry is registered under this Part;

and

(b) a person is a participant in that section of the internet

industry;

the person must comply with the industry standard.

Note: For enforcement, see Part 6 of this Schedule.

73 Formal warnings—breach of industry standards

(1) This clause applies to a person who is a participant in a particular

section of the internet industry.

(2) The Commissioner may issue a formal warning if the person

contravenes an industry standard registered under this Part.

74 Variation of industry standards

The Commissioner may, by legislative instrument, vary an industry

standard that applies to participants in a particular section of the

internet industry if the Commissioner is satisfied that it is

necessary or convenient to do so to:

(a) provide appropriate community safeguards in relation to one

or more matters relating to the internet activities of those

participants; and

(b) otherwise regulate adequately those participants in relation to

one or more matters relating to the internet activities of those

participants.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry standards Division 5

Clause 75

Broadcasting Services Act 1992 61

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

75 Revocation of industry standards

(1) The Commissioner may, by legislative instrument, revoke an

industry standard.

(2) If:

(a) an industry code is registered under this Part; and

(b) the code is expressed to replace an industry standard;

the industry standard is revoked when the code is registered.

77 Consultation with designated body

(1) Before determining or varying an industry standard, the

Commissioner must consult the designated body.

(2) Before revoking an industry standard under subclause 75(1), the

Commissioner must consult the designated body.

Note: Designated body is defined by clause 58.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 6 Register of industry codes and industry standards

Clause 78

62 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 6—Register of industry codes and industry

standards

78 Commissioner to maintain Register of industry codes and

industry standards

(1) The Commissioner is to maintain a Register in which the

Commissioner includes:

(a) all industry codes required to be registered under this Part;

and

(b) all industry standards; and

(c) all requests made under clause 63; and

(d) all notices under clause 64; and

(e) all directions under clause 66.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Online provider rules Part 6

Clause 79

Broadcasting Services Act 1992 63

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 6—Online provider rules

79 Online provider rules

For the purposes of this Schedule, each of the following is an

online provider rule:

(e) the rule set out in subclause 48(1);

(f) the rule set out in subclause 48(2);

(g) the rule set out in subclause 66(2);

(h) the rule set out in clause 72;

(i) each of the rules (if any) set out in an online provider

determination in force under clause 80.

80 Online provider determinations

(1) The Commissioner may, by legislative instrument, make a

determination setting out rules that apply to internet service

providers in relation to the supply of internet carriage services.

(3) A determination under subclause (1) is called an online provider

determination.

(4) An online provider determination has effect only to the extent that:

(a) it is authorised by paragraph 51(v) of the Constitution (either

alone or when read together with paragraph 51(xxxix) of the

Constitution); or

(b) both:

(i) it is authorised by section 122 of the Constitution; and

(ii) it would have been authorised by paragraph 51(v) of the

Constitution (either alone or when read together with

paragraph 51(xxxix) of the Constitution) if section 51 of

the Constitution extended to the Territories.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 6 Online provider rules

Clause 81

64 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(5) The Commissioner must not make an online provider

determination unless the determination relates to a matter specified

in the regulations.

(6) The Commissioner must not make an online provider

determination if the determination relates to a matter specified in

regulations in force for the purposes of subsection 99(3) of the

Telecommunications Act 1997.

(7) An online provider determination may make provision for or in

relation to a particular matter by empowering the Commissioner to

make decisions of an administrative character.

81 Exemptions from online provider determinations

(1) The Minister may, by legislative instrument, determine that a

specified internet service provider is exempt from online provider

determinations.

(2) The Minister may, by legislative instrument, determine that a

specified internet service provider is exempt from a specified

online provider determination.

(3) A determination under this clause may be unconditional or subject

to such conditions (if any) as are specified in the determination.

(4) A determination under this clause has effect accordingly.

82 Compliance with online provider rules

(1) A person commits an offence if:

(a) an online provider rule is applicable to the person; and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes the rule.

Penalty: 50 penalty units.

Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body

corporate up to 5 times the maximum amount the court could fine a

person under this clause.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Online provider rules Part 6

Clause 83

Broadcasting Services Act 1992 65

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) In this clause:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

83 Remedial directions—breach of online provider rules

(1) This clause applies if an internet service provider has contravened,

or is contravening, an online provider rule.

(2) The Commissioner may give the provider a written direction

requiring the provider to take specified action directed towards

ensuring that the provider does not contravene the rule, or is

unlikely to contravene the rule, in the future.

(3) The following are examples of the kinds of direction that may be

given to an internet service provider under subclause (2):

(a) a direction that the provider implement effective

administrative systems for monitoring compliance with an

online provider rule;

(b) a direction that the provider implement a system designed to

give the provider’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of an online provider rule, in so far as those requirements

affect the employees, agents or contractors concerned.

(4) A person commits an offence if:

(a) the person is subject to a direction under subclause (2); and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes the direction.

Penalty: 50 penalty units.

Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body

corporate up to 5 times the maximum amount the court could fine a

person under this subclause.

(5) In this clause:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 6 Online provider rules

Clause 84

66 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

84 Formal warnings—breach of online provider rules

The Commissioner may issue a formal warning if a person

contravenes an online provider rule.

85 Federal Court may order a person to cease supplying internet

carriage services

(1) If the Commissioner is satisfied that a person who is an internet

service provider is supplying an internet carriage service otherwise

than in accordance with an online provider rule, the Commissioner

may apply to the Federal Court for an order that the person cease

supplying that internet carriage service.

(2) If the Federal Court is satisfied, on such an application, that the

person is supplying an internet carriage service otherwise than in

accordance with the online provider rule, the Federal Court may

order the person to cease supplying that internet carriage service.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Offences Part 7

Clause 86

Broadcasting Services Act 1992 67

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 7—Offences

86 Continuing offences

A person who contravenes clause 82 or subclause 83(4) commits a

separate offence in respect of each day (including the day of a

conviction for the offence or any later day) during which the

contravention continues.

87 Conduct by directors, employees and agents

Body corporate

(1) If, in proceedings for an ancillary offence relating to this Schedule,

it is necessary to establish the state of mind of a body corporate in

relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, employee or

agent of the body corporate within the scope of his or her

actual or apparent authority; and

(b) that the director, employee or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a

director, employee or agent of the body corporate within the scope

of his or her actual or apparent authority is taken, for the purposes

of a prosecution for:

(a) an offence against this Schedule; or

(b) an ancillary offence relating this Schedule;

to have been engaged in also by the body corporate unless the body

corporate establishes that the body corporate took reasonable

precautions and exercised due diligence to avoid the conduct.

Person other than a body corporate

(3) If, in proceedings for an ancillary offence relating to this Schedule,

it is necessary to establish the state of mind of a person other than a

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 7 Offences

Clause 87

68 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

body corporate in relation to particular conduct, it is sufficient to

show:

(a) that the conduct was engaged in by an employee or agent of

the person within the scope of his or her actual or apparent

authority; and

(b) that the employee or agent had the state of mind.

(4) Any conduct engaged in on behalf of a person other than a body

corporate by an employee or agent of the person within the scope

of his or her actual or apparent authority is taken, for the purposes

of a prosecution for:

(a) an offence against this Schedule; or

(b) an ancillary offence relating this Schedule;

to have been engaged in also by the first-mentioned person unless

the first-mentioned person establishes that the first-mentioned

person took reasonable precautions and exercised due diligence to

avoid the conduct.

(5) If:

(a) a person other than a body corporate is convicted of an

offence; and

(b) the person would not have been convicted of the offence if

subclauses (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that

offence.

State of mind

(6) A reference in subclause (1) or (3) to the state of mind of a person

includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the

person; and

(b) the person’s reasons for the intention, opinion, belief or

purpose.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Offences Part 7

Clause 87

Broadcasting Services Act 1992 69

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Director

(7) A reference in this clause to a director of a body corporate includes

a reference to a constituent member of a body corporate

incorporated for a public purpose by a law of the Commonwealth,

a State or a Territory.

Engaging in conduct

(8) A reference in this clause to engaging in conduct includes a

reference to failing or refusing to engage in conduct.

Ancillary offence relating to this Schedule

(9) A reference in this clause to an ancillary offence relating to this

Schedule is a reference to an offence created by section 6 of the

Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to

this Schedule.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 8 Protection from civil and criminal proceedings

Clause 88

70 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 8—Protection from civil and criminal

proceedings

88 Protection from civil proceedings—internet service providers

(1) Civil proceedings do not lie against an internet service provider in

respect of anything done by the provider in compliance with:

(a) a code registered under Part 5 of this Schedule; or

(b) a standard determined under Part 5 of this Schedule;

in so far as the code or standard deals with procedures referred to

in paragraph 60(2)(d) of this Schedule.

(2) Civil proceedings do not lie against an internet service provider in

respect of anything done by the provider in compliance with

clause 48.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Operation of State and Territory laws etc. Part 9

Clause 90

Broadcasting Services Act 1992 71

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 9—Operation of State and Territory laws etc.

90 Concurrent operation of State and Territory laws

It is the intention of the Parliament that this Schedule is not to

apply to the exclusion of a law of a State or Territory to the extent

to which that law is capable of operating concurrently with this

Schedule.

91 Liability of internet content hosts and internet service providers

under State and Territory laws etc.

(1) A law of a State or Territory, or a rule of common law or equity,

has no effect to the extent to which it:

(a) subjects, or would have the effect (whether direct or indirect)

of subjecting, an internet content host to liability (whether

criminal or civil) in respect of hosting particular internet

content in a case where the host was not aware of the nature

of the internet content; or

(b) requires, or would have the effect (whether direct or indirect)

of requiring, an internet content host to monitor, make

inquiries about, or keep records of, internet content hosted by

the host; or

(c) subjects, or would have the effect (whether direct or indirect)

of subjecting, an internet service provider to liability

(whether criminal or civil) in respect of carrying particular

internet content in a case where the service provider was not

aware of the nature of the internet content; or

(d) requires, or would have the effect (whether direct or indirect)

of requiring, an internet service provider to monitor, make

inquiries about, or keep records of, internet content carried by

the provider.

(2) The Minister may, by legislative instrument, exempt a specified

law of a State or Territory, or a specified rule of common law or

equity, from the operation of subclause (1).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 9 Operation of State and Territory laws etc.

Clause 91

72 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(3) An exemption under subclause (2) may be unconditional or subject

to such conditions (if any) as are specified in the exemption.

Declaration by Minister

(4) The Minister may, by legislative instrument, declare that a

specified law of a State or Territory, or a specified rule of common

law or equity, has no effect to the extent to which the law or rule

has a specified effect in relation to an internet content host.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(5) The Minister may, by legislative instrument, declare that a

specified law of a State or Territory, or a specified rule of common

law or equity, has no effect to the extent to which the law or rule

has a specified effect in relation to an internet service provider.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) A declaration under subclause (4) or (5) has effect only to the

extent that:

(a) it is authorised by paragraph 51(v) of the Constitution (either

alone or when read together with paragraph 51(xxxix) of the

Constitution); or

(b) both:

(i) it is authorised by section 122 of the Constitution; and

(ii) it would have been authorised by paragraph 51(v) of the

Constitution (either alone or when read together with

paragraph 51(xxxix) of the Constitution) if section 51 of

the Constitution extended to the Territories.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Review of decisions Part 10

Clause 92

Broadcasting Services Act 1992 73

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 10—Review of decisions

92 Review by the AAT

(1) An application may be made to the AAT for a review of any of the

following decisions made by the Commissioner:

(e) a decision to give an internet service provider a standard

access-prevention notice;

(f) a decision to give an internet service provider a special

access-prevention notice;

(g) a decision under clause 66 or 83 to:

(i) give a direction to an internet service provider; or

(ii) vary a direction that is applicable to an internet service

provider; or

(iii) refuse to revoke a direction that is applicable to an

internet service provider;

(h) a decision of a kind referred to in subclause 80(7) (which

deals with decisions under online provider determinations),

where the decision relates to an internet service provider.

(2) An application under subclause (1) may only be made by the

internet service provider concerned.

(3) An application may be made to the AAT for a review of a decision

of the Commissioner under clause 62 to refuse to register a code.

(4) An application under subclause (3) may only be made by the body

or association that developed the code.

93 Notification of decisions to include notification of reasons and

appeal rights

If the Commissioner makes a decision that is reviewable under

clause 92, the Commissioner is to include in the document by

which the decision is notified:

(a) a statement setting out the reasons for the decision; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 10 Review of decisions

Clause 93

74 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) a statement to the effect that an application may be made to

the AAT for a review of the decision.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Miscellaneous Part 11

Clause 94

Broadcasting Services Act 1992 75

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 11—Miscellaneous

94 Additional Commissioner functions

The Commissioner has the following functions:

(a) to monitor compliance with codes and standards registered

under Part 5 of this Schedule;

(b) to advise and assist parents and responsible adults in relation

to the supervision and control of children’s access to internet

content;

(c) to conduct and/or co-ordinate community education

programs about internet content and internet carriage

services, in consultation with relevant industry and consumer

groups and government agencies;

(d) to conduct and/or commission research into issues relating to

internet content and internet carriage services;

(e) to liaise with regulatory and other relevant bodies overseas

about co-operative arrangements for the regulation of the

internet industry, including (but not limited to) collaborative

arrangements to develop:

(i) multilateral codes of practice; and

(ii) internet content labelling technologies;

(f) to inform himself or herself and advise the Minister on

technological developments and service trends in the internet

industry.

96 Schedule not to affect performance of State or Territory

functions

A power conferred by this Schedule must not be exercised in such

a way as to prevent the exercise of the powers, or the performance

of the functions, of government of a State, the Northern Territory

or the Australian Capital Territory.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 1

76 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Schedule 6—Datacasting services Note: See section 216C.

Part 1—Introduction

1 Simplified outline

The following is a simplified outline of this Schedule:

• This Schedule sets up a system for regulating the provision of

datacasting services.

• A person who provides a designated datacasting service must

hold a datacasting licence.

• Datacasting content will be subject to restrictions. Those

restrictions are designed to encourage datacasting licensees to

provide a range of innovative services that are different to

traditional broadcasting services.

• The main restrictions on datacasting content are as follows:

(a) restrictions on the provision of certain genres of

television programs;

(b) restrictions on the provision of audio content.

• Datacasting licensees will be allowed to provide the following

types of content:

(a) information-only programs (including matter that

enables people to carry out transactions);

(b) educational programs;

(c) interactive computer games;

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 77

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) content in the form of text or still visual images;

(e) Parliamentary broadcasts;

(f) ordinary email;

(g) internet content.

• A group that represents datacasting licensees may develop

codes of practice.

• The ACMA has a reserve power to make a standard if there

are no codes of practice or if a code of practice is deficient.

• The ACMA may investigate complaints about datacasting

licensees.

2 Definitions

(1) In this Schedule, unless the contrary intention appears:

advertising or sponsorship material means advertising or

sponsorship material (whether or not of a commercial kind).

Classification Board means the Classification Board established

by the Classification (Publications, Films and Computer Games)

Act 1995.

compilation program means a program that consists of video clips

or other matter edited together to form a structured program, where

there is a heavy emphasis on entertainment value.

declared internet carriage service has the meaning given by

clause 23B.

designated datacasting service has the meaning given by

clause 2A.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 2

78 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

designated teletext service means a teletext service provided by a

commercial television broadcasting licensee, where:

(a) the licensee provided the service throughout the 2-year

period ending immediately before the commencement of this

Schedule; and

(b) the service remains substantially the same as the service

provided throughout that 2-year period.

drama program has the same meaning as in section 103B.

educational program has the meaning given by clause 3.

engage in conduct (except in clause 55 or 56) means:

(a) do an act; or

(b) omit to perform an act.

financial, market or business information bulletin means a

bulletin the sole or dominant purpose of which is to provide

information, analysis, commentary or discussion in relation to

financial, market or business matters.

foreign-language news or current affairs program has the

meaning given by clause 5.

information-only program has the meaning given by clause 4.

infotainment or lifestyle program means a program the sole or

dominant purpose of which is to present factual information in an

entertaining way, where there is a heavy emphasis on

entertainment value.

interactive computer game means a computer game, where:

(a) the way the game proceeds, and the result achieved at various

stages of the game, is determined in response to the

decisions, inputs and direct involvement of the player; and

(b) a part of the software that enables end-users to play the game

is under the control of the datacasting licensee concerned.

internet carriage service has the same meaning as in Schedule 5,

but does not include a service that transmits content that has been

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 79

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

copied from the internet, where the content is selected by the

datacasting licensee concerned.

music program means a program the sole or dominant purpose of

which is to provide:

(a) music with video clips; or

(b) video footage of musical performances;

or both.

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.

nominated datacaster declaration means a declaration under

clause 45.

ordinary email does not include a posting to a newsgroup.

qualified entity means:

(a) a company that:

(i) is registered under Part 2A.2 of the Corporations Act

2001; and

(ii) has a share capital; or

(b) the Commonwealth, a State or a Territory; or

(c) the Australian Broadcasting Corporation; or

(d) the Special Broadcasting Service Corporation; or

(e) any other body corporate established for a public purpose by

a law of the Commonwealth or of a State or Territory.

“reality television” program means a program the sole or

dominant purpose of which is to depict actual, contemporary

events, people or situations in a dramatic or entertaining way,

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 2A

80 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

where there is a heavy emphasis on dramatic impact or

entertainment value.

related body corporate has the same meaning as in the

Corporations Act 2001.

sports program means a program the sole or dominant purpose of

which is to provide:

(a) coverage of one or more sporting events; or

(b) analysis, commentary or discussion in relation to one or more

sporting events;

or both, but does not include a sports news bulletin.

transmitter licence has the same meaning as in the

Radiocommunications Act 1992.

(2) In determining the meaning of an expression used in a provision of

this Act (other than this Schedule), this clause is to be disregarded.

2A Designated datacasting service

(1) For the purposes of this Schedule, a designated datacasting service

is a datacasting service that:

(a) is provided by a person who is:

(i) a commercial television broadcasting licensee; or

(ii) a commercial radio broadcasting licensee; or

(iii) a national broadcaster; or

(b) is of a kind specified in an instrument under subclause (2).

(2) The Minister may, by legislative instrument, specify kinds of

datacasting services for the purposes of paragraph (1)(b).

3 Educational programs

(1) For the purposes of this Schedule, an educational program is

matter, where, having regard to:

(a) the substance of the matter; and

(b) the way in which the matter is advertised or promoted; and

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Introduction Part 1

Clause 4

Broadcasting Services Act 1992 81

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) any other relevant matters;

it would be concluded that the sole or dominant purpose of the

matter is to assist a person in education or learning, whether or not

in connection with a course of study or instruction.

(2) Subclause (1) has effect subject to subclauses (3) and (4).

ACMA determinations

(3) The ACMA may, by legislative instrument, make a determination

providing that, for the purposes of this Schedule, specified matter

is taken to be an educational program.

(4) The ACMA may, by legislative instrument, make a determination

providing that, for the purposes of this Schedule, specified matter

is taken not to be an educational program.

(5) A determination under subclause (3) or (4) has effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

4 Information-only programs

(1) For the purposes of this Schedule, an information-only program is

matter the sole or dominant purpose of which is to:

(a) provide factual information, or directly-related comment,

about any of a wide range of matters, including but not

limited to any of the following:

(i) products;

(ii) services;

(iii) community activities;

(iv) domestic or household matters;

(v) private recreational pursuits or hobbies;

(vi) legal rights, obligations or responsibilities;

(vii) first aid, health or safety matters;

(viii) emergencies or natural disasters;

(ix) rural matters;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 4

82 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(x) travel matters;

(xi) crime prevention matters; or

(b) enable and/or facilitate the carrying out and/or completion of

transactions;

or both, where there is not a significant emphasis on dramatic

impact or entertainment.

(2) Subclause (1) has effect subject to subclauses (3) and (4).

ACMA determinations

(3) The ACMA may, by legislative instrument, make a determination

providing that, for the purposes of this Schedule, specified matter

is taken to be an information-only program.

(4) The ACMA may, by legislative instrument, make a determination

providing that, for the purposes of this Schedule, specified matter

is taken not to be an information-only program.

(5) A determination under subclause (3) or (4) has effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Definitions

(8) In this clause:

community activity means:

(a) a meeting, event, performance or other activity that can be

attended by:

(i) the public; or

(ii) a section of the public; or

(iii) members of a particular club, society or organisation; or

(b) the activity of visiting an institution, a tourist attraction or

other place;

whether on payment of a charge or otherwise.

product includes real property.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Introduction Part 1

Clause 5

Broadcasting Services Act 1992 83

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

services means any services, benefits, rights, privileges or facilities

that are capable of being provided, granted or conferred:

(a) in trade or commerce; or

(b) by a government or government authority; or

(c) in any other way.

transactions includes:

(a) commercial transactions; and

(b) banking transactions; and

(c) insurance transactions; and

(d) dealings about employment matters; and

(e) dealings with governments and government authorities.

5 Foreign-language news or current affairs programs

(1) For the purposes of this Schedule, a foreign-language news or

current affairs program means a news or current affairs program

that is wholly in a language other than English.

(2) For the purposes of subclause (1), disregard minor and infrequent

uses of the English language.

(3) For the purposes of subclause (1), disregard any English language

subtitles or captioning.

6 Datacasting content is taken not to be a television program or a

radio program etc.

For the purposes of this Act (other than Divisions 1 and 2 of Part 3

of this Schedule) and any other law of the Commonwealth (other

than the Tobacco Advertising Prohibition Act 1992), if a

datacasting service is provided under, and in accordance with the

conditions of, a datacasting licence:

(a) any matter provided on that service is taken not to be a

television program or a radio program; and

(b) any matter provided on that service is taken not to be

broadcast or televised; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 6

84 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) that service is taken not to be a broadcasting service, a

television service or a radio service.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Datacasting licences Part 2

Clause 7

Broadcasting Services Act 1992 85

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 2—Datacasting licences

7 Allocation of datacasting licence

(1) The ACMA may allocate a datacasting licence to a person, on

written application by the person.

(2) Applications must:

(a) be in accordance with a form approved in writing by the

ACMA; and

(b) be accompanied by the application fee determined in writing

by the ACMA.

8 When datacasting licence must not be allocated

(1) A datacasting licence is not to be allocated to an applicant if:

(a) the applicant is not a qualified entity; or

(b) the ACMA decides that subclause 9(1) applies to the

applicant.

(2) The ACMA may refuse to allocate a datacasting licence to an

applicant if a datacasting licence held by the applicant, or by a

related body corporate of the applicant, was cancelled at any time

during the previous 12 months.

(3) Paragraph (1)(b) does not require the ACMA to consider the

application of clause 9 in relation to an applicant before allocating

a licence to the applicant.

9 Unsuitable applicant

(1) The ACMA may, if it is satisfied that allowing a particular person

to provide a datacasting service under a datacasting licence would

lead to a significant risk of:

(a) an offence against this Act or the regulations being

committed; or

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 2 Datacasting licences

Clause 10

86 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(aa) a breach of a civil penalty provision occurring; or

(b) a breach of the conditions of the licence occurring;

decide that this subclause applies to the person.

(2) 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 would be, if a

datacasting licence were allocated to the first-mentioned

person, 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; and

(f) whether a civil penalty order has been made against:

(i) the first-mentioned person; or

(ii) a person referred to in paragraph (c) or (d).

(3) 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).

10 Transfer of datacasting licences

(1) A datacasting licensee may transfer the licence to another qualified

entity.

(2) A transferee of a datacasting licence must, within 7 days after the

transfer, notify the ACMA of the transfer.

Penalty: 50 penalty units.

(2A) Subclause (2) is an offence of strict liability.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Datacasting licences Part 2

Clause 11

Broadcasting Services Act 1992 87

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) A notification must be in accordance with a form approved in

writing by the ACMA.

11 Surrender of datacasting licences

A datacasting licensee may, by written notice given to the ACMA,

surrender the licence.

12 ACMA to maintain Register of datacasting licences

(1) The ACMA is to maintain a Register in which the ACMA

includes:

(a) particulars of datacasting licences; and

(b) such information about transmitter licences as the ACMA

determines.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 1 Genre conditions

Clause 13

88 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 3—Conditions of datacasting licences

Division 1—Genre conditions

13 Category A television programs

(1) For the purposes of this Division, each of the following television

programs is a category A television program:

(a) a drama program;

(c) a sports program;

(d) a music program;

(e) an infotainment or lifestyle program;

(f) a documentary program;

(g) a “reality television” program;

(h) a children’s entertainment program;

(i) a light entertainment or variety program;

(j) a compilation program;

(k) a quiz or games program;

(l) a comedy program;

(m) a program that consists of a combination of any or all of the

above programs.

(2) Subclause (1) has effect subject to subclauses (3), (4) and (5).

(3) For the purposes of this Division, neither of the following

television programs is a category A television program:

(a) an information-only program;

(b) an educational 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 A

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions Division 1

Clause 14

Broadcasting Services Act 1992 89

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

A 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.

14 Condition relating to category A 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 A television program; or

(b) an extract from a category A television program.

(2) The condition set out in subclause (1) does not prevent the licensee

from transmitting an extract from a category A television program,

so long as:

(a) the extract is not longer than 10 minutes; and

(c) the extract is not combined with one or more other extracts

from category A television programs in such a way that the

extracts together constitute the whole or a majority of a

particular category A television program; and

(d) having regard to:

(i) the nature of the extract; and

(ii) the circumstances in which the extract is provided;

it would be concluded that the licensee did not intend that the

extract be combined with one or more other extracts from

category A television programs in such a way that the

extracts together constitute the whole or a majority of a

particular category A television program.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 1 Genre conditions

Clause 15

90 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) A reference in subclause (2) to a category A television program is

a reference to matter that is covered by subclause (1) because of

paragraph (1)(a).

(4) A reference in subclause (2) to an extract from a category A

television program is a reference to matter that is covered by

subclause (1) because of paragraph (1)(b).

(5) If, because of subclause (2) 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 16(1)

does not prevent the licensee from transmitting that matter.

15 Category B television programs

(1) For the purposes of this Division, each of the following television

programs is a category B television program:

(a) a news or current affairs program;

(b) a financial, market or business information bulletin;

(c) a weather bulletin;

(d) a bulletin or program that consists of a combination of any or

all of the above bulletins or programs.

(2) Subclause (1) has effect subject to subclauses (3), (4) and (5).

(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).

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions Division 1

Clause 16

Broadcasting Services Act 1992 91

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 1 Genre conditions

Clause 16

92 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions Division 1

Clause 17

Broadcasting Services Act 1992 93

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 1 Genre conditions

Clause 18A

94 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions Division 1

Clause 20AA

Broadcasting Services Act 1992 95

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 2 Audio content condition

Clause 21

96 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Audio content condition Division 2

Clause 22

Broadcasting Services Act 1992 97

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 2 Audio content condition

Clause 23

98 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions: anti-avoidance Division 2A

Clause 23B

Broadcasting Services Act 1992 99

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 3 Other conditions

Clause 24

100 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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, 4, 5 and 6 of Schedule 2 (as modified by subclause (4) of

this clause);

(b) the licensee will not, in contravention of the Tobacco

Advertising Prohibition Act 1992, transmit a tobacco

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+ by the Classification Board;

(f) the licensee will not transmit datacasting content that has

been classified R 18+ by the Classification Board 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 an

online provider rule (within the meaning of Schedule 5) that

is applicable to the licensee in relation to the internet carriage

service;

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Other conditions Division 3

Clause 24

Broadcasting Services Act 1992 101

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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, 4, 5 and 6 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

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 3 Other conditions

Clause 25

102 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Other conditions Division 3

Clause 26

Broadcasting Services Act 1992 103

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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.

(2) If the ACMA proposes to vary or revoke a condition or to impose a

new condition, the ACMA must:

(a) give to the licensee written notice of its intention; and

(b) give to the licensee a reasonable opportunity to make

representations to the ACMA in relation to the proposed

action; and

(c) make the proposed changes available on the internet.

(3) Action taken under subclause (1) must not be inconsistent with

conditions set out in:

(a) clause 14; or

(b) clause 16; or

(c) clause 21; or

(d) clause 24; or

(e) clause 25.

(4) Conditions of datacasting licences varied or imposed by the

ACMA must be relevant to the datacasting services to which those

licences relate.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 3 Other conditions

Clause 27

104 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(5) Without limiting the range of conditions that may be imposed, the

ACMA may impose a condition on a datacasting licensee:

(a) requiring the licensee to comply with a code of practice that

is applicable to the licensee; or

(b) designed to ensure that a breach of a condition by the

licensee does not recur.

ACMA to maintain Register of conditions

(6) The ACMA is to maintain a register in which it includes particulars

of:

(a) conditions imposed under this clause; and

(b) variations of conditions under this clause; and

(c) revocations of conditions under this clause.

(7) The Register may be maintained by electronic means.

(8) The Register is to be made available for inspection on the internet.

27 Restricted access system

(1) The ACMA may, by legislative instrument, declare that a specified

access-control system is a restricted access system for the purposes

of this Division. A declaration under this subclause has effect

accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) In making an instrument under subclause (1), the ACMA must

have regard to:

(a) the objective of protecting children from exposure to matter

that is unsuitable for children; and

(b) such other matters (if any) as the ACMA considers relevant.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Exemption orders for content copied from the internet Division 4

Clause 27A

Broadcasting Services Act 1992 105

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Exemption orders for content copied from the

internet

27A Exemption orders in relation to content copied from the

internet

(1) If the ACMA is satisfied that:

(a) matter is proposed to be transmitted by a datacasting

licensee; and

(b) the matter is content that is proposed to be copied from the

internet; and

(c) the content is proposed to be selected by the datacasting

licensee; and

(d) if it were assumed that clause 20AA and subclause 21(10)

had not been enacted:

(i) any breach of the conditions set out in clauses 14 and 16

and subclause 21(1) that would arise from the

transmission of the matter would be of a minor,

infrequent or incidental nature; or

(ii) the transmission of the matter would not be contrary to

the purpose of clauses 14, 16 and 21;

the ACMA may, by writing, make an exemption order in relation

to the transmission of the matter.

(2) If the ACMA receives a request from a datacasting licensee to

make an exemption order in relation to the transmission of matter

by the licensee, the ACMA must use its best endeavours to make

that decision within 28 days after the request was made.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 4 Codes of practice

Clause 28

106 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Codes of practice

28 Development of codes of practice

(1) The Parliament intends that:

(a) a group that the ACMA is satisfied represents datacasting

licensees should develop codes of practice that are to be

applicable to the datacasting operations of datacasting

licensees; and

(b) those codes of practice should be developed:

(i) in consultation with the ACMA; and

(ii) taking account of any relevant research conducted by

the ACMA.

Content of codes of practice

(2) Codes of practice may relate to:

(a) preventing the transmission of matter that, in accordance

with community standards, is not suitable to be transmitted

by datacasting licensees; and

(b) methods of ensuring that the protection of children from

exposure to datacasting content which may be harmful to

them is a high priority; and

(c) methods of classifying datacasting content that reflect

community standards; and

(d) promoting accuracy and fairness in datacasting content that

consists of news or current affairs; and

(e) preventing the transmission of datacasting content that:

(i) simulates news or events in a way that misleads or

alarms end-users; or

(ii) depicts the actual process of putting a person into a

hypnotic state; or

(iii) is designed to induce a hypnotic state in end-users; or

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Codes of practice Part 4

Clause 28

Broadcasting Services Act 1992 107

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(iv) uses or involves the process known as subliminal

perception or any other technique that attempts to

convey information to end-users by transmitting

messages below or near the threshold of normal

awareness; and

(f) datacasting content that consists of:

(i) advertising; or

(ii) sponsorship announcements; and

(g) methods of:

(i) handling complaints from the public about datacasting

content or compliance with codes of practice; and

(ii) reporting to the ACMA on complaints so made; and

(h) in a case where there are customers of datacasting

licensees—dealings with those customers, including methods

of billing, fault repair, privacy and credit management; and

(i) such other matters relating to datacasting content as are of

concern to the community.

Classification etc.

(3) In developing codes of practice relating to matters referred to in

paragraphs (2)(a) and (c), community attitudes to the following

matters are to be taken into account:

(a) the portrayal in datacasting content of physical and

psychological violence;

(b) the portrayal in datacasting content of sexual conduct and

nudity;

(c) the use in datacasting content of offensive language;

(d) the portrayal in datacasting content of the use of drugs,

including alcohol and tobacco;

(e) the portrayal in datacasting content of matter that is likely to

incite or perpetuate hatred against, or vilifies, any person or

group on the basis of ethnicity, nationality, race, gender,

sexual orientation, age, religion or physical or mental

disability;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 4 Codes of practice

Clause 28

108 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(f) such other matters relating to datacasting content as are of

concern to the community.

(4) In developing codes of practice referred to in paragraph (2)(a), (b)

or (c), the group that the ACMA is satisfied represents datacasting

licensees must ensure that:

(a) for the purpose of classifying films—those codes apply the

film classification system administered by the Classification

Board; and

(b) those codes provide for methods of modifying films having

particular classifications under that system so that the films

are suitable to be transmitted; and

(c) those codes provide for the provision of advice to consumers

on the reasons for films receiving a particular classification;

and

(d) for the purpose of classifying interactive computer games—

those codes apply the computer games classification system

administered by the Classification Board; and

(e) those codes provide for the provision of advice to consumers

on the reasons for interactive computer games receiving a

particular classification; and

(f) for the purpose of classifying content (other than films or

interactive computer games)—those codes apply the film

classification system administered by the Classification

Board in a corresponding way to the way in which that

system applies to films; and

(g) those codes provide for methods of modifying content (other

than films or interactive computer games) having particular

classifications under that system (as correspondingly applied)

so that the content is suitable to be transmitted; and

(h) those codes provide for the provision of advice to consumers

on the reasons for content (other than films or interactive

computer games) receiving a particular classification.

(5) In developing codes of practice referred to in paragraph (2)(a) or

(b), the group that the ACMA is satisfied represents datacasting

licensees must ensure that films classified as “M” or “MA 15+” do

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Codes of practice Part 4

Clause 30

Broadcasting Services Act 1992 109

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

not portray material that goes beyond the previous “AO”

classification criteria.

Registration of codes of practice

(6) If:

(a) the group that the ACMA is satisfied represents datacasting

licensees develops a code of practice to be observed in the

conduct of the datacasting operations of those licensees; and

(b) the ACMA is satisfied that:

(i) the code of practice provides appropriate community

safeguards for the matters covered by the code; and

(ii) the code is endorsed by a majority of datacasting

licensees; and

(iii) members of the public have been given an adequate

opportunity to comment on the code;

the ACMA must include that code in the Register of codes of

practice.

Interactive computer game

(7) In this clause:

interactive computer game includes a computer game within the

meaning of the Classification (Publications, Films and Computer

Games) Act 1995.

30 ACMA to maintain Register of codes of practice

(1) The ACMA is to maintain a Register in which it includes all codes

of practice registered under clause 28.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 4 Codes of practice

Clause 31

110 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

31 ACMA may determine standards where codes of practice fail or

where no code of practice developed

(1) If:

(a) the ACMA is satisfied that there is convincing evidence that

a code of practice registered under clause 28 is not operating

to provide appropriate community safeguards for a matter

referred to in subclause 28(2) in relation to the datacasting

operations of datacasting licensees; and

(b) the ACMA is satisfied that it should determine a standard in

relation to that matter;

the ACMA must, by legislative instrument, determine a standard in

relation to that matter.

(2) If:

(a) no code of practice has been registered under clause 28 for a

matter referred to in subclause 28(2); and

(b) the ACMA is satisfied that it should determine a standard in

relation to that matter;

the ACMA must, by legislative instrument, determine a standard in

relation to that matter.

32 Consultation on standards

The ACMA must, before determining, varying or revoking a

standard, seek public comment on the proposed standard or the

variation or revocation.

33 Notification of determination or variation or revocation of

standards

If the ACMA determines or varies or revokes a standard, the

ACMA must publish in the Gazette a notice stating:

(a) that the standard has been determined, varied or revoked; and

(b) the places where copies of the standard or of the variation or

revocation can be purchased.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Codes of practice Part 4

Clause 34

Broadcasting Services Act 1992 111

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

34 Limitation of ACMA’s power in relation to standards

(1) The ACMA must not determine a standard that requires that,

before datacasting content is transmitted, the datacasting content,

or a sample of the datacasting content, be approved by the ACMA

or by a person or body appointed by the ACMA.

(2) However, the ACMA may determine such a standard in relation to

datacasting content for children.

35 This Part does not apply to internet carriage services or ordinary

email

This Part 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.

35A This Part does not apply to the ABC or SBS

For the purposes of this Part, the Australian Broadcasting

Corporation and the Special Broadcasting Service Corporation are

taken not to be datacasting licensees.

Note: If the Australian Broadcasting Corporation or the Special

Broadcasting Service Corporation is otherwise a datacasting licensee,

it is a duty of the Board of the Corporation to develop a code of

practice that relates to the service provided under the licence. See

paragraph 8(1)(e) of the Australian Broadcasting Corporation Act

1983 and paragraph 10(1)(j) of the Special Broadcasting Service Act

1991.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 5 Complaints to the ACMA about datacasting services

Clause 36

112 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Complaints to the ACMA about

datacasting services

36 Complaints about offences or breach of licence conditions

(1) If a person believes that a datacasting licensee has:

(a) committed an offence against this Act or the regulations; or

(b) breached a condition of the datacasting licence;

the person may make a complaint to the ACMA about the matter.

(2) If a person believes that another person is providing a designated

datacasting service without a datacasting licence that authorises the

provision of that service, the first-mentioned person may make a

complaint to the ACMA about the matter.

37 Complaints under codes of practice

(1) If:

(a) a person has made a complaint to a datacasting licensee about

a matter relating to:

(i) datacasting content; or

(ii) compliance with a code of practice that applies to the

datacasting operations of datacasting licensees and that

is included in the Register of codes of practice; and

(b) if there is a relevant code of practice relating to the handling

of complaints of that kind—the complaint was made in

accordance with that code of practice; and

(c) either:

(i) the person has not received a response within 60 days

after making the complaint; or

(ii) the person has received a response within that period

but considers that response to be inadequate;

the person may make a complaint to the ACMA about the matter.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Complaints to the ACMA about datacasting services Part 5

Clause 38

Broadcasting Services Act 1992 113

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) This clause 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.

(3) Also, this clause does not apply if the datacasting licensee is the

Australian Broadcasting Corporation or the Special Broadcasting

Service Corporation.

Note: Sections 150 to 153 deal with complaints about a datacasting service

provided by the Australian Broadcasting Corporation or the Special

Broadcasting Service Corporation.

38 Investigation of complaints by the ACMA

The ACMA may investigate the complaint if the ACMA thinks

that it is desirable to do so.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 6 Control of datacasting transmitter licences

Clause 41

114 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 6—Control of datacasting transmitter licences

41 Datacasting transmitter licences not to be controlled by ABC or

SBS

(1) The Australian Broadcasting Corporation must not be in a position

to exercise control of a datacasting transmitter licence.

(2) The Special Broadcasting Service Corporation must not be in a

position to exercise control of a datacasting transmitter licence.

(3) Subclauses (1) and (2) do not apply to a channel B datacasting

transmitter licence unless the relevant transmitter, or any of the

relevant transmitters, is operated for transmitting a datacasting

service that is capable of being received by a domestic digital

television receiver.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Nominated datacaster declarations Part 7

Clause 42

Broadcasting Services Act 1992 115

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 7—Nominated datacaster declarations

42 Object of this Part

The object of this Part is to provide for the making of declarations

(nominated datacaster declarations) that allow the following

licences to be held by different persons:

(a) a datacasting licence that authorises the provision of a

datacasting service;

(b) a datacasting transmitter licence for a radiocommunications

transmitter that is for use for transmitting the datacasting

service.

43 Datacasting transmitter licence

A reference in this Part to a datacasting transmitter licence does

not include a reference to an authorisation under section 114 of the

Radiocommunications Act 1992.

44 Applications for nominated datacaster declarations

(1) If there is:

(a) a datacasting licence that authorises the provision of a

datacasting service; and

(b) a datacasting transmitter licence for a transmitter that is

intended for use for transmitting the datacasting service;

the licensee of the datacasting transmitter licence may apply to the

ACMA for a nominated datacaster declaration in relation to the

provision of the datacasting service under the datacasting licence.

(2) An application must be accompanied by:

(a) the application fee determined in writing by the ACMA; and

(b) the consent of the licensee of the datacasting licence.

(3) The application and consent must be:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 7 Nominated datacaster declarations

Clause 45

116 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) in writing; and

(b) in accordance with a form approved in writing by the

ACMA.

45 Making a nominated datacaster declaration

(1) After considering the application, the ACMA must declare in

writing that the provision of the datacasting service under the

datacasting licence is nominated in relation to the datacasting

transmitter licence if the ACMA is satisfied that:

(a) the licensee of the datacasting transmitter licence will

transmit the datacasting service on behalf of the licensee of

the datacasting licence; and

(b) the licensee of the datacasting transmitter licence will not be

involved in the selection or provision of datacasting content

to be transmitted on the datacasting service.

(2) The ACMA must give a copy of the declaration to:

(a) the applicant; and

(b) the licensee of the datacasting licence.

(3) If the ACMA refuses to make a nominated datacaster declaration,

the ACMA must give written notice of the refusal to:

(a) the applicant; and

(b) the licensee of the datacasting licence.

46 Effect of nominated datacaster declaration

If:

(a) a nominated datacaster declaration is in force; and

(b) the licensee of the datacasting transmitter licence transmits

the datacasting service on behalf of the licensee of the

datacasting licence;

then:

(c) for the purposes of the Radiocommunications Act 1992, the

licensee of the datacasting licence is taken not to operate the

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Nominated datacaster declarations Part 7

Clause 47

Broadcasting Services Act 1992 117

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

radiocommunications transmitter for any purpose in

connection with that transmission; and

(d) for the purposes of this Act:

(i) the licensee of the datacasting licence is taken to

provide the datacasting service; and

(ii) the licensee of the datacasting transmitter licence is

taken not to provide the datacasting service; and

(e) for the purposes of this Act (other than Schedule 1) and the

Tobacco Advertising Prohibition Act 1992, any content that

is transmitted by the licensee of the datacasting transmitter

licence on behalf of the licensee of the datacasting licence:

(i) is taken to be content transmitted by the licensee of the

datacasting licence; and

(ii) is not taken to be content transmitted by the licensee of

the datacasting transmitter licence.

47 Revocation of nominated datacaster declaration

(1) The ACMA must, by writing, revoke a nominated datacaster

declaration if the ACMA is satisfied that:

(a) the licensee of the datacasting transmitter licence is not

transmitting, or does not propose to transmit, the datacasting

service on behalf of the licensee of the datacasting licence; or

(b) the licensee of the datacasting transmitter licence is involved,

or proposes to become involved, in the selection or provision

of datacasting content to be transmitted on the datacasting

service.

(2) The ACMA must, by writing, revoke a nominated datacaster

declaration if:

(a) the licensee of the datacasting transmitter licence; or

(b) the licensee of the datacasting licence;

gives the ACMA a written notice stating that the licensee does not

consent to the continued operation of the declaration.

(3) The ACMA must give a copy of the revocation to:

(a) the licensee of the datacasting transmitter licence; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 7 Nominated datacaster declarations

Clause 48

118 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the licensee of the datacasting licence.

(4) A revocation under subclause (1) or (2) takes effect on the date

specified in the revocation.

(5) The ACMA must not revoke a nominated datacaster declaration

under subclause (1) unless the ACMA has first:

(a) given the licensee of the datacasting transmitter licence a

written notice:

(i) setting out a proposal to revoke the declaration; and

(ii) inviting the licensee to make a submission to the

ACMA on the proposal; and

(b) given the licensee of the datacasting licence a written notice:

(i) setting out a proposal to revoke the declaration; and

(ii) inviting the licensee to make a submission to the

ACMA on the proposal; and

(c) considered any submission that was received under

paragraph (a) or (b) within the time limit specified in the

notice concerned.

(6) A time limit specified in a notice under subclause (5) must run for

at least 7 days.

(7) A person must not enter into a contract or arrangement under

which the person or another person is:

(a) prevented from giving a notice under subclause (2); or

(b) subject to any restriction in relation to the giving of a notice

under subclause (2).

(8) A contract or arrangement entered into in contravention of

subclause (7) is void.

48 Register of nominated datacaster declarations

(1) The ACMA is to maintain a register in which the ACMA includes

particulars of all nominated datacaster declarations currently in

force.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Nominated datacaster declarations Part 7

Clause 48

Broadcasting Services Act 1992 119

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 1 Providing a designated datacasting service without a licence

Clause 49

120 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

(1) A person commits an offence if the person:

(a) intentionally provides a designated datacasting service; and

(b) does not have a datacasting licence to provide the service.

Penalty: 20,000 penalty units.

(2) A person who contravenes subclause (1) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any later day) during which the contravention

continues.

(3) A person must not provide a designated datacasting service if the

person does not have a datacasting licence to provide that service.

(4) Subclause (3) is a civil penalty provision.

(5) A person who contravenes subclause (3) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

Note 1: For exemptions for broadcasters, see clause 51.

Note 2: For exemptions for designated teletext services, see clause 51A.

50 Remedial directions—unlicensed datacasting services

(1) If the ACMA is satisfied that a person has breached, or is

breaching, subclause 49(3), the ACMA may, by written notice

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Providing a designated datacasting service without a licence Division 1

Clause 50

Broadcasting Services Act 1992 121

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

given to the person, direct the person to take action directed

towards ensuring that the person does not breach that subclause, or

is unlikely to breach that subclause, in the future.

Note 1: For exemptions for broadcasters, see clause 51.

Note 2: For exemptions for designated teletext services, see clause 51A.

Offence

(2) A person commits an offence if:

(a) the person has been given a notice under subclause (1); and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes a requirement in the notice.

Penalty: 20,000 penalty units.

(3) A person who contravenes subclause (2) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any subsequent day) during which the contravention

continues.

Civil penalty

(4) A person must comply with a notice under subclause (1).

(5) Subclause (4) is a civil penalty provision.

(6) A person who contravenes subclause (4) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

Definition

(7) In this clause:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 1 Providing a designated datacasting service without a licence

Clause 51

122 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

51 Exemption for broadcasting licensees etc.

(1) Clauses 49 and 50 do not apply to the provision of a broadcasting

service under, and in accordance with the conditions of:

(a) a licence allocated by the ACMA under this Act (other than

this Schedule); or

(b) a class licence.

(2) Clauses 49 and 50 do not apply to the provision of a national

broadcasting service.

51A Exemption for designated teletext services

Clauses 49 and 50 do not apply to the provision of a designated

teletext service.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Breaches of licence conditions Division 2

Clause 52

Broadcasting Services Act 1992 123

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Breaches of licence conditions

52 Offence for breach of conditions

(1) A person commits an offence if:

(a) the person is a datacasting licensee; and

(b) the person intentionally engages in conduct; and

(c) the person’s conduct breaches a condition of the licence set

out in clause 14, 16, 21 or 24.

Penalty: 2,000 penalty units.

(2) A person who contravenes subclause (1) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any later day) during which the contravention

continues.

52A Civil penalty provision relating to breach of conditions of

datacasting licences

(1) A datacasting licensee must not breach a condition of the licence

set out in clause 14, 16, 21 or 24.

(2) Subclause (1) is a civil penalty provision.

(3) A person who contravenes subclause (1) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

53 Remedial directions—breach of conditions

(1) If a datacasting licensee has breached, or is breaching, a condition

of the licence (other than the condition set out in clause 25), the

ACMA may, by written notice given to the licensee, direct the

licensee to take action directed towards ensuring that the licensee

does not breach the condition, or is unlikely to breach the

condition, in the future.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 2 Breaches of licence conditions

Clause 54

124 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) The following are examples of the kinds of direction that may be

given to a licensee under subclause (1):

(a) a direction that the licensee implement effective

administrative systems for monitoring compliance with a

condition of the licence;

(b) a direction that the licensee implement a system designed to

give the licensee’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of a condition of the licence, in so far as those requirements

affect the employees, agents or contractors concerned.

(3) A person is not required to comply with a notice under

subclause (1) until the end of the period specified in the notice.

That period must be reasonable.

(4) A person commits an offence if:

(a) a person has been given a notice under subclause (1); and

(b) the person intentionally engages in conduct; and

(c) the person’s conduct contravenes a requirement in the notice.

Penalty: 20,000 penalty units.

(5) A person who contravenes subclause (4) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any later day) during which the contravention

continues.

(6) A person must comply with a notice under subclause (1).

(7) Subclause (6) is a civil penalty provision.

(8) A person who contravenes subclause (6) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

54 Suspension and cancellation

(1) If a person who is a datacasting licensee:

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Breaches of licence conditions Division 2

Clause 54

Broadcasting Services Act 1992 125

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) fails to comply with a notice under clause 53; or

(b) breaches a condition of the licence;

the ACMA may, by written notice given to the person:

(c) suspend the licence for such period, not exceeding 3 months,

as is specified in the notice; or

(d) cancel the licence.

(2) If a datacasting licence is suspended because of a breach of a

condition set out in clause 14, 16 or 21, the ACMA may take such

action, by way of suspending one or more datacasting licences held

by:

(a) the licensee; or

(b) a related body corporate of the licensee;

as the ACMA considers necessary to ensure that the same, or a

substantially similar, datacasting service is not transmitted by the

licensee or the related body corporate, as the case may be, during

the period of suspension.

(3) If a datacasting licence is cancelled because of a breach of a

condition set out in clause 14, 16 or 21, the ACMA may take such

action, by way of cancelling one or more datacasting licences held

by:

(a) the licensee; or

(b) a related body corporate of the licensee;

as the ACMA considers necessary to ensure that the same, or a

substantially similar, datacasting service is not transmitted by the

licensee or the related body corporate, as the case may be, at a time

after the cancellation.

(4) If the ACMA proposes to take action against a person under

subclause (1), (2) or (3), the ACMA must give to the person:

(a) written notice of its intention; and

(b) a reasonable opportunity to make representations to the

ACMA in relation to the proposed action.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 2 Breaches of licence conditions

Clause 55

126 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

55 Injunctions

Restraining injunctions

(1) If a person who is a datacasting licensee has engaged, is engaging

or is proposing to engage, in any conduct in contravention of a

condition of the licence (other than a condition set out in

clause 25), the Federal Court may, on the application of the

ACMA, grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court’s opinion, it is desirable to do so—requiring

the person to do something.

(2) If a person has engaged, is engaging or is proposing to engage, in

any conduct in contravention of clause 49, the Federal Court may,

on the application of the ACMA, grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court’s opinion, it is desirable to do so—requiring

the person to do something.

Performance injunctions

(3) If:

(a) a person who is a datacasting licensee has refused or failed,

or is refusing or failing, or is proposing to refuse or fail, to do

an act or thing; and

(b) the refusal or failure was, is or would be a contravention of a

condition of the licence (other than a condition set out in

clause 25);

the Federal Court may, on the application of the ACMA, grant an

injunction requiring the person to do that act or thing.

56 Federal Court’s powers relating to injunctions

Grant of interim injunction

(1) If an application is made to the Federal Court for an injunction

under clause 55, the court may, before considering the application,

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Breaches of licence conditions Division 2

Clause 56

Broadcasting Services Act 1992 127

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

grant an interim injunction restraining a person from engaging in

conduct of a kind referred to in that clause.

No undertakings as to damages

(2) The Federal Court is not to require an applicant for an injunction

under clause 55, as a condition of granting an interim injunction, to

give any undertakings as to damages.

Discharge etc. of injunctions

(3) The Federal Court may discharge or vary an injunction granted

under clause 55.

Certain limits on granting injunctions do not apply

(4) The power of the Federal Court under clause 55 to grant an

injunction restraining a person from engaging in conduct of a

particular kind may be exercised:

(a) if the court is satisfied that the person has engaged in conduct

of that kind—whether or not it appears to the court that the

person intends to engage again, or to continue to engage, in

conduct of that kind; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will engage in conduct of that kind—

whether or not the person has previously engaged in conduct

of that kind and whether or not there is an imminent danger

of substantial damage to any person if the person engages in

conduct of that kind.

(5) The power of the Federal Court under clause 55 to grant an

injunction requiring a person to do an act or thing may be

exercised:

(a) if the court is satisfied that the person has refused or failed to

do that act or thing—whether or not it appears to the court

that the person intends to refuse or fail again, or to continue

to refuse or fail, to do that act or thing; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will refuse or fail to do that act or

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 2 Breaches of licence conditions

Clause 57

128 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

thing—whether or not the person has previously refused or

failed to do that act or thing and whether or not there is an

imminent danger of substantial damage to any person if the

person refuses or fails to do that act or thing.

Other powers of the court unaffected

(6) The powers conferred on the Federal Court under clause 55 are in

addition to, and not instead of, any other powers of the court,

whether conferred by this Act or otherwise.

57 Stay of proceedings relating to additional licence conditions,

remedial directions and suspension/cancellation decisions

(1) For the purposes of this clause, an eligible decision is:

(a) a decision under clause 26 to impose or vary a condition of a

datacasting licence; or

(b) a decision to give a direction under clause 53 (which deals

with remedial directions); or

(c) a decision to suspend or cancel a datacasting licence under

clause 54.

(2) An order must not be made under paragraph 15(1)(a) or 15A(1)(a)

of the Administrative Decisions (Judicial Review) Act 1977 in

relation to an eligible decision if:

(a) the order has the effect of suspending the operation of the

eligible decision for more than 3 months; or

(b) the order and any previous order or orders made under the

paragraph concerned have the combined effect of suspending

the operation of the eligible decision for more than 3 months.

(3) An order must not be made under paragraph 15(1)(b) or 15A(1)(b)

of the Administrative Decisions (Judicial Review) Act 1977 in

relation to an eligible decision if:

(a) the order has the effect of staying particular proceedings

under the eligible decision for more than 3 months; or

(b) the order and any previous order or orders made under the

paragraph concerned have the combined effect of staying

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Breaches of licence conditions Division 2

Clause 57

Broadcasting Services Act 1992 129

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

particular proceedings under the eligible decision for more

than 3 months.

(4) If:

(a) a person applies to the Federal Court under

subsection 39B(1) of the Judiciary Act 1903 for a writ or

injunction in relation to an eligible decision; and

(b) an order could be made staying, or otherwise affecting the

operation or implementation of, the eligible decision pending

the finalisation of the application;

such an order must not be made if:

(c) the order has the effect of staying, or otherwise affecting the

operation or implementation of, the eligible decision for

more than 3 months; or

(d) the order and any previous order or orders covered by

paragraph (b) have the combined effect of staying, or

otherwise affecting the operation or implementation of, the

eligible decision for more than 3 months.

(5) If:

(a) a person applies to the Administrative Appeals Tribunal for

review of an eligible decision; and

(b) an order could be made under subsection 41(2) of the

Administrative Appeals Tribunal Act 1975 staying, or

otherwise affecting the operation or implementation of, the

eligible decision;

such an order must not be made if:

(c) the order has the effect of staying, or otherwise affecting the

operation or implementation of, the eligible decision for

more than 3 months; or

(d) the order and any previous order or orders covered by

paragraph (b) have the combined effect of staying, or

otherwise affecting the operation or implementation of, the

eligible decision for more than 3 months.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 9 Review of decisions

Clause 58

130 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 9—Review of decisions

58 Review by the Administrative Appeals Tribunal

An application may be made to the Administrative Appeals

Tribunal for a review of a decision set out in the second column of

the table made under the provision of this Schedule set out in the

third column, but such an application may only be made by the

person described in the fourth column.

Reviewable decisions

Item Decision Provision Person who

may apply

1 refusal to allocate datacasting

licence

clause 7 or 8 the applicant

2 that a person is not a suitable

applicant

subclause 9(1) the person

2A that an internet carriage service is a

declared internet carriage service

subclause 23B(1) the licensee

3 that a person is not a suitable

licensee

subclause 25(3) the licensee

4 Variation of datacasting licence

conditions or imposition of new

conditions

subclause 26(1) the licensee

4A refusal to make an exemption order clause 27B the licensee

5 refusal to include a code of practice

in the Register

subclause 28(6) the relevant

industry group

6 refusal to make a nominated

datacaster declaration

clause 45 the licensee of

the datacasting

transmitter

licence or the

licensee of the

datacasting

licence

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Review of decisions Part 9

Clause 59

Broadcasting Services Act 1992 131

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Reviewable decisions

Item Decision Provision Person who

may apply

7 revocation of a nominated

datacaster declaration

clause 47 the licensee of

the datacasting

transmitter

licence or the

licensee of the

datacasting

licence

8 to give or vary, or to refuse to

revoke, a direction

clause 53 the licensee

9 suspension or cancellation of

datacasting licence

clause 54 the licensee

59 Notification of decisions to include notification of reasons and

appeal rights

If the ACMA makes a decision that is reviewable under clause 58,

the ACMA is to include in the document by which the decision is

notified:

(a) a statement setting out the reasons for the decision; and

(b) a statement to the effect that an application may be made to

the Administrative Appeals Tribunal for a review of the

decision.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 1

132 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Schedule 7—Content services Note: See section 216D.

Part 1—Introduction

1 Simplified outline

The following is a simplified outline of this Schedule:

• A person may make a complaint to the Commissioner about

prohibited content, or potential prohibited content, in relation

to certain services.

• The Commissioner may take the following action to deal with

prohibited content or potential prohibited content:

(a) in the case of a hosting service—issue a take-down

notice;

(b) in the case of a live content service—issue a

service-cessation notice;

(c) in the case of a links service—issue a link-deletion

notice.

• Content (other than an eligible electronic publication) is

prohibited content if:

(a) the content has been classified RC or X 18+ by the

Classification Board; or

(b) the content has been classified R 18+ by the

Classification Board and access to the content is

not subject to a restricted access system; or

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 1

Broadcasting Services Act 1992 133

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) the content has been classified MA 15+ by the

Classification Board, access to the content is not

subject to a restricted access system, the content

does not consist of text and/or one or more still

visual images, and the content is provided by a

commercial service (other than a news service or a

current affairs service); or

(d) the content has been classified MA 15+ by the

Classification Board, access to the content is not

subject to a restricted access system, and the

content is provided by a mobile premium service.

• Content that consists of an eligible electronic publication is

prohibited content if the content has been classified RC,

category 2 restricted or category 1 restricted by the

Classification Board.

• Generally, content is potential prohibited content if the

content has not been classified by the Classification Board,

but if it were to be classified, there is a substantial likelihood

that the content would be prohibited content.

• Bodies and associations that represent sections of the content

industry may develop industry codes.

• The Commissioner has a reserve power to make an industry

standard if there are no industry codes or if an industry code is

deficient.

• The Commissioner may make determinations regulating

certain content service providers and hosting service

providers.

Note: The classification of an eligible electronic publication is the same as

the classification of the corresponding print publication—see

clause 24.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

134 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

access-control system, in relation to content, means a system under

which:

(a) persons seeking access to the content have been issued with a

Personal Identification Number that provides a means of

limiting access by other persons to the content; or

(b) persons seeking access to the content have been provided

with some other means of limiting access by other persons to

the content.

adult means an individual who is 18 or older.

adult chat service means a chat service where, having regard to

any or all of the following:

(a) the name of the chat service;

(b) the way in which the chat service is advertised or promoted;

(c) the reputation of the chat service;

it would be concluded that the majority of the content accessed by

end-users of the chat service is reasonably likely to be prohibited

content or potential prohibited content.

ancillary subscription television content service has the meaning

given by clause 9A.

Australia, when used in a geographical sense, includes all the

external Territories.

Australian connection has the meaning given by clause 3.

Australian police force means:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 135

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) the Australian Federal Police; or

(b) the police force of a State or Territory.

carriage service has the same meaning as in the

Telecommunications Act 1997.

carriage service intermediary has the same meaning as in the

Telecommunications Act 1997.

carriage service provider has the same meaning as in the

Telecommunications Act 1997.

child means an individual who has not reached 18 years.

civil proceeding includes a civil action.

classification application means an application under clause 22.

Classification Board means the Classification Board established

by the Classification (Publications, Films and Computer Games)

Act 1995.

Classification Review Board means the Classification Review

Board established by the Classification (Publications, Films and

Computer Games) Act 1995.

classified means classified under this Schedule.

commercial content service means a content service that:

(a) is operated for profit or as part of a profit-making enterprise;

and

(b) is provided to the public but only on payment of a fee

(whether periodical or otherwise).

commercial content service provider means a person who provides

a commercial content service.

Note: See clause 5.

computer game has the same meaning as in the Classification

(Publications, Films and Computer Games) Act 1995.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

136 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

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 a carriage service; or

(b) a service that allows end-users to access content using a

carriage service;

but does not include:

(c) a licensed broadcasting service; or

(d) a national broadcasting service; or

(e) a re-transmitted broadcasting service; or

(f) a licensed datacasting service; or

(g) a re-transmitted datacasting service; or

(h) an exempt Parliamentary content service; or

(i) an exempt court/tribunal content service; or

(j) an exempt official-inquiry content service; or

(k) an exempt point-to-point content service; or

(l) an exempt internet directory service; or

(m) an exempt internet search engine service; or

(n) a service that enables end-users to communicate, by means of

voice calls, with other end-users; or

(o) a service that enables end-users to communicate, by means of

video calls, with other end-users; or

(p) a service that enables end-users to communicate, by means of

email, with other end-users; or

(q) an instant messaging service that:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 137

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(i) enables end-users to communicate with other end-users;

and

(ii) is not an adult chat service; or

(r) an SMS service that:

(i) enables end-users to communicate with other end-users;

and

(ii) is not an adult chat service; or

(s) an MMS service that:

(i) enables end-users to communicate with other end-users;

and

(ii) is not an adult chat service; or

(t) a service that delivers content by fax; or

(u) an exempt data storage service; or

(v) an exempt back-up service; or

(x) a service 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.

content service provider means a person who provides a content

service.

Note: See clause 5.

corresponding print publication, in relation to an eligible

electronic publication, has the meaning given by clause 11.

court/tribunal 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 court or a tribunal, and includes:

(a) evidence given before the court or tribunal; and

(b) a document presented or submitted to the court or tribunal;

and

(c) a document issued or published by, or with the authority of,

the court or tribunal.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

138 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

data storage device means any article or material (for example, a

disk) from which information is capable of being reproduced, with

or without the aid of any other article or device.

designated content/hosting service means:

(a) a hosting service; or

(b) a live content service; or

(c) a links service; or

(d) a commercial content service.

designated content/hosting service provider means a person who

provides a designated content/hosting service.

designated content/hosting service provider rule means:

(a) a provision declared by this Schedule to be a designated

content/hosting service provider rule; or

(b) each of the rules (if any) set out in a designated

content/hosting service provider determination in force under

clause 104.

eligible electronic publication has the meaning given by clause 11.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

evidential burden, in relation to a matter, means the burden of

adducing or pointing to evidence that suggests a reasonable

possibility that the matter exists or does not exist.

exempt back-up service means a back-up service, where each

end-user’s access is restricted to the end-user’s backed-up content.

exempt court/tribunal content service means a service to the

extent to which it delivers, or provides access to, content that

consists of court/tribunal proceedings.

exempt data storage service means a data storage service, where

each end-user’s access is restricted to the end-user’s stored content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 139

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

exempt internet directory service means an internet directory

service that:

(a) does not specialise in providing links to, or information

about, websites that specialise in prohibited content or

potential prohibited content; and

(b) is not a service specified in the regulations; and

(c) complies with such other requirements (if any) as are

specified in the regulations.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

exempt internet search engine service means an internet search

engine service that:

(a) does not specialise in providing links to, or information

about, websites that specialise in prohibited content or

potential prohibited content; and

(b) is not a service specified in the regulations; and

(c) complies with such other requirements (if any) as are

specified in the regulations.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

exempt official-inquiry content service means a service to the

extent to which it delivers, or provides access to, content that

consists of official-inquiry proceedings.

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;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

140 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

where the content is produced or packaged by the provider of

the service; and

(b) does not specialise in content that is prohibited content or

potential prohibited content; 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.

film has the same meaning as in the Classification (Publications,

Films and Computer Games) Act 1995, but does not include a form

of recording from which an eligible electronic publication can be

produced.

Note: Film is defined broadly in that Act, and includes any form of

recording from which a visual image can be produced.

final link-deletion notice means a notice under paragraph 62(1)(d),

(e) or (f) or (4)(b), (c) or (d) of this Schedule.

final service-cessation notice means a notice under

paragraph 56(1)(c) or (d) or (4)(b) or (c) of this Schedule.

final take-down notice means a notice under paragraph 47(1)(c),

(d) or (e) or (4)(b), (c) or (d) of this Schedule.

hosting service has the meaning given by clause 4.

hosting service provider means a person who provides a hosting

service.

immediate circle has the same meaning as in the

Telecommunications Act 1997.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 141

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

interim link-deletion notice means a notice under

paragraph 62(2)(c) or (3)(d) of this Schedule.

interim service-cessation notice means a notice under

paragraph 56(2)(d) or (3)(d) of this Schedule.

interim take-down notice means a notice under paragraph 47(2)(c)

or (3)(d) of this Schedule.

internet carriage service has the same meaning as in Schedule 5.

internet content has the same meaning as in Schedule 5.

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.

links service means a content service that:

(a) provides one or more links to content; and

(b) is provided to the public (whether on payment of a fee or

otherwise)

links service provider means a person who provides a links

service.

Note: See clause 5.

live content does not include stored content.

live content service means a content service that:

(a) provides live content; and

(b) is provided to the public (whether on payment of a fee or

otherwise)

live content service provider means a person who provides a live

content service.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

142 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: See clause 5.

MA 15+ content has the meaning given by clause 15.

mobile carriage service provider means:

(a) a carriage service provider who supplies a public mobile

telecommunications service; or

(b) a carriage service intermediary who arranges for the supply

by a carriage service provider of a public mobile

telecommunications service.

mobile premium service means a commercial content service

where:

(a) a charge for the supply of the commercial content service is

expected to be included in a bill sent by or on behalf of a

mobile carriage service provider to the relevant customer; or

(b) a charge for the supply of the commercial content service is

payable:

(i) in advance; or

(ii) in any other manner;

by the relevant customer to a mobile carriage service

provider or a person acting on behalf of a mobile carriage

service provider.

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.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 143

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

potential prohibited content has the meaning given by clause 21.

prohibited content has the meaning given by clause 20.

provided by a content service has the meaning given by clause 6.

provided to the public, in relation to a content service, has the

meaning given by clause 7.

public mobile telecommunications service has the same meaning

as in the Telecommunications Act 1997.

R 18+ content has the meaning given by clause 15.

restricted access system has the meaning given by clause 14.

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.

special link-deletion notice means a notice under clause 67.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 3

144 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

special service-cessation notice means a notice under clause 59A.

special take-down notice means a notice under clause 52.

stored content means content kept on a data storage device. For

this purpose, disregard any storage of content on a highly transitory

basis as an integral function of the technology used in its

transmission.

Note: Momentary buffering (including momentary storage in a router in

order to resolve a path for further transmission) is an example of

storage on a highly transitory basis.

trained content assessor has the meaning given by clause 18.

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 Australian connection

Content service

(1) For the purposes of this Schedule, a content service has an

Australian connection if, and only if:

(a) any of the content provided by the content service is hosted

in Australia; or

(b) in the case of a live content service—the live content service

is provided from Australia.

Note: A link is an example of content. If a link provided by a content service

is hosted in Australia, the content service will have an Australian

connection (see paragraph (a)).

Hosting service

(2) For the purposes of this Schedule, a hosting service has an

Australian connection if, and only if, any of the content hosted by

the hosting service is hosted in Australia.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 4

Broadcasting Services Act 1992 145

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

4 Hosting service

For the purposes of this Schedule, if:

(a) a person (the first person) hosts stored content; and

(b) the hosted content does not consist of:

(i) voicemail messages; or

(ii) video mail messages; or

(iii) email messages; or

(iv) SMS messages; or

(v) MMS messages; or

(vi) messages specified in the regulations; and

(c) the first person or another person provides a content service

that:

(i) provides the hosted content; and

(ii) is provided to the public (whether on payment of a fee

or otherwise);

the hosting of the stored content by the first person is taken to be

the provision by the first person of a hosting service to the public.

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.

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 6

146 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

6 When content is provided by a content service

For the purposes of this Schedule, content is provided by a content

service if the content is delivered by, or accessible to end-users

using, the 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.

8 Links to content

For the purposes of this Schedule, if:

(a) a content service (the first content service) provides a link to

another content service; and

(b) the other content service specialises in prohibited content or

potential prohibited content; and

(c) the other content service provides particular content;

then:

(d) end-users of the first content service are taken to be able to

access the content mentioned in paragraph (c) using that link;

and

(e) that link is taken to be a link to the content mentioned in

paragraph (c).

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;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 9A

Broadcasting Services Act 1992 147

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

9A Ancillary subscription television content service

(1) For the purposes of this Schedule, an ancillary subscription

television content service is a service that:

(a) delivers content by way of television programs to persons

having equipment appropriate for receiving that content,

where:

(i) those television programs are stored on the equipment

(whether temporarily or otherwise); and

(ii) the equipment is also capable of receiving one or more

subscription television broadcasting services provided

in accordance with a licence allocated by the ACMA

under this Act; and

(iii) those television programs are delivered to a subscriber

to such a subscription television broadcasting service

under a contract with the relevant subscription

television broadcasting licensee; and

(b) complies with such other requirements (if any) as are

specified in the regulations.

(2) For the purposes of subclause (1), it is immaterial whether the

equipment is capable of receiving:

(a) content by way of television programs; or

(b) subscription television broadcasting services;

when used:

(c) in isolation; or

(d) in conjunction with any other equipment.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 10

148 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

10 Classification of live content etc.

Recordings of live content

(1) If there is a recording of live content, the recording is taken, for the

purposes of classifying the live content under this Schedule, to be

the content.

Short duration segments

(2) If, on a particular day, live content has a duration of more than:

(a) 60 minutes; or

(b) if another number of minutes is specified in the regulations—

that other number of minutes;

each short duration segment of the content provided on that day is

taken, for the purposes of:

(c) classifying the content under this Schedule; and

(d) Part 3 of this Schedule; and

(e) paragraph 81(1)(e) of this Schedule;

to be different live content from each other short duration segment

provided on that day.

(3) For the purposes of this clause, a short duration segment of live

content is a segment that has a duration of:

(a) 60 minutes; or

(b) if another number of minutes is specified in the regulations—

that other number of minutes.

(4) For the purposes of this clause, it is immaterial when a short

duration segment begins.

(5) For the purposes of this clause, it is immaterial whether short

duration segments overlap.

(6) Regulations made for the purposes of paragraph (2)(b) or (3)(b)

may make different provision with respect to different kinds of live

content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 11

Broadcasting Services Act 1992 149

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(7) Subclause (6) does not limit subsection 33(3A) of the Acts

Interpretation Act 1901.

11 Eligible electronic publication

For the purposes of this Schedule, if:

(a) content consists of:

(i) an electronic edition of a book, magazine or newspaper;

or

(ii) an audio recording of the text, or abridged text, of a

book, magazine or newspaper; and

(b) a print edition of the book, magazine or newspaper is or was

available to the public (whether by way of purchase or

otherwise) in Australia;

then:

(c) the content is an eligible electronic publication; and

(d) the print edition of the book, magazine or newspaper is the

corresponding print publication in relation to the eligible

electronic publication.

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 13

150 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

14 Restricted access system

(1) The Commissioner may, by legislative instrument, declare that a

specified access-control system is a restricted access system in

relation to content for the purposes of this Schedule. A declaration

under this subclause has effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) An instrument under subclause (1) may make different provision

with respect to:

(a) R 18+ content; and

(b) MA 15+ content.

(3) Subclause (2) does not limit subsection 33(3A) of the Acts

Interpretation Act 1901.

(4) In making an instrument under subclause (1), the Commissioner

must have regard to:

(a) the objective of protecting children from exposure to content

that is unsuitable for children; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 15

Broadcasting Services Act 1992 151

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the objective of protecting children who have not reached 15

years from exposure to content that is unsuitable for children

who have not reached 15 years; and

(c) such other matters (if any) as the Commissioner considers

relevant.

(5) The Commissioner must ensure that an instrument under

subclause (1) is in force at all times after the commencement of

this Schedule.

15 R 18+ content and MA 15+ content

R 18+ content

(1) For the purposes of this Schedule, R 18+ content is:

(a) content (other than content that consists of an eligible

electronic publication) that has been classified R 18+ by the

Classification Board; or

(b) content (other than content that consists of an eligible

electronic publication) where the following conditions are

satisfied:

(i) the content has not been classified R 18+ by the

Classification Board;

(ii) if the content were to be classified by the Classification

Board, there is a substantial likelihood that the content

would be classified R 18+ by the Classification Board.

MA 15+ content

(2) For the purposes of this Schedule, MA 15+ content is:

(a) content (other than content that consists of an eligible

electronic publication) that has been classified MA 15+ by

the Classification Board; or

(b) content (other than content that consists of an eligible

electronic publication) where the following conditions are

satisfied:

(i) the content has not been classified MA 15+ by the

Classification Board;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 16

152 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) if the content were to be classified by the Classification

Board, there is a substantial likelihood that the content

would be classified MA 15+ by the Classification

Board.

Classification Board authorised to classify content

(3) For the purposes of this clause, it is to be assumed that this

Schedule authorised the Classification Board to classify the

content.

16 Content that consists of a film

For the purposes of this Schedule, in determining whether content

consists of the entire unmodified contents of a film, disregard any

differences between:

(a) the technique used to embody sounds and/or visual images in

the film; and

(b) the technique used to embody the sounds and/or visual

images in a form in which they can be delivered by means of,

or accessed using, the carriage service concerned.

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.

18 Trained content assessor

(1) For the purposes of this Schedule, an individual is a trained

content assessor if:

(a) the individual has, at any time during the preceding 12

months, completed training in:

(i) the making of assessments of the kinds referred to in

paragraphs 81(1)(d) and (f) of this Schedule; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 19

Broadcasting Services Act 1992 153

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) giving advice of the kind referred to in

subparagraph 81(1)(e)(ii) of this Schedule; and

(b) the training was approved by the Director of the

Classification Board under subclause (2) of this clause.

(2) For the purposes of paragraph (1)(b), the Director of the

Classification Board may, by writing, approve specified training.

(3) An approval under subclause (2) is not a legislative instrument.

19 Extra-territorial application

(1) Unless the contrary intention appears, this Schedule extends to

acts, omissions, matters and things outside Australia.

Note: Clause 3 is an example of a contrary intention.

(2) Section 14.1 of the Criminal Code does not apply to an offence

against this Schedule.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 1 Prohibited content and potential prohibited content

Clause 20

154 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 2—Classification of content

Division 1—Prohibited content and potential prohibited

content

20 Prohibited content

Content other than eligible electronic publications

(1) For the purposes of this Schedule, content (other than content that

consists of an eligible electronic publication) is prohibited content

if:

(a) the content has been classified RC or X 18+ by the

Classification Board; or

(b) both:

(i) the content has been classified R 18+ by the

Classification Board; and

(ii) access to the content is not subject to a restricted access

system; or

(c) all of the following conditions are satisfied:

(i) the content has been classified MA 15+ by the

Classification Board;

(ii) access to the content is not subject to a restricted access

system;

(iii) the content does not consist of text and/or one or more

still visual images;

(iv) access to the content is provided by means of a content

service (other than a news service or a current affairs

service) that is operated for profit or as part of a

profit-making enterprise;

(v) the content service is provided on payment of a fee

(whether periodical or otherwise);

(vi) the content service is not an ancillary subscription

television content service; or

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Prohibited content and potential prohibited content Division 1

Clause 21

Broadcasting Services Act 1992 155

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) all of the following conditions are satisfied:

(i) the content has been classified MA 15+ by the

Classification Board;

(ii) access to the content is not subject to a restricted access

system;

(iii) access to the content is provided by means of a mobile

premium service.

Eligible electronic publications

(2) For the purposes of this Schedule, content that consists of an

eligible electronic publication is prohibited content if the content

has been classified RC, category 2 restricted or category 1

restricted by the Classification Board.

Note: The classification of an eligible electronic publication is the same as

the classification of the corresponding print publication—see

clause 24.

21 Potential prohibited content

(1) For the purposes of this Schedule, content is potential prohibited

content if:

(a) the content has not been classified by the Classification

Board; and

(b) if the content were to be classified by the Classification

Board, there is a substantial likelihood that the content would

be prohibited content.

(2) However, content is not potential prohibited content if:

(a) the content consists of an eligible electronic publication; and

(b) the content has not been classified by the Classification

Board; and

(c) if the content were to be classified by the Classification

Board, there is no substantial likelihood that the content

would be classified RC or category 2 restricted.

Note: The classification of an eligible electronic publication is the same as

the classification of the corresponding print publication—see

clause 24.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 1 Prohibited content and potential prohibited content

Clause 21

156 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) In determining whether particular content is potential prohibited

content, it is to be assumed that this Schedule authorised the

Classification Board to classify the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Classification of content Division 2

Clause 22

Broadcasting Services Act 1992 157

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Classification of content

22 Applications for classification of content

(1) Any of the following persons may apply to the Classification

Board for classification of content under this Schedule:

(a) in the case of content that has been, or is being, hosted by a

hosting service—the hosting service provider concerned; or

(b) in the case of content that a hosting service provider is

considering whether to host—the hosting service provider; or

(c) in the case of content that has been, or is being, delivered to,

or accessed by, an end-user of a content service—the content

service provider concerned; or

(d) in the case of content that a content service provider is

considering whether to deliver to, or make available for

access by, an end-user of the content service concerned—the

content service provider; or

(e) in the case of content that has been, or can be, accessed using

a link provided by a links service—the links service provider

concerned; or

(f) in the case of content where a links service provider is

considering delivering, or making available for access, a link

that will enable end-users to access the content—the links

service provider; or

(g) in any case—the Commissioner.

(2) An application must be:

(a) in writing; and

(b) made in a form approved in writing by the Director of the

Classification Board; and

(c) signed by or on behalf of the applicant; and

(d) accompanied by:

(i) the fee ascertained under clause 27; and

(ii) a copy of the content.

Note: For special rules about classification of live content, see clause 10.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 2 Classification of content

Clause 23

158 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

23 Classification of content

If an application for classification of content is made under

clause 22, the Classification Board must:

(a) classify the content in accordance with whichever of

clauses 24 and 25 is applicable; and

(b) notify the applicant in writing of the classification of the

content.

24 Classification of content that consists of a film, a computer game

or an eligible electronic publication

Deemed classification

(1) If:

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the film or computer game has been classified under the

Classification (Publications, Films and Computer Games)

Act 1995;

the content is taken to have been classified by the Classification

Board under this Schedule in the same way as the film or the

computer game, as the case may be, was classified under that Act.

(2) If:

(a) content consists of an eligible electronic publication; and

(b) the corresponding print publication has been classified under

the Classification (Publications, Films and Computer

Games) Act 1995;

the content is taken to have been classified by the Classification

Board under this Schedule in the same way as the corresponding

print publication was classified under that Act.

Actual classification

(3) If:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Classification of content Division 2

Clause 25

Broadcasting Services Act 1992 159

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the film or computer game has not been classified under the

Classification (Publications, Films and Computer Games)

Act 1995;

the Classification Board is to classify the content under this

Schedule in a corresponding way to the way in which the film or

computer game, as the case may be, would be classified under the

Classification (Publications, Films and Computer Games) Act

1995.

(4) If:

(a) content consists of an eligible electronic publication; and

(b) the corresponding print publication has not been classified

under the Classification (Publications, Films and Computer

Games) Act 1995;

the Classification Board is to classify the content under this

Schedule in a corresponding way to the way in which the

corresponding print publication would be classified under the

Classification (Publications, Films and Computer Games) Act

1995.

25 Classification of content that does not consist of a film, a

computer game or an eligible electronic publication

If content does not consist of:

(a) the entire unmodified contents of a film; or

(b) a computer game; or

(c) an eligible electronic publication;

the Classification Board is to classify the content under this

Schedule in a corresponding way to the way in which a film would

be classified under the Classification (Publications, Films and

Computer Games) Act 1995.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 2 Classification of content

Clause 26

160 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

26 Deemed classification of content classified under Schedule 5

If content has been classified by the Classification Board under

Schedule 5 (otherwise than because of repealed subclause 12(1) of

that Schedule), the content is taken, for the purposes of this

Schedule, to have been classified by the Classification Board under

this Schedule in the same way as the content was classified under

Schedule 5.

27 Fees

(1) A person who makes an application under clause 22 is liable to pay

a fee.

(2) The amount of a fee payable under subclause (1) is ascertained

under whichever of subclauses (3), (4), (5) and (6) is applicable.

Films

(3) If content consists of the entire unmodified contents of a film,

regulations prescribing fees for the purposes of paragraph 14(1)(d)

of the Classification (Publications, Films and Computer Games)

Act 1995 apply, subject to such modifications (if any) as are

specified in regulations made for the purposes of this subclause, in

relation to the classification under this Schedule of the content in a

corresponding way to the way in which they apply to the

classification under that Act of the film.

Computer games

(4) If content consists of a computer game, regulations prescribing fees

for the purposes of paragraph 17(1)(d) of the Classification

(Publications, Films and Computer Games) Act 1995 apply,

subject to such modifications (if any) as are specified in regulations

made for the purposes of this subclause, in relation to the

classification under this Schedule of the content in a corresponding

way to the way in which they apply to the classification under that

Act of the computer game.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Classification of content Division 2

Clause 27

Broadcasting Services Act 1992 161

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Eligible electronic publications

(5) If content consists of an eligible electronic publication, regulations

prescribing fees for the purposes of paragraph 13(1)(d) of the

Classification (Publications, Films and Computer Games) Act

1995 apply, subject to such modifications (if any) as are specified

in regulations made for the purposes of this subclause, in relation

to the classification under this Schedule of the content in a

corresponding way to the way in which they apply to the

classification under that Act of the corresponding print publication.

Content other than films, computer games or eligible electronic

publications

(6) If content does not consist of:

(a) the entire unmodified contents of a film; or

(b) a computer game; or

(c) an eligible electronic publication;

regulations prescribing fees for the purposes of paragraph 14(1)(d)

of the Classification (Publications, Films and Computer Games)

Act 1995 apply, subject to such modifications (if any) as are

specified in regulations made for the purposes of this subclause, in

relation to the classification under this Schedule of the content in a

corresponding way to the way in which they apply to the

classification under that Act of a film.

Fees must not be such as to amount to taxation

(7) A fee under subclause (1) must not be such as to amount to

taxation.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 3 Reclassification

Clause 28

162 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 3—Reclassification

28 Reclassification of content

(1) If content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)), the

Classification Board must not reclassify the content within the

2-year period beginning on the day the decision to classify took

effect.

(2) After that 2-year period, any of the following may request that the

Classification Board reclassify the content:

(a) the Minister;

(b) the Commissioner;

(c) if another person applied, under clause 22, for classification

of the content—the other person.

(3) If the Classification Board is requested to act under subclause (2),

the Classification Board must do so.

(4) If content is reclassified by the Classification Board, the

Classification Board must give written notification to the following

persons accordingly:

(a) the Minister;

(b) the Commissioner;

(c) if another person applied, under clause 22, for classification

of the content—the other person.

29 Notice of intention to reclassify content

(1) If:

(a) content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)); and

(b) the Classification Board intends to reclassify the content;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Reclassification Division 3

Clause 29

Broadcasting Services Act 1992 163

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

then:

(c) the Director of the Classification Board must give notice of

that intention, inviting submissions about the matter; and

(d) the Director of the Classification Board must cause the

contents of the notice to be published, in such manner as the

Director decides, at least 30 days before the Classification

Board proposes to consider the matter; and

(e) the Director of the Classification Board must give a copy of

the notice to:

(i) the Minister; and

(ii) the Commissioner; and

(iii) if another person applied, under clause 22, for

classification of the content—the other person;

at least 30 days before the Classification Board proposes to

consider the matter.

(2) A notice under paragraph (1)(c) must specify the day on which the

Board proposes to consider the matter.

(3) The matters that the Classification Board is to take into account in

reclassifying the content include issues raised in submissions made

to the Classification Board about the matter.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 4 Review of classification decisions

Clause 30

164 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Review of classification decisions

Subdivision A—Review of classification of content

30 Persons who may apply for review

(1) If content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)), any of the

following persons may apply to the Classification Review Board

for a review of the classification:

(a) the Minister;

(b) the Commissioner;

(c) if a person other than the Commissioner applied, under

clause 22, for classification of the content—the other person;

(d) a person aggrieved by the classification.

(2) Without limiting paragraph (1)(d), if the classification referred to

in that paragraph is a restricted classification, the following persons

or bodies are taken to be persons aggrieved by the classification:

(a) a person who has engaged in a series of activities relating to,

or research into, the contentious aspects of the theme or

subject matter of the content concerned;

(b) an organisation or association, whether incorporated or not,

whose objects or purposes include, and whose activities

relate to, the contentious aspects of that theme or subject

matter.

(3) However, a person or body is not aggrieved by a restricted

classification because of subclause (2) if the classification was

made before:

(a) the person engaged in a series of activities relating to, or

research into, the contentious aspects of the theme or subject

matter of the content concerned; or

(b) the organisation or association was formed, or its objects or

purposes included and its activities related to, the contentious

aspects of that theme or subject matter.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Review of classification decisions Division 4

Clause 31

Broadcasting Services Act 1992 165

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) In this clause:

restricted classification means:

(a) for content that does not consist of a computer game or an

eligible electronic publication—the classification MA 15+, R

18+, X 18+ or RC; or

(b) for content that consists of a computer game—the

classification MA 15+, R 18+ or RC; or

(c) for content that consists of an eligible electronic

publication—the classification category 1 restricted, category

2 restricted or RC.

31 Applications for review

(1) An application for review of a classification must be:

(a) in writing; and

(b) made in a form approved in writing by the Convenor of the

Classification Review Board; and

(c) signed by or on behalf of the applicant; and

(d) except for an application made by the Minister—

accompanied by the fee ascertained under subclause (4).

(2) An application by the Minister or the Commissioner for review of

a classification may be made at any time.

(3) Any other application for review of a classification must be made:

(a) within 30 days after the applicant is notified of the

classification; or

(b) within such longer period as the Classification Review Board

allows.

(4) If:

(a) the applicant for a review of the classification of content is

not covered by paragraph 30(1)(c); and

(b) a person other than the Commissioner applied, under

clause 22, for classification of the content;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 4 Review of classification decisions

Clause 32

166 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

the Convenor of the Classification Review Board must notify the

person mentioned in paragraph (b), in writing, of:

(c) the application for review; and

(d) the day on which it will be considered.

(5) Regulations prescribing fees for the purposes of paragraph 43(1)(d)

of the Classification (Publications, Films and Computer Games)

Act 1995 apply, subject to such modifications (if any) as are

specified in regulations made for the purposes of this subclause, to

a review of a classification under this Schedule in a corresponding

way to the way in which they apply to a review of a classification

under that Act.

(6) A fee under subclause (1) must not be such as to amount to

taxation.

32 Classification Review Board may refuse to deal with review

applications that are frivolous etc.

If the applicant for a review of the classification of content is

covered by paragraph 30(1)(d), the Classification Review Board

may refuse to deal with the application, or to deal further with the

application, if the Classification Review Board is satisfied that the

application is:

(a) frivolous; or

(b) vexatious; or

(c) not made in good faith.

33 Review

(1) For the purposes of reviewing a classification of content, the

Classification Review Board:

(a) may exercise all the powers and discretions that are conferred

on the Classification Board by this Schedule; and

(b) must make a decision in writing classifying the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Review of classification decisions Division 4

Clause 34

Broadcasting Services Act 1992 167

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) If the Classification Review Board classifies the content, this

Schedule (other than this Subdivision) and Schedule 5 have effect

as if the content had been reclassified by the Classification Board.

Subdivision B—Review of content that consists of a film or a

computer game

34 Review of classification of content that consists of a film or a

computer game

If:

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the film or computer game has been classified under the

Classification (Publications, Films and Computer Games)

Act 1995; and

(c) the decision to classify the film or computer game is

reviewed by the Classification Review Board under that Act;

and

(d) as a result of the review, the Classification Review Board

classifies the film or computer game under that Act;

this Schedule and Schedule 5 have effect as if the film or computer

game had been reclassified by the Classification Board under this

Schedule in the same way as the film or computer game was

classified under that Act by the Classification Review Board.

Subdivision C—Review of content that consists of an eligible

electronic publication

35 Review of classification of content that consists of an eligible

electronic publication

If:

(a) content consists of an eligible electronic publication; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 4 Review of classification decisions

Clause 35

168 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the corresponding print publication has been classified under

the Classification (Publications, Films and Computer

Games) Act 1995; and

(c) the decision to classify the corresponding print publication is

reviewed by the Classification Review Board under that Act;

and

(d) as a result of the review, the Classification Review Board

classifies the corresponding print publication under that Act;

this Schedule and Schedule 5 have effect as if the corresponding

print publication had been reclassified by the Classification Board

under this Schedule in the same way as the corresponding print

publication was classified under that Act by the Classification

Review Board.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Miscellaneous Division 5

Clause 36

Broadcasting Services Act 1992 169

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 5—Miscellaneous

36 Decisions of the Classification Board etc.

(1) Section 57 of the Classification (Publications, Films and Computer

Games) Act 1995 applies to the consideration by the Classification

Board of a matter arising under this Schedule in a corresponding

way to the way in which it applies to the consideration of an

application under that Act.

(2) To avoid doubt, sections 10, 19, 20, 22, 23A, 24, 25, 26, 27, 28 and

44A, and Division 6 of Part 2, of the Classification (Publications,

Films and Computer Games) Act 1995 do not apply to a

classification under this Schedule.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 1 Making of complaints to the Commissioner

Clause 37

170 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 3—Complaints to, and investigations by, the

Commissioner

Division 1—Making of complaints to the Commissioner

37 Complaints about prohibited content or potential prohibited

content

Complaints about access to prohibited content or potential

prohibited content

(1) If a person has reason to believe that end-users in Australia can

access prohibited content or potential prohibited content provided

by a content service, the person may make a complaint to the

Commissioner about the matter.

Complaints about hosting services

(2) If a person has reason to believe that a hosting service is:

(a) hosting prohibited content; or

(b) hosting potential prohibited content;

the person may make a complaint to the Commissioner about the

matter.

Complaints about links services

(3) If a person has reason to believe that end-users in Australia can

access prohibited content or potential prohibited content using a

link provided by a links service, the person may make a complaint

to the Commissioner about the matter.

Content of complaint

(4) A complaint under subclause (1), (2) or (3) about particular content

must:

(a) identify the content; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Making of complaints to the Commissioner Division 1

Clause 37

Broadcasting Services Act 1992 171

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) if the content is stored content—set out how to access the

content (for example: set out a URL, a password, or the name

of a newsgroup); and

(c) if:

(i) the content is stored content; and

(ii) the complainant knows the country or countries in

which the content is hosted;

set out the name of that country or those countries; and

(d) if the content is live content—set out details of how the

content was accessed (for example: set out a URL or a

password); and

(e) if:

(i) the content is live content; and

(ii) the complainant believes that a particular incident

depicted by the live content is sufficient to characterise

the content as prohibited content or potential prohibited

content;

set out the date and approximate time when that incident

occurred; and

(f) set out the complainant’s reasons for believing that the

content is prohibited content or potential prohibited content;

and

(g) set out such other information (if any) as the Commissioner

requires.

(5) The rule in paragraph (4)(b) does not apply to a complaint to the

extent (if any) to which finding out how to access the content

would cause the complainant to contravene a law of the

Commonwealth, a State or a Territory.

(6) The rule in paragraph (4)(d) does not apply to a complaint to the

extent (if any) to which finding out how the content was accessed

would cause the complainant to contravene a law of the

Commonwealth, a State or a Territory.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 1 Making of complaints to the Commissioner

Clause 38

172 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Timing of complaint about live content

(7) If:

(a) a person makes a complaint under subclause (1) about live

content; and

(b) the person believes that a particular incident depicted in the

live content is sufficient to characterise the content as

prohibited content or potential prohibited content;

the complaint must be made within 60 days after the occurrence of

the incident.

Transitional

(8) A person is not entitled to make a complaint under subclause (1),

(2) or (3) about something that occurred before the commencement

of this clause.

38 Complaints relating to breach of a designated content/hosting

service provider rule etc.

(1) If a person (the first person) has reason to believe that another

person has:

(a) breached a designated content/hosting service provider rule

that applies to the other person; or

(b) committed an offence against this Schedule; or

(c) breached a civil penalty provision of this Schedule;

the first person may make a complaint to the Commissioner about

the matter.

(2) If a person has reason to believe that a participant in the content

industry (within the meaning of Part 4 of this Schedule) has

breached a code registered under that Part that is applicable to the

participant, the person may make a complaint to the Commissioner

about the matter.

39 Form of complaint

(1) A complaint under this Division is to be in writing.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Making of complaints to the Commissioner Division 1

Clause 40

Broadcasting Services Act 1992 173

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) However, the Commissioner may permit complaints to be given, in

accordance with specified software requirements, by way of a

specified kind of electronic transmission.

40 Recordings of live content

(1) If:

(a) a complaint under subclause 37(1) about live content is

accompanied by a recording of:

(i) the live content; or

(ii) a segment of the live content; and

(b) the complainant made the recording;

neither making the recording, nor giving the recording to the

Commissioner, is taken to have infringed copyright.

(2) Subclause (1) does not apply if:

(a) the Commissioner is satisfied that the complaint is:

(i) frivolous; or

(ii) vexatious; or

(iii) not made in good faith; or

(b) the Commissioner has reason to believe that the complaint

was made for the purpose, or for purposes that include the

purpose, of frustrating or undermining the effective

administration of this Schedule; or

(c) the making of the recording would cause the complainant to

contravene:

(i) a law of the Commonwealth (other than the Copyright

Act 1968); or

(ii) a law of a State; or

(iii) a law of a Territory.

41 Residency etc. of complainant

A person is not entitled to make a complaint under this Division

unless the person is:

(a) an individual who resides in Australia; or

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 1 Making of complaints to the Commissioner

Clause 42

174 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) a body corporate that carries on activities in Australia; or

(c) the Commonwealth, a State or a Territory.

42 Escalation of complaints made under industry codes etc.

(1) This clause applies if:

(a) a person has made a complaint under:

(i) an industry code registered under Part 4; or

(ii) an industry standard determined under Part 4; or

(iii) a designated content/hosting service provider

determination; and

(b) the complaint is about a particular matter; and

(c) the person could have made a complaint about the matter

under subclause 37(1), (2) or (3) or 38(1) or (2); and

(d) the complaint is referred to the Commissioner under the

code, standard or determination.

(2) This Part has effect as if the complaint mentioned in

paragraph (1)(a) had been made under subclause 37(1), (2) or (3)

or 38(1) or (2), as the case requires.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Investigations by the Commissioner Division 2

Clause 44

Broadcasting Services Act 1992 175

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Investigations by the Commissioner

44 Commissioner may investigate matters

The Commissioner may, on his or her own initiative or in response

to a complaint made under Division 1, investigate any of the

following matters if the Commissioner thinks that it is desirable to

do so:

(a) whether end-users in Australia can access prohibited content

or potential prohibited content provided by a content service;

(b) whether a hosting service is hosting prohibited content or

potential prohibited content;

(c) whether end-users in Australia can access prohibited content

or potential prohibited content using a link provided by a

links service;

(d) whether a person has breached a designated content/hosting

service provider rule that applies to the person;

(e) whether a person has committed an offence against this

Schedule;

(f) whether a person has breached a civil penalty provision of

this Schedule;

(g) whether a participant in the content industry (within the

meaning of Part 4 of this Schedule) has breached a code

registered under that Part that is applicable to the participant.

45 Conduct of investigations

(1) An investigation under this Division is to be conducted as the

Commissioner thinks fit.

(2) The Commissioner may, for the purposes of an investigation,

obtain information from such persons, and make such inquiries, as

he or she thinks fit.

(3) This clause has effect subject to Part 13 of this Act (which confers

certain investigative powers on the Commissioner).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 2 Investigations by the Commissioner

Clause 46

176 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

46 Protection from civil proceedings

Civil proceedings do not lie against a person in respect of loss,

damage or injury of any kind suffered by another person because

of any of the following acts done in good faith:

(a) the making of a complaint under Division 1;

(b) the making of a statement to, or the giving of a document or

information to, the Commissioner in connection with an

investigation under this Division.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 47

Broadcasting Services Act 1992 177

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 3—Action to be taken in relation to hosting

services

47 Action to be taken in relation to hosting services

Prohibited content

(1) If, in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(a) content hosted by a hosting service provider is prohibited

content; and

(b) the relevant hosting service has an Australian connection;

the Commissioner must:

(c) if:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the content has been classified RC or X 18+ by the

Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the hosting service provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the content; or

(d) if:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the content has been classified R 18+ or MA 15+ by the

Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the hosting service provider to

take such steps as are necessary to ensure that a type B

remedial situation exists in relation to the content; or

(e) if:

(i) the content consists of an eligible electronic publication;

and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 47

178 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) the content has been classified RC, category 2 restricted

or category 1 restricted by the Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the hosting service provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

Potential prohibited content

(2) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) content hosted by a hosting service provider is potential

prohibited content; and

(ii) the relevant hosting service has an Australian

connection; and

(b) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that:

(i) if the content does not consist of an eligible electronic

publication—the content would be classified RC or X

18+; or

(ii) if the content consists of an eligible electronic

publication—the content would be classified RC or

category 2 restricted;

the Commissioner must:

(c) give the hosting service provider a written notice (an interim

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type A remedial situation exists

in relation to the content until the Commissioner notifies the

hosting service provider under subclause (4) of the

Classification Board’s classification of the content; and

(d) apply to the Classification Board under clause 22 for

classification of the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 47

Broadcasting Services Act 1992 179

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For type A remedial situation, see subclause (6).

(3) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) content hosted by a hosting service provider is potential

prohibited content; and

(ii) the relevant hosting service has an Australian

connection; and

(b) the content does not consist of an eligible electronic

publication; and

(c) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that the content would be classified R 18+ or MA

15+;

the Commissioner must:

(d) give the hosting service provider a written notice (an interim

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type B remedial situation exists

in relation to the content until the Commissioner notifies the

hosting service provider under subclause (4) of the

Classification Board’s classification of the content; and

(e) apply to the Classification Board under clause 22 for

classification of the content.

Note: For type B remedial situation, see subclause (7).

(4) If, in response to an application made as required by subclause (2)

or (3), the Commissioner is informed under paragraph 23(b) of the

classification of particular content, the Commissioner must:

(a) give the relevant hosting service provider a written notice

setting out the classification; and

(b) in a case where:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified RC or

X 18+ by the Classification Board;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 47

180 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

give the hosting service provider a written notice (a final

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type A remedial situation exists

in relation to the content; and

(c) in a case where:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified R 18+

or MA 15+ by the Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type B remedial situation exists

in relation to the content; and

(d) in a case where:

(i) the content consists of an eligible electronic publication;

and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified RC,

category 2 restricted or category 1 restricted by the

Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type A remedial situation exists

in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

(5) If the Commissioner makes a decision under subclause (2) or (3) to

apply to the Classification Board for classification of content, the

Commissioner must give the relevant hosting service provider a

written notice setting out the decision.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 48

Broadcasting Services Act 1992 181

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Type A remedial situation

(6) For the purposes of the application of this clause to a hosting

service provider, a type A remedial situation exists in relation to

content at a particular time if:

(a) the provider does not host the content; or

(b) the content is not provided by a content service provided to

the public (whether on payment of a fee or otherwise).

Type B remedial situation

(7) For the purposes of the application of this clause to a hosting

service provider, a type B remedial situation exists in relation to

content at a particular time if:

(a) the provider does not host the content; or

(b) the content is not provided by a content service provided to

the public (whether on payment of a fee or otherwise); or

(c) access to the content is subject to a restricted access system.

48 Revocation of interim take-down notices—voluntary withdrawal

of content

(1) If:

(a) an interim take-down notice relating to particular content is

applicable to a particular hosting service provider; and

(b) before the Classification Board classifies the content, the

provider:

(i) ceases to host the content; and

(ii) gives the Commissioner a written undertaking not to

host the content;

the Commissioner may:

(c) accept the undertaking; and

(d) revoke the interim take-down notice; and

(e) by written notice given to the Classification Board, determine

that the Classification Board is not required to comply with

clause 23 in relation to the classification of the content.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 49

182 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) If an interim take-down notice is revoked under this clause, the

Commissioner must give the hosting service provider concerned a

written notice stating that the interim take-down notice has been

revoked.

49 Revocation of final take-down notices—reclassification of content

(1) If:

(a) content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)); and

(b) a final take-down notice relating to the content is applicable

to a particular hosting service provider; and

(c) the Classification Board reclassifies the content; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final take-down notice.

(2) If a final take-down notice is revoked under this clause, the

Commissioner must give the hosting service provider concerned a

written notice stating that the final take-down notice has been

revoked.

50 Revocation of final take-down notices—reclassification of content

that consists of a film or a computer game

(1) If:

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the Classification Board reclassifies the film or computer

game under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) a final take-down notice relating to the content is applicable

to a particular hosting service provider; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final take-down notice.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 51

Broadcasting Services Act 1992 183

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) If a final take-down notice is revoked under this clause, the

Commissioner must give the hosting service provider concerned a

written notice stating that the final take-down notice has been

revoked.

51 Revocation of final take-down notices—reclassification of a

corresponding print publication

(1) If:

(a) content consists of an eligible electronic publication; and

(b) the Classification Board reclassifies the corresponding print

publication under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) a final take-down notice relating to the content is applicable

to a particular hosting service provider; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final take-down notice.

(2) If a final take-down notice is revoked under this clause, the

Commissioner must give the hosting service provider concerned a

written notice stating that the final take-down notice has been

revoked.

52 Anti-avoidance—special take-down notices

(1) If:

(a) an interim take-down notice or a final take-down notice

relating to particular content is applicable to a particular

hosting service provider; and

(b) the Commissioner is satisfied that the hosting service

provider is hosting, or is proposing to host, content (the

similar content) that is the same as, or substantially similar

to, the content identified in the interim take-down notice or

the final take-down notice, as the case may be; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 52

184 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) the Commissioner is satisfied that the similar content is

prohibited content or potential prohibited content;

the Commissioner may:

(d) if the interim take-down notice or final take-down notice, as

the case may be, was given under paragraph 47(1)(c), (1)(e),

(2)(c), (4)(b) or (4)(d) of this Schedule—give the hosting

service provider a written notice (a special take-down notice)

directing the provider to take all reasonable steps to ensure

that a type A remedial situation exists in relation to the

similar content at any time when the interim take-down

notice or final take-down notice, as the case may be, is in

force; or

(e) in any other case—give the hosting service provider a written

notice (a special take-down notice) directing the provider to

take all reasonable steps to ensure that a type B remedial

situation exists in relation to the similar content at any time

when the interim take-down notice or final take-down notice,

as the case may be, is in force.

Note 1: For type A remedial situation, see subclause (2).

Note 2: For type B remedial situation, see subclause (3).

Type A remedial situation

(2) For the purposes of the application of this clause to a hosting

service provider, a type A remedial situation exists in relation to

the similar content at a particular time if:

(a) the provider does not host the similar content; or

(b) the similar content is not provided by a content service

provided to the public (whether on payment of a fee or

otherwise).

Type B remedial situation

(3) For the purposes of the application of this clause to a hosting

service provider, a type B remedial situation exists in relation to

content at a particular time if:

(a) the provider does not host the similar content; or

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 53

Broadcasting Services Act 1992 185

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the similar content is not provided by a content service

provided to the public (whether on payment of a fee or

otherwise); or

(c) access to the similar content is subject to a restricted access

system.

53 Compliance with rules relating to prohibited content etc.

Interim take-down notice

(1) A hosting service provider must comply with an interim take-down

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

Final take-down notice

(2) A hosting service provider must comply with a final take-down

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

Special take-down notice

(3) A hosting service provider must comply with a special take-down

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

(4) In proceedings relating to a contravention of subclause (3), it is a

defence if the hosting service provider proves:

(a) that the provider did not know; and

(b) that the provider could not, with reasonable diligence, have

ascertained;

that the relevant content was prohibited content or potential

prohibited content.

Note: In criminal proceedings, a defendant bears a legal burden in relation to

the matters in subclause (4)—see section 13.4 of the Criminal Code.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 54

186 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Undertaking

(5) A hosting service provider must comply with an undertaking given

by the provider and accepted under clause 48.

Designated content/hosting service provider rule

(6) Subclauses (1), (2), (3) and (5) are designated content/hosting

service provider rules.

54 Identification of content

Content may be identified in a notice under this Division:

(a) by setting out the content; or

(b) by describing the content; or

(c) in any other way.

55 Application of notices under this Division

If a notice under this Division relates to particular internet content,

the notice applies to the content only to the extent to which the

content is accessed, or available for access, from a website, or a

distinct part of a website, specified in the notice.

Note: For specification by class, see subsection 33(3AB) of the Acts

Interpretation Act 1901.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to live content services Division 4

Clause 56

Broadcasting Services Act 1992 187

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Action to be taken in relation to live content

services

56 Action to be taken in relation to live content services

Prohibited content

(1) If, in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(a) live content provided by a live content service is prohibited

content; and

(b) the live content service has an Australian connection;

the Commissioner must:

(c) if the content has been classified RC or X 18+ by the

Classification Board—give the live content service provider

a written notice (a final service-cessation notice) directing

the live content service provider to take such steps as are

necessary to ensure that a type A remedial situation exists in

relation to the live content service; or

(d) if the content has been classified R 18+ or MA 15+ by the

Classification Board—give the live content service provider

a written notice (a final service-cessation notice) directing

the live content service provider to take such steps as are

necessary to ensure that a type B remedial situation exists in

relation to the live content service.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

Potential prohibited content

(2) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) live content provided by a live content service is

potential prohibited content; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to live content services

Clause 56

188 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) the live content service has an Australian connection;

and

(b) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that the content would be classified RC or X 18+;

and

(c) the Commissioner has:

(i) a recording of the content; or

(ii) a copy of such a recording;

the Commissioner must:

(d) give the live content service provider a written notice (an

interim service-cessation notice) directing the provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the live content service

until the Commissioner notifies the live content provider

under subclause (4) of the Classification Board’s

classification of the content; and

(e) apply to the Classification Board under clause 22 for

classification of the content.

Note: For type A remedial situation, see subclause (6).

(3) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) live content provided by a live content service is

potential prohibited content; and

(ii) the live content service has an Australian connection;

and

(b) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that the content would be classified R 18+ or MA

15+; and

(c) the Commissioner has:

(i) a recording of the content; or

(ii) a copy of such a recording;

the Commissioner must:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to live content services Division 4

Clause 56

Broadcasting Services Act 1992 189

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) give the live content service provider a written notice (an

interim service-cessation notice) directing the provider to

take such steps as are necessary to ensure that a type B

remedial situation exists in relation to the live content service

until the Commissioner notifies the live content provider

under subclause (4) of the Classification Board’s

classification of the content; and

(e) apply to the Classification Board under clause 22 for

classification of the content.

Note: For type B remedial situation, see subclause (7).

(4) If, in response to an application made as required by subclause (2)

or (3), the Commissioner is informed under paragraph 23(b) of the

classification of particular content, the Commissioner must:

(a) give the relevant live content service provider a written

notice setting out the classification; and

(b) in a case where the effect of the classification is that the

content is prohibited content because it has been classified

RC or X 18+ by the Classification Board—give the live

content service provider a written notice (a final

service-cessation notice) directing the provider to take such

steps as are necessary to ensure that a type A remedial

situation exists in relation to the live content service; and

(c) in a case where the effect of the classification is that the

content is prohibited content because it has been classified R

18+ or MA 15+ by the Classification Board—give the live

content service provider a written notice (a final

service-cessation notice) directing the provider to take such

steps as are necessary to ensure that a type B remedial

situation exists in relation to the live content service.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

(5) If the Commissioner makes a decision under subclause (2) or (3) to

apply to the Classification Board under clause 22 for classification

of content, the Commissioner must give the relevant live content

service provider a written notice setting out the decision.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to live content services

Clause 57

190 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Type A remedial situation

(6) For the purposes of the application of this clause to a live content

service provider, a type A remedial situation exists in relation to a

live content service if the provider does not provide the live

content service.

Type B remedial situation

(7) For the purposes of the application of this clause to a live content

service provider, a type B remedial situation exists in relation to a

live content service if:

(a) the provider does not provide the live content service; or

(b) access to any R 18+ or MA 15+ content provided by the live

content service is subject to a restricted access system.

57 Undertaking—alternative to service-cessation notice

(1) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) live content provided by a live content service is

prohibited content or potential prohibited content; and

(ii) the live content service has an Australian connection;

and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 56(1), (2) or (3) in

relation to the content; and

(c) the live content service provider concerned gives the

Commissioner a written undertaking relating to the live

content service;

then:

(d) the Commissioner may accept the undertaking; and

(e) if the Commissioner accepts the undertaking—the

Commissioner is not required to take action under

subclause 56(1), (2) or (3) in relation to the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to live content services Division 4

Clause 58

Broadcasting Services Act 1992 191

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) Subclause (1) has effect despite anything in clause 56.

58 Revocation of service-cessation notices—undertaking

(1) If:

(a) a final service-cessation notice or interim service-cessation

notice is applicable to a particular live content service

provider; and

(b) the provider gives the Commissioner a written undertaking

relating to the live content service concerned;

the Commissioner may:

(c) accept the undertaking; and

(d) revoke the final service-cessation notice or interim

service-cessation notice; and

(e) in the case of an interim service-cessation notice—by written

notice given to the Classification Board, determine that the

Classification Board is not required to comply with clause 23

in relation to the classification of the content concerned.

(2) If a final service-cessation notice or interim service-cessation

notice is revoked under this clause, the Commissioner must give

the live content service provider concerned a written notice stating

that the notice has been revoked.

59 Revocation of final service-cessation notices—reclassification of

content

(1) If:

(a) content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)); and

(b) a final service-cessation notice is applicable to a particular

live content service provider; and

(c) the final service-cessation notice was given because the

content was prohibited content; and

(d) the Classification Board reclassifies the content; and

(e) as a result of the reclassification, the content ceases to be

prohibited content;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to live content services

Clause 59A

192 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

the Commissioner must revoke the final service-cessation notice.

(2) If a final service-cessation notice is revoked under this clause, the

Commissioner must give the live content service provider

concerned a written notice stating that the final service-cessation

notice has been revoked.

59A Anti-avoidance—special service-cessation notices

(1) If:

(a) an interim service-cessation notice or a final

service-cessation notice relating to a particular live content

service is applicable to a particular live content service

provider; and

(b) the Commissioner is satisfied that the live content service

provider:

(i) is providing; or

(ii) is proposing to provide;

another live content service that is substantially similar to the

first-mentioned live content service; and

(c) the Commissioner is satisfied that the other live content

service:

(i) has provided; or

(ii) is providing; or

(iii) is likely to provide;

prohibited content or potential prohibited content;

the Commissioner may:

(d) if the interim service-cessation notice or final

service-cessation notice, as the case may be, was given under

paragraph 56(1)(c), (2)(d) or (4)(b) of this Schedule—give

the live content service provider a written notice (a special

service-cessation notice) directing the provider to take all

reasonable steps to ensure that a type A remedial situation

exists in relation to the other live content service at any time

when the interim service-cessation notice or final

service-cessation notice, as the case may be, is in force; or

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to live content services Division 4

Clause 60

Broadcasting Services Act 1992 193

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(e) in any other case—give the live content service provider a

written notice (a special service-cessation notice) directing

the provider to take all reasonable steps to ensure that a type

B remedial situation exists in relation to the other live content

service at any time when the interim service-cessation notice

or final service-cessation notice, as the case may be, is in

force.

Note 1: For type A remedial situation, see subclause (2).

Note 2: For type B remedial situation, see subclause (3).

Type A remedial situation

(2) For the purposes of the application of this clause to a live content

service provider, a type A remedial situation exists in relation to a

live content service if the provider does not provide the live

content service.

Type B remedial situation

(3) For the purposes of the application of this clause to a live content

service provider, a type B remedial situation exists in relation to a

live content service if:

(a) the provider does not provide the live content service; or

(b) access to any R 18+ or MA 15+ content provided by the live

content service is subject to a restricted access system.

60 Compliance with rules relating to prohibited content etc.

Interim service-cessation notice

(1) A live content service provider must comply with an interim

service-cessation notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to live content services

Clause 61

194 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Final service-cessation notice

(2) A live content service provider must comply with a final

service-cessation notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Special service-cessation notice

(2A) A live content service provider must comply with a special

service-cessation notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Undertaking

(3) A live content service provider must comply with an undertaking

given by the provider and accepted under clause 57 or 58.

Designated content/hosting service provider rule

(4) Subclauses (1), (2), (2A) and (3) are designated content/hosting

service provider rules.

61 Identification of content

Content may be identified in a notice under this Division:

(a) by setting out the content; or

(b) by describing the content; or

(c) in any other way.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 62

Broadcasting Services Act 1992 195

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 5—Action to be taken in relation to links services

62 Action to be taken in relation to links services

Prohibited content

(1) If, in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(a) end-users in Australia can access content using a link

provided by a links service; and

(b) the content is prohibited content; and

(c) the links service has an Australian connection;

the Commissioner must:

(d) if:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the content has been classified RC or X 18+ by the

Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the links service provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the content; or

(e) if:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the content has been classified R 18+ or MA 15+ by the

Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the links service provider to

take such steps as are necessary to ensure that a type B

remedial situation exists in relation to the content; or

(f) if:

(i) the content consists of an eligible electronic publication;

and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 62

196 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) the content has been classified RC, category 2 restricted

or category 1 restricted by the Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the links service provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

Potential prohibited content

(2) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) end-users in Australia can access content using a link

provided by a links service; and

(ii) the content is potential prohibited content; and

(iii) the links service has an Australian connection; and

(b) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that:

(i) if the content does not consist of an eligible electronic

publication—the content would be classified RC or X

18+; or

(ii) if the content consists of an eligible electronic

publication—the content would be classified RC or

category 2 restricted;

the Commissioner must:

(c) give the links service provider a written notice (an interim

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type A remedial situation

exists in relation to the content until the Commissioner

notifies the links service provider under subclause (4) of the

Classification Board’s classification of the content; and

(d) apply to the Classification Board under clause 22 for

classification of the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 62

Broadcasting Services Act 1992 197

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For type A remedial situation, see subclause (6).

(3) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) end-users in Australia can access content using a link

provided by a links service; and

(ii) the content is potential prohibited content; and

(iii) the links service has an Australian connection; and

(b) the content does not consist of an eligible electronic

publication; and

(c) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that the content would be classified R 18+ or MA

15+;

the Commissioner must:

(d) give the links service provider a written notice (an interim

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type B remedial situation

exists in relation to the content until the Commissioner

notifies the links service provider under subclause (4) of the

Classification Board’s classification of the content; and

(e) apply to the Classification Board under clause 22 for

classification of the content.

Note: For type B remedial situation, see subclause (7).

(4) If, in response to an application made as required by subclause (2)

or (3), the Commissioner is informed under paragraph 23(b) of the

classification of particular content, the Commissioner must:

(a) give the relevant links service provider a written notice

setting out the classification; and

(b) in a case where:

(i) the content does not consist of an eligible electronic

publication; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 62

198 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) the effect of the classification is that the content is

prohibited content because it has been classified RC or

X 18+ by the Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type A remedial situation

exists in relation to the content; and

(c) in a case where:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified R 18+

or MA 15+ by the Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type B remedial situation

exists in relation to the content; and

(d) in a case where:

(i) the content consists of an eligible electronic publication;

and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified RC,

category 2 restricted or category 1 restricted by the

Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type A remedial situation

exists in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

(5) If the Commissioner makes a decision under subclause (2) or (3) to

apply to the Classification Board under clause 22 for classification

of content, the Commissioner must give the relevant links service

provider a written notice setting out the decision.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 63

Broadcasting Services Act 1992 199

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Type A remedial situation

(6) For the purposes of the application of this clause to a links service

provider, a type A remedial situation exists in relation to particular

content if:

(a) the provider ceases to provide a link to the content using the

links service concerned; or

(b) the content is not provided by a content service provided to

the public (whether on payment of a fee or otherwise).

Type B remedial situation

(7) For the purposes of the application of this clause to a links service

provider, a type B remedial situation exists in relation to particular

content if:

(a) the provider ceases to provide a link to the content using the

links service concerned; or

(b) the content is not provided by a content service provided to

the public (whether on payment of a fee or otherwise); or

(c) access to the content is subject to a restricted access system.

63 Revocation of interim link-deletion notices—voluntary deletion of

link

(1) If:

(a) an interim link-deletion notice relating to a link to particular

content is applicable to a particular links service provider;

and

(b) before the Classification Board classifies the content, the

provider:

(i) ceases to provide a link to the content; and

(ii) gives the Commissioner a written undertaking not to

provide a link to the content;

the Commissioner may:

(c) accept the undertaking; and

(d) revoke the interim link-deletion notice; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 64

200 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(e) by written notice given to the Classification Board, determine

that the Classification Board is not required to comply with

clause 23 in relation to the classification of the content.

(2) If an interim link-deletion notice is revoked under this clause, the

Commissioner must give the links service provider concerned a

written notice stating that the interim link-deletion notice has been

revoked.

64 Revocation of final link-deletion notices—reclassification of

content

(1) If:

(a) content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)); and

(b) a final link-deletion notice relating to a link to the content is

applicable to a particular links service provider; and

(c) the Classification Board reclassifies the content; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final link-deletion notice.

(2) If a final link-deletion notice is revoked under this clause, the

Commissioner must give the links service provider concerned a

written notice stating that the final link-deletion notice has been

revoked.

65 Revocation of final link-deletion notices—reclassification of

content that consists of a film or a computer game

(1) If:

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the Classification Board reclassifies the film or computer

game under the Classification (Publications, Films and

Computer Games) Act 1995; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 66

Broadcasting Services Act 1992 201

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) a final link-deletion notice relating to a link to the content is

applicable to a particular links service provider; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final link-deletion notice.

(2) If a final link-deletion notice is revoked under this clause, the

Commissioner must give the links service provider concerned a

written notice stating that the final link-deletion notice has been

revoked.

66 Revocation of final link-deletion notices—reclassification of a

corresponding print publication

(1) If:

(a) content consists of an eligible electronic publication; and

(b) the Classification Board reclassifies the corresponding print

publication under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) a final link-deletion notice relating to a link to the content is

applicable to a particular links service provider; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final link-deletion notice.

(2) If a final link-deletion notice is revoked under this clause, the

Commissioner must give the links service provider concerned a

written notice stating that the final link-deletion notice has been

revoked.

67 Anti-avoidance—special link-deletion notices

(1) If:

(a) an interim link-deletion notice or a final link-deletion notice

relating to particular content is applicable to a particular links

service provider; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 67

202 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the Commissioner is satisfied that the links service provider

is providing, or is proposing to provide, a link to content (the

similar content) that is the same as, or substantially similar

to, the content identified in the interim link-deletion notice or

the final link-deletion notice, as the case may be; and

(c) the Commissioner is satisfied that the similar content is

prohibited content or potential prohibited content;

the Commissioner may:

(d) if the interim link-deletion notice or the final link-deletion

notice, as the case may be, was given under

paragraph 62(1)(d), (1)(f), (2)(c), (4)(b) or (4)(d)—give the

links service provider a written notice (a special link-deletion

notice) directing the provider to take all reasonable steps to

ensure that a type A remedial situation exists in relation to

the similar content at any time when the interim link-deletion

notice or the final link-deletion notice, as the case may be, is

in force; or

(e) in any other case—give the links service provider a written

notice (a special link-deletion notice) directing the provider

to take all reasonable steps to ensure that a type B remedial

situation exists in relation to the similar content at any time

when the interim link-deletion notice or the final

link-deletion notice, as the case may be, is in force.

Note 1: For type A remedial situation, see subclause (2).

Note 2: For type B remedial situation, see subclause (3).

Type A remedial situation

(2) For the purposes of the application of this clause to a links service

provider, a type A remedial situation exists in relation to the

similar content if:

(a) the provider ceases to provide a link to the similar content

using the links service concerned; or

(b) the similar content is not provided by a content service

provided to the public (whether on payment of a fee or

otherwise).

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 68

Broadcasting Services Act 1992 203

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Type B remedial situation

(3) For the purposes of the application of this clause to a links service

provider, a type B remedial situation exists in relation to the

similar content if:

(a) the provider ceases to provide a link to the similar content

using the links service concerned; or

(b) the similar content is not provided by a content service

provided to the public (whether on payment of a fee or

otherwise); or

(c) access to the similar content is subject to a restricted access

system.

68 Compliance with rules relating to prohibited content etc.

Interim link-deletion notice

(1) A links service provider must comply with an interim link-deletion

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

Final link-deletion notice

(2) A links service provider must comply with a final link-deletion

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

Special link-deletion notice

(3) A links service provider must comply with a special link-deletion

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

(4) In proceedings relating to a contravention of subclause (3), it is a

defence if the links service provider proves:

(a) that the provider did not know; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 68

204 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) that the provider could not, with reasonable diligence, have

ascertained;

that the relevant content was prohibited content or potential

prohibited content.

Note: In criminal proceedings, a defendant bears a legal burden in relation to

the matters in subclause (4)—see section 13.4 of the Criminal Code.

Undertaking

(5) A links service provider must comply with an undertaking given by

the provider and accepted under clause 63.

Designated content/hosting service provider rule

(6) Subclauses (1), (2), (3) and (5) are designated content/hosting

service provider rules.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Law enforcement agencies Division 6

Clause 69

Broadcasting Services Act 1992 205

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 6—Law enforcement agencies

69 Referral of matters to law enforcement agencies

(1) If, in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(a) content is prohibited content or potential prohibited content;

and

(b) the content is of a sufficiently serious nature to warrant

referral to a law enforcement agency;

the Commissioner must notify the content to:

(c) a member of an Australian police force; or

(d) if there is an arrangement between the Commissioner and the

chief (however described) of an Australian police force under

which the Commissioner is authorised to notify the content to

another person or body—that other person or body.

Referral to law enforcement agency

(2) The manner in which content may be notified under

paragraph (1)(c) to a member of an Australian police force includes

(but is not limited to) a manner ascertained in accordance with an

arrangement between the Commissioner and the chief (however

described) of the police force concerned.

(3) If a member of an Australian police force is notified of particular

content under this clause, the member may notify the content to a

member of another law enforcement agency.

(4) This clause does not limit the Commissioner’s powers to refer

other matters to a member of an Australian police force.

Previous referral to law enforcement agency under Schedule 5

(5) The Commissioner is not required to notify particular content

under subclause (1) if the Commissioner has already notified the

content under paragraph 40(1)(a) of Schedule 5.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 6 Law enforcement agencies

Clause 70

206 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

70 Deferral of action in order to avoid prejudicing a criminal

investigation—hosting services

(1) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) content hosted by a hosting service provider is

prohibited content or potential prohibited content; and

(ii) the relevant hosting service has an Australian

connection; and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 47(1), (2) or (3) in

relation to the content; and

(c) a member of an Australian police force satisfies the

Commissioner that the taking of that action should be

deferred until the end of a particular period in order to avoid

prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that

period.

(2) Subclause (1) has effect despite anything in clause 47.

71 Deferral of action in order to avoid prejudicing a criminal

investigation—live content services

(1) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) live content provided by a live content service is

potential prohibited content; and

(ii) the live content service has an Australian connection;

and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 56(1), (2) or (3) in

relation to the content; and

(c) a member of an Australian police force satisfies the

Commissioner that the taking of that action should be

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Law enforcement agencies Division 6

Clause 72

Broadcasting Services Act 1992 207

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

deferred until the end of a particular period in order to avoid

prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that

period.

(2) Subclause (1) has effect despite anything in clause 56.

72 Deferral of action in order to avoid prejudicing a criminal

investigation—links services

(1) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) end-users in Australia can access content using a link

provided by a links service; and

(ii) the content is potential prohibited content; and

(iii) the links service has an Australian connection; and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 62(1), (2) or (3) in

relation to the link; and

(c) a member of an Australian police force satisfies the

Commissioner that the taking of that action should be

deferred until the end of a particular period in order to avoid

prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that

period.

(2) Subclause (1) has effect despite anything in clause 62.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 1 Simplified outline

Clause 73

208 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Industry codes and industry standards

Division 1—Simplified outline

73 Simplified outline

The following is a simplified outline of this Part:

• Bodies and associations that represent sections of the content

industry may develop industry codes.

• Industry codes may be registered by the Commissioner.

• Compliance with an industry code is voluntary unless the

Commissioner directs a particular participant in the content

industry to comply with the code.

• The Commissioner has a reserve power to make an industry

standard if there are no industry codes or if an industry code is

deficient.

• Compliance with industry standards is mandatory.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Interpretation Division 2

Clause 74

Broadcasting Services Act 1992 209

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Interpretation

74 Industry codes

For the purposes of this Part, an industry code is a code developed

under this Part (whether or not in response to a request under this

Part).

75 Industry standards

For the purposes of this Part, an industry standard is a standard

determined under this Part.

76 Content activity

For the purposes of this Part, a content activity is an activity that

consists of:

(a) providing a hosting service that has an Australian connection;

or

(b) providing a live content service that has an Australian

connection; or

(c) providing a links service that has an Australian connection;

or

(d) providing a commercial content service that has an

Australian connection.

77 Sections of the content industry

(1) For the purposes of this Part, sections of the content industry are

to be ascertained in accordance with this clause.

(2) For the purposes of this Part, each of the following groups is a

section of the content industry:

(a) hosting service providers, where the relevant hosting services

have an Australian connection;

(b) live content service providers, where the relevant live content

services have an Australian connection;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 2 Interpretation

Clause 78

210 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) links service providers, where the relevant links services

have an Australian connection;

(d) commercial content service providers, where the relevant

commercial content services have an Australian connection.

78 Participants in a section of the content industry

For the purposes of this Part, if a person is a member of a group

that constitutes a section of the content industry, the person is a

participant in that section of the content industry.

79 Designated body

The Minister may, by legislative instrument, declare that a

specified body or association is the designated body for the

purposes of this Part. The declaration has effect accordingly.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

General principles relating to industry codes and industry standards Division 3

Clause 80

Broadcasting Services Act 1992 211

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 3—General principles relating to industry codes

and industry standards

80 Statement of regulatory policy

(1) The Parliament intends that bodies or associations that the

Commissioner is satisfied represent sections of the content industry

should develop codes (industry codes) that are to apply to

participants in the respective sections of the industry in relation to

their content activities.

(2) The Parliament intends that the Commissioner should make

reasonable efforts to ensure that, for each section of the content

industry, either:

(a) an industry code is registered under this Part within 6 months

after the commencement of this Schedule; or

(b) an industry standard is registered under this Part within 9

months after the commencement of this Schedule.

81 Matters that must be dealt with by industry codes and industry

standards—commercial content providers

(1) The Parliament intends that, for the commercial content service

provider section of the content industry, there should be:

(a) an industry code or an industry standard that deals with; or

(b) an industry code and an industry standard that together deal

with;

each of the following matters:

(c) the engagement of trained content assessors by commercial

content service providers;

(d) ensuring that content (other than live content or content that

consists of an eligible electronic publication) that:

(i) has not been classified by the Classification Board; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 81

212 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) would, if it were classified by the Classification Board,

be substantially likely to be classified RC, X 18+, R 18+

or MA 15+ by the Classification Board;

is not provided by commercial content services (other than

news services or current affairs services) unless a trained

content assessor has assessed the content for the purposes of

categorising the content as:

(iii) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified RC by the Classification Board; or

(iv) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified X 18+ by the Classification Board; or

(v) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified R 18+ by the Classification Board; or

(vi) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified MA 15+ by the Classification Board;

(e) ensuring that live content is not provided by commercial

content services (other than news services or current affairs

services) unless:

(i) there is no reasonable likelihood that the live content

will be of a kind that would, if it were classified by the

Classification Board, be substantially likely to be

classified RC, X 18+, R 18+ or MA 15+ by the

Classification Board; or

(ii) a trained content assessor has given advice to the

relevant commercial content service provider about

whether the live content is likely to be of a kind that

would, if it were classified by the Classification Board,

be substantially likely to be classified RC, X 18+, R 18+

or MA 15+ by the Classification Board;

(f) ensuring that content that consists of an eligible electronic

publication that:

(i) has not been classified by the Classification Board; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

General principles relating to industry codes and industry standards Division 3

Clause 82

Broadcasting Services Act 1992 213

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) would, if it were classified by the Classification Board,

be substantially likely to be classified RC or category 2

restricted by the Classification Board;

is not provided by commercial content services (other than

news services or current affairs services) unless a trained

content assessor has assessed the content for the purposes of

categorising the content as:

(iii) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified RC by the Classification Board; or

(iv) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified category 2 restricted by the Classification

Board.

Note: The classification of an eligible electronic publication is the same as

the classification of the corresponding print publication—see

clause 24.

(2) For the purposes of paragraphs (1)(d), (e) and (f), it is to be

assumed that this Schedule authorised the Classification Board to

classify the content concerned.

Codes and standards not limited

(3) This clause does not limit the matters that may be dealt with by

industry codes and industry standards.

82 Examples of matters that may be dealt with by industry codes

and industry standards

(1) This clause sets out examples of matters that may be dealt with by

industry codes and industry standards.

(2) The applicability of a particular example will depend on which

section of the content industry is involved.

(3) The examples are as follows:

(a) procedures to be followed in order to deal with complaints

about matters, where the complainant could have made a

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 82

214 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

complaint about the same matter under subclause 37(1), (2)

or (3) or 38(1) or (2);

(b) telling persons about their rights to make complaints;

(c) procedures to be followed in order to assist persons to make

complaints;

(d) the referral to the Commissioner of complaints about matters,

where:

(i) the complainant could have made a complaint about the

same matter under subclause 37(1), (2) or (3) or 38(1)

or (2); and

(ii) the complainant is dissatisfied with the way in which

the complaint was dealt with under the code or standard;

(e) advice about the reasons for content having a particular

classification;

(f) procedures directed towards the achievement of the objective

of ensuring that, in the event that a commercial content

service provider becomes aware that:

(i) prohibited content; or

(ii) potential prohibited content;

is or was delivered to, or made available for access by, an

end-user of a commercial content service provided by

another commercial content service provider, the other

commercial content service provider is told about the

prohibited content or the potential prohibited content, as the

case may be;

(g) promoting awareness of the safety issues associated with

commercial content services or live content services;

(h) procedures to be followed in order to deal with safety issues

associated with commercial content services that are chat

services;

(i) procedures to be followed in order to assist parents and

responsible adults to deal with safety issues associated with

children’s use of commercial content services that are chat

services;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

General principles relating to industry codes and industry standards Division 3

Clause 83

Broadcasting Services Act 1992 215

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(j) giving parents and responsible adults information about how

to supervise and control children’s access to content provided

by commercial content services or live content services;

(k) procedures to be followed in order to assist parents and

responsible adults to supervise and control children’s access

to content provided by commercial content services or live

content services;

(l) procedures to be followed in order to inform producers of

content provided by commercial content services or live

content services about the legal responsibilities of

commercial content service providers in relation to that

content;

(m) the making and retention of records of content provided by a

commercial content service or a live content service;

(n) the making and retention of recordings of live content

provided by a live content service;

(o) procedures directed towards the achievement of the objective

of ensuring that, in the event that new content services or live

content services are developed that could put at risk the

safety of children who are end-users of the services, the

Commissioner is informed about those services.

83 Escalation of complaints

(1) This clause applies if an industry code or industry standard deals

with the matter referred to in paragraph 82(3)(a).

(2) The industry code or industry standard, as the case may be, must

also deal with the matter referred to in paragraph 82(3)(d).

84 Collection of personal information

(1) This clause applies to a provision of an industry code or industry

standard if the provision deals with the making and retention of:

(a) records of content provided by a content service; or

(b) recordings of live content provided by a live content service.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 84

216 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) The provision must not authorise the collection of personal

information (within the meaning of the Privacy Act 1988) about an

end-user of a content service.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry codes Division 4

Clause 85

Broadcasting Services Act 1992 217

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Industry codes

85 Registration of industry codes

(1) This clause applies if:

(a) the Commissioner is satisfied that a body or association

represents a particular section of the content industry; and

(b) that body or association develops an industry code that

applies to participants in that section of the industry and deals

with one or more matters relating to the content activities of

those participants; and

(c) the body or association gives a copy of the code to the

Commissioner; and

(d) the Commissioner is satisfied that:

(i) to the extent to which the code deals with one or more

matters of substantial relevance to the community—the

code provides appropriate community safeguards for

that matter or those matters; and

(ii) to the extent to which the code deals with one or more

matters that are not of substantial relevance to the

community—the code deals with that matter or those

matters in an appropriate manner; and

(e) the Commissioner is satisfied that, before giving the copy of

the code to the Commissioner:

(i) the body or association published a draft of the code and

invited members of the public to make submissions to

the body or association about the draft within a

specified period; and

(ii) the body or association gave consideration to any

submissions that were received from members of the

public within that period; and

(f) the Commissioner is satisfied that, before giving the copy of

the code to the Commissioner:

(i) the body or association published a draft of the code and

invited participants in that section of the industry to

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 4 Industry codes

Clause 86

218 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

make submissions to the body or association about the

draft within a specified period; and

(ii) the body or association gave consideration to any

submissions that were received from participants in that

section of the industry within that period; and

(g) the Commissioner is satisfied that the designated body has

been consulted about the development of the code.

Note: Designated body is defined by clause 79.

(2) The Commissioner must register the code by including it in the

Register of industry codes kept under clause 101.

(3) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must

run for at least 30 days.

(4) If:

(a) an industry code (the new code) is registered under this Part;

and

(b) the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new

code is registered.

86 Commissioner may request codes

(1) If the Commissioner is satisfied that a body or association

represents a particular section of the content industry, the

Commissioner may, by written notice given to the body or

association, request the body or association to:

(a) develop an industry code that applies to participants in that

section of the industry and deals with one or more specified

matters relating to the content activities of those participants;

and

(b) give the Commissioner a copy of the code within the period

specified in the notice.

(2) The period specified in a notice under subclause (1) must run for at

least 120 days.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry codes Division 4

Clause 87

Broadcasting Services Act 1992 219

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) The Commissioner must not make a request under subclause (1) in

relation to a particular section of the content industry unless the

Commissioner is satisfied that:

(a) the development of the code is necessary or convenient in

order to:

(i) provide appropriate community safeguards; or

(ii) otherwise deal with the performance or conduct of

participants in that section of the industry; and

(b) in the absence of the request, it is unlikely that an industry

code would be developed within a reasonable period.

(4) The Commissioner may vary a notice under subclause (1) by

extending the period specified in the notice.

(5) Subclause (4) does not limit the application of subsection 33(3) of

the Acts Interpretation Act 1901.

(6) A notice under subclause (1) may specify indicative targets for

achieving progress in the development of the code (for example, a

target of 60 days to develop a preliminary draft of the code).

87 Publication of notice where no body or association represents a

section of the content industry

(1) If the Commissioner is satisfied that a particular section of the

content industry is not represented by a body or association, the

Commissioner may publish a notice on the Commissioner’s

website:

(a) stating that, if such a body or association were to come into

existence within a specified period, the Commissioner would

be likely to give a notice to that body or association under

subclause 86(1); and

(b) setting out the matter or matters relating to the content

activities of those providers that would be likely to be

specified in the subclause 86(1) notice.

(2) The period specified in a notice under subclause (1) must run for at

least 60 days.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 4 Industry codes

Clause 88

220 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

88 Replacement of industry codes

(1) Changes to an industry code are to be achieved by replacing the

code instead of varying the code.

(2) If the replacement code differs only in minor respects from the

original code, clause 85 has effect, in relation to the registration of

the code, as if paragraphs 85(1)(e) and (f) of this Schedule had not

been enacted.

Note: Paragraphs 85(1)(e) and (f) deal with submissions about draft codes.

89 Compliance with industry codes

(1) If:

(a) a person is a participant in a particular section of the content

industry; and

(b) the Commissioner is satisfied that the person has

contravened, or is contravening, an industry code that:

(i) is registered under this Part; and

(ii) applies to participants in that section of the industry;

the Commissioner may, by written notice given to the person,

direct the person to comply with the industry code.

(2) A person must comply with a direction under subclause (1).

(3) Subclause (2) is a designated content/hosting service provider rule.

Note: For enforcement, see Part 6 of this Schedule.

90 Formal warnings—breach of industry codes

(1) This clause applies to a person who is a participant in a particular

section of the content industry.

(2) The Commissioner may issue a formal warning if the person

contravenes an industry code registered under this Part.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry standards Division 5

Clause 91

Broadcasting Services Act 1992 221

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 5—Industry standards

91 Commissioner may determine an industry standard if a request

for an industry code is not complied with

(1) This clause applies if:

(a) the Commissioner has made a request under subclause 86(1)

in relation to the development of a code that is to:

(i) apply to participants in a particular section of the

content industry; and

(ii) deal with one or more matters relating to the content

activities of those participants; and

(b) any of the following conditions is satisfied:

(i) the request is not complied with;

(ii) if indicative targets for achieving progress in the

development of the code were specified in the notice of

request—any of those indicative targets were not met;

(iii) the request is complied with, but the Commissioner

subsequently refuses to register the code; and

(c) the Commissioner is satisfied that it is necessary or

convenient for the Commissioner to determine a standard in

order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

(3) Before determining an industry standard under this clause, the

Commissioner must consult the body or association to whom the

request mentioned in paragraph (1)(a) was made.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 5 Industry standards

Clause 92

222 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) The Minister may, by legislative instrument, give the

Commissioner a written direction as to the exercise of his or her

powers under this clause.

92 Commissioner may determine industry standard where no

industry body or association formed

(1) This clause applies if:

(a) the Commissioner is satisfied that a particular section of the

content industry is not represented by a body or association;

and

(b) the Commissioner has published a notice under

subclause 87(1); and

(c) that notice:

(i) states that, if such a body or association were to come

into existence within a particular period, the

Commissioner would be likely to give a notice to that

body or association under subclause 86(1); and

(ii) sets out one or more matters relating to the content

activities of participants in that section of the industry;

and

(d) no such body or association comes into existence within that

period; and

(e) the Commissioner is satisfied that it is necessary or

convenient for the Commissioner to determine a standard in

order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry standards Division 5

Clause 93

Broadcasting Services Act 1992 223

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) The Minister may, by legislative instrument, give the

Commissioner a written direction as to the exercise of his or her

powers under this clause.

93 Commissioner may determine industry standards—total failure

of industry codes

(1) This clause applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

content industry; and

(ii) deals with one or more matters relating to the content

activities of those participants;

has been registered under this Part for at least 180 days; and

(b) the Commissioner is satisfied that the code is totally deficient

(as defined by subclause (6)); and

(c) the Commissioner has given the body or association that

developed the code a written notice requesting that

deficiencies in the code be addressed within a specified

period; and

(d) that period ends and the Commissioner is satisfied that it is

necessary or convenient for the Commissioner to determine a

standard that applies to participants in that section of the

industry and deals with that matter or those matters.

(2) The period specified in a notice under paragraph (1)(c) must run

for at least 30 days.

(3) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

(4) If the Commissioner is satisfied that a body or association

represents that section of the industry, the Commissioner must

consult the body or association before determining an industry

standard under subclause (3).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 5 Industry standards

Clause 94

224 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(5) The industry code ceases to be registered under this Part on the day

on which the industry standard comes into force.

(6) For the purposes of this clause, an industry code that applies to

participants in a particular section of the content industry and deals

with one or more matters relating to the content activities of those

participants is totally deficient if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter or those matters; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter or those matters.

(7) The Minister may, by legislative instrument, give the

Commissioner a written direction as to the exercise of his or her

powers under this clause.

94 Commissioner may determine industry standards—partial

failure of industry codes

(1) This clause applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

content industry; and

(ii) deals with 2 or more matters relating to the content

activities of those participants;

has been registered under this Part for at least 180 days; and

(b) clause 93 does not apply to the code; and

(c) the Commissioner is satisfied that the code is deficient (as

defined by subclause (6)) to the extent to which the code

deals with one or more of those matters (the deficient matter

or deficient matters); and

(d) the Commissioner has given the body or association that

developed the code a written notice requesting that

deficiencies in the code be addressed within a specified

period; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry standards Division 5

Clause 94

Broadcasting Services Act 1992 225

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(e) that period ends and the Commissioner is satisfied that it is

necessary or convenient for the Commissioner to determine a

standard that applies to participants in that section of the

industry and deals with the deficient matter or deficient

matters.

(2) The period specified in a notice under paragraph (1)(d) must run

for at least 30 days.

(3) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with the deficient matter or deficient matters. A standard

under this subclause is to be known as an industry standard.

(4) If the Commissioner is satisfied that a body or association

represents that section of the industry, the Commissioner must

consult the body or association before determining an industry

standard under subclause (3).

(5) On and after the day on which the industry standard comes into

force, the industry code has no effect to the extent to which it deals

with the deficient matter or deficient matters. However, this

subclause does not affect:

(a) the continuing registration of the remainder of the industry

code; or

(b) any investigation, proceeding or remedy in respect of a

contravention of the industry code or clause 89 that occurred

before that day.

(6) For the purposes of this clause, an industry code that applies to

participants in a particular section of the content industry and deals

with 2 or more matters relating to the content activities of those

participants is deficient to the extent to which it deals with a

particular one of those matters if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 5 Industry standards

Clause 95

226 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(7) The Minister may, by legislative instrument, give the

Commissioner a written direction as to the exercise of his or her

powers under this clause.

95 Compliance with industry standards

(1) If:

(a) an industry standard that applies to participants in a particular

section of the content industry is registered under this Part;

and

(b) a person is a participant in that section of the content

industry;

the person must comply with the industry standard.

Note: For enforcement, see Part 6 of this Schedule.

(2) Subclause (1) is a designated content/hosting service provider rule.

96 Formal warnings—breach of industry standards

(1) This clause applies to a person who is a participant in a particular

section of the content industry.

(2) The Commissioner may issue a formal warning if the person

contravenes an industry standard registered under this Part.

97 Variation of industry standards

The Commissioner may, by legislative instrument, vary an industry

standard that applies to participants in a particular section of the

content industry if the Commissioner is satisfied that it is necessary

or convenient to do so to:

(a) provide appropriate community safeguards in relation to one

or more matters relating to the content activities of those

participants; and

(b) otherwise regulate adequately those participants in relation to

one or more matters relating to the content activities of those

participants.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry standards Division 5

Clause 98

Broadcasting Services Act 1992 227

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

98 Revocation of industry standards

(1) The Commissioner may, by legislative instrument, revoke an

industry standard.

(2) If:

(a) an industry code is registered under this Part; and

(b) the code is expressed to replace an industry standard;

the industry standard is revoked when the code is registered.

99 Public consultation on industry standards

(1) Before determining or varying an industry standard, the

Commissioner must:

(a) make a copy of the draft available on its website; and

(b) publish a notice on its website:

(i) stating that the Commissioner has prepared a draft of

the industry standard or variation; and

(ii) inviting interested persons to give written comments

about the draft to the Commissioner within the period

specified in the notice.

(2) The period specified in the notice must run for at least 30 days

after the publication of the notice.

(3) Subclause (1) does not apply to a variation if the variation is of a

minor nature.

(4) If interested persons have given comments in accordance with a

notice under subclause (1), the Commissioner must have due

regard to those comments in determining or varying the industry

standard, as the case may be.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 5 Industry standards

Clause 100

228 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

100 Consultation with designated body

(1) Before determining or varying an industry standard, the

Commissioner must consult the designated body.

(2) Before revoking an industry standard under subclause 98(1), the

Commissioner must consult the designated body.

Note: Designated body is defined by clause 79.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Register of industry codes and industry standards Division 6

Clause 101

Broadcasting Services Act 1992 229

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 6—Register of industry codes and industry

standards

101 Commissioner to maintain Register of industry codes and

industry standards

(1) The Commissioner is to maintain a Register in which the

Commissioner includes:

(a) all industry codes required to be registered under this Part;

and

(b) all industry standards; and

(c) all requests made under clause 86; and

(d) all notices under clause 87; and

(e) all directions under clause 89.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 7 Miscellaneous

Clause 102

230 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 7—Miscellaneous

102 Industry codes may provide for matters by reference to other

instruments

Section 589 of the Telecommunications Act 1997 applies to an

industry code in a corresponding way to the way in which it applies

to an instrument under that Act.

103 Industry standards may provide for matters by reference to

other instruments

Section 589 of the Telecommunications Act 1997 applies to an

industry standard in a corresponding way to the way in which it

applies to an instrument under that Act.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Designated content/hosting service provider determinations Part 5

Clause 104

Broadcasting Services Act 1992 231

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Designated content/hosting service

provider determinations

104 Designated content/hosting service provider determinations

(1) The Commissioner may, by legislative instrument, determine rules

that apply to designated content/hosting service providers in

relation to the provision of designated content/hosting services.

(2) A determination under subclause (1) is called a designated

content/hosting service provider determination.

(3) A designated content/hosting service provider determination has

effect only to the extent that:

(a) it is authorised by paragraph 51(v) of the Constitution (either

alone or when read together with paragraph 51(xxxix) of the

Constitution); or

(b) both:

(i) it is authorised by section 122 of the Constitution; and

(ii) it would have been authorised by paragraph 51(v) of the

Constitution (either alone or when read together with

paragraph 51(xxxix) of the Constitution) if section 51 of

the Constitution extended to the Territories.

(4) The Commissioner must not make a designated content/hosting

service provider determination unless the determination relates to a

matter specified in the regulations.

(5) A designated content/hosting service provider determination may

make provision for or in relation to a particular matter by

empowering the Commissioner to make decisions of an

administrative character.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 5 Designated content/hosting service provider determinations

Clause 105

232 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

105 Exemptions from designated content/hosting service provider

determinations

(1) The Minister may, by legislative instrument, determine that a

specified designated content/hosting service provider is exempt

from designated content/hosting service provider determinations.

(2) The Minister may, by legislative instrument, determine that a

specified designated content/hosting service provider is exempt

from a specified designated content/hosting service provider

determination.

(3) A determination under this clause may be unconditional or subject

to such conditions (if any) as are specified in the determination.

(4) A determination under this clause has effect accordingly.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Enforcement Part 6

Clause 106

Broadcasting Services Act 1992 233

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 6—Enforcement

106 Compliance with designated content/hosting service provider

rules—offence

(1) A person commits an offence if:

(a) the person is a designated content/hosting service provider;

and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes a designated

content/hosting service provider rule that applies to the

person.

Penalty: 100 penalty units.

(2) A person who contravenes subclause (1) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any later day) during which the contravention

continues.

107 Compliance with designated content/hosting service provider

rules—civil penalty provision

(1) A person must not contravene a designated content/hosting service

provider rule if:

(a) the person is a designated content/hosting service provider;

and

(b) the rule applies to the person.

(2) Subclause (1) is a civil penalty provision.

(3) A person who contravenes subclause (1) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 6 Enforcement

Clause 108

234 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

108 Remedial directions—breach of designated content/hosting

service provider rules

(1) This clause applies if the Commissioner is satisfied that a

designated content/hosting service provider has contravened, or is

contravening, a designated content/hosting service provider rule

that applies to the provider.

(2) The Commissioner may give the designated content/hosting

service provider a written direction requiring the provider to take

specified action directed towards ensuring that the provider does

not contravene the rule, or is unlikely to contravene the rule, in the

future.

(3) The following are examples of the kinds of direction that may be

given to a designated content/hosting service provider under

subclause (2):

(a) a direction that the provider implement effective

administrative systems for monitoring compliance with a

designated content/hosting service provider rule;

(b) a direction that the provider implement a system designed to

give the provider’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of a designated content/hosting service provider rule, in so

far as those requirements affect the employees, agents or

contractors concerned.

Offence

(4) A person commits an offence if:

(a) the person is subject to a direction under subclause (2); and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes the direction.

Penalty: 100 penalty units.

(5) A person who contravenes subclause (4) commits a separate

offence in respect of each day (including a day of a conviction for

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Enforcement Part 6

Clause 109

Broadcasting Services Act 1992 235

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

the offence or any later day) during which the contravention

continues.

Civil penalty

(6) A person must comply with a direction under subclause (2).

(7) Subclause (6) is a civil penalty provision.

(8) A person who contravenes subclause (6) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

109 Formal warnings—breach of designated content/hosting service

provider rules

The Commissioner may issue a formal warning to a person if the

Commissioner is satisfied that the person has contravened, or is

contravening, a designated content/hosting service provider rule

that applies to the person.

110 Federal Court may order a person to cease providing designated

content/hosting services

(1) If the Commissioner is satisfied that a person is providing a

designated content/hosting service otherwise than in accordance

with a designated content/hosting service provider rule that applies

to the person, the Commissioner may apply to the Federal Court

for an order that the person cease providing that designated

content/hosting service.

(2) If the Federal Court is satisfied, on such an application, that the

person is providing a designated content/hosting service otherwise

than in accordance with a designated content/hosting service

provider rule that applies to the person, the Federal Court may

order the person to cease providing that designated content/hosting

service.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 7 Protection from civil and criminal proceedings

Clause 111

236 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 7—Protection from civil and criminal

proceedings

111 Protection from civil proceedings—service providers

Hosting service provider

(1) Civil proceedings do not lie against a hosting service provider in

respect of anything done by the provider in compliance with

clause 53.

Live content service provider

(2) Civil proceedings do not lie against a live content service provider

in respect of anything done by the provider in compliance with

clause 60.

Links service provider

(3) Civil proceedings do not lie against a links service provider in

respect of anything done by the provider in compliance with

clause 68.

112 Protection from criminal proceedings—Commissioner,

Classification Board and Classification Review Board

(1) For the purposes of this clause, each of the following is a protected

person:

(a) the Commissioner;

(c) a member of the staff of the ACMA;

(d) a consultant engaged under section 69 of the Enhancing

Online Safety Act 2015;

(e) an officer or employee whose services are made available to

the ACMA under paragraph 55(1)(a) of the Australian

Communications and Media Authority Act 2005;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Protection from civil and criminal proceedings Part 7

Clause 112

Broadcasting Services Act 1992 237

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(f) a member or temporary member of the Classification Board;

(g) a member of staff assisting the Classification Board or

Classification Review Board as mentioned in section 88A of

the Classification (Publications, Films and Computer

Games) Act 1995;

(h) a consultant engaged to assist in the performance of the

functions of the Classification Board or the functions of the

Classification Review Board;

(i) an officer whose services are made available to the

Classification Board under subsection 54(3) of the

Classification (Publications, Films and Computer Games)

Act 1995;

(j) a member of the Classification Review Board.

(2) Criminal proceedings do not lie against a protected person for or in

relation to:

(a) the collection of content or material; or

(b) the possession of content or material; or

(c) the distribution of content or material; or

(d) the delivery of content or material; or

(e) the copying of content or material; or

(f) the doing of any other thing in relation to content or material;

in connection with the exercise of a power, or the performance of a

function, conferred on the Commissioner, the Classification Board

or the Classification Review Board by this Schedule or Schedule 5

to this Act.

Definition

(3) In this clause:

possession includes have in custody or control.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 8 Review of decisions

Clause 113

238 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 8—Review of decisions

113 Review by the Administrative Appeals Tribunal

Decisions under Division 3 of Part 3

(1) An application may be made to the Administrative Appeals

Tribunal for a review of any of the following decisions made by

the Commissioner:

(a) a decision to give a hosting service provider an interim

take-down notice;

(b) a decision to give a hosting service provider a final

take-down notice;

(c) a decision to give a hosting service provider a special

take-down notice;

(d) a decision under subclause 47(2) or (3) to apply to the

Classification Board for classification of content hosted by a

hosting service provider.

(2) An application under subclause (1) may only be made by the

hosting service provider concerned.

Decisions under Division 4 of Part 3

(3) An application may be made to the Administrative Appeals

Tribunal for a review of any of the following decisions made by

the Commissioner:

(a) a decision to give a live content service provider an interim

service-cessation notice;

(b) a decision to give a live content service provider a final

service-cessation notice;

(ba) a decision to give a live content service provider a special

service-cessation notice;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Review of decisions Part 8

Clause 113

Broadcasting Services Act 1992 239

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) a decision under subclause 56(2) or (3) to apply to the

Classification Board for classification of content provided by

a live content service.

(4) An application under subclause (3) may only be made by the live

content service provider concerned.

Decisions under Division 5 of Part 3

(5) An application may be made to the Administrative Appeals

Tribunal for a review of any of the following decisions made by

the Commissioner:

(a) a decision to give a links service provider an interim

link-deletion notice;

(b) a decision to give a links service provider a final

link-deletion notice;

(c) a decision to give a links service provider a special

link-deletion notice;

(d) a decision under subclause 62(2) or (3) to apply to the

Classification Board for classification of content that can be

accessed using a link provided by a links service.

(6) An application under subclause (5) may only be made by the links

service provider concerned.

Decisions under clause 85

(7) An application may be made to the Administrative Appeals

Tribunal for a review of a decision of the Commissioner under

clause 85 to refuse to register a code.

(8) An application under subclause (7) may only be made by the body

or association that developed the code.

Decisions under clause 89

(9) An application may be made to the Administrative Appeals

Tribunal for a review of a decision of the Commissioner under

clause 89 to:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 8 Review of decisions

Clause 113

240 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) give a direction to a designated content/hosting service

provider; or

(b) vary a direction that is applicable to a designated

content/hosting service provider; or

(c) refuse to revoke a direction that is applicable to a designated

content/hosting service provider.

(10) An application under subclause (9) may only be made by the

designated content/hosting service provider concerned.

Decisions under subclause 104(5) or clause 108

(11) An application may be made to the Administrative Appeals

Tribunal for a review of any of the following decisions made by

the Commissioner:

(a) a decision of a kind referred to in subclause 104(5) (which

deals with decisions under designated content/hosting service

provider determinations), where the decision relates to a

designated content/hosting service provider;

(b) a decision under clause 108 to:

(i) give a direction to a designated content/hosting service

provider; or

(ii) vary a direction that is applicable to a designated

content/hosting service provider; or

(iii) refuse to revoke a direction that is applicable to a

designated content/hosting service provider.

(12) An application under subclause (11) may only be made by the

designated content/hosting service provider concerned.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Miscellaneous Part 9

Clause 114

Broadcasting Services Act 1992 241

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 9—Miscellaneous

114 Additional Commissioner functions

The Commissioner has the following functions:

(a) to monitor compliance with codes and standards registered

under Part 4 of this Schedule;

(b) to advise and assist parents and responsible adults in relation

to the supervision and control of children’s access to content

services;

(c) to conduct and/or co-ordinate community education

programs about content services, in consultation with

relevant industry and consumer groups and government

agencies;

(d) to conduct and/or commission research into issues relating to

content services;

(e) to liaise with regulatory and other relevant bodies overseas

about co-operative arrangements for the regulation of the

commercial content services industry, including (but not

limited to) collaborative arrangements to develop:

(i) multilateral codes of practice; and

(ii) content labelling technologies;

(f) to inform himself or herself and advise the Minister on

technological developments and service trends in the

commercial content services industry.

115 Recordings of content etc.

Recordings of live content

(1) The Commissioner may:

(a) make a recording of live content, or of a segment of live

content, for the purposes of:

(i) an investigation under Division 2 of Part 3; or

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 9 Miscellaneous

Clause 116

242 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) an application to the Classification Board under

clause 22; and

(b) make one or more copies of such a recording for the purposes

of:

(i) an investigation under Division 2 of Part 3; or

(ii) an application to the Classification Board under

clause 22.

Copies of stored content

(2) The Commissioner may make one or more copies of stored content

for the purposes of:

(a) an investigation under Division 2 of Part 3; or

(b) an application to the Classification Board under clause 22.

Copyright

(3) The Commissioner does not infringe copyright if the

Commissioner does anything authorised by subclause (1) or (2).

116 Samples of content to be submitted for classification

The Commissioner must, from time to time:

(a) select samples of content that have been the subject of

complaints under clause 37; and

(b) apply to the Classification Board under clause 22 for

classification of that content.

117 Service of summons, process or notice on corporations

incorporated outside Australia

(1) This clause applies to:

(a) a summons or process in any proceedings under, or

connected with, this Schedule; or

(b) a notice under this Schedule;

where:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Miscellaneous Part 9

Clause 117A

Broadcasting Services Act 1992 243

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) the summons, process or notice, as the case may be, is

required to be served on, or given to, a body corporate

incorporated outside Australia; and

(d) the body corporate does not have a registered office or a

principal office in Australia; and

(e) the body corporate has an agent in Australia.

(2) The summons, process or notice, as the case may be, is taken to

have been served on, or given to, the body corporate if it is served

on, or given to, the agent.

(3) Subclause (2) has effect in addition to section 28A of the Acts

Interpretation Act 1901.

Note: Section 28A of the Acts Interpretation Act 1901 deals with the service

of documents.

117A Meaning of broadcasting service

Disregard the following provisions of this Schedule in determining

the meaning of the expression broadcasting service:

(a) clause 9A;

(b) subparagraph 20(1)(c)(vi).

119 This Schedule does not limit Schedule 5

This Schedule does not limit the operation of Schedule 5.

120 This Schedule does not limit the Telecommunications Act 1997

This Schedule does not limit the operation of the

Telecommunications Act 1997.

121 Implied freedom of political communication

(1) This Schedule does not apply to the extent (if any) that it would

infringe any constitutional doctrine of implied freedom of political

communication.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 9 Miscellaneous

Clause 122

244 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) Subclause (1) does not limit the application of section 15A of the

Acts Interpretation Act 1901 to this Act.

122 Concurrent operation of State and Territory laws

It is the intention of the Parliament that this Schedule is not to

apply to the exclusion of a law of a State or Territory to the extent

to which that law is capable of operating concurrently with this

Schedule.

123 Schedule not to affect performance of State or Territory

functions

A power conferred by this Schedule must not be exercised in such

a way as to prevent the exercise of the powers, or the performance

of the functions, of government of a State, the Northern Territory

or the Australian Capital Territory.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Introduction Part 1

Clause 1

Broadcasting Services Act 1992 245

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 1 Introduction

Clause 2

246 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 247

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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 Schedule 5.

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 1 Introduction

Clause 3

248 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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:

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Introduction Part 1

Clause 3

Broadcasting Services Act 1992 249

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 1 Introduction

Clause 4

250 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Introduction Part 1

Clause 5

Broadcasting Services Act 1992 251

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 1 Introduction

Clause 8

252 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Online content service provider rules Part 2

Clause 11

Broadcasting Services Act 1992 253

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 1 Online content service provider rules relating to gambling promotional

content

Clause 13

254 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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:

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Online content service provider rules relating to gambling promotional content

Division 1

Clause 14

Broadcasting Services Act 1992 255

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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

(d) retain those records for the period ascertained in accordance

with the first-mentioned rules; and

(e) make those retained records available to the ACMA on

request.

Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.

(4) For the purposes of subparagraph (3)(c)(i), each of the following is

an example of a kind of record:

(a) a written record;

(b) an audio record;

(c) an audio-visual record.

End-user physically present in Australia

(5) Online content service provider rules made for the purposes of

subclause (1) or (2) do not apply in relation to content provided on

an online content service to an end-user unless the end-user is

physically present in Australia.

14 Accidental or incidental provision of gambling promotional

content

The online content service provider rules do not apply in relation to

the provision of gambling promotional content on an online

content service if:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 1 Online content service provider rules relating to gambling promotional

content

Clause 15

256 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) the gambling promotional content is provided as an

accidental or incidental accompaniment to the provision of

other content; and

(b) the provider of the online content service does not receive

any direct or indirect benefit (whether financial or not) for

providing the gambling promotional content (in addition to

any direct or indirect benefit that the provider receives for

providing the other content).

15 Individual exemptions from online content service provider rules

(1) The ACMA may, by writing, determine that a specified online

content service is exempt from online content service provider

rules made for the purposes of subclause 13(1) or (2).

(2) The ACMA may, by writing, determine that a specified online

content service is exempt from one or more specified provisions of

online content service provider rules made for the purposes of

subclause 13(1) or (2).

(3) The ACMA may, by writing, determine that a specified online

content service provider is exempt from online content service

provider rules made for the purposes of subclause 13(1) or (2).

(4) The ACMA may, by writing, determine that a specified online

content service provider is exempt from one or more specified

provisions of online content service provider rules made for the

purposes of subclause 13(1) or (2).

Decision-making criteria

(5) In deciding whether to make a determination under subclause (1)

or (2) in relation to an online content service, the ACMA must

have regard to:

(a) whether the online content service is a small online content

service; and

(b) whether a failure to make the determination would be likely

to have a substantial adverse effect on the financial

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Online content service provider rules relating to gambling promotional content

Division 1

Clause 15

Broadcasting Services Act 1992 257

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

circumstances of the provider of the online content service;

and

(c) the likely impact of a failure to make the determination on

the quantity and quality of content provided on the online

content service; and

(d) such other matters (if any) as the ACMA considers relevant.

(6) In deciding whether to make a determination under subclause (3)

or (4) in relation to an online content service provider, the ACMA

must have regard to:

(a) whether the online content services provided by the provider

are small online content services; and

(b) whether a failure to make the determination would be likely

to have a substantial adverse effect on the financial

circumstances of the provider; and

(c) the likely impact of a failure to make the determination on

the quantity and quality of the content provided on the online

content services provided by the provider; and

(d) such other matters (if any) as the ACMA considers relevant.

Small online content service

(7) For the purposes of this clause, in determining whether an online

content service is a small online content service, the ACMA must

have regard to:

(a) if the service has accounts for end-users—the number of

accounts that are held by end-users who are ordinarily

resident in Australia; and

(b) if the service does not have accounts for end-users—the

number of end-users who are ordinarily resident in Australia;

and

(c) such other matters (if any) as the ACMA considers relevant.

(8) For the purposes of paragraphs (7)(a) and (b), the ACMA may

make such assumptions and estimates as the ACMA considers

reasonable.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 1 Online content service provider rules relating to gambling promotional

content

Clause 16

258 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(9) The ACMA may publish on the ACMA’s website a statement that

explains the ACMA’s approach to the administration of

subclauses (7) and (8).

(10) A statement under subclause (9) is not a legislative instrument.

Other matters

(11) A determination under this clause may be:

(a) unconditional; or

(b) subject to such conditions (if any) as are specified in the

determination.

(12) If the ACMA makes a determination under subclause (1), (2), (3)

or (4), the ACMA must publish a copy of the determination on the

ACMA’s website.

(13) Subsection 13(3) of the Legislation Act 2003 does not apply to

subclause (1), (2), (3) or (4).

(14) A determination made under subclause (1), (2), (3) or (4) is not a

legislative instrument.

16 Class exemptions from online content service provider rules

(1) The ACMA may, by legislative instrument, determine that online

content services included in a specified class of online content

services are exempt from online content service provider rules

made for the purposes of subclause 13(1) or (2).

(2) The ACMA may, by legislative instrument, determine that online

content services included in a specified class of online content

services are exempt from one or more specified provisions of

online content service provider rules made for the purposes of

subclause 13(1) or (2).

(3) The ACMA may, by legislative instrument, determine that online

content service providers included in a specified class of online

content service providers are exempt from online content service

provider rules made for the purposes of subclause 13(1) or (2).

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Online content service provider rules relating to gambling promotional content

Division 1

Clause 16

Broadcasting Services Act 1992 259

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) The ACMA may, by legislative instrument, determine that online

content service providers included in a specified class of online

content service providers are exempt from one or more specified

provisions of online content service provider rules made for the

purposes of subclause 13(1) or (2).

(5) A determination under this clause may be:

(a) unconditional; or

(b) subject to such conditions (if any) as are specified in the

determination.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 2 Interpretive provisions

Clause 17

260 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

(1) For the purposes of the application of this Schedule to a sporting

event, if content that consists of live coverage of the sporting event

is, or is to be, provided on a distinct part of an online content

service (the overall online content service):

(a) that part is taken to be an online content service in its own

right; and

(b) that part is taken not to be included in the overall online

content service.

(2) For the purposes of subclause (1), it is immaterial whether:

(a) gambling promotional content; or

(b) any other content;

is, or is to be, provided on that part.

18 Gambling service

For the purposes of this Schedule, gambling service means:

(a) a service for the placing, making, receiving or acceptance of

bets; or

(b) a service the sole or dominant purpose of which is to

introduce individuals who wish to make or place bets to

individuals who are willing to receive or accept those bets; or

(c) a service for the conduct of a lottery; or

(d) a service for the supply of lottery tickets; or

(e) a service for the conduct of a game, where:

(i) the game is played for money or anything else of value;

and

(ii) the game is a game of chance or of mixed chance and

skill; and

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Interpretive provisions Division 2

Clause 19

Broadcasting Services Act 1992 261

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(iii) a customer of the service gives or agrees to give

consideration to play or enter the game; or

(f) a gambling service (within the ordinary meaning of that

expression) that is not covered by any of the above

paragraphs.

19 Sporting event

(1) Each of the following is taken to be a sporting event for the

purposes of this Schedule:

(a) the Summer Olympic Games;

(b) the Winter Olympic Games;

(c) the Commonwealth Games;

(d) any similar games.

(2) The online content service provider rules may provide that a

specified thing is taken to be a sporting event for the purposes of

this Schedule.

(3) The online content service provider rules may provide that a

specified thing is taken not to be a sporting event for the purposes

of this Schedule.

(4) The following are examples of things that may be specified in the

online content service provider rules made for the purposes of

subclause (2) or (3):

(a) a match;

(b) a series of matches;

(c) a race;

(d) a series of races;

(e) a stage;

(f) a time trial;

(g) a qualification session;

(h) a tournament;

(i) a round.

(5) For the purposes of this clause, thing includes a series of things.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 2 Interpretive provisions

Clause 20

262 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

20 Live coverage of a sporting event

For the purposes of this Schedule, if:

(a) content that consists of live coverage of a sporting event is

provided on an online content service; and

(b) there is an unscheduled break in the sporting event;

any content provided on the service during the break is taken to be

content that consists of live coverage of the sporting event.

21 Gambling promotional content provided in conjunction with live

coverage of a sporting event

(1) For the purposes of this Schedule, gambling promotional content

(other than a commentator betting odds promotion or a

representative venue-based promotion) is provided on an online

content service in conjunction with live coverage of a sporting

event if, and only if, the content is provided on the service during

the period:

(a) beginning 5 minutes before the scheduled start of the

sporting event; and

(b) ending 5 minutes after the conclusion of the sporting event.

(2) However, if coverage of the sporting event is delayed, this clause

has effect as if there were a corresponding delay to the period

mentioned in subclause (1).

(3) For the purposes of this Schedule, gambling promotional content

that consists of a commentator betting odds promotion or a

representative venue-based promotion is provided on an online

content service in conjunction with live coverage of a sporting

event if, and only if, the promotion is provided on the service

during the period:

(a) beginning 30 minutes before the scheduled start of the

sporting event; and

(b) ending 30 minutes after the conclusion of the sporting event.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Interpretive provisions Division 2

Clause 22

Broadcasting Services Act 1992 263

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) However, if coverage of the sporting event is delayed, this clause

has effect as if there were a corresponding delay to the period

mentioned in subclause (3).

22 Scheduled start of a sporting event

The online content service provider rules may provide that, for the

purposes of the application of this Schedule to a specified sporting

event, scheduled start has the meaning given by the online content

service provider rules.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

23 Conclusion of a sporting event

The online content service provider rules may provide that, for the

purposes of the application of this Schedule to a specified sporting

event, conclusion has the meaning given by the online content

service provider rules.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 4 Complaints

Clause 24

264 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Complaints

24 Complaints to ACMA—online content service provider rules

(1) If a person has reason to believe that an online content service

provider has contravened the online content service provider rules,

the person may make a complaint to the ACMA about the matter.

(2) The ACMA may conduct an investigation into the complaint if it

thinks that it is desirable to do so, but is not required to conduct an

investigation.

Note: One of the ACMA’s functions is to monitor compliance with the

online content service provider rules.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Enforcement Part 5

Clause 25

Broadcasting Services Act 1992 265

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Enforcement

25 Compliance with the online content service provider rules

(1) An online content service provider must not contravene the online

content service provider rules.

Civil penalty provision

(2) Subclause (1) is a civil penalty provision.

(3) An online content service provider who contravenes subclause (1)

commits a separate contravention of that subclause in respect of

each day (including a day of the making of a relevant civil penalty

order or any subsequent day) during which the contravention

continues.

Designated infringement notice provision

(4) Subclause (1) is a designated infringement notice provision.

26 Remedial directions—breach of the online content service

provider rules

Scope

(1) This clause applies if an online content service provider has

contravened, or is contravening, the online content service provider

rules.

Remedial directions

(2) The ACMA may give the provider a written direction requiring the

provider to take specified action directed towards ensuring that the

provider does not contravene the online content service provider

rules, or is unlikely to contravene the online content service

provider rules, in the future.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 5 Enforcement

Clause 26

266 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(3) The following are examples of the kinds of direction that may be

given to an online content service provider under subclause (2):

(a) a direction that the provider implement effective

administrative systems for monitoring compliance with the

online content service provider rules;

(b) a direction that the provider implement a system designed to

give the provider’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of the online content service provider rules, in so far as those

requirements affect the employees, agents or contractors

concerned.

(4) An online content service provider must not contravene a direction

under subclause (2).

Civil penalty provision

(5) Subclause (4) is a civil penalty provision.

(6) An online content service provider who contravenes subclause (4)

commits a separate contravention of that subclause in respect of

each day (including a day of the making of a relevant civil penalty

order or any subsequent day) during which the contravention

continues.

Notice

(7) For the purposes of this Act and the Australian Communications

and Media Authority Act 2005, a direction under subclause (2) is

taken to be a notice under this Schedule.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Miscellaneous Part 6

Clause 27

Broadcasting Services Act 1992 267

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 6—Miscellaneous

27 Minister may direct the ACMA about the exercise of its powers

(1) The Minister may, by legislative instrument, give the ACMA a

direction about the exercise of the powers conferred on the ACMA

by this Schedule (other than Part 4 or 5).

(2) The ACMA must comply with a direction under subclause (1).

28 Service of notices by electronic means

Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act

1999 do not apply to:

(a) a notice under this Schedule; or

(b) a notice under any other provision of this Act, so far as that

provision relates to this Schedule.

Note: Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999

deal with the consent of the recipient of information to the information

being given by way of electronic communication.

29 Service of summons, process or notice on corporations

incorporated outside Australia

Scope

(1) This clause applies to:

(a) a summons or process in any proceedings under, or

connected with, this Schedule; or

(b) a notice under this Schedule; or

(c) a notice under any other provision of this Act, so far as that

provision relates to this Schedule;

where:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 6 Miscellaneous

Clause 30

268 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) the summons, process or notice, as the case may be, is

required to be served on, or given to, a body corporate

incorporated outside Australia; and

(e) the body corporate does not have a registered office or a

principal office in Australia; and

(f) the body corporate has an agent in Australia.

Service

(2) The summons, process or notice, as the case may be, is taken to

have been served on, or given to, the body corporate if it is served

on, or given to, the agent.

(3) Subclause (2) has effect in addition to section 28A of the Acts

Interpretation Act 1901.

Note: Section 28A of the Acts Interpretation Act 1901 deals with the service

of documents.

30 This Schedule does not limit Schedule 5 or 7

This Schedule does not limit the operation of Schedule 5 or 7.

31 Schedule 5 or 7 does not limit this Schedule

Schedule 5 or 7 does not limit the operation of this Schedule.

32 Implied freedom of political communication

(1) The provisions of:

(a) this Schedule; and

(b) the online content service provider rules;

have no effect to the extent (if any) that their operation would

infringe any constitutional doctrine of implied freedom of political

communication.

(2) Subclause (1) does not limit the application of section 15A of the

Acts Interpretation Act 1901 to this Act.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Miscellaneous Part 6

Clause 33

Broadcasting Services Act 1992 269

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

33 Acquisition of property

The provisions of:

(a) this Schedule; and

(b) the online content service provider rules;

have no effect to the extent (if any) to which their operation would

result in an acquisition of property (within the meaning of

paragraph 51(xxxi) of the Constitution) from a person otherwise

than on just terms (within the meaning of that paragraph).

34 Concurrent operation of State and Territory laws

It is the intention of the Parliament that this Schedule is not to

apply to the exclusion of a law of a State or Territory to the extent

to which that law is capable of operating concurrently with this

Schedule.

35 Schedule not to affect performance of State or Territory

functions

A power conferred by this Schedule must not be exercised in such

a way as to prevent the exercise of the powers, or the performance

of the functions, of government of a State, the Northern Territory

or the Australian Capital Territory.

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 1—About the endnotes

270 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 1—About the endnotes

Broadcasting Services Act 1992 271

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 2—Abbreviation key

272 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 273

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Act 1992

110, 1992 14 July 1992 ss. 4, 5, 7–92 and 117–

218: 5 Oct 1992 (see

Gazette 1992, No.

GN38)

Remainder: Royal

Assent

Act No 105,

1992

Radiocommunications

(Transitional Provisions

and Consequential

Amendments) Act 1992

167, 1992 11 Dec 1992 1 July 1993 —

Broadcasting Services

(Subscription Television

Broadcasting)

Amendment Act 1992

171, 1992 11 Dec 1992 11 Dec 1992 —

Transport and

Communications

Legislation Amendment

Act (No. 3) 1992

216, 1992 24 Dec 1992 s 11–13, 15–18 and

20: 24 Dec 1992 (s

2(1))

s 14 and 19: 24 June

1993 (s 2(6), (10))

Tobacco Advertising

Prohibition Act 1992

218, 1992 24 Dec 1992 s 37: 1 July 1993 (s

2(3))

Broadcasting Services

Amendment Act 1993

1, 1993 14 May 1993 14 May 1993 —

Broadcasting Services

Amendment Act (No. 2)

1993

2, 1993 14 May 1993 14 May 1993 —

Communications and the

Arts Legislation

Amendment Act (No. 1)

1995

32, 1995 12 Apr 1995 Sch (items 6–51): 12

Apr 1995 (s 2(1))

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

274 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Competition Policy

Reform Act 1995

88, 1995 20 July 1995 Sch 3: 6 Nov 1995 (s

2(2) and gaz 1995,

No S423)

Broadcasting Services

Amendment Act 1995

139, 1995 8 Dec 1995 ss. 1, 2, 8, 9, 12(1), 13

and 14: Royal Assent

Remainder: 5 Jan 1996

ss. 3(2) and 14–

16

Telecommunications

(Transitional Provisions

and Consequential

Amendments) Act 1997

59, 1997 3 May 1997 Sch 1 (items 7–12):

1 July 1997 (s 2(2)(d))

Sch 1 (items 13, 14):

7 July 1997 (s 2(5))

Broadcasting Services

Amendment Act 1997

115, 1997 7 July 1997 7 July 1997 (s 2) Sch 1 (item 5)

Communications

Legislation Amendment

Act (No. 1) 1997

119, 1997 7 July 1997 4 Aug 1997 —

Broadcasting Services

Legislation Amendment

Act 1997

143, 1997 8 Oct 1997 8 Oct 1997 Sch. 1 (items 8,

9)

Audit (Transitional and

Miscellaneous)

Amendment Act 1997

152, 1997 24 Oct 1997 Sch 2 (items 597–

604): 1 Jan 1998 (s

2(2))

Broadcasting Services

Amendment Act (No. 2)

1997

180, 1997 27 Nov 1997 25 Dec 1997 —

Financial Sector Reform

(Consequential

Amendments) Act 1998

48, 1998 29 June 1998 Sch 1 (item 24): 1 July

1998 (s 2(2))

Television Broadcasting

Services (Digital

Conversion) Act 1998

99, 1998 27 July 1998 27 July 1998 Sch. 1 (item 7)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 275

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Amendment (Online

Services) Act 1999

90, 1999 16 July 1999 16 July 1999 —

Broadcasting Services

Amendment Act (No. 2)

1999

122, 1999 13 Oct 1999 13 Oct 1999 —

Public Employment

(Consequential and

Transitional)

Amendment Act 1999

146, 1999 11 Nov 1999 Sch 1 (items 282,

283): 5 Dec 1999 (s

2(1), (2))

Corporate Law

Economic Reform

Program Act 1999

156, 1999 24 Nov 1999 Sch 10 (item 68): 13

Mar 2000 (s 2(2)(c)

and gaz 2000, No

S114)

Broadcasting Services

Amendment Act (No. 1)

1999

197, 1999 23 Dec 1999 Sch 1, Sch 3 (items 1–

11) and Sch 4: 23 Dec

1999 (s 2(1))

Sch 2: 20 Jan 2000 (s

2(2))

Sch 3 (items 14–19): 4

Mar 2001 (s 2(3))

Sch 3 (items 10,

11, 19)

Broadcasting Services

Amendment Act (No. 3)

1999

198, 1999 23 Dec 1999 Sch 1 (items 6–19):

1 July 2000 (s 2(2))

Sch 1 (items 20, 22):

1 July 2001 (s 2(3))

Sch 1 (item 21): never

commenced (s 2(3)

and s 2(3)(a) of Act

No. 5, 2001)

Remainder: 23 Dec

1999 (s 2(1))

Sch 1 (items 5,

19, 22)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

276 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Amendment (Digital

Television and

Datacasting) Act 2000

108, 2000 3 Aug 2000 Schedule 1 (items 75,

137, 137A, 142, 143):

Royal Assent

Schedule 1

(items 134A–134D,

136A, 136B, 136D–

136J, 139A, 139D,

139E): 3 Feb 2001

Remainder: 1 Jan 2001

(see Gazette 2000, No.

GN50)

Sch. 1

(items 141–145)

Criminal Code

Amendment (Theft,

Fraud, Bribery and

Related Offences) Act

2000

137, 2000 24 Nov 2000 Sch 2 (items 126, 127,

418, 419): 24 May

2001 (s 2(3))

Sch 2

(items 418, 419)

Broadcasting Services

Amendment Act 2000

172, 2000 21 Dec 2000 Sch 1 (items 2–26,

36): 21 Dec 2000 (s

2(1))

Sch 2 (items 1–6): 1

Jan 2001 (s 2(2))

Sch 1 (item 36)

Communications and the

Arts Legislation

Amendment

(Application of Criminal

Code) Act 2001

5, 2001 20 Mar 2001 s 4 and Sch 1

(items 18–26, 28–38):

24 May 2001 (s

2(1)(a))

Sch 1 (item 27): 1 July

2001 (s 2(3)(b))

s 4

Classification

(Publications, Films and

Computer Games)

Amendment Act (No. 1)

2001

13, 2001 22 Mar 2001 22 Mar 2002 —

Broadcasting Legislation

Amendment Act 2001

23, 2001 6 Apr 2001 6 Apr 2001 —

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 277

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations (Repeals,

Consequentials and

Transitionals) Act 2001

55, 2001 28 June 2001 s 4–14 and Sch 3

(items 88–93): 15 July

2001 (s 2(1), (3))

s 4–14

Broadcasting Legislation

Amendment Act (No. 2)

2001

92, 2001 20 July 2001 20 July 2001 ss. 4 and 5

Financial Sector

(Collection of Data—

Consequential and

Transitional Provisions)

Act 2001

121, 2001 24 Sept 2001 ss. 1–3: Royal Assent

Remainder: 1 July

2002 (see s. 2(2) and

Gazette 2002, No.

GN24)

Broadcasting Legislation

Amendment Act (No. 2)

2002

120, 2002 2 Dec 2002 Schedules 1 and 2:

30 Dec 2002

Remainder: Royal

Assent

Sch. 1 (item 16)

and Sch. 2

(items 11, 12)

Broadcasting Legislation

Amendment Act (No. 1)

2002

126, 2002 10 Dec 2002 10 Dec 2002 —

Broadcasting Legislation

Amendment Act (No. 1)

2003

4, 2003 26 Feb 2003 26 Feb 2003 —

Therapeutic Goods

Amendment Act (No. 1)

2003

39, 2003 27 May 2003 Schedule 2: 27 Nov

2003

Sch. 2 (item 3)

Communications

Legislation Amendment

Act (No. 3) 2003

108, 2003 24 Oct 2003 Schedule 1 (items 1–

7): 12 Dec 2003 (see

Gazette 2003, No.

GN49)

Schedule 1 (items 25–

48): 21 Nov 2003

Remainder: Royal

Assent

Sch. 1 (item 24)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

278 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Classification

(Publications, Films and

Computer Games)

Amendment Act 2004

61, 2004 26 May 2004 Schedules 1 and 2:

26 May 2005

Remainder: Royal

Assent

Sch. 2

(items 30–32)

US Free Trade

Agreement

Implementation Act

2004

120, 2004 16 Aug 2004 Schedule 10: Royal

Assent

Crimes Legislation

Amendment

(Telecommunications

Offences and Other

Measures) Act (No. 2)

2004

127, 2004 31 Aug 2004 Schedule 1 (item 2):

1 Mar 2005

Financial Framework

Legislation Amendment

Act 2005

8, 2005 22 Feb 2005 s. 4 and Schedule 1

(items 109, 496):

Royal Assent

s. 4 and Sch. 1

(item 496)

Broadcasting Services

Amendment

(Anti-Siphoning) Act

2005

43, 2005 1 Apr 2005 2 Apr 2005 Sch. 1 (item 2)

Australian

Communications and

Media Authority

(Consequential and

Transitional Provisions)

Act 2005

45, 2005 1 Apr 2005 Sch 1 (items 6–58),

Sch 2 and 4: 1 July

2005 (s 2(1) items 2,

3, 10)

Sch 4

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 279

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

as amended by

Omnibus Repeal Day

(Autumn 2014) Act

2014

109, 2014 16 Oct 2014 Sch 2 (items 177–

181): 17 Oct 2014

(s 2(1) item 2)

Broadcasting Services

Amendment

(Subscription Television

Drama and Community

Broadcasting Licences)

Act 2006

71, 2006 23 June 2006 Schedule 1: 1 Jan 2006

Remainder: Royal

Assent

Sch. 1 (item 62)

Communications

Legislation Amendment

(Enforcement Powers)

Act 2006

120, 2006 4 Nov 2006 Schedule 1: 4 Feb

2007

Remainder: Royal

Assent

Sch. 1

(items 53, 54)

Broadcasting Legislation

Amendment Act (No. 1)

2006

127, 2006 4 Nov 2006 5 Nov 2006 —

Broadcasting Legislation

Amendment (Digital

Television) Act 2006

128, 2006 4 Nov 2006 Schedule 1 (items 1–

20, 28, 28A): 5 Nov

2006

Schedule 2 (items 1A,

1–88, 88A, 93, 93A–

93E): 1 Jan 2007

Schedule 2A (items 1–

27): 4 May 2007

Schedule 3 (items 1–

16): 1 Jan 2009

Sch. 1

(items 28, 28A)

and Sch. 2

(items 93, 93A–

93E)

as amended by

Statute Law Revision

Act 2008

73, 2008 3 July 2008 Sch 2 (item 2): 4 May

2007 (s 2(1) item 45)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

280 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Amendment (Media

Ownership) Act 2006

129, 2006 4 Nov 2006 Schedule 1: 1 Feb

2007

Schedule 2: 4 Apr

2007 (see

F2007L00837)

Schedule 3: 1 Jan 2009

Remainder: Royal

Assent

Broadcasting Services

Amendment (Collection

of Datacasting

Transmitter Licence

Fees) Act 2006

153, 2006 8 Dec 2006 1 Jan 2007 —

Statute Law Revision

Act 2007

8, 2007 15 Mar 2007 Sch 1 (item 2): 15 Mar

2007 (s 2(1) item 3)

Classification

(Publications, Films and

Computer Games)

Amendment Act 2007

27, 2007 15 Mar 2007 Sch 1 (items 1–3, 16,

17): 1 July 2007 (s

2(1) item 2)

Sch 1 (items 16,

17)

Broadcasting Legislation

Amendment Act 2007

28, 2007 15 Mar 2007 Sch 1 (items 1, 2): 15

Mar 2007 (s 2)

Broadcasting Legislation

Amendment (Digital

Radio) Act 2007

68, 2007 28 May 2007 Sch 1 (items 1–118,

183–185): 29 May

2007 (s 2(1) item 2)

Sch 1

(items 183–185)

Communications

Legislation Amendment

(Content Services) Act

2007

124, 2007 20 July 2007 Sch 1 (items 8–77,

100–104): 20 Jan 2008

(s 2(1) item 2)

Sch 1 (items 106,

107): 20 July 2007 (s

2(1) item 3)

Sch 2 (item 1): 20 July

2008 (s 2(1) item 4)

Sch 1

(items 100–104,

106, 107)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 281

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Communications

Legislation Amendment

(Miscellaneous

Measures) Act 2008

72, 2008 3 July 2008 Sch 1: 4 July 2008 (s

2(1) item 2)

Sch 1 (item 5)

Statute Law Revision

Act 2008

73, 2008 3 July 2008 Sch 1 (items 15, 16):

3 July 2008 (s 2(1)

item 10)

Broadcasting Legislation

Amendment (Digital

Radio) Act 2008

114, 2008 31 Oct 2008 Sch 1 (items 1–3): 1

Nov 2008 (s 2)

Same-Sex Relationships

(Equal Treatment in

Commonwealth Laws—

General Law Reform)

Act 2008

144, 2008 9 Dec 2008 Sch 3 (items 3–10): 10

Dec 2008 (s 2(1)

item 12)

Sch 3 (item 10)

Broadcasting Legislation

Amendment (Digital

Television Switch-over)

Act 2008

158, 2008 18 Dec 2008 Sch 1: 19 Dec 2008 (s

2(1) item 2)

Sch 2: 16 Feb 2009 (s

2(1) item 3)

Sch 2 (items 21,

22)

Statute Stocktake

(Regulatory and Other

Laws) Act 2009

111, 2009 16 Nov 2009 Sch 1 (items 2–6): 17

Nov 2009 (s 2)

Statute Law Revision

Act 2010

8, 2010 1 Mar 2010 Sch 1 (Broadcasting

Services Act 1992,

Note) and Sch 5

(items 15–26, 137,

138): 1 Mar 2010 (s

2(1) items 2, 31, 38)

Sch 5

(item 138)

Broadcasting Legislation

Amendment (Digital

Television) Act 2010

94, 2010 29 June 2010 Sch 1 (items 1–134):

30 June 2010 (s 2(1)

item 2)

Sch 1

(item 134)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

282 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

as amended by

Statute Law Revision

Act 2011

5, 2011 22 Mar 2011 Sch 2 (item 1):

30 June 2010 (s 2(1)

item 3)

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 2) 2010

103, 2010 13 July 2010 Sch 6 (items 1, 40–

48): 1 Jan 2011 (s 2(1)

items 3–5)

Statute Law Revision

Act 2011

5, 2011 22 Mar 2011 Sch 1 (item 10): 22

Mar 2011 (s 2(1)

item 2)

Broadcasting Legislation

Amendment (Digital

Dividend and Other

Measures) Act 2011

36, 2011 26 May 2011 Sch 1 (items 1–28),

Sch 2 (items 2–60) and

Sch 3: 27 May 2011 (s

2(1) item 2)

Sch 3

Acts Interpretation

Amendment Act 2011

46, 2011 27 June 2011 Sch 2 (items 293–313)

and Sch 3 (items 10,

11): 27 Dec 2011 (s

2(1) items 3, 12)

Sch 3 (items 10,

11)

Broadcasting Services

Amendment (Review of

Future Uses of

Broadcasting Services

Bands Spectrum) Act

2011

177, 2011 5 Dec 2011 6 Dec 2011 (s 2) —

Broadcasting Services

Amendment (Regional

Commercial Radio) Act

2012

34, 2012 15 Apr 2012 Sch 1: 16 Apr 2012 (s

2(1) item 2)

Sch 2: 15 Oct 2012 (s

2(1) item 3)

Sch 1 (item 16)

and Sch 2

(item 13)

Broadcasting Services

Amendment (Improved

Access to Television

Services) Act 2012

83, 2012 28 June 2012 Sch 1: 29 June 2012 (s

2(1) item 2)

Sch 1

(items 14–16)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 283

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Amendment (Digital

Television) Act 2012

88, 2012 28 June 2012 29 June 2012 (s 2) Sch 1 (items 8,

14)

Classification

(Publications, Films and

Computer Games)

Amendment (R 18+

Computer Games) Act

2012

103, 2012 6 July 2012 Sch 1 (item 5): 1 Jan

2013 (s 2)

Statute Law Revision

Act 2012

136, 2012 22 Sept 2012 Sch 1 (items 21–24):

22 Sept 2012 (s 2(1)

item 2)

Australian Charities and

Not-for-profits

Commission

(Consequential and

Transitional) Act 2012

169, 2012 3 Dec 2012 Sch 2 (items 153,

154): 3 Dec 2012 (s

2(1))

Sch 4 (item 12): never

commenced (s 2(1)

item 14)

Federal Circuit Court of

Australia (Consequential

Amendments) Act 2013

13, 2013 14 Mar 2013 Sch 1 (items 58, 59)

and Sch 4: 12 Apr

2013 (s 2(1) items 2,

22)

Sch 4

Broadcasting Legislation

Amendment

(Convergence Review

and Other Measures) Act

2013

29, 2013 30 Mar 2013 Sch 1 (items 1–14): 31

Mar 2013 (s 2(1)

item 2)

Sch 1

(items 12–14)

Broadcasting Legislation

Amendment (Digital

Dividend) Act 2013

51, 2013 28 May 2013 Sch 1 (items 1–10):

1 Oct 2013 (s 2(2))

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

284 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Sex Discrimination

Amendment (Sexual

Orientation, Gender

Identity and Intersex

Status) Act 2013

98, 2013 28 June 2013 Sch 1 (items 63A,

63B): 1 Aug 2013 (s

2(1) item 2)

Statute Law Revision

Act 2013

103, 2013 29 June 2013 Sch 1 (items 24–28)

and Sch 3 (items 34–

66, 343): 29 June 2013

(s 2(1) items 2, 16)

Sch 3

(item 343)

Statute Law Revision

Act (No. 1) 2014

31, 2014 27 May 2014 Sch 1 (item 9), Sch 4

(items 11–23, 61) and

Sch 8 (item 9):

24 June 2014

Classification

(Publications, Films and

Computer Games)

Amendment

(Classification Tools and

Other Measures) Act

2014

99, 2014 11 Sept 2014 Sch 6 (items 29–40):

12 Sept 2014 (s 2(1)

item 8)

Sch 6

(items 31–40)

Omnibus Repeal Day

(Autumn 2014) Act 2014

109, 2014 16 Oct 2014 Sch 2 (items 6–16, 24,

83–85, 106–111, 182,

183, 208–224): 17 Oct

2014 (s 2(1) item 2)

Sch 2 (items 24,

214, 216, 218)

Statute Law Revision

Act (No. 1) 2015

5, 2015 25 Feb 2015 Sch 1 (item 9), Sch 5

(items 1, 2): 25 Mar

2015 (s 2(1) items 2,

10)

Acts and Instruments

(Framework Reform)

Act 2015

10, 2015 5 Mar 2015 Sch 3 (items 15–66): 5

Mar 2016 (s 2(1)

item 2)

Sch 3

(items 348, 349)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 285

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting and Other

Legislation Amendment

(Deregulation) Act 2015

22, 2015 19 Mar 2015 Sch 1 (items 2–9) and

Sch 3–9: 20 Mar 2015

(s 2(1) items 2, 4)

Sch 2 (items 2–133,

164, 165): 19 Mar

2015 (s 2(1) item 3)

Sch 2

(items 164,

165), Sch 3

(item 5), Sch 5

(item 4), Sch 6

(items 17, 18)

and Sch 8

(item 3)

as amended by

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb 2016 Sch 2 (items 1, 2): 20

Mar 2015 (s 2(1)

item 3)

Enhancing Online Safety

for Children

(Consequential

Amendments) Act 2015

25, 2015 24 Mar 2015 Sch 1 and Sch 3:

1 July 2015 (s 2(1)

items 2, 3, 6)

Sch 3

Norfolk Island

Legislation Amendment

Act 2015

59, 2015 26 May 2015 Sch 2 (items 77, 78):

1 July 2016 (s 2(1)

item 5)

Sch 2 (items 356–

396): 18 June 2015 (s

2(1) item 6)

Sch 2

(items 356–396)

as amended by

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar 2016 Sch 2: 24 Mar 2016 (s

2(1) item 2)

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept 2015 Sch 1 (items 82–93): 5

Mar 2016 (s 2(1)

item 2)

Broadcasting Legislation

Amendment (Primary

Television Broadcasting

Service) Act 2015

127, 2015 16 Sept 2015 17 Sept 2015 (s 2(1)

item 1)

Sch 1 (item 28)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

286 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb 2016 Sch 4 (items 1, 34–

42): 10 Mar 2016 (s

2(1) item 6)

Broadcasting Legislation

Amendment (Digital

Radio) Act 2016

14, 2016 29 Feb 2016 Sch 1 (items 1–43),

Sch 2, Sch 3 (items 1–

7) and Sch 5 (item 1):

1 Mar 2016 (s 2(1)

item 1)

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar 2016 Sch 5 (item 21): 1 July

2016 (s 2(1) item 7)

Enhancing Online Safety

for Children Amendment

Act 2017

51, 2017 22 June 2017 Sch 1 (items 30–32,

48, 49, 51): 23 June

2017 (s 2(1) item 1)

Sch 1 (items 48,

49, 51)

Statute Update (Winter

2017) Act 2017

93, 2017 23 Aug 2017 Sch 1 (item 5): 20 Sept

2017 (s 2(1) item 2)

Electoral and Other

Legislation Amendment

Act 2017

99, 2017 14 Sept 2017 Sch 1 (items 53–60):

14 Mar 2018 (s 2(1)

item 2)

Broadcasting Legislation

Amendment

(Broadcasting Reform)

Act 2017

113, 2017 16 Oct 2017 Sch 1, Sch 2, Sch 3

(items 1, 2), Sch 4

(items 1–8, 10), Sch 5

(items 14–19, 22–25),

Sch 6 (items 3–8, 38–

42) and Sch 7: 17 Oct

2017 (s 2(1) items 2,

3, 5, 12, 13, 15, 16)

Sch 3 (items 3, 4):

17 Apr 2018 (s 2(1)

item 4)

Sch 3 (item 4),

Sch 4 (item 10),

Sch 5

(items 22–25)

and Sch 6

(items 38–42)

Therapeutic Goods

Amendment (2017

Measures No. 1) Act

2018

7, 2018 5 Mar 2018 Sch 6 (items 52–58,

65): 1 July 2020

(s 2(1) item 6)

Sch 6 (item 65)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 287

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Legislation

Amendment (Digital

Radio) Act 2018

11, 2018 5 Mar 2018 Sch 1 (items 1, 15):

5 Mar 2018 (s 2(1)

item 1)

Sch 1 (item 15)

Communications

Legislation Amendment

(Online Content Services

and Other Measures) Act

2018

28, 2018 11 Apr 2018 Sch 1 (items 3–22):

12 Apr 2018 (s 2(1)

item 1)

Communications

Legislation Amendment

(Regional and Small

Publishers Innovation

Fund) Act 2018

43, 2018 19 June 2018 20 June 2018 (s 2(1)

item 1)

Broadcasting Legislation

Amendment (Foreign

Media Ownership,

Community Radio and

Other Measures) Act

2018

95, 2018 31 Aug 2018 Sch 1 (items 2–10),

Sch 2 and 3: 1 Sept

2018 (s 2(1) item 1)

Sch 2 (item 3)

Enhancing Online Safety

(Non-consensual Sharing

of Intimate Images) Act

2018

96, 2018 31 Aug 2018 Sch 1 (item 1): 1 Sept

2018 (s 2(1) item 1)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

288 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnote 4—Amendment history

Provision affected How affected

Title ...............................................am No 115, 1997; No 90, 1999; No 108, 2000; No 124, 2007

Part 1

s 3 ..................................................am No 90, 1999; Nos 108 and 172, 2000; No 129, 2006; No 124, 2007;

No 8, 2010; No 28, 2018

s 4 ..................................................am No 90, 1999; Nos 108 and 172, 2000; No 45, 2005; No 124, 2007;

No 8, 2010; No 28, 2018

s 5 ..................................................am No 90, 1999; No 108, 2000; No 45, 2005; No 124, 2007; No 8,

2010; No 28, 2018

s 6 ..................................................am No 167, 1992; No 216, 1992; No 1, 1993; No 32, 1995; No 59,

1997; No 119, 1997; No 198, 1999; No 108, 2000; No 137, 2000; No

172, 2000; No 120, 2002; No 45, 2005; No 120, 2006; No 128, 2006;

No 129, 2006; No 68, 2007; No 124, 2007; No 144, 2008; No 158,

2008; No 94, 2010; No 36, 2011; No 46, 2011; Nos 34, 2012; No 169,

2012; No 13, 2013; No 31, 2014; No 109, 2014; No 5, 2015; No 10,

2015; No 22, 2015; No 25, 2015; No 14, 2016; No 51, 2017; No 113,

2017; No 28, 2018

s 7 ..................................................am No 108, 2000

s 8A................................................ad No 108, 2000

s 8AA.............................................ad No 68, 2007

s 8AB.............................................ad No 68, 2007

s 8AC.............................................ad No 68, 2007

am No 114, 2008; No 8, 2010; No 14, 2016; No 11, 2018

s 8AD.............................................ad No 68, 2007

s 8AE .............................................ad No 94, 2010

rep No 22, 2015

s 8AF .............................................ad No 34, 2012

s 8B................................................ad No 120, 2002

am No 45, 2005; No 103, 2013

s 10AA...........................................ad No 33, 2016

s 10A..............................................ad No 5, 2001

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 289

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Part 2

s 11 ................................................am No 172, 2000

s 11A..............................................ad No 172, 2000

s 12 ................................................am No 172, 2000

s 13 ................................................am No 10, 2015

s 14 ................................................am No 94, 2010

s 17 ................................................am No 216, 1992

s 18 ................................................am No 216, 1992; No 108, 2000; No 128, 2006; No 68, 2007

s 18A..............................................ad No 172, 2000

am No 103, 2013

s 19 ................................................am No 172, 2000; No 45, 2005; No 10, 2015

s 20 ................................................rep No 10, 2015

s 21 ................................................am No 172, 2000; No 45, 2005

s 22 ................................................am No 45, 2005

Part 3

s 23 ................................................am No 45, 2005

s 24 ................................................am No 45, 2005

rep No 22, 2015

s 25 ................................................am No 167, 1992; No 45, 2005; No 68, 2007

rep No 22, 2015

s 26 ................................................am No 45, 2005; No 128, 2006; No 68, 2007; No 36, 2011; No 29,

2013; No 22, 2015

s 26A..............................................ad No 128, 2006

am No 128, 2006; No 36, 2011

rep No 22, 2015

s 26AA...........................................ad No 36, 2011

s 26B..............................................ad No 128, 2006

am No 128, 2006; No 36, 2011

rep No 22, 2015

s 26C..............................................ad No 68, 2007

am No 14, 2016

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

290 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 26D..............................................ad No 68, 2007

s 27 ................................................am No 45, 2005; No 36, 2011

rep No 22, 2015

s 28 ................................................rs No 99, 1998

am No 108, 2000; No 45, 2005

rep No 128, 2006

s 28A..............................................ad No 99, 1998

am No 108, 2000

rep No 128, 2006

s 29 ................................................am No 119, 1997; No 45, 2005; No 94, 2010; No 36, 2011

s 30 ................................................am No 45, 2005

s 31 ................................................am No 119, 1997; No 45, 2005; No 10, 2015

s 32 ................................................rep No 10, 2015

s 33 ................................................am No 45, 2005

s 34 ................................................am No 119, 1997; No 99, 1998; No 108, 2000; No 45, 2005; No 51,

2013

s 35 ................................................am No 45, 2005

rep No 22, 2015

s 35A..............................................ad No 128, 2006

am No 158, 2008

rs No 177, 2011

rep No 29, 2013

Part 4

Division 1

Division 1 heading.........................ad No 94, 2010

s 35B..............................................ad No 128, 2006

rep No 29, 2013

s 35C..............................................ad No 68, 2007

rep No 14, 2016

s 35D..............................................ad No 68, 2007

am No 8, 2010

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 291

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 14, 2016

s 36 ................................................am No 45, 2005; No 128, 2006

s 36A..............................................ad No 68, 2007

am No 14, 2016

s 37 ................................................am No 45, 2005; No 94, 2010

s 37A..............................................ad No 29, 2013

s 38 ................................................am No 45, 2005

s 38A..............................................ad No 139, 1995

am No 99, 1998; No 108, 2000; No 45, 2005; No 128, 2006; No 94,

2010; No 22, 2015

s 38B..............................................ad No 108, 2000

am No 92, 2001; No 108, 2003; No 45, 2005; Nos 127 and 128, 2006;

No 94, 2010; No 10, 2015; No 22, 2015

s 38C..............................................ad No 94, 2010

am No 88, 2012; No 136, 2012; No 22, 2015

s 39 ................................................rs No 139, 1995

am No 45, 2005; No 22, 2015

s 40 ................................................am No 45, 2005; No 128, 2006; No 5, 2011

s 41 ................................................am No 108, 2000; No 45, 2005; No 120, 2006

Division 2

Division 2 heading.........................ad No 94, 2010

s 41A..............................................ad No 128, 2006

rep No 22, 2015

s 41B..............................................ad No 128, 2006

am No 94, 2010; No 36, 2011

rep No 22, 2015

s 41C..............................................ad No 128, 2006

am No 94, 2010

rs No 22, 2015

s 41CA...........................................ad No 94, 2010

am No 88, 2012; No 22, 2015; No 127, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

292 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 41D..............................................ad No 68, 2007

am No 14, 2016

Division 3

Division 3 heading.........................ad No 94, 2010

s 42 ................................................am No 94, 2010

s 43 ................................................am No 45, 2005

s 43A..............................................ad No 129, 2006

rep No 113, 2017

s 43AA...........................................ad No 94, 2010

am No 36, 2011; No 22, 2015

s 43AB...........................................ad No 94, 2010

am No 22, 2015

s 43AC...........................................ad No 94, 2010

am No 36, 2011; No 22, 2015

s 43AD...........................................ad No 94, 2010

s 43B..............................................ad No 129, 2006

am No 34, 2012

rep No 34, 2012

s 43C..............................................ad No 129, 2006

am No 34, 2012; No 109, 2014; No 22, 2015

s 43D..............................................ad No 68, 2007

s 44 ................................................am No 45, 2005

Division 4

Division 4 heading.........................ad No 94, 2010

s 45 ................................................am No 94, 2010

s 46 ................................................am No 45, 2005

s 47 ................................................am No 45, 2005

s 49 ................................................am No 45, 2005

Part 5

Part 5 heading ................................rs No 108, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 293

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Division 1

s 50A..............................................ad No 129, 2006

am No 94, 2010

s 51A..............................................ad No 128, 2006

s 52 ................................................am No 45, 2005; No 22, 2015

s 52A..............................................ad No 129, 2006

am No 95, 2018

Division 2

Subdivision A

Subdivision A heading...................ad No 108, 2000

s 53 ................................................am No 113, 2017

Subdivision B

Subdivision B ................................ad No 108, 2000

s 54A..............................................ad No 108, 2000

Subdivision C ................................ad No 68, 2007

rep No 14, 2016

s 54B..............................................ad No 68, 2007

rep No 14, 2016

Division 3

Subdivision A

Subdivision A heading...................ad No 108, 2000

s 55 ................................................am No 113, 2017

Subdivision B

Subdivision B ................................ad No 108, 2000

s 56A..............................................ad No 108, 2000

Division 4 ......................................rep No 129, 2006

s 57 ................................................am No 139, 1995

rep No 129, 2006

s 58 ................................................am No 45, 2005

rep No 129, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

294 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Division 5

Division 5 heading.........................rs No 129, 2006

s 59 ................................................am No 143, 1997; No 45, 2005; No 129, 2006; No 8, 2010

ss 60, 61 .........................................rep No 129, 2006

Division 5A

Division 5A....................................ad No 129, 2006

Subdivision A

s 61AA...........................................ad No 129, 2006

am No 129, 2006; No 94, 2010; No 113, 2017

s 61AB...........................................ad No 129, 2006

s 61AC...........................................ad No 129, 2006

am No 129, 2006; No 22, 2015

s 61AD...........................................ad No 129, 2006

s 61AE ...........................................ad No 129, 2006

am No 22, 2015

s 61AEA ........................................ad No 129, 2006

rep No 113, 2017

s 61AF ...........................................ad No 129, 2006

Subdivision B

s 61AG...........................................ad No 129, 2006

s 61AH...........................................ad No 129, 2006

s 61AJ ............................................ad No 129, 2006

s 61AK...........................................ad No 129, 2006

s 61AL ...........................................ad No 129, 2006

s 61AM ..........................................ad No 129, 2006

Subdivision BA..............................rep No 113, 2017

s 61AMA .......................................ad No 129, 2006

rep No 113, 2017

s 61AMB .......................................ad No 129, 2006

rep No 113, 2017

s 61AMC .......................................ad No 129, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 295

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 113, 2017

s 61AMD .......................................ad No 129, 2006

rep No 113, 2017

s 61AME........................................ad No 129, 2006

rep No 113, 2017

s 61AMF........................................ad No 129, 2006

rep No 113, 2017

Subdivision C

s 61AN...........................................ad No 129, 2006

s 61ANA........................................ad No 129, 2006

rep No 113, 2017

s 61AP ...........................................ad No 129, 2006

am No 113, 2017

s 61AQ...........................................ad No 129, 2006

am No 113, 2017

s 61AR...........................................ad No 129, 2006

am No 113, 2017

Subdivision D

s 61AS ...........................................ad No 129, 2006

am No 8, 2010; No 113, 2017

s 61AT ...........................................ad No 129, 2006

Subdivision E

s 61AU...........................................ad No 129, 2006

am No 8, 2010

s 61AV...........................................ad No 129, 2006

s 61AW..........................................ad No 129, 2006

s 61AX...........................................ad No 129, 2006

s 61AY...........................................ad No 129, 2006

s 61AZ ...........................................ad No 129, 2006

am No 113, 2017

s 61AZA ........................................ad No 129, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

296 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 61AZB.........................................ad No 129, 2006

s 61AZC.........................................ad No 129, 2006

s 61AZCA......................................ad No 129, 2006

s 61AZD ........................................ad No 129, 2006

s 61AZE.........................................ad No 129, 2006

s 61AZF.........................................ad No 129, 2006

s 61AZG ........................................ad No 129, 2006

s 61AZH ........................................ad No 129, 2006

Division 5B

Division 5B....................................ad No 129, 2006

s 61BA...........................................ad No 129, 2006

s 61BB ...........................................ad No 129, 2006

s 61BC ...........................................ad No 129, 2006

am No 8, 2010

s 61BD...........................................ad No 129, 2006

s 61BE ...........................................ad No 129, 2006

s 61BF............................................ad No 129, 2006

am No 4, 2016

s 61BG...........................................ad No 129, 2006

s 61BH...........................................ad No 129, 2006

Division 5C

Division 5C....................................ad No 129, 2006

Subdivision A

s 61CA...........................................ad No 129, 2006

s 61CAA ........................................ad No 34, 2012

s 61CB ...........................................ad No 129, 2006

am No 34, 2012

s 61CC ...........................................ad No 129, 2006

Subdivision B

s 61CD...........................................ad No 129, 2006

am No 34, 2012

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 297

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 61CE ...........................................ad No 129, 2006

Subdivision C

s 61CF............................................ad No 129, 2006

s 61CG...........................................ad No 129, 2006

s 61CH...........................................ad No 129, 2006

s 61CJ ............................................ad No 129, 2006

am No 8, 2010

s 61CK...........................................ad No 129, 2006

s 61CL ...........................................ad No 129, 2006

s 61CM ..........................................ad No 129, 2006

s 61CN...........................................ad No 129, 2006

am No 93, 2017

s 61CP............................................ad No 129, 2006

s 61CPA.........................................ad No 129, 2006

s 61CQ...........................................ad No 129, 2006

Subdivision D

s 61CR ...........................................ad No 129, 2006

s 61CS............................................ad No 129, 2006

s 61CT ...........................................ad No 129, 2006

Division 5D

Division 5D....................................ad No 113, 2017

s 61CU...........................................ad No 113, 2017

am No 95, 2018

s 61CV...........................................ad No 113, 2017

s 61CW..........................................ad No 113, 2017

s 61CX...........................................ad No 113, 2017

am No 95, 2018

s 61CY...........................................ad No 113, 2017

am No 95, 2018

s 61CYA ........................................ad No 95, 2018

s 61CYB ........................................ad No 95, 2018

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

298 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 61CZ ...........................................ad No 113, 2017

s 61CZA.........................................ad No 113, 2017

s 61CZB.........................................ad No 113, 2017

s 61CZC.........................................ad No 113, 2017

s 61CZD.........................................ad No 113, 2017

Division 6

s 62 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,

2007; No 109, 2014

rep No 22, 2015

s 63 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,

2007; No 109, 2014; No 22, 2015; No 14, 2016

s 64 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,

2007; No 109, 2014; No 22, 2015; No 14, 2016

s 65 ................................................am No 32, 1995; No 45, 2005

rs No 129, 2006

rep No 109, 2014

s 65A..............................................ad No 120, 2006

am No 109, 2014; No 22, 2015

s 65B..............................................ad No 120, 2006

am No 109, 2014; No 22, 2015

Division 7

s 66 ................................................am No 32, 1995; No 108, 2000; No 5, 2001; No 45, 2005; No 129,

2006; No 4, 2016

s 67 ................................................am No 45, 2005; No 129, 2006

s 68 ................................................am No 45, 2005

s 69 ................................................am No 32, 1995; No 108, 2000; No 4, 2016

Division 8

Division 8 heading.........................am No 45, 2005

s 70 ................................................am No 45, 2005; No 129, 2006

s 71 ................................................am No 45, 2005

s 72 ................................................am No 32, 1995; No 108, 2000; No 4, 2016

Division 9

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 299

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 73 ................................................rs No 139, 1995; No 99, 1998

am No 108, 2000

s 73A..............................................ad No 108, 2000

rs No 92, 2001

Division 10

Division 10 heading .......................am No 45, 2005

s 74 ................................................am No 108, 2000; No 45, 2005

Division 10A

Division 10A..................................ad No 95, 2018

Subdivision A

s 74A..............................................ad No 95, 2018

s 74B..............................................ad No 95, 2018

s 74C..............................................ad No 95, 2018

Subdivision B

s 74D..............................................ad No 95, 2018

s 74E..............................................ad No 95, 2018

Subdivision C

s 74F ..............................................ad No 95, 2018

s 74G..............................................ad No 95, 2018

s 74H..............................................ad No 95, 2018

s 74J...............................................ad No 95, 2018

s 74K..............................................ad No 95, 2018

s 74L..............................................ad No 95, 2018

s 74M.............................................ad No 95, 2018

Subdivision D

s 74N..............................................ad No 95, 2018

s 74P ..............................................ad No 95, 2018

s 74Q..............................................ad No 95, 2018

s 74R..............................................ad No 95, 2018

s 74S ..............................................ad No 95, 2018

s 74T..............................................ad No 95, 2018

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

300 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 74U..............................................ad No 95, 2018

Division 11

s 75 ................................................am No 139, 1995; No 99, 1998; No 108, 2000; No 45, 2005

s 77 ................................................am No 103, 2010

Part 6

s 79A..............................................ad No 119, 1997

s 80 ................................................am No 45, 2005

s 81 ................................................am No 120, 2002; No 45, 2005

s 82 ................................................am No 45, 2005; No 68, 2007

s 83 ................................................am No 108, 2000; No 120, 2002; No 45, 2005; No 120, 2006

s 84 ................................................am No 45, 2005; No 95, 2018

s 84A..............................................ad No 68, 2007

s 85 ................................................am No 45, 2005

s 85A..............................................ad No 68, 2007

s 86 ................................................am No 120, 2002

s 87 ................................................am No 120, 2002; No 45, 2005

s 87A..............................................ad No 120, 2002

am No 45, 2005; No 10, 2015

s 87B..............................................ad No 68, 2007

s 88 ................................................am No 45, 2005

s 89 ................................................am No 72, 2008

s 90 ................................................am No 120, 2002; No 45, 2005; No 72, 2008

s 91 ................................................am No 120, 2002; No 45, 2005; No 72, 2008

s 91A..............................................ad No 71, 2006

s 92 ................................................am No 45, 2005

Part 6A

Part 6A...........................................ad No 119, 1997

ss 92A–92C....................................ad No 119, 1997

am No 45, 2005

s 92D..............................................ad No 119, 1997

am No 108, 2000; No 45, 2005; No 120, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 301

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 92E..............................................ad No 119, 1997

am No 45, 2005

s 92F ..............................................ad No 119, 1997

am No 99, 1998; No 45, 2005

s 92G..............................................ad No 119, 1997

am No 45, 2005

s 92H..............................................ad No 119, 1997

s 92J...............................................ad No 119, 1997

am No 45, 2005

s 92K..............................................ad No 119, 1997

s 92L..............................................ad No 119, 1997

am No 45, 2005

Part 7

Part 7..............................................ad No 171, 1992

Division 1

s 93 ................................................ad No 171, 1992

am No 88, 1995

rep No 45, 2005

s 94 ................................................ad No 171, 1992

am No 1, 1993

rep No 111, 2009

s 95 ................................................ad No 171, 1992

am No 45, 2005; No 94, 2010

s 96 ................................................ad No 171, 1992

am No 1, 1993; No 88, 1995; No 45, 2005; No 103, 2010

s 96A..............................................ad No 1, 1993

am No 88, 1995; No 45, 2005

rep No 129, 2006

s 97 ................................................ad No 171, 1992

am No 88, 1995; No 45, 2005; No 8, 2010; No 103, 2010

s 98 ................................................ad No 171, 1992

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

302 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 108, 2000; No 45, 2005; No 120, 2006

ss 98A, 98B....................................ad No 2, 1993

am No 88, 1995

rep No 45, 2005

s 98C..............................................ad No 2, 1993

rep No 45, 2005

s 98D..............................................ad No 2, 1993

am No 94, 2010

Division 2

s 99 ................................................ad No 171, 1992

am No 45, 2005

s 100 ..............................................ad No 171, 1992

am No 1, 1993; No 45, 2005; No 27, 2007

s 101 ..............................................ad No 171, 1992

rep No 45, 2005

s 102 ..............................................ad No 171, 1992

rep No 198, 1999

s 103 ..............................................ad No 171, 1992

rep No 45, 2005

Division 2A

Division 2A....................................ad No 198, 1999

Subdivision A

s 103A............................................ad No 198, 1999

am No 71, 2006

s 103B............................................ad No 198, 1999

am No 198, 1999; No 55, 2001; No 71, 2006; No 22, 2015

ss 103C–103G................................ad No 198, 1999

s 103H............................................ad No 198, 1999

am No 71, 2006

s 103J.............................................ad No 198, 1999

am No 71, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 303

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 103JA..........................................ad No 71, 2006

s 103K............................................ad No 198, 1999

s 103L............................................ad No 198, 1999

am No 45, 2005; No 71, 2006; No 126, 2015

ed C83

s 103M...........................................ad No 198, 1999

am No 71, 2006

Subdivision B

s 103N............................................ad No 198, 1999

am No 71, 2006

s 103NA.........................................ad No 71, 2006

ss 103P, 103Q................................ad No 198, 1999

am No 71, 2006

Subdivision C

s 103R............................................ad No 198, 1999

am No 71, 2006

s 103RA.........................................ad No 71, 2006

s 103S ............................................ad No 198, 1999

am No 71, 2006

Subdivision D

s 103T............................................ad No 198, 1999

am No 198, 1999; No 71, 2006

s 103TA .........................................ad No 71, 2006

Subdivision E

s 103U............................................ad No 198, 1999

am No 71, 2006

s 103UA.........................................ad No 71, 2006

ss 103V, 103W...............................ad No 198, 1999

am No 71, 2006

Subdivision F

s 103X............................................ad No 198, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

304 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 71, 2006

s 103XA.........................................ad No 71, 2006

s 103Y............................................ad No 198, 1999

am No 71, 2006

Subdivision G

s 103Z............................................ad No 198, 1999

am No 198, 1999; No 71, 2006

s 103ZAA ......................................ad No 71, 2006

Subdivision H

s 103ZA .........................................ad No 198, 1999

am No 45, 2005; No 22, 2015; No 4, 2016

s 103ZB .........................................ad No 198, 1999

am No 45, 2005; No 22, 2015; No 4, 2016

s 103ZC .........................................ad No 198, 1999

am No 45, 2005

s 103ZD .........................................ad No 198, 1999

Subdivision I..................................rep No 22, 2015

s 103ZE..........................................ad No 198, 1999

am No 45, 2005; No 71, 2006

rep No 22, 2015

s 103ZF..........................................ad No 198, 1999

am No 45, 2005

rep No 22, 2015

Subdivision J

s 103ZG .........................................ad No 198, 1999

am No 45, 2005

s 103ZH .........................................ad No 198, 1999

s 103ZJ...........................................ad No 198, 1999

rep No 109, 2014

ss 103ZK, 103ZL ...........................ad No 198, 1999

rep No 198, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 305

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Subdivision K ................................rep No 198, 1999

ss 103ZM, 103ZN..........................ad No 198, 1999

rep No 198, 1999

Division 3 ......................................rep No 129, 2006

s 104 ..............................................ad No 171, 1992

rep No 129, 2006

s 105 ..............................................ad No 171, 1992

am No 45, 2005

rep No 129, 2006

ss 106–110 .....................................ad No 171, 1992

rep No 129, 2006

Division 4 ......................................rep No 129, 2006

s 111 ..............................................ad No 171, 1992

am No 32, 1995

rep No 129, 2006

Division 5 ......................................rep No 129, 2006

s 112 ..............................................ad No 171, 1992

am No 32, 1995; No 45, 2005

rep No 129, 2006

Division 6

s 113 ..............................................ad No 171, 1992

am No 111, 2009

s 114 ..............................................ad No 171, 1992

am No 45, 2005

s 115 ..............................................ad No 171, 1992

am No 139, 1995; No 92, 2001; No 43, 2005; No 10, 2015; No 113,

2017

s 115A............................................ad No 128, 2006

rep No 109, 2014

s 116 ..............................................ad No 171, 1992

am No 139, 1995; No 111, 2009

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

306 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 116A............................................ad No 171, 1992

s 116B............................................ad No 171, 1992

am No 103, 2010

s 116C............................................ad No 171, 1992

rep No 111, 2009

Part 8

s 117 ..............................................am No 45, 2005; No 10, 2015

s 118 ..............................................am No 45, 2005

s 119 ..............................................am No 45, 2005; No 27, 2007

s 120 ..............................................am No 45, 2005; No 109, 2014; No 10, 2015

s 121 ..............................................rep No 10, 2015

Part 8A

Part 8A...........................................ad No 197, 1999

s 121A............................................ad No 197, 1999

am No 45, 2005

s 121B............................................ad No 197, 1999

am No 55, 2001

ss 121C, 121D................................ad No 197, 1999

s 121E ............................................ad No 197, 1999

am No 45, 2005

Part 8B

Part 8B...........................................ad No 172, 2000

Division 1

s 121F ............................................ad No 172, 2000

am No 45, 2005

s 121FAA.......................................ad No 172, 2000

Division 2

s 121FA .........................................ad No 172, 2000

am No 45, 2005

s 121FB..........................................ad No 172, 2000

am No 45, 2005; No 94, 2010

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 307

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 121FC..........................................ad No 172, 2000

am No 45, 2005; No 120, 2006

ss 121FD, 121FE ...........................ad No 172, 2000

am No 45, 2005

Division 3

s 121FF ..........................................ad No 172, 2000

am No 45, 2005

Division 4

s 121FG .........................................ad No 172, 2000

am No 120, 2006; No 4, 2016

s 121FH .........................................ad No 172, 2000

am No 5, 2001; No 45, 2005

rs No 120, 2006

s 121FHA.......................................ad No 120, 2006

s 121FHB.......................................ad No 120, 2006

s 121FJ...........................................ad No 172, 2000

am No 5, 2001; No 4, 2016

ss 121FJA–121FJD........................ad No 120, 2006

ss 121FK, 121FL ...........................ad No 172, 2000

am No 45, 2005

Division 4A

s 121FLA .......................................ad No 172, 2000

s 121FLB .......................................ad No 172, 2000

am No 45, 2005

s 121FLC .......................................ad No 172, 2000

am No 45, 2005; No 94, 2010

ss 121FLD, 121FLE.......................ad No 172, 2000

am No 45, 2005

s 121FLF........................................ad No 172, 2000

am No 5, 2001; No 4, 2016

s 121FLG .......................................ad No 172, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

308 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 45, 2005; No 94, 2010

s 121FLH .......................................ad No 172, 2000

am No 45, 2005; No 94, 2010

s 121FLJ ........................................ad No 172, 2000

am No 45, 2005; No 8, 2010

Division 5

Division 5 heading.........................am No 45, 2005

s 121FM.........................................ad No 172, 2000

am No 45, 2005

s 121FN .........................................ad No 172, 2000

am No 45, 2005

Division 6

s 121FP ..........................................ad No 172, 2000

am No 45, 2005; No 10, 2015

s 121FQ .........................................ad No 172, 2000

am No 45, 2005

s 121FR..........................................ad No 172, 2000

am No 45, 2005

s 121FS ..........................................ad No 172, 2000

am No 13, 2013

Part 9

Part 9 heading ................................rs No 29, 2013

s 121G............................................ad No 29, 2013

am No 22, 2015; No 126, 2015

s 122 ..............................................am No 120, 2002; No 120, 2004; No 45, 2005; No 128, 2006; No 94,

2010; No 29, 2013; No 126, 2015

s 123 ..............................................am No 216, 1992; No 180, 1997; No 120, 2002; No 61, 2004; No 45,

2005; No 128, 2006; No 27, 2007; No 68, 2007; No 83, 2012; No 98,

2013

s 123A............................................ad No 216, 1992

am No 180, 1997; No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 309

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 22, 2015

s 123B............................................ad No 94, 2010

s 124 ..............................................am No 45, 2005

s 125 ..............................................am No 45, 2005

s 125A............................................ad No 28, 2018

s 126 ..............................................am No 45, 2005

s 127 ..............................................am No 45, 2005

s 128 ..............................................rs No 171, 1992

s 129 ..............................................am No 45, 2005

s 130 ..............................................am No 103, 2010

Part 9A

Part 9A...........................................ad No 128, 2006

s 130A............................................ad No 128, 2006

am No 68, 2007; No 22, 2015; No 14, 2016

s 130AA.........................................ad No 68, 2007

am No 14, 2016

s 130AB.........................................ad No 68, 2007

s 130AC.........................................ad No 94, 2010

s 130B............................................ad No 128, 2006

am No 68, 2007; No 103, 2010; No 126, 2015

s 130BA.........................................ad No 68, 2007

am No 103, 2010; No 126, 2015; No 14, 2016

s 130BB .........................................ad No 94, 2010

am No 103, 2010; No 126, 2015

Part 9B

Part 9B...........................................ad No 128, 2006

Division 1

s 130C............................................ad No 128, 2006

Division 2

s 130D............................................ad No 128, 2006

s 130E ............................................ad No 128, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

310 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 130F ............................................ad No 128, 2006

am No 68, 2007; No 103, 2010; No 14, 2016

s 130G............................................ad No 128, 2006

s 130H............................................ad No 128, 2006

Division 3

s 130J.............................................ad No 128, 2006

s 130K............................................ad No 128, 2006

s 130L............................................ad No 128, 2006

am No 68, 2007; No 124, 2007; No 22, 2015

Division 4

s 130M...........................................ad No 128, 2006

s 130N............................................ad No 128, 2006

s 130P ............................................ad No 128, 2006

s 130Q............................................ad No 128, 2006

Division 5

s 130R............................................ad No 128, 2006

s 130S ............................................ad No 128, 2006

s 130T............................................ad No 128, 2006

s 130U............................................ad No 128, 2006

s 130V............................................ad No 128, 2006

s 130W...........................................ad No 128, 2006

s 130X............................................ad No 128, 2006

s 130Y............................................ad No 128, 2006

s 130Z............................................ad No 128, 2006

rep No 109, 2014

Division 6

s 130ZA .........................................ad No 128, 2006

am No 8, 2010

Part 9C

Part 9C...........................................ad No 94, 2010

s 130ZBA.......................................ad No 94, 2010

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 311

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 130ZB .........................................ad No 94, 2010

am No 36, 2011; No 88, 2012; No 22, 2015

s 130ZBB.......................................ad No 36, 2011

am No 88, 2012; No 22, 2015

s 130ZBC.......................................ad No 88, 2012

rep No 22, 2015

s 130ZC .........................................ad No 94, 2010

am No 36, 2011

s 130ZCAA....................................ad No 94, 2010

am No 36, 2011

s 130ZCAB....................................ad No 94, 2010

am No 36, 2011

s 130ZCA.......................................ad No 94, 2010

am No 36, 2011

s 130ZD .........................................ad No 94, 2010

s 130ZE..........................................ad No 94, 2010

s 130ZEA.......................................ad No 36, 2011

rep No 22, 2015

s 130ZF..........................................ad No 94, 2010

am No 36, 2011

s 130ZFA.......................................ad No 94, 2010

s 130ZG .........................................ad No 94, 2010

am No 88, 2012

s 130ZH .........................................ad No 36, 2011

am No 22, 2015

Part 9D

Part 9D...........................................ad No 83, 2012

Division 1

s 130ZJ...........................................ad No 83, 2012

s 130ZK .........................................ad No 83, 2012

am No 22, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

312 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 130ZKA ......................................ad No 22, 2015

s 130ZKB.......................................ad No 22, 2015

s 130ZKC.......................................ad No 22, 2015

s 130ZL..........................................ad No 83, 2012

s 130ZM.........................................ad No 83, 2012

s 130ZN .........................................ad No 83, 2012

s 130ZO .........................................ad No 83, 2012

s 130ZP..........................................ad No 83, 2012

s 130ZQ .........................................ad No 83, 2012

Division 2

s 130ZR .........................................ad No 83, 2012

am No 22, 2015

s 130ZS..........................................ad No 83, 2012

s 130ZT..........................................ad No 83, 2012

rep No 5, 2015

s 130ZU .........................................ad No 83, 2012

rep No 5, 2015

s 130ZUA ......................................ad No 83, 2012

am No 22, 2015

s 130ZUAA....................................ad No 83, 2012

am No 5, 2015

s 130ZUB.......................................ad No 83, 2012

Division 3

s 130ZV .........................................ad No 83, 2012

am No 22, 2015

s 130ZVA ......................................ad No 83, 2012

am No 103, 2013; No 22, 2015

s 130ZW ........................................ad No 83, 2012

am No 103, 2013

s 130ZX .........................................ad No 83, 2012

s 130ZY .........................................ad No 83, 2012

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 313

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 22, 2015

s 130ZYA ......................................ad No 83, 2012

am No 22, 2015

s 130ZZ..........................................ad No 83, 2012

am No 22, 2015

s 130ZZAA....................................ad No 83, 2012

s 130ZZAB ....................................ad No 83, 2012

Division 4

s 130ZZA.......................................ad No 83, 2012

am No 22, 2015

Division 5

s 130ZZB .......................................ad No 83, 2012

Division 6

s 130ZZC .......................................ad No 83, 2012

s 130ZZD.......................................ad No 83, 2012

rs No 22, 2015

Division 7

s 130ZZE .......................................ad No 83, 2012

am No 22, 2015

Part 10

Division 1

s 131 ..............................................am No 32, 1995

s 132 ..............................................am No 32, 1995; No 120, 2006

ss 133–135 .....................................am No 32, 1995

s 136 ..............................................am No 4, 2016

Division 1A

Division 1A....................................ad No 120, 2006

s 136A............................................ad No 120, 2006

s 136B............................................ad No 120, 2006

s 136C............................................ad No 120, 2006

s 136D............................................ad No 120, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

314 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 136E ............................................ad No 120, 2006

s 136F ............................................ad No 120, 2006

Division 2

Division 2 heading.........................am No 45, 2005

s 137 ..............................................am No 45, 2005

rs No 120, 2006

s 138 ..............................................am No 32, 1995

rs No 120, 2006

s 138A............................................ad No 120, 2006

Division 3

s 139 ..............................................am No 32, 1995; No 119, 1997; No 198, 1999

rs No 5, 2001

am No 5, 2001; No 120, 2006; No 4, 2016

s 140 ..............................................am No 4, 2016

s 140A............................................ad No 120, 2006

s 141 ..............................................am No 45, 2005

rs No 120, 2006

s 142 ..............................................am No 32, 1995

rs No 120, 2006

s 142A............................................ad No 120, 2006

s 143 ..............................................am No 198, 1999; No 55, 2001; No 45, 2005

Division 4

s 144 ..............................................am No 45, 2005

Division 5 ......................................rep No 120, 2006

s 145 ..............................................rep No 120, 2006

s 146 ..............................................am No 45, 2005

rep No 120, 2006

Part 10A

Part 10A.........................................ad No 197, 1999

Division 1

s 146A............................................ad No 197, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 315

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 10, 2015

s 146B............................................ad No 197, 1999

am No 55, 2001; No 128, 2006

s 146C............................................ad No 197, 1999

am No 46, 2011; No 10, 2015; No 126, 2015

s 146CA.........................................ad No 197, 1999

am No 46, 2011; No 10, 2015; No 126, 2015

s 146D............................................ad No 197, 1999

am No 45, 2005

Division 2

s 146E ............................................ad No 197, 1999

s 146F ............................................ad No 197, 1999

s 146G............................................ad No 197, 1999

s 146H............................................ad No 197, 1999

s 146J.............................................ad No 197, 1999

s 146K............................................ad No 197, 1999

s 146KA.........................................ad No 197, 1999

Division 3

s 146L............................................ad No 197, 1999

s 146N............................................ad No 197, 1999

s 146P ............................................ad No 197, 1999

s 146Q............................................ad No 197, 1999

s 146R............................................ad No 197, 1999

Division 4 ......................................rep No 109, 2014

s 146S ............................................ad No 197, 1999

rep No 109, 2014

Part 11

Part 11 heading ..............................am No 45, 2005

Division 1

s 147 ..............................................am No 45, 2005; No 120, 2006

s 148 ..............................................am No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

316 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 149 ..............................................am No 45, 2005; No 120, 2006

rs No 109, 2014

Division 2

Division 2 heading.........................rs No 23, 2001

s 150 ..............................................am No 23, 2001; No 45, 2005; No 83, 2012

s 151 ..............................................am No 23, 2001; No 45, 2005

rs No 109, 2014

s 152 ..............................................am No 45, 2005; No 109, 2014

s 153 ..............................................am No 45, 2005

Part 12............................................rep No 45, 2005

s 154 ..............................................rep No 45, 2005

Note to s 154(2) .............................ad No 152, 1997

rep No 45, 2005

s 155 ..............................................rep No 45, 2005

s 156 ..............................................am No 32, 1995

rep No 45, 2005

s 157 ..............................................am No 216, 1992; No 32, 1995

rep No 45, 2005

s 158 ..............................................am No 167, 1992; Nos 59 and 115, 1997; No 108, 2000

rep No 45, 2005

s 159 ..............................................rep No 45, 2005

s 160 ..............................................am No 152, 1997; No 198, 1999

rep No 45, 2005

s 161 ..............................................rep No 152, 1997

ss 162–164 .....................................rep No 45, 2005

s 165 ..............................................am No 146, 1999

rep No 45, 2005

s 166 ..............................................rep No 45, 2005

s 167 ..............................................rep No 45, 2005

Part 13

Part 13 heading ..............................am No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 317

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rs No 25, 2015

Division 1

s 168 ..............................................am No 45, 2005

s 169 ..............................................am No 45, 2005

s 169A............................................ad No 25, 2015

am No 51, 2017; No 96, 2018

Division 2

s 170 ..............................................am No 45, 2005

s 171 ..............................................rs No 115, 1997

am No 59, 1997; No 45, 2005

s 172 ..............................................am No 115, 1997; No 45, 2005

s 173 ..............................................am No 45, 2005; No 25, 2015

s 174 ..............................................am No 45, 2005; No 25, 2015

s 176 ..............................................am No 45, 2005; No 25, 2015

s 177 ..............................................am No 45, 2005; No 25, 2015

s 178 ..............................................am No 45, 2005

s 179 ..............................................am No 45, 2005

s 180 ..............................................am No 45, 2005

Division 3

s 181 ..............................................rep No 45, 2005

s 182 ..............................................am No 45, 2005

ss 183, 184 .....................................am No 45, 2005

ss 185–190 .....................................am No 45, 2005

ss 191–196 .....................................am No 45, 2005

ss 197–199 .....................................am No 45, 2005

Division 4

s 200 ..............................................am No 45, 2005; No 25, 2015

s 202 ..............................................am No 216, 1992; No 108, 2000; No 5, 2001; No 120, 2006

s 203 ..............................................am No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

318 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Part 14

s 204 ..............................................am No 216, 1992; No 139, 1995; No 119, 1997; No 143, 1997; No 99,

1998; No 197, 1999; No 198, 1999; No 108, 2000; No 172, 2000; No

71, 2006; No 128, 2006; No 129, 2006; No 68, 2007; No 94, 2010;

No 83, 2012; No 22, 2015; No 14, 2016; No 113, 2017; No 28, 2018

s 205 ..............................................am No 45, 2005

Part 14AA

Part 14AA......................................ad No 113, 2017

s 205AA.........................................ad No 113, 2017

s 205AB.........................................ad No 113, 2017

s 205AC.........................................ad No 113, 2017

s 205AD.........................................ad No 113, 2017

s 205AE .........................................ad No 113, 2017

s 205AF .........................................ad No 113, 2017

s 205AG.........................................ad No 113, 2017

Part 14A.........................................ad No 143, 1997

rep No 113, 2017

s 205A............................................ad No 143, 1997

am No 153, 2006

rep No 113, 2017

s 205B............................................ad No 143, 1997

am No 45, 2005; No 120, 2006; No 128, 2006; No 153, 2006; No 109,

2014

rep No 113, 2017

s 205BA.........................................ad No 153, 2006

rep No 113, 2017

s 205C............................................ad No 143, 1997

am No 45, 2005; No 153, 2006

rep No 113, 2017

s 205D............................................ad No 143, 1997

am No 45, 2005; No 120, 2006; No 153, 2006

rep No 113, 2017

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 319

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Part 14B

Part 14B.........................................ad No 120, 2006

Division 1

s 205E ............................................ad No 120, 2006

Division 2

s 205EA .........................................ad No 120, 2006

s 205F ............................................ad No 120, 2006

am No 113, 2017; No 28, 2018; No 95, 2018

s 205G............................................ad No 120, 2006

s 205H............................................ad No 120, 2006

ss 205J–205N.................................ad No 120, 2006

s 205P ............................................ad No 120, 2006

s 205PAA.......................................ad No 120, 2006

Part 14C

Part 14C.........................................ad No 120, 2006

s 205PA .........................................ad No 120, 2006

am No 129, 2006; No 36, 2011

s 205Q............................................ad No 120, 2006

am No 129, 2006; No 36, 2011; No 113, 2017

ss 205R–205U................................ad No 120, 2006

Part 14D

Part 14D.........................................ad No 120, 2006

s 205V............................................ad No 120, 2006

s 205W...........................................ad No 120, 2006

am No 8, 2010

s 205X............................................ad No 120, 2006

Part 14E

Part 14E .........................................ad No 120, 2006

s 205XAA......................................ad No 120, 2006

s 205XA.........................................ad No 120, 2006

ss 205Y, 205Z................................ad No 120, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

320 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 205ZA .........................................ad No 120, 2006

am No 28, 2018; No 95, 2018

s 205ZB .........................................ad No 120, 2006

s 205ZC .........................................ad No 120, 2006

s 205ZD .........................................ad No 120, 2006

am No 136, 2012

s 205ZE..........................................ad No 120, 2006

s 205ZF..........................................ad No 120, 2006

Part 14F

Part 14F .........................................ad No 43, 2018

s 205ZG .........................................ad No 43, 2018

s 205ZH .........................................ad No 43, 2018

s 205ZJ...........................................ad No 43, 2018

s 205ZK .........................................ad No 43, 2018

s 205ZL..........................................ad No 43, 2018

s 205ZM.........................................ad No 43, 2018

Part 15

s 206 ..............................................am No 108, 2000

s 207 ..............................................am No 45, 2005

s 208 ..............................................am No 198, 1999

rep No 137, 2000

s 209 ..............................................am No 32, 1995

s 210 ..............................................am No 45, 2005

s 211 ..............................................am No 31, 2014

rep No 22, 2015

s 211AA.........................................ad No 94, 2010

am No 88, 2012

s 211A............................................ad No 94, 2010

s 212 ..............................................am No 197, 1999; No 45, 2005; No 128, 2006; Nos 28 and 68, 2007

s 212A............................................ad No 197, 1999

am No 55, 2001; No 169, 2012

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 321

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 212B............................................ad No 197, 1999

am No 46, 2011; No 10, 2015; No 126, 2015

s 214 ..............................................am Nos 108 and 172, 2000; No 120, 2006

s 215 ..............................................rs No 1, 1993

am No 139, 1995

rep No 99, 1998

ad No 120, 2006

am No 126, 2015

s 215A............................................ad No 68, 2007

rep No 51, 2013

s 215B............................................ad No 68, 2007

rep No 14, 2016

s 216A............................................ad No 99, 1998

s 216AA.........................................ad No 113, 2017

s 216B............................................ad No 90, 1999

s 216C............................................ad No 108, 2000

s 216D............................................ad No 108, 2000

rep No 45, 2005

ad No 124, 2007

s 216E ............................................ad No 108, 2000

rep No 45, 2005

ad No 28, 2018

s 217 ..............................................am No 32, 1995

s 218 ..............................................am No 45, 2005

Schedule 1

Part 1

c 1 ..................................................am No 139, 1995; No 108, 2000; No 172, 2000; No 45, 2005; No 68,

2007; No 14, 2016

Part 2

c 2 ..................................................am No 108, 2000; No 129, 2006; No 68, 2007; No 14, 2016

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

322 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 4 ..................................................am No 48, 1998; No 108, 2000; No 172, 2000; No 121, 2001; No 45,

2005; No 68, 2007; No 14, 2016

Part 3

c 6 ..................................................am No 139, 1995

c 7 ..................................................am No 139, 1995

Part 4

c 8 ..................................................am No 139, 1995; No 45, 2005

Schedule 2

Part 1

c 1 ..................................................am No 167, 1992; No 13, 2001; No 39, 2003; No 45, 2005; No 136,

2012; No 99, 2017

c 2 ..................................................am No 218, 1992; No 120, 2002; No 68, 2007

Part 2

c 3A ...............................................ad No 216, 1992

c 4 ..................................................am No 45, 2005; No 99, 2017

c 5 ..................................................am No 45, 2005

c 6 ..................................................am No 39, 2003

rep No 7, 2018

Part 3

Division 1

Division 1 heading.........................ad No 94, 2010

c 7 ..................................................am No 167, 1992; No 216, 1992; No 218, 1992; No 143, 1997; No 99,

1998; No 197, 1999; No 108, 2000; No 13, 2001; No 61, 2004; No 45,

2005; No 128, 2006; No 129, 2006; No 68, 2007; No 73, 2008; No 158,

2008; No 94, 2010; No 36, 2011; No 83, 2012; No 29, 2013; No 22,

2015; No 113, 2017; No 7, 2018

ed C94

Division 2

Division 2 ......................................ad No 94, 2010

c 7A ...............................................ad No 94, 2010

c 7B................................................ad No 94, 2010

am No 22, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 323

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 7C................................................ad No 94, 2010

am No 22, 2015; No 127, 2015

c 7D ...............................................ad No 94, 2010

am No 36, 2011; No 22, 2015; No 127, 2015

c 7E................................................ad No 94, 2010

am No 22, 2015; No 127, 2015

c 7F................................................ad No 94, 2010

am No 22, 2015; No 127, 2015

c 7G ...............................................ad No 94, 2010

am No 22, 2015; No 127, 2015

c 7H ...............................................ad No 94, 2010

rep No 22, 2015

c 7J.................................................ad No 94, 2010

c 7K ...............................................ad No 94, 2010

rep No 22, 2015

c 7L................................................ad No 94, 2010

am No 22, 2015

Part 4

c 8 ..................................................am No 167, 1992; No 216, 1992; No 218, 1992; No 143, 1997; No 197,

1999; No 45, 2005; No 129, 2006; No 68, 2007; No 73, 2008; No 113,

2017; No 7, 2018

Part 5

c 9 ..................................................am Nos 216 and 218, 1992; No 197, 1999; No 13, 2001; No 120, 2002;

No 61, 2004; No 45, 2005; Nos 71 and 128, 2006; No 68, 2007; No 36,

2011; No 7, 2018

Part 6

c 10 ................................................am Nos 216 and 218, 1992; No 2, 1993; No 139, 1995; No 197, 1999;

No 13, 2001; No 61, 2004; No 45, 2005; Nos 128 and 129, 2006;

No 68, 2007; No 94, 2010; No 83, 2012

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

324 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Part 7

c 11 ................................................am Nos 216 and 218, 1992; No 180, 1997; No 197, 1999; No 13, 2001;

No 61, 2004; No 45, 2005; No 128, 2006; No 68, 2007; No 83, 2012;

No 7, 2018

Schedule 3......................................rep No 45, 2005

cc 1–5 ............................................rep No 45, 2005

c 6 ..................................................rep No 152, 1997

cc 7, 8 ............................................rep No 45, 2005

c 9 ..................................................am No 152, 1997; No 156, 1999

rep No 45, 2005

cc 10–12.........................................rep No 45, 2005

cc 13, 14.........................................rep No 152, 1997

c 15 ................................................rep No 45, 2005

c 16 ................................................am No 152, 1997

rep No 45, 2005

c 17 ................................................rep No 45, 2005

c 18 ................................................am No 119, 1997; Nos 90 and 198, 1999; No 108, 2000

rep No 45, 2005

Schedule 4

Schedule 4......................................ad No 99, 1998

Part 1

c 1 ..................................................ad No 99, 1998

am No 108, 2000; No 4, 2003; No 45, 2005; No 83, 2012

rs No 22, 2015

am No 113, 2017

c 2 ..................................................ad No 99, 1998

am No 108, 2000; No 45, 2005; Nos 127 and 128, 2006; No 158, 2008;

No 94, 2010; No 22, 2015

c 3 ..................................................ad No 99, 1998

rep No 22, 2015

c 4 ..................................................ad No 99, 1998

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 325

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 4A ...............................................ad No 108, 2000

c 4B................................................ad No 108, 2000

c 4C................................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 4D ...............................................ad No 128, 2006

rep No 22, 2015

c 5 ..................................................ad No 99, 1998

am No 45, 2005; No 94, 2010; No 22, 2015

c 5A ...............................................ad No 108, 2000

am No 23, 2001

rep No 128, 2006

ad No 128, 2006

am No 94, 2010; No 22, 2015

c 5B................................................ad No 128, 2006

am No 94, 2010

c 5C................................................ad No 128, 2006

am No 94, 2010; No 22, 2015

c 5D ...............................................ad No 128, 2006

am No 94, 2010

c 5E................................................ad No 128, 2006

rep No 22, 2015

c 5F................................................ad No 158, 2008

am No 88, 2012

rep No 22, 2015

c 5H ...............................................ad No 158, 2008

rep No 109, 2014

c 5J.................................................ad No 94, 2010

rep No 22, 2015

Part 2..............................................rep No 22, 2015

c 6 ..................................................ad No 99, 1998

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

326 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am Nos 108 and 172, 2000; No 23, 2001; No 108, 2003; No 45, 2005;

Nos 127 and 128, 2006; No 158, 2008; No 94, 2010; No 36, 2011; No

46, 2011

rep No 22, 2015

c 6A ...............................................ad No 158, 2008

am No 88, 2012

rep No 22, 2015

c 6B................................................ad No 158, 2008

rep No 22, 2015

c 6C................................................ad No 94, 2010

rep No 36, 2011

c 7 ..................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 7A ...............................................ad No 108, 2000

am No 45, 2005; No 94, 2010

rep No 22, 2015

c 7AA ............................................ad No 36, 2011

rep No 22, 2015

c 7B................................................ad No 128, 2006

rep No 22, 2015

c 8 ..................................................ad No 99, 1998

am No 108, 2000; No 45, 2005; No 128, 2006; No 36, 2011

rep No 22, 2015

c 9 ..................................................ad No 99, 1998

am No 45, 2005; No 128, 2006; No 94, 2010

rep No 22, 2015

c 9A ...............................................ad No 36, 2011

rep No 22, 2015

c 10 ................................................ad No 99, 1998

am No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 327

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 22, 2015

c 11 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 12 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 13 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 14 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 15 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 16 ................................................ad No 99, 1998

rep No 22, 2015

c 17 ................................................ad No 99, 1998

rep No 22, 2015

c 18 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

Part 3

c 19 ................................................ad No 99, 1998

am No 108, 2000; No 23, 2001; No 45, 2005; No 128, 2006; No 158,

2008; No 94, 2010; No 36, 2011; No 46, 2011

rep No 22, 2015

c 20 ................................................ad No 99, 1998

am No 108, 2000; No 108, 2003; No 45, 2005; No 128, 2006; No 36,

2011

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

328 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 22, 2015

c 21 ................................................ad No 99, 1998

rep No 22, 2015

c 21A .............................................ad No 36, 2011

rep No 22, 2015

c 22 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 22A .............................................ad No 108, 2000

am No 45, 2005

rep No 22, 2015

c 22AA...........................................ad No 36, 2011

rep No 22, 2015

c 23 ................................................ad No 99, 1998

am No 108, 2000; No 45, 2005; No 128, 2006; No 36, 2011

rep No 22, 2015

c 24 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 25 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 26 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 27 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 28 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 329

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 29 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 30 ................................................ad No 99, 1998

rep No 22, 2015

c 31 ................................................ad No 99, 1998

rep No 22, 2015

c 32 ................................................ad No 99, 1998

rep No 22, 2015

c 33 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 34 ................................................ad No 99, 1998

rep No 22, 2015

c 35 ................................................ad No 99, 1998

rs No 108, 2000

am No 128, 2006; No 158, 2008

rep No 22, 2015

c 35A .............................................ad No 94, 2010

am No 36, 2011

rep No 22, 2015

c 35AA...........................................ad No 128, 2006

rep No 22, 2015

c 35A .............................................ad No 108, 2000

rep No 128, 2006

c 36 ................................................ad No 99, 1998

am No 108, 2000; No 128, 2006; No 22, 2015

c 36A .............................................ad No 99, 1998

rep No 108, 2000

Part 3A...........................................ad No 108, 2000

rep No 128, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

330 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 36B..............................................ad No 108, 2000

rep No 128, 2006

c 36C..............................................ad No 108, 2000

rep No 128, 2006

Part 4..............................................rep No 22, 2015

Part 4 heading ................................rs No 128, 2006

rep No 22, 2015

Division 1 heading.........................ad No 108, 2000

rep No 128, 2006

Division 1 ......................................rep No 128, 2006

c 37 ................................................ad No 99, 1998

rs No 108, 2000

rep No 128, 2006

cc 37A–37D...................................ad No 108, 2000

rep No 128, 2006

Division 2 heading.........................rs No 128, 2006

rep No 22, 2015

Division 2 ......................................ad No 108, 2000

rep No 22, 2015

c 37DAA........................................ad No 94, 2010

rep No 22, 2015

c 37DA...........................................ad No 128, 2006

rep No 22, 2015

c 37E..............................................ad No 108, 2000

am No 23, 2001; No 126, 2002; Nos 4 and 108, 2003; No 128, 2006

rep No 22, 2015

c 37EA...........................................ad No 92, 2001

am No 126, 2002; No 4, 2003; No 45, 2005

rep No 128, 2006

c 37F..............................................ad No 108, 2000

am No 23, 2001; No 126, 2002; No 4, 2003; No 128, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 331

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 22, 2015

c 37FA ...........................................ad No 92, 2001

am No 126, 2002; No 4, 2003; No 45, 2005

rep No 128, 2006

c 37G .............................................ad No 108, 2000

am No 92, 2001; No 45, 2005; Nos 127 and 128, 2006

rep No 22, 2015

c 37H .............................................ad No 108, 2000

am No 92, 2001; No 45, 2005; No 128, 2006

rep No 22, 2015

c 37J...............................................ad No 108, 2000

rep No 128, 2006

c 37K .............................................ad No 108, 2000

rep No 22, 2015

c 37L..............................................ad No 108, 2000

rs No 4, 2003

rep No 22, 2015

c 37M.............................................ad No 108, 2000

rep No 22, 2015

Division 3 heading.........................ad No 108, 2000

rs No 128, 2006

rep No 83, 2012

Division 3 ......................................rs No 128, 2006

rep No 83, 2012

c 38 ................................................ad No 99, 1998

am No 108, 2000

rs No 128, 2006

am No 128, 2006; No 94, 2010; No 36, 2011

rep No 83, 2012

Division 4 heading.........................ad No 108, 2000

rep No 128, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

332 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Division 4 ......................................rep No 128, 2006

c 39 ................................................ad No 99, 1998

am No 108, 2000; No 45, 2005

rep No 128, 2006

c 40 ................................................ad No 99, 1998

rep No 108, 2000

Division 5 heading.........................ad No 108, 2000

rep No 22, 2015

c 41 ................................................ad No 99, 1998

rep No 22, 2015

Part 4A

Part 4A heading .............................rs No 113, 2017

Part 4A...........................................ad No 128, 2006

Division 1

Division 1 ......................................ad No 128, 2006

c 41A .............................................ad No 99, 1998

rep No 108, 2000

ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41B..............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41C..............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41D .............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41E..............................................ad No 128, 2006

am No 94, 2010; No 22, 2015; No 127, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 333

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 113, 2017

c 41F..............................................ad No 128, 2006

am No 94, 2010; No 22, 2015

rep No 127, 2015

c 41FA ...........................................ad No 94, 2010

am No 127, 2015

rep No 113, 2017

c 41FB ...........................................ad No 94, 2010

rep No 127, 2015

c 41G .............................................ad No 128, 2006

am No 94, 2010; No 36, 2011; No 136, 2012; No 22, 2015; No 127,

2015

Division 2

Division 2 heading.........................ad No 128, 2006

c 41H .............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41J...............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41K .............................................ad No 128, 2006

am No 94, 2010; No 22, 2015; No 127, 2015

rep No 113, 2017

c 41L..............................................ad No 128, 2006

am No 94, 2010; No 22, 2015

rep No 127, 2015

c 41LA...........................................ad No 94, 2010

am No 127, 2015

rep No 113, 2017

c 41LB ...........................................ad No 94, 2010

rep No 127, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

334 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 41M.............................................ad No 128, 2006

am No 22, 2015; No 127, 2015

c 41N .............................................ad No 94, 2010

am No 127, 2015

Part 5

c 42 ................................................ad No 99, 1998

am No 108, 2000

c 43 ................................................ad No 99, 1998

am No 108, 2000; No 129, 2006; No 94, 2010

c 43A .............................................ad No 108, 2000

c 44 ................................................ad No 99, 1998

am No 108, 2000

c 45 ................................................ad No 99, 1998

am No 45, 2005; No 128, 2006

c 45A .............................................ad No 108, 2000

am No 45, 2005; No 128, 2006

c 46 ................................................ad No 99, 1998

am No 45, 2005; No 128, 2006

c 47 ................................................ad No 99, 1998

am No 108, 2000

c 48 ................................................ad No 99, 1998

am No 108, 2000; No 22, 2015

c 49 ................................................ad No 99, 1998

c 50 ................................................ad No 99, 1998

Part 6..............................................rep No 113, 2017

c 51 ................................................ad No 99, 1998

am No 8, 2005; No 45, 2005; No 22, 2015

rep No 113, 2017

c 52 ................................................ad No 99, 1998

rep No 113, 2017

c 53 ................................................ad No 99, 1998

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 335

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 108, 2000

rep No 45, 2005

Part 7..............................................rep No 22, 2015

c 54 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 55 ................................................ad No 99, 1998

rep No 22, 2015

c 56 ................................................ad No 99, 1998

rep No 22, 2015

c 57 ................................................ad No 99, 1998

rep No 22, 2015

c 58 ................................................ad No 99, 1998

am No 31, 2014

rep No 22, 2015

c 59 ................................................ad No 99, 1998

rep No 45, 2005

c 59A .............................................ad No 108, 2000

rep No 45, 2005

c 60 ................................................ad No 99, 1998

am No 108, 2000; No 108, 2003; No 45, 2005

rep No 128, 2006

c 60A .............................................ad No 108, 2000

am No 4, 2003

rep No 128, 2006

c 60B..............................................ad No 108, 2000

rep No 83, 2012

c 60C..............................................ad No 108, 2000

rep No 45, 2005

ad No 128, 2006

am No 158, 2008

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

336 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 83, 2012

c 60D .............................................ad No 94, 2010

am No 83, 2012

rep No 29, 2013

Part 9 heading ................................am No 45, 2005

rep No 8, 2007

c 61 ................................................ad No 99, 1998

am No 122, 1999; No 108, 2000

rep No 45, 2005

Part 10

c 62 ................................................ad No 99, 1998

am No 108, 2000; No 45, 2005; No 22, 2015

c 63 ................................................ad No 99, 1998

am No 45, 2005

Part 11............................................rep No 22, 2015

c 64 ................................................ad No 99, 1998

rep No 22, 2015

Schedule 5

Schedule 5......................................ad No 90, 1999

Part 1

c 1 ..................................................ad No 90, 1999

am No 127, 2004

rep No 124, 2007

c 2 ..................................................ad No 90, 1999

am No 61, 2004; No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 3 ..................................................ad No 90, 1999

am No 45, 2005; No 129, 2006; No 124, 2007; No 8, 2010; No 31,

2014; No 25, 2015

c 4 ..................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 337

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 5 ..................................................ad No 90, 1999

am No 8, 2010

c 6 ..................................................ad No 90, 1999

am No 61, 2004

rep No 124, 2007

c 7 ..................................................ad No 90, 1999

Part 2

c 8 ..................................................ad No 90, 1999

am No 8, 2010; No 46, 2011; No 103, 2013; No 126, 2015

c 9 ..................................................ad No 90, 1999

am No 8, 2010; No 103, 2013

Part 3..............................................rep No 124, 2007

c 10 ................................................ad No 90, 1999

am No 61, 2004

rep No 124, 2007

cc 11–13.........................................ad No 90, 1999

rep No 124, 2007

cc 14, 15.........................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

c 16 ................................................ad No 90, 1999

am No 13, 2001; No 61, 2004; No 45, 2005

rep No 124, 2007

c 17 ................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

cc 18, 19.........................................ad No 90, 1999

rep No 124, 2007

c 20 ................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

338 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 21 ................................................ad No 90, 1999

am No 13, 2001

rep No 124, 2007

Part 4

Part 4 heading ................................am No 45, 2005; No 25, 2015

Division 1

Division 1 heading.........................am No 45, 2005; No 25, 2015

c 22 ................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

c 23 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 24 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

c 25 ................................................ad No 90, 1999

Division 2

Division 2 heading.........................am No 45, 2005; No 25, 2015

c 26 ................................................ad No 90, 1999

am No 45, 2005

rep No 109, 2014

c 27 ................................................ad No 90, 1999

am No 45, 2005

rs No 124, 2007

am No 8, 2010; No 109, 2014; No 25, 2015

c 28 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

c 29 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

Division 3 ......................................rep No 124, 2007

c 30 ................................................ad No 90, 1999

am No 61, 2004; No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 339

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 124, 2007

c 31 ................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

c 32 ................................................ad No 90, 1999

am No 61, 2004; No 45, 2005

rep No 124, 2007

cc 33–36.........................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

cc 37–39.........................................ad No 90, 1999

rep No 124, 2007

Division 4

c 40 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 46, 2011; No 103,

2013; No 25, 2015; No 126, 2015

c 41 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 42 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 43 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 44 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 45 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 46 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 47 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 48 ................................................ad No 90, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

340 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 8, 2010

Heading to c 49..............................am No 8, 2010

c 49 ................................................ad No 90, 1999

c 50 ................................................ad No 90, 1999

am No 8, 2010

Note to c 50....................................am No 46, 2011

c 51 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

Part 5

Division 1

c 52 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

Division 2

cc 53, 54.........................................ad No 90, 1999

c 55 ................................................ad No 90, 1999

am No 124, 2007; No 8, 2010

c 56 ................................................ad No 90, 1999

rs No 124, 2007

am No 8, 2010

c 57 ................................................ad No 90, 1999

am No 8, 2010

c 58 ................................................ad No 90, 1999

am No 103, 2013

Division 3

c 59 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 60 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 46, 2011; No 31, 2014;

No 25, 2015; No 126, 2015

c 61 ................................................ad No 90, 1999

Division 4

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 341

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 62 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 63 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 64 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 65 ................................................ad No 90, 1999

c 66 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 67 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

Division 5

c 68 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 69 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 70 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 71 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 72 ................................................ad No 90, 1999

am No 8, 2010

c 73 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 74 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 75 ................................................ad No 90, 1999

am No 45, 2005; No 103, 2013; No 25, 2015

c 76 ................................................ad No 90, 1999

am No 45, 2005

rep No 109, 2014

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

342 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 77 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

Division 6

c 78 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

Part 6

c 79 ................................................ad No 90, 1999

am No 124, 2007

c 80 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 103, 2013; No 25,

2015

c 81 ................................................ad No 90, 1999

am No 124, 2007; No 8, 2010; No 103, 2013

c 82 ................................................ad No 90, 1999

am No 5, 2001; No 4, 2016

c 83 ................................................ad No 90, 1999

am No 5, 2001; No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015;

No 4, 2016

c 84 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

c 85 ................................................ad No 90, 1999

am No 45, 2005

rs No 124, 2007

am No 8, 2010; No 25, 2015

Part 7

c 86 ................................................ad No 90, 1999

am No 4, 2016

c 87 ................................................ad No 90, 1999

am No 5, 2001

Part 8

c 88 ................................................ad No 90, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 343

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 124, 2007; No 8, 2010

c 89 ................................................ad No 90, 1999

am No 45, 2005; No 27, 2007

rep No 124, 2007

Part 9

c 90 ................................................ad No 90, 1999

c 91 ................................................ad No 90, 1999

am No 8, 2010; No 46, 2011; No 103, 2013; No 126, 2015

Part 10

c 92 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 93 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

Part 11

c 94 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 95 ................................................ad No 90, 1999

am No 8, 2010

rep No 109, 2014

c 96 ................................................ad No 90, 1999

am No 59, 2015

Schedule 6

Schedule 6......................................ad No 108, 2000

Part 1

c 1 ..................................................ad No 108, 2000

am No 45, 2005; No 68, 2007; No 8, 2010; No 51, 2013; No 31, 2014;

No 109, 2014; No 14, 2016

c 2 ..................................................ad No 108, 2000

am Nos 55 and 92, 2001; Nos 8 and 94, 2010; No 51, 2013; No 31,

2014; No 22, 2015

c 2A ...............................................ad No 51, 2013

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

344 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 3 ..................................................ad No 108, 2000

am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015

c 4 ..................................................ad No 108, 2000

am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015

c 5 ..................................................ad No 108, 2000

am No 92, 2001

c 6 ..................................................ad No 108, 2000

Part 2

c 7 ..................................................ad No 108, 2000

am No 45, 2005; No 68, 2007; No 14, 2016

c 8 ..................................................ad No 108, 2000

am No 45, 2005

c 9 ..................................................ad No 108, 2000

am No 45, 2005; No 120, 2006

c 10 ................................................ad No 108, 2000

am No 5, 2001; No 45, 2005

c 11 ................................................ad No 108, 2000

am No 45, 2005

c 12 ................................................ad No 108, 2000

am No 45, 2005; No 68, 2007; No 8, 2010; No 14, 2016

c 12A .............................................ad No 68, 2007

am No 8, 2010

rep No 14, 2016

Part 3

Division 1

c 13 ................................................ad No 108, 2000

am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015

c 14 ................................................ad No 108, 2000

c 15 ................................................ad No 108, 2000

am No 92, 2001; No 45, 2005; No 46, 2011; No 10, 2015; No 126,

2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 345

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 16 ................................................ad No 108, 2000

am No 92, 2001

cc 17, 18.........................................ad No 108, 2000

c 18A .............................................ad No 108, 2000

c 19 ................................................ad No 108, 2000

rs No 31, 2014

c 20 ................................................ad No 108, 2000

am No 8, 2010; No 31, 2014

c 20AA...........................................ad No 108, 2000

am No 8, 2010

Division 1A....................................rep No 128, 2006

cc 20A, 20B ...................................ad No 108, 2000

rep No 128, 2006

Division 2

c 21 ................................................ad No 108, 2000

am No 92, 2001; No 45, 2005; No 8, 2010; No 46, 2011; No 10, 2015;

No 126, 2015

cc 22, 23.........................................ad No 108, 2000

c 23A .............................................ad No 108, 2000

Division 2A

c 23B..............................................ad No 108, 2000

am No 45, 2005; No 8, 2010

Division 3

c 24 ................................................ad No 108, 2000

am No 61, 2004; No 45, 2005; No 128, 2006; No 68, 2007; No 8, 2010;

No 31, 2014; No 14, 2016; No 7, 2018

c 24A .............................................ad No 68, 2007

rep No 14, 2016

c 25 ................................................ad No 108, 2000

am No 45, 2005

c 26 ................................................ad No 108, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

346 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 45, 2005; No 8, 2010

c 27 ................................................ad No 108, 2000

am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015

Division 4

Division 4 heading.........................am No 8, 2010

c 27A .............................................ad No 108, 2000

am No 23, 2001; No 45, 2005; No 8, 2010

Part 4

c 28 ................................................ad No 108, 2000

am No 61, 2004; No 45, 2005; No 98, 2013

c 29 ................................................ad No 108, 2000

am No 45, 2005

rep No 22, 2015

c 30 ................................................ad No 108, 2000

am No 45, 2005; No 8, 2010

c 31 ................................................ad No 108, 2000

am No 45, 2005; No 10, 2015

c 32 ................................................ad No 108, 2000

am No 45, 2005

c 33 ................................................ad No 108, 2000

am No 45, 2005

c 34 ................................................ad No 108, 2000

am No 45, 2005

c 35 ................................................ad No 108, 2000

am No 8, 2010; No 31, 2014

c 35A .............................................ad No 23, 2001

Part 5

Part 5 heading ................................am No 45, 2005

c 36 ................................................ad No 108, 2000

am No 45, 2005; No 51, 2013

c 37 ................................................ad No 108, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 347

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 23, 2001; No 45, 2005; No 8, 2010; No 31, 2014

c 38 ................................................ad No 108, 2000

am No 45, 2005

rs No 109, 2014

Part 6

Part 6 heading ................................rs No 23, 2001

cc 39, 40.........................................ad No 108, 2000

rep No 23, 2001

c 41 ................................................ad No 108, 2000

am No 23, 2001; No 128, 2006

Part 7

cc 42, 43.........................................ad No 108, 2000

cc 44, 45.........................................ad No 108, 2000

am No 45, 2005

c 46 ................................................ad No 108, 2000

am No 128, 2006

c 47 ................................................ad No 108, 2000

am No 45, 2005

c 48 ................................................ad No 108, 2000

am No 45, 2005; No 8, 2010

Part 8

Division 1

Division 1 heading.........................am No 51, 2013

c 49 ................................................ad No 108, 2000

am No 172, 2000: No 120, 2006; No 51, 2013; No 4, 2016

c 50 ................................................ad No 108, 2000

am No 172, 2000; No 45, 2005

rs No 120, 2006

c 51 ................................................ad No 108, 2000

am No 45, 2005

c 51A .............................................ad No 172, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

348 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 22, 2015

Division 2

c 52 ................................................ad No 108, 2000

am No 128, 2006; No 68, 2007; No 4, 2016; No 14, 2016

c 52A .............................................ad No 120, 2006

am No 68, 2007; No 14, 2016

c 53 ................................................ad No 108, 2000

am No 45, 2005; No 120, 2006; No 4, 2016

c 54 ................................................ad No 108, 2000

am No 45, 2005; No 128, 2006 (as am by No 73, 2008); No 68, 2007;

No 14, 2016

c 55 ................................................ad No 108, 2000

am No 45, 2005

c 56 ................................................ad No 108, 2000

c 57 ................................................ad No 108, 2000

Part 9

c 58 ................................................ad No 108, 2000

am No 8, 2010

c 59 ................................................ad No 108, 2000

am No 45, 2005

Part 10............................................rep No 128, 2006

c 60 ................................................ad No 108, 2000

rep No 128, 2006

c 61 ................................................ad No 108, 2000

rep No 45, 2005

Schedule 7

Schedule 7......................................ad No 124, 2007

Part 1

c 1 ..................................................ad No 124, 2007; No 25, 2015

c 2 ..................................................ad No 124, 2007

am No 124, 2007; No 8, 2010; No 126, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 349

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 3 ..................................................ad No 124, 2007

c 4 ..................................................ad No 124, 2007

am No 126, 2015

c 5 ..................................................ad No 124, 2007

c 6 ..................................................ad No 124, 2007

c 7 ..................................................ad No 124, 2007

c 8 ..................................................ad No 124, 2007

c 9 ..................................................ad No 124, 2007

c 9A ...............................................ad No 124, 2007

ed C90

c 10 ................................................ad No 124, 2007

c 11 ................................................ad No 124, 2007

c 12 ................................................ad No 124, 2007

c 13 ................................................ad No 124, 2007

c 14 ................................................ad No 124, 2007

am No 25, 2015; No 126, 2015

c 15 ................................................ad No 124, 2007

c 16 ................................................ad No 124, 2007

c 17 ................................................ad No 124, 2007

c 18 ................................................ad No 124, 2007

c 19 ................................................ad No 124, 2007

Part 2

Division 1

cc 20, 21.........................................ad No 124, 2007

Division 2

c 22 ................................................ad No 124, 2007

am No 25, 2015

c 23 ................................................ad No 124, 2007

c 24 ................................................ad No 124, 2007

c 25 ................................................ad No 124, 2007

c 26 ................................................ad No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

350 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 27 ................................................ad No 124, 2007

am No 46, 2011

Division 3

c 28 ................................................ad No 124, 2007

am No 99, 2014; No 25, 2015

ed C90

c 29 ................................................ad No 124, 2007

am No 25, 2015

Division 4

Subdivision A

c 30 ................................................ad No 124, 2007

am No 103, 2012; No 25, 2015

c 31 ................................................ad No 124, 2007

am No 46, 2011; No 25, 2015

cc 32, 33.........................................ad No 124, 2007

Subdivision B

c 34 ................................................ad No 124, 2007

Subdivision C

c 35 ................................................ad No 124, 2007

Division 5

c 36 ................................................ad No 124, 2007

Part 3

Part 3 heading ................................am No 25, 2015

Division 1

Division 1 heading.........................am No 25, 2015

c 37 ................................................ad No 124, 2007

am No 25, 2015

c 38 ................................................ad No 124, 2007

am No 25, 2015

c 39 ................................................ad No 124, 2007

am No 25, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 351

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 40 ................................................ad No 124, 2007

am No 25, 2015

c 41 ................................................ad No 124, 2007

c 42 ................................................ad No 124, 2007

am No 25, 2015

Division 2

Division 2 heading.........................am No 25, 2015

c 43 ................................................ad No 124, 2007

rep No 109, 2014

c 44 ................................................ad No 124, 2007

am No 109, 2014; No 25, 2015

c 45 ................................................ad No 124, 2007

am No 25, 2015

c 46 ................................................ad No 124, 2007

am No 25, 2015

Division 3

c 47 ................................................ad No 124, 2007

am No 25, 2015

c 48 ................................................ad No 124, 2007

am No 25, 2015

c 49 ................................................ad No 124, 2007

am No 25, 2015

c 50 ................................................ad No 124, 2007

am No 25, 2015

c 51 ................................................ad No 124, 2007

am No 25, 2015

c 52 ................................................ad No 124, 2007

am No 25, 2015

c 53 ................................................ad No 124, 2007

c 54 ................................................ad No 124, 2007

c 55 ................................................ad No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

352 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 8, 2010; No 46, 2011

Division 4

c 56 ................................................ad No 124, 2007

am No 25, 2015

c 57 ................................................ad No 124, 2007

am No 25, 2015

c 58 ................................................ad No 124, 2007

am No 25, 2015

c 59 ................................................ad No 124, 2007

am No 25, 2015

c 59A .............................................ad No 124, 2007

am No 25, 2015

c 60 ................................................ad No 124, 2007

c 61 ................................................ad No 124, 2007

Division 5

c 62 ................................................ad No 124, 2007

am No 25, 2015

c 63 ................................................ad No 124, 2007

am No 25, 2015

c 64 ................................................ad No 124, 2007

am No 25, 2015

c 65 ................................................ad No 124, 2007

am No 25, 2015

c 66 ................................................ad No 124, 2007

am No 25, 2015

c 67 ................................................ad No 124, 2007

am No 25, 2015

c 68 ................................................ad No 124, 2007

Division 6

c 69 ................................................ad No 124, 2007

am No 25, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 353

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 70 ................................................ad No 124, 2007

am No 25, 2015

c 71 ................................................ad No 124, 2007

am No 25, 2015

c 72 ................................................ad No 124, 2007

am No 25, 2015

c 73 ................................................ad No 124, 2007

am No 25, 2015

Part 4

Division 1

c 73 ................................................ad No 124, 2007

Division 2

cc 74–79.........................................ad No 124, 2007

Division 3

c 80 ................................................ad No 124, 2007

am No 25, 2015

c 81 ................................................ad No 124, 2007

c 82 ................................................ad No 124, 2007

am No 25, 2015

c 83 ................................................ad No 124, 2007

c 84 ................................................ad No 124, 2007

Division 4

c 85 ................................................ad No 124, 2007

am No 25, 2015

c 86 ................................................ad No 124, 2007

am No 25, 2015

c 87 ................................................ad No 124, 2007

am No 8, 2010; No 25, 2015

c 88 ................................................ad No 124, 2007

c 89 ................................................ad No 124, 2007

am No 25, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

354 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 90 ................................................ad No 124, 2007

am No 25, 2015

Division 5

c 91 ................................................ad No 124, 2007

am No 25, 2015

c 92 ................................................ad No 124, 2007

am No 25, 2015

c 93 ................................................ad No 124, 2007

am No 25, 2015

c 94 ................................................ad No 124, 2007

am No 25, 2015

c 95 ................................................ad No 124, 2007

c 96 ................................................ad No 124, 2007

am No 25, 2015

c 97 ................................................ad No 124, 2007

am No 25, 2015

c 98 ................................................ad No 124, 2007

am No 25, 2015

c 99 ................................................ad No 124, 2007

am No 8, 2010; No 25, 2015

c 100 ..............................................ad No 124, 2007

am No 25, 2015

Division 6

c 101 ..............................................ad No 124, 2007

am No 8, 2010; No 25, 2015

Division 7

c 102 ..............................................ad No 124, 2007

c 103 ..............................................ad No 124, 2007

Part 5

c 104 ..............................................ad No 124, 2007

am No 25, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 355

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 105 ..............................................ad No 124, 2007

Part 6

c 106 ..............................................ad No 124, 2007

c 107 ..............................................ad No 124, 2007

c 108 ..............................................ad No 124, 2007

am No 25, 2015

c 109 ..............................................ad No 124, 2007

am No 25, 2015

c 110 ..............................................ad No 124, 2007

am No 25, 2015

Part 7

c 111 ..............................................ad No 124, 2007

c 112 ..............................................ad No 124, 2007

am No 25, 2015; No 51, 2017

Part 8

c 113 ..............................................ad No 124, 2007

am No 25, 2015

Part 9

c 114 ..............................................ad No 124, 2007

am No 25, 2015

c 115 ..............................................ad No 124, 2007

am No 25, 2015

c 116 ..............................................ad No 124, 2007

am No 25, 2015

c 117 ..............................................ad No 124, 2007

c 117A ...........................................ad No 124, 2007

c118 ...............................................ad No 124, 2007

rep No 109, 2014

c 119 ..............................................ad No 124, 2007

c 120 ..............................................ad No 124, 2007

c 121 ..............................................ad No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

356 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 122 ..............................................ad No 124, 2007

c 123 ..............................................ad No 124, 2007

am No 59, 2015

Schedule 8

Schedule 8......................................ad No 28, 2018

Part 1

c 1 ..................................................ad No 28, 2018

c 2 ..................................................ad No 28, 2018

c 3 ..................................................ad No 28, 2018

c 4 ..................................................ad No 28, 2018

c 5 ..................................................ad No 28, 2018

c 6 ..................................................ad No 28, 2018

c 7 ..................................................ad No 28, 2018

c 8 ..................................................ad No 28, 2018

c 9 ..................................................ad No 28, 2018

c 10 ................................................ad No 28, 2018

Part 2

c 11 ................................................ad No 28, 2018

c 12 ................................................ad No 28, 2018

Part 3

Division 1

c 13 ................................................ad No 28, 2018

c 14 ................................................ad No 28, 2018

c 15 ................................................ad No 28, 2018

c 16 ................................................ad No 28, 2018

Division 2

c 17 ................................................ad No 28, 2018

c 18 ................................................ad No 28, 2018

c 19 ................................................ad No 28, 2018

c 20 ................................................ad No 28, 2018

c 21 ................................................ad No 28, 2018

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 357

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 22 ................................................ad No 28, 2018

c 23 ................................................ad No 28, 2018

Part 4

c 24 ................................................ad No 28, 2018

Part 5

c 25 ................................................ad No 28, 2018

c 26 ................................................ad No 28, 2018

Part 6

c 27 ................................................ad No 28, 2018

c 28 ................................................ad No 28, 2018

c 29 ................................................ad No 28, 2018

c 30 ................................................ad No 28, 2018

c 31 ................................................ad No 28, 2018

c 32 ................................................ad No 28, 2018

c 33 ................................................ad No 28, 2018

c 34 ................................................ad No 28, 2018

c 35 ................................................ad No 28, 2018

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 5—Editorial changes

358 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial

change(s) were made under the Legislation Act 2003.

Subclause 7(1) of Schedule 2

Kind of editorial change

Change to punctuation

Details of editorial change

Paragraph 7(1)(j) of Schedule 2 ends with a full stop. The legislative drafting

practice is to use a semicolon between paragraphs.

This compilation was editorially changed to omit the full stop and substitute a

semicolon at the end of paragraph 7(1)(j) of Schedule 2 to bring it into line with

legislative drafting practice.

Authorised Version C2018C00375 registered 17/09/2018



Prepared by the Office of Parliamentary Counsel, Canberra

Broadcasting Services Act 1992

No. 110, 1992

Compilation No. 94

Compilation date: 1 September 2018

Includes amendments up to: Act No. 96, 2018

Registered: 17 September 2018

This compilation is in 2 volumes

Volume 1: sections 1–218

Schedules 1 and 2

Volume 2: Schedules 4–8

Endnotes

Each volume has its own contents

Authorised Version C2018C00375 registered 17/09/2018

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 1 September 2018 (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. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

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.

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. For

more information on any modifications, see the series page on the Legislation

Register for the compiled law.

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.

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 i

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Contents

Schedule 4—Digital television broadcasting 1

Part 1—Introduction 1 1 Simplified outline of this Schedule....................................................1

2 Definitions.........................................................................................1

4 Digital mode ......................................................................................4

4A HDTV digital mode...........................................................................4

4B SDTV digital mode............................................................................4

5 Remote licence area...........................................................................4

5A SDTV multi-channelled commercial television broadcasting

service................................................................................................5

5B HDTV multi-channelled commercial television broadcasting

service................................................................................................5

5C SDTV multi-channelled national television broadcasting

service................................................................................................5

5D HDTV multi-channelled national television broadcasting

service................................................................................................6

Part 3—ABC/SBS television 8 36 Digital transmitter not to be used to provide a subscription

television broadcasting service etc. ...................................................8

Part 4A—Primary television broadcasting services 9

Division 1—Commercial television broadcasting services 9

41G Primary commercial television broadcasting service.........................9

Division 2—National television broadcasting services 10

41M Primary national television broadcasting service.............................10

41N Primary satellite national television broadcasting service ...............10

Part 5—Transmitter access regime 11 42 Simplified outline ............................................................................11

43 Definitions.......................................................................................12

43A Designated associated facilities .......................................................12

44 Extended meaning of access ............................................................13

45 Access to broadcasting transmission towers ....................................13

45A Access to designated associated facilities........................................15

46 Access to sites of broadcasting transmission towers........................17

47 Terms and conditions of access .......................................................19

Authorised Version C2018C00375 registered 17/09/2018

ii Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

48 Code relating to access ....................................................................21

49 Arbitration—acquisition of property ...............................................21

50 Relationship between this Part and the National

Transmission Network Sale Act 1998 ..............................................22

Part 10—Review of decisions 23 62 Review by the AAT.........................................................................23

63 Notification of decisions to include notification of reasons

and appeal rights..............................................................................23

Schedule 5—Online services 24

Part 1—Introduction 24 2 Simplified outline ............................................................................24

3 Definitions.......................................................................................25

5 Internet content that consists of a film.............................................27

7 Extended meaning of use.................................................................27

Part 2—Internet service providers 29 8 Internet service providers ................................................................29

9 Supply to the public.........................................................................29

Part 4—Complaints to, and investigations by, the

Commissioner 31

Division 1—Making of complaints to the Commissioner 31

23 Complaints about breaches of online provider rules etc. .................31

24 Form of complaint ...........................................................................31

25 Residency etc. of complainant .........................................................31

Division 2—Investigations by the Commissioner 32

27 Commissioner may investigate matters ...........................................32

28 Conduct of investigations ................................................................32

29 Protection from civil proceedings....................................................32

Division 4—Action to be taken in relation to a complaint about

prohibited content hosted outside Australia 33

40 Action to be taken in relation to a complaint about prohibited

content hosted outside Australia ......................................................33

41 Deferral of action in order to avoid prejudicing a criminal

investigation ....................................................................................35

42 Withdrawal of notification of content—reclassification of

internet content ................................................................................35

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 iii

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

43 Withdrawal of notification of content—reclassification of

internet content that consists of a film or a computer game.............36

44 Revocation of standard access-prevention notice—

reclassification of internet content...................................................37

45 Revocation of standard access-prevention notice—

reclassification of internet content that consists of a film or a

computer game ................................................................................38

46 Anti-avoidance—notified internet content ......................................38

47 Anti-avoidance—special access-prevention notice..........................39

48 Compliance with access-prevention notices ....................................41

49 Notification of internet content........................................................41

50 Application of notifications under this Division..............................41

51 Commissioner may be taken to have issued

access-prevention notices ................................................................42

Part 5—Industry codes and industry standards 43

Division 1—Simplified outline 43

52 Simplified outline ............................................................................43

Division 2—Interpretation 44

53 Industry codes..................................................................................44

54 Industry standards............................................................................44

55 Internet activity................................................................................44

56 Section of the internet industry........................................................44

57 Participants in a section of the internet industry ..............................44

58 Designated body ..............................................................................44

Division 3—General principles relating to industry codes and

industry standards 45

59 Statement of regulatory policy.........................................................45

60 Matters that must be dealt with by industry codes and

industry standards............................................................................45

61 Industry codes and industry standards not to deal with

certain matters .................................................................................49

Division 4—Industry codes 50

62 Registration of industry codes .........................................................50

63 Commissioner may request codes....................................................52

64 Publication of notice where no body or association

represents a section of the internet industry.....................................53

65 Replacement of industry codes ........................................................53

66 Compliance with industry codes......................................................53

Authorised Version C2018C00375 registered 17/09/2018

iv Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

67 Formal warnings—breach of industry codes ...................................54

Division 5—Industry standards 55

68 Commissioner may determine an industry standard if a

request for an industry code is not complied with ...........................55

69 Commissioner may determine industry standard where no

industry body or association formed................................................56

70 Commissioner may determine industry standards—total

failure of industry codes ..................................................................57

71 Commissioner may determine industry standards—partial

failure of industry codes ..................................................................58

72 Compliance with industry standards................................................60

73 Formal warnings—breach of industry standards .............................60

74 Variation of industry standards........................................................60

75 Revocation of industry standards.....................................................61

77 Consultation with designated body..................................................61

Division 6—Register of industry codes and industry standards 62

78 Commissioner to maintain Register of industry codes and

industry standards............................................................................62

Part 6—Online provider rules 63 79 Online provider rules .......................................................................63

80 Online provider determinations .......................................................63

81 Exemptions from online provider determinations ...........................64

82 Compliance with online provider rules............................................64

83 Remedial directions—breach of online provider rules ....................65

84 Formal warnings—breach of online provider rules .........................66

85 Federal Court may order a person to cease supplying internet

carriage services ..............................................................................66

Part 7—Offences 67 86 Continuing offences.........................................................................67

87 Conduct by directors, employees and agents ...................................67

Part 8—Protection from civil and criminal proceedings 70 88 Protection from civil proceedings—internet service

providers..........................................................................................70

Part 9—Operation of State and Territory laws etc. 71 90 Concurrent operation of State and Territory laws............................71

91 Liability of internet content hosts and internet service

providers under State and Territory laws etc. ..................................71

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 v

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 10—Review of decisions 73 92 Review by the AAT.........................................................................73

93 Notification of decisions to include notification of reasons

and appeal rights..............................................................................73

Part 11—Miscellaneous 75 94 Additional Commissioner functions ................................................75

96 Schedule not to affect performance of State or Territory

functions ..........................................................................................75

Schedule 6—Datacasting services 76

Part 1—Introduction 76 1 Simplified outline ............................................................................76

2 Definitions.......................................................................................77

2A Designated datacasting service ........................................................80

3 Educational programs ......................................................................80

4 Information-only programs..............................................................81

5 Foreign-language news or current affairs programs ........................83

6 Datacasting content is taken not to be a television program or

a radio program etc. .........................................................................83

Part 2—Datacasting licences 85 7 Allocation of datacasting licence.....................................................85

8 When datacasting licence must not be allocated..............................85

9 Unsuitable applicant ........................................................................85

10 Transfer of datacasting licences.......................................................86

11 Surrender of datacasting licences ....................................................87

12 ACMA to maintain Register of datacasting licences .......................87

Part 3—Conditions of datacasting licences 88

Division 1—Genre conditions 88

13 Category A television programs ......................................................88

14 Condition relating to category A television programs .....................89

15 Category B television programs ......................................................90

16 Condition relating to category B television programs .....................91

17 Genre conditions do not apply to Parliamentary proceedings

etc. ...................................................................................................93

18 Genre conditions do not apply to matter that consists of no

more than text or still visual images etc...........................................93

Authorised Version C2018C00375 registered 17/09/2018

vi Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

18A Genre conditions do not apply to advertising or sponsorship

material............................................................................................94

19 Genre conditions do not apply to interactive computer games ........94

20 Genre conditions do not apply to internet carriage services or

ordinary email..................................................................................94

20AA Genre conditions do not apply to certain content copied from

the internet.......................................................................................95

Division 2—Audio content condition 96

21 Audio content condition ..................................................................96

22 Audio content condition does not apply to Parliamentary

proceedings etc. ...............................................................................97

23 Audio content condition does not apply to matter that

consists of no more than text or still visual images etc. ...................98

23A Audio content condition does not apply to advertising or

sponsorship material ........................................................................98

Division 2A—Genre conditions: anti-avoidance 99

23B Anti-avoidance—declared internet carriage services.......................99

Division 3—Other conditions 100

24 General conditions.........................................................................100

25 Suitability condition ......................................................................102

26 Additional conditions imposed by the ACMA ..............................103

27 Restricted access system................................................................104

Division 4—Exemption orders for content copied from the

internet 105

27A Exemption orders in relation to content copied from the

internet...........................................................................................105

Part 4—Codes of practice 106 28 Development of codes of practice .................................................106

30 ACMA to maintain Register of codes of practice..........................109

31 ACMA may determine standards where codes of practice fail

or where no code of practice developed ........................................110

32 Consultation on standards..............................................................110

33 Notification of determination or variation or revocation of

standards........................................................................................110

34 Limitation of ACMA’s power in relation to standards ..................111

35 This Part does not apply to internet carriage services or

ordinary email................................................................................111

35A This Part does not apply to the ABC or SBS .................................111

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 vii

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Complaints to the ACMA about datacasting services 112 36 Complaints about offences or breach of licence conditions...........112

37 Complaints under codes of practice...............................................112

38 Investigation of complaints by the ACMA....................................113

Part 6—Control of datacasting transmitter licences 114 41 Datacasting transmitter licences not to be controlled by ABC

or SBS ...........................................................................................114

Part 7—Nominated datacaster declarations 115 42 Object of this Part..........................................................................115

43 Datacasting transmitter licence......................................................115

44 Applications for nominated datacaster declarations ......................115

45 Making a nominated datacaster declaration...................................116

46 Effect of nominated datacaster declaration....................................116

47 Revocation of nominated datacaster declaration............................117

48 Register of nominated datacaster declarations...............................118

Part 8—Remedies for breaches of licensing provisions 120

Division 1—Providing a designated datacasting service without a

licence 120

49 Prohibition on providing a designated datacasting service

without a licence............................................................................120

50 Remedial directions—unlicensed datacasting services..................120

51 Exemption for broadcasting licensees etc. .....................................122

51A Exemption for designated teletext services....................................122

Division 2—Breaches of licence conditions 123

52 Offence for breach of conditions ...................................................123

52A Civil penalty provision relating to breach of conditions of

datacasting licences .......................................................................123

53 Remedial directions—breach of conditions...................................123

54 Suspension and cancellation ..........................................................124

55 Injunctions.....................................................................................126

56 Federal Court’s powers relating to injunctions ..............................126

57 Stay of proceedings relating to additional licence conditions,

remedial directions and suspension/cancellation decisions ...........128

Part 9—Review of decisions 130 58 Review by the Administrative Appeals Tribunal...........................130

59 Notification of decisions to include notification of reasons

and appeal rights............................................................................131

Authorised Version C2018C00375 registered 17/09/2018

viii Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Schedule 7—Content services 132

Part 1—Introduction 132 1 Simplified outline ..........................................................................132

2 Definitions.....................................................................................134

3 Australian connection ....................................................................144

4 Hosting service ..............................................................................145

5 Content service provider................................................................145

6 When content is provided by a content service..............................146

7 When content service is provided to the public etc........................146

8 Links to content .............................................................................146

9 Services supplied by way of a voice call or video call...................146

9A Ancillary subscription television content service ..........................147

10 Classification of live content etc....................................................148

11 Eligible electronic publication.......................................................149

12 Re-transmitted broadcasting services ............................................149

13 Re-transmitted datacasting services...............................................150

14 Restricted access system................................................................150

15 R 18+ content and MA 15+ content ..............................................151

16 Content that consists of a film .......................................................152

17 Extended meaning of use...............................................................152

18 Trained content assessor ................................................................152

19 Extra-territorial application ...........................................................153

Part 2—Classification of content 154

Division 1—Prohibited content and potential prohibited content 154

20 Prohibited content..........................................................................154

21 Potential prohibited content...........................................................155

Division 2—Classification of content 157

22 Applications for classification of content ......................................157

23 Classification of content ................................................................158

24 Classification of content that consists of a film, a computer

game or an eligible electronic publication .....................................158

25 Classification of content that does not consist of a film, a

computer game or an eligible electronic publication .....................159

26 Deemed classification of content classified under Schedule 5.......160

27 Fees ...............................................................................................160

Division 3—Reclassification 162

28 Reclassification of content.............................................................162

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 ix

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

29 Notice of intention to reclassify content ........................................162

Division 4—Review of classification decisions 164

Subdivision A—Review of classification of content 164

30 Persons who may apply for review................................................164

31 Applications for review .................................................................165

32 Classification Review Board may refuse to deal with review

applications that are frivolous etc. .................................................166

33 Review...........................................................................................166

Subdivision B—Review of content that consists of a film or a

computer game 167

34 Review of classification of content that consists of a film or

a computer game............................................................................167

Subdivision C—Review of content that consists of an eligible

electronic publication 167

35 Review of classification of content that consists of an

eligible electronic publication........................................................167

Division 5—Miscellaneous 169

36 Decisions of the Classification Board etc. .....................................169

Part 3—Complaints to, and investigations by, the

Commissioner 170

Division 1—Making of complaints to the Commissioner 170

37 Complaints about prohibited content or potential prohibited

content ...........................................................................................170

38 Complaints relating to breach of a designated

content/hosting service provider rule etc. ......................................172

39 Form of complaint .........................................................................172

40 Recordings of live content .............................................................173

41 Residency etc. of complainant .......................................................173

42 Escalation of complaints made under industry codes etc...............174

Division 2—Investigations by the Commissioner 175

44 Commissioner may investigate matters .........................................175

45 Conduct of investigations ..............................................................175

46 Protection from civil proceedings..................................................176

Division 3—Action to be taken in relation to hosting services 177

47 Action to be taken in relation to hosting services ..........................177

48 Revocation of interim take-down notices—voluntary

withdrawal of content ....................................................................181

Authorised Version C2018C00375 registered 17/09/2018

x Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

49 Revocation of final take-down notices—reclassification of

content ...........................................................................................182

50 Revocation of final take-down notices—reclassification of

content that consists of a film or a computer game........................182

51 Revocation of final take-down notices—reclassification of a

corresponding print publication.....................................................183

52 Anti-avoidance—special take-down notices..................................183

53 Compliance with rules relating to prohibited content etc. .............185

54 Identification of content.................................................................186

55 Application of notices under this Division ....................................186

Division 4—Action to be taken in relation to live content services 187

56 Action to be taken in relation to live content services ...................187

57 Undertaking—alternative to service-cessation notice....................190

58 Revocation of service-cessation notices—undertaking..................191

59 Revocation of final service-cessation notices—

reclassification of content ..............................................................191

59A Anti-avoidance—special service-cessation notices .......................192

60 Compliance with rules relating to prohibited content etc. .............193

61 Identification of content.................................................................194

Division 5—Action to be taken in relation to links services 195

62 Action to be taken in relation to links services ..............................195

63 Revocation of interim link-deletion notices—voluntary

deletion of link...............................................................................199

64 Revocation of final link-deletion notices—reclassification of

content ...........................................................................................200

65 Revocation of final link-deletion notices—reclassification of

content that consists of a film or a computer game........................200

66 Revocation of final link-deletion notices—reclassification of

a corresponding print publication ..................................................201

67 Anti-avoidance—special link-deletion notices ..............................201

68 Compliance with rules relating to prohibited content etc. .............203

Division 6—Law enforcement agencies 205

69 Referral of matters to law enforcement agencies ...........................205

70 Deferral of action in order to avoid prejudicing a criminal

investigation—hosting services .....................................................206

71 Deferral of action in order to avoid prejudicing a criminal

investigation—live content services ..............................................206

72 Deferral of action in order to avoid prejudicing a criminal

investigation—links services .........................................................207

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 xi

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Industry codes and industry standards 208

Division 1—Simplified outline 208

73 Simplified outline ..........................................................................208

Division 2—Interpretation 209

74 Industry codes................................................................................209

75 Industry standards..........................................................................209

76 Content activity .............................................................................209

77 Sections of the content industry.....................................................209

78 Participants in a section of the content industry ............................210

79 Designated body ............................................................................210

Division 3—General principles relating to industry codes and

industry standards 211

80 Statement of regulatory policy.......................................................211

81 Matters that must be dealt with by industry codes and

industry standards—commercial content providers.......................211

82 Examples of matters that may be dealt with by industry

codes and industry standards .........................................................213

83 Escalation of complaints................................................................215

84 Collection of personal information ................................................215

Division 4—Industry codes 217

85 Registration of industry codes .......................................................217

86 Commissioner may request codes..................................................218

87 Publication of notice where no body or association

represents a section of the content industry ...................................219

88 Replacement of industry codes ......................................................220

89 Compliance with industry codes....................................................220

90 Formal warnings—breach of industry codes .................................220

Division 5—Industry standards 221

91 Commissioner may determine an industry standard if a

request for an industry code is not complied with .........................221

92 Commissioner may determine industry standard where no

industry body or association formed..............................................222

93 Commissioner may determine industry standards—total

failure of industry codes ................................................................223

94 Commissioner may determine industry standards—partial

failure of industry codes ................................................................224

95 Compliance with industry standards..............................................226

96 Formal warnings—breach of industry standards ...........................226

Authorised Version C2018C00375 registered 17/09/2018

xii Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

97 Variation of industry standards......................................................226

98 Revocation of industry standards...................................................227

99 Public consultation on industry standards......................................227

100 Consultation with designated body................................................228

Division 6—Register of industry codes and industry standards 229

101 Commissioner to maintain Register of industry codes and

industry standards..........................................................................229

Division 7—Miscellaneous 230

102 Industry codes may provide for matters by reference to other

instruments ....................................................................................230

103 Industry standards may provide for matters by reference to

other instruments ...........................................................................230

Part 5—Designated content/hosting service provider

determinations 231 104 Designated content/hosting service provider determinations.........231

105 Exemptions from designated content/hosting service

provider determinations.................................................................232

Part 6—Enforcement 233 106 Compliance with designated content/hosting service provider

rules—offence ...............................................................................233

107 Compliance with designated content/hosting service provider

rules—civil penalty provision........................................................233

108 Remedial directions—breach of designated content/hosting

service provider rules ....................................................................234

109 Formal warnings—breach of designated content/hosting

service provider rules ....................................................................235

110 Federal Court may order a person to cease providing

designated content/hosting services...............................................235

Part 7—Protection from civil and criminal proceedings 236 111 Protection from civil proceedings—service providers...................236

112 Protection from criminal proceedings—Commissioner,

Classification Board and Classification Review Board .................236

Part 8—Review of decisions 238 113 Review by the Administrative Appeals Tribunal...........................238

Part 9—Miscellaneous 241 114 Additional Commissioner functions ..............................................241

115 Recordings of content etc. .............................................................241

Authorised Version C2018C00375 registered 17/09/2018

Broadcasting Services Act 1992 xiii

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

116 Samples of content to be submitted for classification....................242

117 Service of summons, process or notice on corporations

incorporated outside Australia .......................................................242

117A Meaning of broadcasting service ..................................................243

119 This Schedule does not limit Schedule 5 .......................................243

120 This Schedule does not limit the Telecommunications Act

1997...............................................................................................243

121 Implied freedom of political communication.................................243

122 Concurrent operation of State and Territory laws..........................244

123 Schedule not to affect performance of State or Territory

functions ........................................................................................244

Schedule 8—Online content services 245

Part 1—Introduction 245 1 Simplified outline of this Schedule................................................245

2 Definitions.....................................................................................245

3 Online content service ...................................................................248

4 Exempt online simulcast service ...................................................250

5 Geographical link to Australia.......................................................251

6 Online content service provider.....................................................251

7 When content is provided on an online content service.................251

8 When a service is provided to the public etc. ................................252

9 Extended meaning of using ...........................................................252

10 Extra-territorial application ...........................................................252

Part 2—Online content service provider rules 253 11 Online content service provider rules ............................................253

12 Administrative decisions ...............................................................253

Part 3—Gambling promotional content 254

Division 1—Online content service provider rules relating to

gambling promotional content 254

13 Gambling promotional content ......................................................254

14 Accidental or incidental provision of gambling promotional

content ...........................................................................................255

15 Individual exemptions from online content service provider

rules ...............................................................................................256

16 Class exemptions from online content service provider rules........258

Authorised Version C2018C00375 registered 17/09/2018

xiv Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Interpretive provisions 260

17 When a part of an online content service is taken to be an

online content service in its own right ...........................................260

18 Gambling service...........................................................................260

19 Sporting event................................................................................261

20 Live coverage of a sporting event..................................................262

21 Gambling promotional content provided in conjunction with

live coverage of a sporting event ...................................................262

22 Scheduled start of a sporting event ................................................263

23 Conclusion of a sporting event ......................................................263

Part 4—Complaints 264 24 Complaints to ACMA—online content service provider rules ......264

Part 5—Enforcement 265 25 Compliance with the online content service provider rules ...........265

26 Remedial directions—breach of the online content service

provider rules.................................................................................265

Part 6—Miscellaneous 267 27 Minister may direct the ACMA about the exercise of its

powers ...........................................................................................267

28 Service of notices by electronic means..........................................267

29 Service of summons, process or notice on corporations

incorporated outside Australia .......................................................267

30 This Schedule does not limit Schedule 5 or 7................................268

31 Schedule 5 or 7 does not limit this Schedule .................................268

32 Implied freedom of political communication.................................268

33 Acquisition of property..................................................................269

34 Concurrent operation of State and Territory laws..........................269

35 Schedule not to affect performance of State or Territory

functions ........................................................................................269

Endnotes 270

Endnote 1—About the endnotes 270

Endnote 2—Abbreviation key 272

Endnote 3—Legislation history 273

Endnote 4—Amendment history 288

Endnote 5—Editorial changes 358

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Introduction Part 1

Clause 1

Broadcasting Services Act 1992 1

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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 and datacasters access to the towers for

the purposes of installing or maintaining digital transmitters.

Applications to the AAT 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:

AAT means the Administrative Appeals 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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 1 Introduction

Clause 2

2 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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;

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 3

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 1 Introduction

Clause 4

4 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Introduction Part 1

Clause 5A

Broadcasting Services Act 1992 5

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 1 Introduction

Clause 5D

6 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Introduction Part 1

Clause 5D

Broadcasting Services Act 1992 7

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) the service is promoted as a service that is distinct from any

other national television broadcasting service provided by the

Corporation concerned.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 3 ABC/SBS television

Clause 36

8 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

(b) a subscription radio broadcasting service; or

(c) a subscription television broadcasting service; or

(d) a subscription radio narrowcasting service; or

(e) a subscription television narrowcasting service; or

(f) an open narrowcasting radio service; or

(g) an open narrowcasting television service.

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Primary television broadcasting services Part 4A

Commercial television broadcasting services Division 1

Clause 41G

Broadcasting Services Act 1992 9

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4A—Primary television broadcasting services

Division 1—Commercial television broadcasting services

41G Primary commercial television broadcasting service

(2) The ACMA may, by legislative instrument, declare that a specified

multi-channelled commercial television broadcasting service

provided by a commercial television broadcasting licensee for the

licence area of the licence is the licensee’s primary commercial

television broadcasting service in the licence area.

(3) The ACMA must ensure that a declaration under subclause (2) is in

force at all times after the licensee commences to provide a

multi-channelled commercial television broadcasting service in the

licence area.

Service provided under a section 38C licence

(4) The ACMA may, by legislative instrument, declare that one or

more specified multi-channelled commercial television

broadcasting services provided by a commercial television

broadcasting licensee whose licence was allocated under

section 38C are the licensee’s primary commercial television

broadcasting services in the licence area.

(5) The number of services declared under subclause (4) in relation to

a particular licensee must not exceed 3.

(6) The ACMA must ensure that a declaration under subclause (4) is in

force at all times for the licence area concerned.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 4A Primary television broadcasting services

Division 2 National television broadcasting services

Clause 41M

10 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—National television broadcasting services

41M Primary national television broadcasting service

(1) A national broadcaster must, by written notice given to the

Minister, declare that a specified multi-channelled national

television broadcasting service provided by the national

broadcaster in a specified coverage area is the broadcaster’s

primary national television broadcasting service in the coverage

area.

(2) The national broadcaster must ensure that a declaration under

subclause (1) is in force at all times, for the coverage area

concerned.

41N Primary satellite national television broadcasting service

Primary national television broadcasting service

(1) A national broadcaster must, by written notice given to the

Minister, declare that a specified multi-channelled national

television broadcasting service provided by the national

broadcaster, with the use of a satellite, in a specified satellite

delivery area is the broadcaster’s primary satellite national

television broadcasting service in the satellite delivery area.

(2) The national broadcaster must ensure that a declaration under

subclause (1):

(a) comes into force as soon as practicable after the national

broadcaster commences to provide a multi-channelled

national television broadcasting service, with the use of a

satellite, in the satellite delivery area; and

(b) is in force at all times after that commencement.

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 42

Broadcasting Services Act 1992 11

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Transmitter access regime

42 Simplified outline

The following is a simplified outline of this Part:

• The owner or operator of a broadcasting transmission tower or

a designated associated facility must provide:

(a) the holder of a commercial television broadcasting

licence; or

(b) a national broadcaster;

with access to the tower or facility.

• The owner or operator of a broadcasting transmission tower or

a designated associated facility must provide a datacaster with

access to the tower or facility.

• The owner or operator of a broadcasting transmission tower

must provide:

(a) the holder of a commercial television broadcasting

licence; or

(b) a national broadcaster;

with access to the site of the tower.

• The owner or operator of a broadcasting transmission tower

must provide a datacaster with access to the site of the tower.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 43

12 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

43 Definitions

In this Part:

ACCC means the Australian Competition and Consumer

Commission.

commercial television broadcasting licence does not include a

commercial television broadcasting licence allocated under

section 38C.

datacaster means a person who holds a datacasting transmitter

licence.

datacasting transmitter licence does not include an authorisation

under section 114 of the Radiocommunications Act 1992.

designated associated facility has the meaning given by

clause 43A.

facility includes apparatus, equipment, a structure, a line or an

electricity cable or wire.

site means:

(a) land; or

(b) a building on land; or

(c) a structure on land.

43A Designated associated facilities

For the purposes of this Part, a designated associated facility

means any of the following facilities:

(a) an antenna;

(b) a combiner;

(c) a feeder system;

(d) a facility of a kind specified in the regulations;

where:

(e) the facility is, or is to be, associated with a transmitter; and

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 44

Broadcasting Services Act 1992 13

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(f) the facility is used, or capable of being used, in connection

with:

(i) the transmission of a television broadcasting service in

digital mode; or

(ii) the provision of datacasting services in digital mode.

44 Extended meaning of access

(1) For the purposes of this Part, giving access to a tower includes

replacing the tower with another tower located on the same site and

giving access to the replacement tower.

(2) For the purposes of this Part, giving access to a site on which is

situated a tower includes replacing the tower with another tower

located on the site.

(3) For the purposes of this Part, giving access to a designated

associated facility includes:

(a) replacing the facility with another facility located on the

same site and giving access to the replacement facility; or

(b) giving access to a service provided by means of the

designated associated facility.

45 Access to broadcasting transmission towers

Television broadcasting services in digital mode

(1) The owner or operator of a broadcasting transmission tower must,

if requested to do so by the holder of a commercial television

broadcasting licence (the access seeker), or a national broadcaster

(also the access seeker), give the access seeker access to the tower.

(2) The owner or operator of the broadcasting transmission tower is

not required to comply with subclause (1) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to install or maintain a transmitter and/or

associated facilities used, or for use, wholly or principally in

connection with the transmission of the access seeker’s

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 45

14 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

television broadcasting service or services in digital mode;

and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Datacasting services in digital mode

(3) The owner or operator of a broadcasting transmission tower must,

if requested to do so by a datacaster (the access seeker), give the

access seeker access to the tower.

(4) The owner or operator of the broadcasting transmission tower is

not required to comply with subclause (3) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to install or maintain a transmitter and/or

associated facilities used, or for use, in connection with the

provision of datacasting services in digital mode; and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Compliance not technically feasible

(5) The owner or operator of a broadcasting transmission tower is not

required to comply with subclause (1) or (3) if there is in force a

written certificate issued by the ACMA stating that, in the

ACMA’s opinion, compliance with subclause (1) or (3), as the case

may be, in relation to that tower is not technically feasible.

(6) In determining whether compliance with subclause (1) or (3) in

relation to a tower is technically feasible, the ACMA must have

regard to:

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on,

the tower; and

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 45A

Broadcasting Services Act 1992 15

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) if compliance is likely to have a result referred to in

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

(i) changing the configuration or operating parameters of a

facility situated on the tower; and

(ii) making alterations to the tower; and

(d) such other matters (if any) as the ACMA considers relevant.

Issue of certificate

(7) If the ACMA receives a request to make a decision about the issue

of a certificate under subclause (5), the ACMA must use its best

endeavours to make that decision within 10 business days after the

request was made.

45A Access to designated associated facilities

(1) This clause applies to a designated associated facility if the facility

is situated on, at, in or under:

(a) a broadcasting transmission tower; or

(b) the site on which a broadcasting transmission tower is

situated.

Television broadcasting services in digital mode

(2) The owner or operator of the designated associated facility must, if

requested to do so by the holder of a commercial television

broadcasting licence (the access seeker), or a national broadcaster

(also called the access seeker), give the access seeker access to the

facility.

(3) The owner or operator of the designated associated facility is not

required to comply with subclause (2) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to use the facility, or a service provided by

means of the facility, wholly or principally in connection

with the transmission of the access seeker’s television

broadcasting service or services in digital mode; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 45A

16 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Datacasting services in digital mode

(4) The owner or operator of the designated associated facility must, if

requested to do so by a datacaster (the access seeker), give the

access seeker access to the facility.

(5) The owner or operator of the designated associated facility is not

required to comply with subclause (4) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to use the facility, or a service provided by

means of the facility, wholly or principally in connection

with the provision of datacasting services in digital mode;

and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Compliance not technically feasible

(6) The owner or operator of a designated associated facility is not

required to comply with subclause (2) or (4) if there is in force a

written certificate issued by the ACMA stating that, in the

ACMA’s opinion, compliance with subclause (2) or (4), as the case

may be, in relation to that facility is not technically feasible.

(7) In determining whether compliance with subclause (2) or (4) in

relation to a facility is technically feasible, the ACMA must have

regard to:

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on, a

facility situated on the site; and

(c) if compliance is likely to have a result referred to in

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 46

Broadcasting Services Act 1992 17

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(i) changing the configuration or operating parameters of a

facility situated on the site; and

(ii) making alterations to a facility situated on the site; and

(d) such other matters (if any) as the ACMA considers relevant.

Issue of certificate

(8) If the ACMA receives a request to make a decision about the issue

of a certificate under subclause (6), the ACMA must use its best

endeavours to make that decision within 10 business days after the

request was made.

Exemptions

(9) The regulations may provide for exemptions from subclauses (2)

and (4).

(10) Regulations made for the purposes of subclause (9) may make

provision with respect to a matter by conferring on the ACCC a

power to make a decision of an administrative character.

46 Access to sites of broadcasting transmission towers

Television broadcasting services in digital mode

(1) The owner or operator of a broadcasting transmission tower must,

if requested to do so by the holder of a commercial television

broadcasting licence (the access seeker), or a national broadcaster

(also the access seeker), give the access seeker access to a site if:

(a) the tower is situated on the site; and

(b) either:

(i) the site is owned, occupied or controlled by the owner

or operator of the tower; or

(ii) the owner or operator of the tower has a right (either

conditional or unconditional) to use the site.

(2) The owner or operator of the broadcasting transmission tower is

not required to comply with subclause (1) unless:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 46

18 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) the access is provided for the sole purpose of enabling the

access seeker to install or maintain a transmitter and/or

associated facilities used, or for use, wholly or principally in

connection with the transmission of the access seeker’s

television broadcasting service or services in digital mode;

and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Datacasting services in digital mode

(3) The owner or operator of a broadcasting transmission tower must,

if requested to do so by a datacaster (the access seeker), give the

access seeker access to a site if the tower is situated on the site.

(4) The owner or operator of the broadcasting transmission tower is

not required to comply with subclause (3) unless:

(a) the access is provided for the sole purpose of enabling the

access seeker to install or maintain a transmitter and/or

associated facilities used, or for use, in connection with the

provision of datacasting services in digital mode; and

(b) the access seeker gives the owner or operator reasonable

notice that the access seeker requires the access.

Compliance not technically feasible

(5) The owner or operator of a broadcasting transmission tower is not

required to comply with subclause (1) or (3) if there is in force a

written certificate issued by the ACMA stating that, in the

ACMA’s opinion, compliance with subclause (1) or (3), as the case

may be, in relation to that tower is not technically feasible.

(6) In determining whether compliance with subclause (1) or (3) in

relation to a site is technically feasible, the ACMA must have

regard to:

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 47

Broadcasting Services Act 1992 19

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on, a

facility situated on the site; and

(c) if compliance is likely to have a result referred to in

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

(i) changing the configuration or operating parameters of a

facility situated on the site; and

(ii) making alterations to a facility situated on the site; and

(d) such other matters (if any) as the ACMA considers relevant.

Issue of certificate

(7) If the ACMA receives a request to make a decision about the issue

of a certificate under subclause (5), the ACMA must use its best

endeavours to make that decision within 10 business days after the

request was made.

47 Terms and conditions of access

Access to towers

(1) The owner or operator of a broadcasting transmission tower must

comply with subclause 45(1) or (3) on such terms and conditions

as are:

(a) agreed between the following parties:

(i) the owner or operator;

(ii) the access seeker (within the meaning of that

subclause); or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 47

20 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Access to designated associated facilities

(1A) The owner or operator of a designated associated facility must

comply with subclause 45A(2) or (4) on such terms and conditions

as are:

(a) agreed between the following parties:

(i) the owner or operator;

(ii) the access seeker (within the meaning of that

subclause); or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

Access to sites

(2) The owner or operator of a broadcasting transmission tower must

comply with subclause 46(1) or (3) on such terms and conditions

as are:

(a) agreed between the following parties:

(i) the owner or operator;

(ii) the access seeker (within the meaning of that

subclause); or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

Conduct of arbitration

(3) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

(4) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Transmitter access regime Part 5

Clause 48

Broadcasting Services Act 1992 21

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

those members are to be nominated in writing by the Chair of the

ACCC.

(5) Subclause (4) does not, by implication, limit subclause (3).

48 Code relating to access

(1) The ACCC may, by legislative instrument, make a Code setting out

conditions that are to be complied with in relation to the provision

of access under this Part.

(2) Before making an instrument under subclause (1), the ACCC must

consult:

(a) commercial television broadcasting licensees; and

(b) national broadcasters; and

(c) owners and operators of broadcasting transmission towers.

(3) An access seeker must comply with the Code.

(4) The owner or operator of a broadcasting transmission tower must

comply with the Code, to the extent to which the Code relates to

the provision of access under clause 45 or 46.

(4A) The owner or operator of a designated associated facility must

comply with the Code, to the extent to which the Code relates to

the provision of access under clause 45A.

49 Arbitration—acquisition of property

(1) This clause applies to a provision of this Part that authorises the

conduct of an arbitration (whether by the ACCC or another

person).

(2) The provision has no effect to the extent (if any) to which it

purports to authorise the acquisition of property if that acquisition:

(a) is otherwise than on just terms; and

(b) would be invalid because of paragraph 51(xxxi) of the

Constitution.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 4 Digital television broadcasting

Part 5 Transmitter access regime

Clause 50

22 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) In this clause:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

50 Relationship between this Part and the National Transmission

Network Sale Act 1998

Part 3 of the National Transmission Network Sale Act 1998 does

not apply in relation to an access seeker seeking access to a

broadcasting transmission tower or a site to the extent to which this

Part applies in relation to the access seeker seeking access to that

tower or site.

Authorised Version C2018C00375 registered 17/09/2018

Digital television broadcasting Schedule 4

Review of decisions Part 10

Clause 62

Broadcasting Services Act 1992 23

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 10—Review of decisions

62 Review by the AAT

Transmitter access regime

(5) An application may be made to the AAT for a review of a decision

of the ACMA to issue a certificate under subclause 45(5), 45A(6)

or 46(5).

(6) An application under subclause (5) may only be made by the

access seeker concerned.

(7) An application may be made to the AAT for a review of a decision

of the ACMA to refuse to issue a certificate under subclause 45(5)

or 46(5).

(8) An application under subclause (7) may only be made by the

owner or operator of the broadcasting transmission tower

concerned.

(9) An application may be made to the AAT for a review of a decision

of the ACMA to refuse to issue a certificate under

subclause 45A(6).

(10) An application under subclause (9) may only be made by the

owner or operator of the designated associated facility concerned.

63 Notification of decisions to include notification of reasons and

appeal rights

If the ACMA makes a decision that is reviewable under clause 62,

the ACMA is to include in the document by which the decision is

notified:

(a) a statement setting out the reasons for the decision; and

(b) a statement to the effect that an application may be made to

the AAT for a review of the decision.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 1 Introduction

Clause 2

24 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Schedule 5—Online services Note: See section 216B.

Part 1—Introduction

2 Simplified outline

The following is a simplified outline of this Schedule:

• This Schedule sets up a system for regulating certain aspects

of the internet industry.

• If the Commissioner is satisfied that internet content hosted

outside Australia is prohibited content or potential prohibited

content, the Commissioner must:

(a) if the Commissioner considers that the content is of

a sufficiently serious nature to warrant referral to a

law enforcement agency—notify the content to an

Australian police force; and

(b) notify the content to internet service providers so

that the providers can deal with the content in

accordance with procedures specified in an

industry code or industry standard (for example,

procedures for the filtering, by technical means, of

such content).

• Bodies and associations that represent the internet service

provider section of the internet industry may develop industry

codes.

• The Commissioner has a reserve power to make an industry

standard if there are no industry codes or if an industry code is

deficient.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Introduction Part 1

Clause 3

Broadcasting Services Act 1992 25

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

• The Commissioner may make online provider determinations

regulating internet service providers.

3 Definitions

In this Schedule, unless the contrary intention appears:

AAT means the Administrative Appeals Tribunal.

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.

adult means an individual who is 18 or older.

Australia, when used in a geographical sense, includes all the

external Territories.

Australian police force means:

(a) the Australian Federal Police; or

(b) the police force of a State or Territory.

child means an individual who is not an adult.

civil proceeding includes a civil action.

Classification Board means the Classification Board established

by the Classification (Publications, Films and Computer Games)

Act 1995.

classified means classified under Schedule 7.

computer game has the same meaning as in the Classification

(Publications, Films and Computer Games) Act 1995.

data storage device means any article or material (for example, a

disk) from which information is capable of being reproduced, with

or without the aid of any other article or device.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 1 Introduction

Clause 3

26 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

designated notification scheme means a scheme:

(a) in the nature of a scheme for substituted service; and

(b) under which the Commissioner is taken, for the purposes of

this Schedule, to have notified each internet service provider

of a matter or thing.

Note: For example, the Commissioner may make matters or things available

on the internet (with or without security measures).

film has the same meaning as in the Classification (Publications,

Films and Computer Games) Act 1995.

Note: Film is defined broadly in that Act, and includes any form of

recording from which a visual image can be produced.

immediate circle has the same meaning as in the

Telecommunications Act 1997.

information means information:

(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.

internet carriage service means a listed carriage service that

enables end-users to access the internet.

internet content means information that:

(a) is kept on a data storage device; and

(b) is accessed, or available for access, using an internet carriage

service;

but does not include:

(c) ordinary email; or

(d) information that is transmitted in the form of a broadcasting

service.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Introduction Part 1

Clause 5

Broadcasting Services Act 1992 27

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

internet content host means a person who hosts internet content in

Australia, or who proposes to host internet content in Australia.

internet service provider has the meaning given by clause 8.

listed carriage service has the same meaning as in the

Telecommunications Act 1997.

online provider rule has the meaning given by clause 79.

ordinary email does not include a posting to a newsgroup.

point-to-multipoint service has the same meaning as in the

Telecommunications Act 1997.

potential prohibited content has the same meaning as in

Schedule 7.

prohibited content has the same meaning as in Schedule 7.

special access-prevention notice means a notice under clause 47.

standard access-prevention notice means a notice under

paragraph 40(1)(c) of this Schedule.

5 Internet content that consists of a film

For the purposes of this Schedule, in determining whether internet

content consists of the entire unmodified contents of a film,

disregard any differences between:

(a) the technique used to embody sounds and/or visual images in

the film; and

(b) the technique used to embody the sounds and/or visual

images in a form in which they can be accessed on the

internet.

7 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:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 1 Introduction

Clause 7

28 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) in isolation; or

(b) in conjunction with one or more other things.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Internet service providers Part 2

Clause 8

Broadcasting Services Act 1992 29

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 2—Internet service providers

8 Internet service providers

Basic definition

(1) For the purposes of this Schedule, if a person supplies, or proposes

to supply, an internet carriage service to the public, the person is an

internet service provider.

Declared internet service providers

(2) The Minister may, by legislative instrument, declare that a

specified person who supplies, or proposes to supply, a specified

internet carriage service is an internet service provider for the

purposes of this Schedule. A declaration under this subclause has

effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

9 Supply to the public

(1) This clause sets out the circumstances in which an internet carriage

service is taken, for the purposes of subclause 8(1), to be supplied

to the public.

(2) If:

(a) an internet carriage service is used for the carriage of

information between 2 end-users; and

(b) each end-user is outside the immediate circle of the supplier

of the service;

the service is supplied to the public.

Note: If a company makes internet content available for access on the

internet, and an individual obtains access to the content using an

internet carriage service, the company and the individual are end-users

in relation to the carriage of the content by the internet carriage

service.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 2 Internet service providers

Clause 9

30 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) If:

(a) an internet carriage service is used to supply

point-to-multipoint services to end-users; and

(b) at least one end-user is outside the immediate circle of the

supplier of the service;

the service is supplied to the public.

(4) If:

(a) an internet carriage service is used to supply designated

content services (other than point-to-multipoint services) to

end-users; and

(b) at least one end-user is outside the immediate circle of the

supplier of the service;

the service is supplied to the public.

(5) For the purposes of this clause, a designated content service is a

content service of a kind specified in a determination made by the

Minister by legislative instrument.

(7) In this clause:

content service has the same meaning as in the

Telecommunications Act 1997.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Making of complaints to the Commissioner Division 1

Clause 23

Broadcasting Services Act 1992 31

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Complaints to, and investigations by, the

Commissioner

Division 1—Making of complaints to the Commissioner

23 Complaints about breaches of online provider rules etc.

If a person has reason to believe that an internet service provider:

(a) has contravened a code registered under Part 5 of this

Schedule that is applicable to the provider; or

(b) has contravened an online provider rule that is applicable to

the provider;

the person may make a complaint to the Commissioner about the

matter.

24 Form of complaint

(1) A complaint under this Division is to be in writing.

(2) However, the Commissioner may permit complaints to be given, in

accordance with specified software requirements, by way of a

specified kind of electronic transmission.

25 Residency etc. of complainant

A person is not entitled to make a complaint under this Division

unless the person is:

(a) an individual who resides in Australia; or

(b) a body corporate that carries on activities in Australia; or

(c) the Commonwealth, a State or a Territory.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 2 Investigations by the Commissioner

Clause 27

32 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Investigations by the Commissioner

27 Commissioner may investigate matters

If the Commissioner thinks that it is desirable to do so, the

Commissioner may, on his or her own initiative or in response to a

complaint made under Division 1, investigate whether an internet

service provider:

(a) has contravened a code registered under Part 5 of this

Schedule that is applicable to the provider; or

(b) has contravened an online provider rule that is applicable to

the provider.

28 Conduct of investigations

(1) An investigation under this Division is to be conducted as the

Commissioner thinks fit.

(2) The Commissioner may, for the purposes of an investigation,

obtain information from such persons, and make such inquiries, as

he or she thinks fit.

(3) This clause has effect subject to Part 13 of this Act (which confers

certain investigative powers on the Commissioner).

29 Protection from civil proceedings

Civil proceedings do not lie against a person in respect of loss,

damage or injury of any kind suffered by another person because

of any of the following acts done in good faith:

(a) the making of a complaint under Division 1;

(b) the making of a statement to, or the giving of a document or

information to, the Commissioner in connection with an

investigation under this Division.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 40

Broadcasting Services Act 1992 33

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Action to be taken in relation to a complaint

about prohibited content hosted outside Australia

40 Action to be taken in relation to a complaint about prohibited

content hosted outside Australia

(1) If, in the course of an investigation under Division 2 of Part 3 of

Schedule 7, the Commissioner is satisfied that internet content

hosted outside Australia is prohibited content or potential

prohibited content, the Commissioner must:

(a) if the Commissioner considers the content is of a sufficiently

serious nature to warrant referral to a law enforcement

agency (whether in or outside Australia)—notify the content

to:

(i) a member of an Australian police force; or

(ii) if there is an arrangement between the Commissioner

and the chief (however described) of an Australian

police force under which the Commissioner is

authorised to notify the content to a another person or

body (whether in or outside Australia)—that other

person or body; and

(b) if a code registered, or standard determined, under Part 5 of

this Schedule deals with the matters referred to in

subclause 60(2)—notify the content to internet service

providers under the designated notification scheme set out in

the code or standard, as the case may be; and

(c) if paragraph (b) does not apply—give each internet service

provider known to the Commissioner a written notice (a

standard access-prevention notice) directing the provider to

take all reasonable steps to prevent end-users from accessing

the content.

Note: The Commissioner may be taken to have given a notice under

paragraph (c)—see clause 51.

(2) For the purposes of paragraph (1)(c), in determining whether

particular steps are reasonable, regard must be had to:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 40

34 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) the technical and commercial feasibility of taking the steps;

and

(b) the matters set out in subsection 4(3).

(3) Subclause (2) does not, by implication, limit the matters to which

regard must be had.

Recognised alternative access-prevention arrangements

(4) An internet service provider is not required to comply with a

standard access-prevention notice in relation to a particular

end-user if access by the end-user is subject to a recognised

alternative access-prevention arrangement (as defined by

subclause (5)) that is applicable to the end-user.

(5) The Commissioner may, by legislative instrument, declare that a

specified arrangement is a recognised alternative

access-prevention arrangement for the purposes of the application

of this Division to one or more specified end-users if the

Commissioner is satisfied that the arrangement is likely to provide

a reasonably effective means of preventing access by those

end-users to prohibited content and potential prohibited content.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) The following are examples of arrangements that could be declared

to be recognised alternative access-prevention arrangements under

subclause (5):

(a) an arrangement that involves the use of regularly updated

internet content filtering software;

(b) an arrangement that involves the use of a “family-friendly”

filtered internet carriage service.

Referral to law enforcement agency

(8) The manner in which internet content may be notified under

paragraph (1)(a) to a member of an Australian police force includes

(but is not limited to) a manner ascertained in accordance with an

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 41

Broadcasting Services Act 1992 35

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

arrangement between the Commissioner and the chief (however

described) of the police force concerned.

(9) If a member of an Australian police force is notified of particular

internet content under this clause, the member may notify the

content to a member of another law enforcement agency (whether

in or outside Australia).

(10) This clause does not, by implication, limit the Commissioner’s

powers to refer other matters to a member of an Australian police

force.

41 Deferral of action in order to avoid prejudicing a criminal

investigation

(1) If:

(a) in the course of an investigation under Division 2 of Part 3 of

Schedule 7, the Commissioner is satisfied that internet

content hosted outside Australia is prohibited content or

potential prohibited content; and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 40(1) in relation to

the content; and

(c) a member of an Australian police force satisfies the

Commissioner that the taking of that action should be

deferred until the end of a particular period in order to avoid

prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that

period.

(2) Subclause (1) has effect despite anything in clause 40.

42 Withdrawal of notification of content—reclassification of internet

content

(1) If:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 43

36 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) internet content has been classified by the Classification

Board (otherwise than because of subclause 24(1) or (2) of

Schedule 7); and

(b) the internet content has been notified to internet service

providers as mentioned in paragraph 40(1)(b) of this

Schedule; and

(c) the Classification Board reclassifies the internet content; and

(d) as a result of the reclassification, the internet content ceases

to be prohibited content;

the notification of the internet content is taken to have been

withdrawn.

(2) If:

(a) a notification of internet content is withdrawn under

subclause (1); and

(b) a code registered, or standard determined, under Part 5 of this

Schedule deals with the matters referred to in

subclause 60(2);

the Commissioner must notify the withdrawal to internet service

providers under the designated notification scheme set out in the

code or standard, as the case may be.

43 Withdrawal of notification of content—reclassification of internet

content that consists of a film or a computer game

(1) If:

(a) internet content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the Classification Board reclassifies the film or computer

game under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) the internet content has been notified to internet service

providers as mentioned in paragraph 40(1)(b) of this

Schedule; and

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 44

Broadcasting Services Act 1992 37

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) as a result of the reclassification, the internet content ceases

to be prohibited content;

the notification of the internet content is taken to have been

withdrawn.

(2) If:

(a) a notification of internet content is withdrawn under

subclause (1); and

(b) a code registered, or standard determined, under Part 5 of this

Schedule deals with the matters referred to in

subclause 60(2);

the Commissioner must notify the withdrawal to internet service

providers under the designated notification scheme set out in the

code or standard, as the case may be.

44 Revocation of standard access-prevention notice—reclassification

of internet content

(1) If:

(a) internet content has been classified by the Classification

Board (otherwise than because of subclause 24(1) or (2) of

Schedule 7); and

(b) a standard access-prevention notice relating to the internet

content is applicable to a particular internet service provider;

and

(c) the Classification Board reclassifies the internet content; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner is taken to have revoked the standard

access-prevention notice.

(2) If a standard access-prevention notice is revoked under this clause,

the Commissioner must give the internet service provider

concerned a written notice stating that the standard

access-prevention notice has been revoked.

Note: The Commissioner may be taken to have given a notice under

subclause (2)—see clause 51.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 45

38 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

45 Revocation of standard access-prevention notice—reclassification

of internet content that consists of a film or a computer

game

(1) If:

(a) internet content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the Classification Board reclassifies the film or computer

game under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) a standard access-prevention notice relating to the internet

content is applicable to a particular internet service provider;

and

(d) as a result of the reclassification, the internet content ceases

to be prohibited content;

the Commissioner is taken to have revoked the standard

access-prevention notice.

(2) If a standard access-prevention notice is revoked under this clause,

the Commissioner must give the internet service provider

concerned a written notice stating that the standard

access-prevention notice has been revoked.

Note: The Commissioner may be taken to have given a notice under

subclause (2)—see clause 51.

46 Anti-avoidance—notified internet content

(1) If:

(a) particular internet content has been notified to internet

service providers as mentioned in paragraph 40(1)(b) of this

Schedule; and

(b) the notification has not been withdrawn; and

(c) the Commissioner is satisfied that internet content (the

similar internet content) that is the same as, or substantially

similar to, the first-mentioned internet content is being hosted

outside Australia; and

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 47

Broadcasting Services Act 1992 39

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) the Commissioner is satisfied that the similar internet content

is prohibited content or potential prohibited content; and

(e) a code registered, or standard determined, under Part 5 of this

Schedule deals with the matters referred to in

subclause 60(2);

the Commissioner must notify the similar internet content to

internet service providers under the designated notification scheme

set out in the code or standard, as the case may be.

(2) If:

(a) particular internet content is notified to internet service

providers as mentioned in paragraph 40(1)(b) of this

Schedule; and

(b) as a result of the application of subclause (1) to that content,

the Commissioner notifies similar internet content to internet

service providers in accordance with subclause (1); and

(c) the notification of the first-mentioned content is withdrawn;

the notification of the similar internet content is taken to have been

withdrawn.

(3) If:

(a) a notification of internet content is withdrawn under

subclause (2); and

(b) a code registered, or standard determined, under Part 5 of this

Schedule deals with the matters referred to in

subclause 60(2);

the Commissioner must notify the withdrawal to internet service

providers under the designated notification scheme set out in the

code or standard, as the case may be.

47 Anti-avoidance—special access-prevention notice

(1) If:

(a) a standard access-prevention notice relating to particular

internet content is applicable to a particular internet service

provider; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 47

40 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the Commissioner is satisfied that the internet service

provider is supplying an internet carriage service that enables

end-users to access internet content (the similar internet

content) that is the same as, or substantially similar to, the

internet content identified in the standard access-prevention

notice; and

(c) the Commissioner is satisfied that the similar internet content

is prohibited content or potential prohibited content;

the Commissioner may give the provider a written notice (special

access-prevention notice) directing the provider to take all

reasonable steps to prevent end-users from accessing the similar

internet content at any time when the standard access-prevention

notice is in force.

Note: The Commissioner may be taken to have given a notice under this

clause—see clause 51.

(2) For the purposes of subclause (1), in determining whether

particular steps are reasonable, regard must be had to:

(a) the technical and commercial feasibility of taking the steps;

and

(b) the matters set out in subsection 4(3).

(3) Subclause (2) does not, by implication, limit the matters to which

regard must be had.

Recognised alternative access-prevention arrangements

(4) An internet service provider is not required to comply with a

special access-prevention notice in relation to a particular end-user

if access by the end-user is subject to a recognised alternative

access-prevention arrangement (as defined by subclause 40(5)) that

is applicable to the end-user.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Complaints to, and investigations by, the Commissioner Part 4

Action to be taken in relation to a complaint about prohibited content hosted outside

Australia Division 4

Clause 48

Broadcasting Services Act 1992 41

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

48 Compliance with access-prevention notices

Standard access-prevention notice

(1) An internet service provider must comply with a standard

access-prevention notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Special access-prevention notice

(2) An internet service provider must comply with a special

access-prevention notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Note: For enforcement, see Part 6 of this Schedule.

49 Notification of internet content

Internet content may be notified in accordance with this Division

by:

(a) setting out the content; or

(b) describing the content; or

(c) in any other way.

50 Application of notifications under this Division

A notification under this Division applies to particular internet

content only to the extent to which the content is accessed, or

available for access, from a website, or a distinct part of a website,

specified in the notification.

Note: For specification by class, see subsection 33(3AB) of the Acts

Interpretation Act 1901.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 4 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to a complaint about prohibited content hosted

outside Australia

Clause 51

42 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

51 Commissioner may be taken to have issued access-prevention

notices

(1) Subject to subclause (2), the Commissioner may, by legislative

instrument, formulate a scheme:

(a) in the nature of a scheme for substituted service; and

(b) under which the Commissioner is taken, for the purposes of

this Schedule, to have done any or all of the following:

(i) given each internet service provider a standard

access-prevention notice under paragraph 40(1)(c) of

this Schedule;

(ii) in a case where a standard access-prevention notice is

revoked under clause 44 or 45—given each internet

service provider a notice of the revocation under

whichever of subclause 44(2) or 45(2) is applicable;

(iii) given each internet service provider a special

access-prevention notice under clause 47.

(2) It is a minimum requirement for a scheme formulated under

subclause (1) that each internet service provider be alerted by

electronic means to the existence of a notice.

Note: For example, it is not sufficient for the Commissioner to make notices

available on the internet (with or without security measures) without

notifying internet service providers that a notice has been issued.

(3) Paragraph 40(1)(c) of this Schedule has effect, in relation to a

scheme under subclause (1), as if the reference in that paragraph to

each internet service provider known to the Commissioner were a

reference to each internet service provider.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Simplified outline Division 1

Clause 52

Broadcasting Services Act 1992 43

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Industry codes and industry standards

Division 1—Simplified outline

52 Simplified outline

The following is a simplified outline of this Part.

• Bodies and associations that represent the internet service

provider section of the internet industry may develop industry

codes.

• Industry codes may be registered by the Commissioner.

• Compliance with an industry code is voluntary unless the

Commissioner directs a particular participant in the internet

industry to comply with the code.

• The Commissioner has a reserve power to make an industry

standard if there are no industry codes or if an industry code is

deficient.

• Compliance with industry standards is mandatory.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 2 Interpretation

Clause 53

44 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Interpretation

53 Industry codes

For the purposes of this Part, an industry code is a code developed

under this Part (whether or not in response to a request under this

Part).

54 Industry standards

For the purposes of this Part, an industry standard is a standard

determined under this Part.

55 Internet activity

For the purposes of this Part, an internet activity is an activity that

consists of supplying an internet carriage service.

56 Section of the internet industry

(1) For the purposes of this Part, a section of the internet industry is to

be ascertained in accordance with this clause.

(2) For the purposes of this Part, the group consisting of internet

service providers constitutes a section of the internet industry.

57 Participants in a section of the internet industry

For the purposes of this Part, if a person is a member of a group

that constitutes a section of the internet industry, the person is a

participant in that section of the internet industry.

58 Designated body

The Minister may, by legislative instrument, declare that a

specified body or association is the designated body for the

purposes of this Part. The declaration has effect accordingly.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

General principles relating to industry codes and industry standards Division 3

Clause 59

Broadcasting Services Act 1992 45

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 3—General principles relating to industry codes

and industry standards

59 Statement of regulatory policy

(2) The Parliament intends that bodies or associations that the

Commissioner is satisfied represent the internet service provider

section of the internet industry should develop no more than 2

codes (industry codes) that are to apply to participants in that

section of the industry in relation to the internet activities of the

participants.

(3) The Parliament intends that, for the internet service provider

section of the internet industry, one of those industry codes should

deal exclusively with the matters set out in subclause 60(2).

60 Matters that must be dealt with by industry codes and industry

standards

General matters

(1) The Parliament intends that, for the internet service provider

section of the internet industry, there should be:

(a) an industry code or an industry standard that deals with; or

(b) an industry code and an industry standard that together deal

with;

each of the following matters:

(c) procedures directed towards the achievement of the objective

of ensuring that online accounts are not provided to children

without the consent of a parent or responsible adult;

(d) giving parents and responsible adults information about how

to supervise and control children’s access to internet content;

(e) procedures to be followed in order to assist parents and

responsible adults to supervise and control children’s access

to internet content;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 60

46 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(f) procedures to be followed in order to inform producers of

internet content about their legal responsibilities in relation to

that content;

(g) telling customers about their rights to make complaints under

clause 23;

(h) procedures to be followed in order to assist customers to

make complaints under clause 23;

(i) procedures to be followed in order to deal with complaints

about unsolicited email that promotes or advertises one or

more:

(i) websites; or

(ii) distinct parts of websites;

that enable, or purport to enable, end-users to access

information that is likely to cause offence to a reasonable

adult;

(j) subject to subclause (8A), action to be taken to assist in the

development and implementation of internet content filtering

technologies (including labelling technologies);

(k) subject to subclause (8A), giving customers information

about the availability, use and appropriate application of

internet content filtering software;

(l) subject to subclause (8A), procedures directed towards the

achievement of the objective of ensuring that customers have

the option of subscribing to a filtered internet carriage

service;

(la) if a determination is in force under subclause (8A) in relation

to a device:

(i) procedures to be followed in order to inform the users of

such a device of the unavailability of internet content

filtering; and

(ii) procedures directed towards the achievement of the

objective of ensuring that customers have the option of

blocking access to the internet using such a device;

(m) procedures directed towards the achievement of the objective

of ensuring that, in the event that a participant in the internet

service provider section of the internet industry becomes

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

General principles relating to industry codes and industry standards Division 3

Clause 60

Broadcasting Services Act 1992 47

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

aware that an internet content host is hosting prohibited

content in Australia, the host is told about the prohibited

content.

Other matters

(2) The Parliament intends that, for the internet service provider

section of the internet industry, there should be:

(a) an industry code or an industry standard that deals with; or

(b) an industry code and an industry standard that together deal

with;

each of the following matters:

(c) the formulation of a designated notification scheme;

(d) subject to subclause (8A), procedures to be followed by

internet service providers in dealing with internet content

notified under paragraph 40(1)(b) of this Schedule or

clause 46 (for example, procedures to be followed by a

particular class of internet service providers for the filtering,

by technical means, of such content).

Designated alternative access-prevention arrangements

(3) An industry code or an industry standard may provide that an

internet service provider is not required to deal with internet

content notified under paragraph 40(1)(b) of this Schedule or

clause 46 by taking steps to prevent particular end-users from

accessing the content if access by the end-users is subject to an

arrangement that is declared by the code or standard to be a

designated alternative access-prevention arrangement for the

purposes of the application of this clause to those end-users.

(4) An industry code developed by a body or association must not

declare that a specified arrangement is a designated alternative

access-prevention arrangement for the purposes of the application

of this clause to one or more specified end-users unless the body or

association is satisfied that the arrangement is likely to provide a

reasonably effective means of preventing access by those end-users

to prohibited content and potential prohibited content.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 60

48 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For specification by class, see subsection 33(3AB) of the Acts

Interpretation Act 1901.

(5) An industry standard made by the Commissioner must not declare

that a specified arrangement is a designated alternative

access-prevention arrangement for the purposes of the application

of this clause to one or more specified end-users unless the

Commissioner is satisfied that the arrangement is likely to provide

a reasonably effective means of preventing access by those

end-users to prohibited content and potential prohibited content.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) The following are examples of arrangements that could be declared

to be designated alternative access-prevention arrangements:

(a) an arrangement that involves the use of regularly updated

internet content filtering software;

(b) an arrangement that involves the use of a “family-friendly”

filtered internet carriage service.

(7) For the purposes of this Schedule, if an industry code:

(a) deals to any extent with procedures to be followed by internet

service providers in dealing with internet content notified

under paragraph 40(1)(b) of this Schedule or clause 46; and

(b) makes provision as mentioned in subclause (3);

then:

(c) the code is taken to deal with the matter set out in

paragraph (2)(d); and

(d) the code is taken to be consistent with subclause (2).

(8) For the purposes of this Schedule, if an industry standard:

(a) deals to any extent with procedures to be followed by internet

service providers in dealing with internet content notified

under paragraph 40(1)(b) of this Schedule or clause 46; and

(b) makes provision as mentioned in subclause (3);

then:

(c) the standard is taken to deal with the matter set out in

paragraph (2)(d); and

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

General principles relating to industry codes and industry standards Division 3

Clause 61

Broadcasting Services Act 1992 49

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) the standard is taken to be consistent with subclause (2).

Internet content filtering—devices

(8A) If the Minister is satisfied that internet content filtering is not

viable in relation to access to internet content using a particular

device (for example, a mobile telephone handset), the Minister

may, by legislative instrument, determine that paragraphs (1)(j), (k)

and (l) and (2)(d) do not apply in relation to access to internet

content using that device.

Clause does not limit matters

(9) This clause does not, by implication, limit the matters that may be

dealt with by industry codes and industry standards.

61 Industry codes and industry standards not to deal with certain

matters

For the purposes of this Part, an industry code or an industry

standard that deals with a particular matter has no effect to the

extent (if any) to which the matter is dealt with by:

(a) a code registered, or a standard determined, under Part 6 of

the Telecommunications Act 1997; or

(b) the Telecommunications Industry Ombudsman scheme

(within the meaning of that Act).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 4 Industry codes

Clause 62

50 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Industry codes

62 Registration of industry codes

(1) This clause applies if:

(a) the Commissioner is satisfied that a body or association

represents a particular section of the internet industry; and

(b) that body or association develops an industry code that

applies to participants in that section of the industry and deals

with one or more matters relating to the internet activities of

those participants; and

(c) the body or association gives a copy of the code to the

Commissioner; and

(d) the Commissioner is satisfied that:

(i) to the extent to which the code deals with one or more

matters of substantial relevance to the community—the

code provides appropriate community safeguards for

that matter or those matters; and

(ii) to the extent to which the code deals with one or more

matters that are not of substantial relevance to the

community—the code deals with that matter or those

matters in an appropriate manner; and

(e) the Commissioner is satisfied that, before giving the copy of

the code to the Commissioner:

(i) the body or association published a draft of the code and

invited members of the public to make submissions to

the body or association about the draft within a

specified period; and

(ii) the body or association gave consideration to any

submissions that were received from members of the

public within that period; and

(f) the Commissioner is satisfied that, before giving the copy of

the code to the Commissioner:

(i) the body or association published a draft of the code and

invited participants in that section of the industry to

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry codes Division 4

Clause 62

Broadcasting Services Act 1992 51

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

make submissions to the body or association about the

draft within a specified period; and

(ii) the body or association gave consideration to any

submissions that were received from participants in that

section of the industry within that period; and

(g) the Commissioner is satisfied that the designated body has

been consulted about the development of the code; and

(i) in a case where the code:

(i) relates to the internet service provider section of the

internet industry; and

(ii) does not deal with a matter set out in subclause 60(2);

the code is consistent with subclauses 59(2) and 60(1); and

(j) in a case where the code:

(i) relates to the internet service provider section of the

internet industry; and

(ii) deals with a matter set out in subclause 60(2);

the code is consistent with subclauses 59(2) and (3) and

60(2).

Note: Designated body is defined by clause 58.

(2) The Commissioner must register the code by including it in the

Register of industry codes kept under clause 78.

(3) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must

run for at least 30 days.

(4) If:

(a) an industry code (the new code) is registered under this Part;

and

(b) the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new

code is registered.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 4 Industry codes

Clause 63

52 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

63 Commissioner may request codes

(1) If the Commissioner is satisfied that a body or association

represents a particular section of the internet industry, the

Commissioner may, by written notice given to the body or

association, request the body or association to:

(a) develop an industry code that applies to participants in that

section of the industry and deals with one or more specified

matters relating to the internet activities of those participants;

and

(b) give the Commissioner a copy of the code within the period

specified in the notice.

(2) The period specified in a notice under subclause (1) must run for at

least 120 days.

(3) The Commissioner must not make a request under subclause (1) in

relation to a particular section of the internet industry unless the

Commissioner is satisfied that:

(a) the development of the code is necessary or convenient in

order to:

(i) provide appropriate community safeguards; or

(ii) otherwise deal with the performance or conduct of

participants in that section of the industry; and

(b) in the absence of the request, it is unlikely that an industry

code would be developed within a reasonable period.

(4) The Commissioner may vary a notice under subclause (1) by

extending the period specified in the notice.

(5) Subclause (4) does not, by implication, limit the application of

subsection 33(3) of the Acts Interpretation Act 1901.

(6) A notice under subclause (1) may specify indicative targets for

achieving progress in the development of the code (for example, a

target of 60 days to develop a preliminary draft of the code).

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry codes Division 4

Clause 64

Broadcasting Services Act 1992 53

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

64 Publication of notice where no body or association represents a

section of the internet industry

(1) If the Commissioner is satisfied that a particular section of the

internet industry is not represented by a body or association, the

Commissioner may publish a notice in the Gazette:

(a) stating that, if such a body or association were to come into

existence within a specified period, the Commissioner would

be likely to give a notice to that body or association under

subclause 63(1); and

(b) setting out the matter or matters relating to internet activities

that would be likely to be specified in the subclause 63(1)

notice.

(2) The period specified in a notice under subclause (1) must run for at

least 60 days.

65 Replacement of industry codes

(1) Changes to an industry code are to be achieved by replacing the

code instead of varying the code.

(2) If the replacement code differs only in minor respects from the

original code, clause 62 has effect, in relation to the registration of

the code, as if paragraphs 62(1)(e) and (f) of this Schedule had not

been enacted.

Note: Paragraphs 62(1)(e) and (f) deal with submissions about draft codes.

66 Compliance with industry codes

(1) If:

(a) a person is a participant in a particular section of the internet

industry; and

(b) the Commissioner is satisfied that the person has

contravened, or is contravening, an industry code that:

(i) is registered under this Part; and

(ii) applies to participants in that section of the industry;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 4 Industry codes

Clause 67

54 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

the Commissioner may, by written notice given to the person,

direct the person to comply with the industry code.

(2) A person must comply with a direction under subclause (1).

Note: For enforcement, see Part 6 of this Schedule.

67 Formal warnings—breach of industry codes

(1) This clause applies to a person who is a participant in a particular

section of the internet industry.

(2) The Commissioner may issue a formal warning if the person

contravenes an industry code registered under this Part.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry standards Division 5

Clause 68

Broadcasting Services Act 1992 55

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 5—Industry standards

68 Commissioner may determine an industry standard if a request

for an industry code is not complied with

(1) This clause applies if:

(a) the Commissioner has made a request under subclause 63(1)

in relation to the development of a code that is to:

(i) apply to participants in a particular section of the

internet industry; and

(ii) deal with one or more matters relating to the internet

activities of those participants; and

(b) any of the following conditions is satisfied:

(i) the request is not complied with;

(ii) if indicative targets for achieving progress in the

development of the code were specified in the notice of

request—any of those indicative targets were not met;

(iii) the request is complied with, but the Commissioner

subsequently refuses to register the code; and

(c) the Commissioner is satisfied that it is necessary or

convenient for the Commissioner to determine a standard in

order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

(3) Before determining an industry standard under this clause, the

Commissioner must consult the body or association to whom the

request mentioned in paragraph (1)(a) was made.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 5 Industry standards

Clause 69

56 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(5) The Minister may give the Commissioner a written direction as to

the exercise of his or her powers under this clause.

69 Commissioner may determine industry standard where no

industry body or association formed

(1) This clause applies if:

(a) the Commissioner is satisfied that a particular section of the

internet industry is not represented by a body or association;

and

(b) the Commissioner has published a notice under

subclause 64(1) relating to that section of the industry; and

(c) that notice:

(i) states that, if such a body or association were to come

into existence within a particular period, the

Commissioner would be likely to give a notice to that

body or association under subclause 63(1); and

(ii) sets out one or more matters relating to the internet

activities of the participants in that section of the

industry; and

(d) no such body or association comes into existence within that

period; and

(e) the Commissioner is satisfied that it is necessary or

convenient for the Commissioner to determine a standard in

order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry standards Division 5

Clause 70

Broadcasting Services Act 1992 57

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) The Minister may give the Commissioner a written direction as to

the exercise of his or her powers under this clause.

70 Commissioner may determine industry standards—total failure

of industry codes

(1) This clause applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

internet industry; and

(ii) deals with one or more matters relating to the internet

activities of those participants;

has been registered under this Part for at least 180 days; and

(b) the Commissioner is satisfied that the code is totally deficient

(as defined by subclause (7)); and

(c) the Commissioner has given the body or association that

developed the code a written notice requesting that

deficiencies in the code be addressed within a specified

period; and

(d) that period ends and the Commissioner is satisfied that it is

necessary or convenient for the Commissioner to determine a

standard that applies to participants in that section of the

industry and deals with that matter or those matters.

(2) The period specified in a notice under paragraph (1)(c) must run

for at least 30 days.

(3) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

(4) If the Commissioner is satisfied that a body or association

represents that section of the industry, the Commissioner must

consult the body or association before determining an industry

standard under subclause (3).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 5 Industry standards

Clause 71

58 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(6) The industry code ceases to be registered under this Part on the day

on which the industry standard comes into force.

(7) For the purposes of this clause, an industry code that applies to

participants in a particular section of the internet industry and deals

with one or more matters relating to the internet activities of those

participants is totally deficient if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter or those matters; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter or those matters.

(8) The Minister may give the Commissioner a written direction as to

the exercise of his or her powers under this clause.

71 Commissioner may determine industry standards—partial

failure of industry codes

(1) This clause applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

internet industry; and

(ii) deals with 2 or more matters relating to the internet

activities of those participants;

has been registered under this Part for at least 180 days; and

(b) clause 70 does not apply to the code; and

(c) the Commissioner is satisfied that the code is deficient (as

defined by subclause (7)) to the extent to which the code

deals with one or more of those matters (the deficient matter

or deficient matters); and

(d) the Commissioner has given the body or association that

developed the code a written notice requesting that

deficiencies in the code be addressed within a specified

period; and

(e) that period ends and the Commissioner is satisfied that it is

necessary or convenient for the Commissioner to determine a

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry standards Division 5

Clause 71

Broadcasting Services Act 1992 59

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

standard that applies to participants in that section of the

industry and deals with the deficient matter or deficient

matters.

(2) The period specified in a notice under paragraph (1)(c) must run

for at least 30 days.

(3) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with the deficient matter or deficient matters. A standard

under this subclause is to be known as an industry standard.

(4) If the Commissioner is satisfied that a body or association

represents that section of the industry, the Commissioner must

consult the body or association before determining an industry

standard under subclause (3).

(6) On and after the day on which the industry standard comes into

force, the industry code has no effect to the extent to which it deals

with the deficient matter or deficient matters. However, this

subclause does not affect:

(a) the continuing registration of the remainder of the industry

code; or

(b) any investigation, proceeding or remedy in respect of a

contravention of the industry code or clause 66 that occurred

before that day.

(7) For the purposes of this clause, an industry code that applies to

participants in a particular section of the internet industry and deals

with 2 or more matters relating to the internet activities of those

participants is deficient to the extent to which it deals with a

particular one of those matters if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 5 Industry standards

Clause 72

60 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(8) The Minister may give the Commissioner a written direction as to

the exercise of his or her powers under this clause.

72 Compliance with industry standards

If:

(a) an industry standard that applies to participants in a particular

section of the internet industry is registered under this Part;

and

(b) a person is a participant in that section of the internet

industry;

the person must comply with the industry standard.

Note: For enforcement, see Part 6 of this Schedule.

73 Formal warnings—breach of industry standards

(1) This clause applies to a person who is a participant in a particular

section of the internet industry.

(2) The Commissioner may issue a formal warning if the person

contravenes an industry standard registered under this Part.

74 Variation of industry standards

The Commissioner may, by legislative instrument, vary an industry

standard that applies to participants in a particular section of the

internet industry if the Commissioner is satisfied that it is

necessary or convenient to do so to:

(a) provide appropriate community safeguards in relation to one

or more matters relating to the internet activities of those

participants; and

(b) otherwise regulate adequately those participants in relation to

one or more matters relating to the internet activities of those

participants.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Industry codes and industry standards Part 5

Industry standards Division 5

Clause 75

Broadcasting Services Act 1992 61

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

75 Revocation of industry standards

(1) The Commissioner may, by legislative instrument, revoke an

industry standard.

(2) If:

(a) an industry code is registered under this Part; and

(b) the code is expressed to replace an industry standard;

the industry standard is revoked when the code is registered.

77 Consultation with designated body

(1) Before determining or varying an industry standard, the

Commissioner must consult the designated body.

(2) Before revoking an industry standard under subclause 75(1), the

Commissioner must consult the designated body.

Note: Designated body is defined by clause 58.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 5 Industry codes and industry standards

Division 6 Register of industry codes and industry standards

Clause 78

62 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 6—Register of industry codes and industry

standards

78 Commissioner to maintain Register of industry codes and

industry standards

(1) The Commissioner is to maintain a Register in which the

Commissioner includes:

(a) all industry codes required to be registered under this Part;

and

(b) all industry standards; and

(c) all requests made under clause 63; and

(d) all notices under clause 64; and

(e) all directions under clause 66.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Online provider rules Part 6

Clause 79

Broadcasting Services Act 1992 63

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 6—Online provider rules

79 Online provider rules

For the purposes of this Schedule, each of the following is an

online provider rule:

(e) the rule set out in subclause 48(1);

(f) the rule set out in subclause 48(2);

(g) the rule set out in subclause 66(2);

(h) the rule set out in clause 72;

(i) each of the rules (if any) set out in an online provider

determination in force under clause 80.

80 Online provider determinations

(1) The Commissioner may, by legislative instrument, make a

determination setting out rules that apply to internet service

providers in relation to the supply of internet carriage services.

(3) A determination under subclause (1) is called an online provider

determination.

(4) An online provider determination has effect only to the extent that:

(a) it is authorised by paragraph 51(v) of the Constitution (either

alone or when read together with paragraph 51(xxxix) of the

Constitution); or

(b) both:

(i) it is authorised by section 122 of the Constitution; and

(ii) it would have been authorised by paragraph 51(v) of the

Constitution (either alone or when read together with

paragraph 51(xxxix) of the Constitution) if section 51 of

the Constitution extended to the Territories.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 6 Online provider rules

Clause 81

64 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(5) The Commissioner must not make an online provider

determination unless the determination relates to a matter specified

in the regulations.

(6) The Commissioner must not make an online provider

determination if the determination relates to a matter specified in

regulations in force for the purposes of subsection 99(3) of the

Telecommunications Act 1997.

(7) An online provider determination may make provision for or in

relation to a particular matter by empowering the Commissioner to

make decisions of an administrative character.

81 Exemptions from online provider determinations

(1) The Minister may, by legislative instrument, determine that a

specified internet service provider is exempt from online provider

determinations.

(2) The Minister may, by legislative instrument, determine that a

specified internet service provider is exempt from a specified

online provider determination.

(3) A determination under this clause may be unconditional or subject

to such conditions (if any) as are specified in the determination.

(4) A determination under this clause has effect accordingly.

82 Compliance with online provider rules

(1) A person commits an offence if:

(a) an online provider rule is applicable to the person; and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes the rule.

Penalty: 50 penalty units.

Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body

corporate up to 5 times the maximum amount the court could fine a

person under this clause.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Online provider rules Part 6

Clause 83

Broadcasting Services Act 1992 65

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) In this clause:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

83 Remedial directions—breach of online provider rules

(1) This clause applies if an internet service provider has contravened,

or is contravening, an online provider rule.

(2) The Commissioner may give the provider a written direction

requiring the provider to take specified action directed towards

ensuring that the provider does not contravene the rule, or is

unlikely to contravene the rule, in the future.

(3) The following are examples of the kinds of direction that may be

given to an internet service provider under subclause (2):

(a) a direction that the provider implement effective

administrative systems for monitoring compliance with an

online provider rule;

(b) a direction that the provider implement a system designed to

give the provider’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of an online provider rule, in so far as those requirements

affect the employees, agents or contractors concerned.

(4) A person commits an offence if:

(a) the person is subject to a direction under subclause (2); and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes the direction.

Penalty: 50 penalty units.

Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body

corporate up to 5 times the maximum amount the court could fine a

person under this subclause.

(5) In this clause:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 6 Online provider rules

Clause 84

66 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

84 Formal warnings—breach of online provider rules

The Commissioner may issue a formal warning if a person

contravenes an online provider rule.

85 Federal Court may order a person to cease supplying internet

carriage services

(1) If the Commissioner is satisfied that a person who is an internet

service provider is supplying an internet carriage service otherwise

than in accordance with an online provider rule, the Commissioner

may apply to the Federal Court for an order that the person cease

supplying that internet carriage service.

(2) If the Federal Court is satisfied, on such an application, that the

person is supplying an internet carriage service otherwise than in

accordance with the online provider rule, the Federal Court may

order the person to cease supplying that internet carriage service.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Offences Part 7

Clause 86

Broadcasting Services Act 1992 67

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 7—Offences

86 Continuing offences

A person who contravenes clause 82 or subclause 83(4) commits a

separate offence in respect of each day (including the day of a

conviction for the offence or any later day) during which the

contravention continues.

87 Conduct by directors, employees and agents

Body corporate

(1) If, in proceedings for an ancillary offence relating to this Schedule,

it is necessary to establish the state of mind of a body corporate in

relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, employee or

agent of the body corporate within the scope of his or her

actual or apparent authority; and

(b) that the director, employee or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a

director, employee or agent of the body corporate within the scope

of his or her actual or apparent authority is taken, for the purposes

of a prosecution for:

(a) an offence against this Schedule; or

(b) an ancillary offence relating this Schedule;

to have been engaged in also by the body corporate unless the body

corporate establishes that the body corporate took reasonable

precautions and exercised due diligence to avoid the conduct.

Person other than a body corporate

(3) If, in proceedings for an ancillary offence relating to this Schedule,

it is necessary to establish the state of mind of a person other than a

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 7 Offences

Clause 87

68 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

body corporate in relation to particular conduct, it is sufficient to

show:

(a) that the conduct was engaged in by an employee or agent of

the person within the scope of his or her actual or apparent

authority; and

(b) that the employee or agent had the state of mind.

(4) Any conduct engaged in on behalf of a person other than a body

corporate by an employee or agent of the person within the scope

of his or her actual or apparent authority is taken, for the purposes

of a prosecution for:

(a) an offence against this Schedule; or

(b) an ancillary offence relating this Schedule;

to have been engaged in also by the first-mentioned person unless

the first-mentioned person establishes that the first-mentioned

person took reasonable precautions and exercised due diligence to

avoid the conduct.

(5) If:

(a) a person other than a body corporate is convicted of an

offence; and

(b) the person would not have been convicted of the offence if

subclauses (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that

offence.

State of mind

(6) A reference in subclause (1) or (3) to the state of mind of a person

includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the

person; and

(b) the person’s reasons for the intention, opinion, belief or

purpose.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Offences Part 7

Clause 87

Broadcasting Services Act 1992 69

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Director

(7) A reference in this clause to a director of a body corporate includes

a reference to a constituent member of a body corporate

incorporated for a public purpose by a law of the Commonwealth,

a State or a Territory.

Engaging in conduct

(8) A reference in this clause to engaging in conduct includes a

reference to failing or refusing to engage in conduct.

Ancillary offence relating to this Schedule

(9) A reference in this clause to an ancillary offence relating to this

Schedule is a reference to an offence created by section 6 of the

Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to

this Schedule.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 8 Protection from civil and criminal proceedings

Clause 88

70 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 8—Protection from civil and criminal

proceedings

88 Protection from civil proceedings—internet service providers

(1) Civil proceedings do not lie against an internet service provider in

respect of anything done by the provider in compliance with:

(a) a code registered under Part 5 of this Schedule; or

(b) a standard determined under Part 5 of this Schedule;

in so far as the code or standard deals with procedures referred to

in paragraph 60(2)(d) of this Schedule.

(2) Civil proceedings do not lie against an internet service provider in

respect of anything done by the provider in compliance with

clause 48.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Operation of State and Territory laws etc. Part 9

Clause 90

Broadcasting Services Act 1992 71

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 9—Operation of State and Territory laws etc.

90 Concurrent operation of State and Territory laws

It is the intention of the Parliament that this Schedule is not to

apply to the exclusion of a law of a State or Territory to the extent

to which that law is capable of operating concurrently with this

Schedule.

91 Liability of internet content hosts and internet service providers

under State and Territory laws etc.

(1) A law of a State or Territory, or a rule of common law or equity,

has no effect to the extent to which it:

(a) subjects, or would have the effect (whether direct or indirect)

of subjecting, an internet content host to liability (whether

criminal or civil) in respect of hosting particular internet

content in a case where the host was not aware of the nature

of the internet content; or

(b) requires, or would have the effect (whether direct or indirect)

of requiring, an internet content host to monitor, make

inquiries about, or keep records of, internet content hosted by

the host; or

(c) subjects, or would have the effect (whether direct or indirect)

of subjecting, an internet service provider to liability

(whether criminal or civil) in respect of carrying particular

internet content in a case where the service provider was not

aware of the nature of the internet content; or

(d) requires, or would have the effect (whether direct or indirect)

of requiring, an internet service provider to monitor, make

inquiries about, or keep records of, internet content carried by

the provider.

(2) The Minister may, by legislative instrument, exempt a specified

law of a State or Territory, or a specified rule of common law or

equity, from the operation of subclause (1).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 9 Operation of State and Territory laws etc.

Clause 91

72 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(3) An exemption under subclause (2) may be unconditional or subject

to such conditions (if any) as are specified in the exemption.

Declaration by Minister

(4) The Minister may, by legislative instrument, declare that a

specified law of a State or Territory, or a specified rule of common

law or equity, has no effect to the extent to which the law or rule

has a specified effect in relation to an internet content host.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(5) The Minister may, by legislative instrument, declare that a

specified law of a State or Territory, or a specified rule of common

law or equity, has no effect to the extent to which the law or rule

has a specified effect in relation to an internet service provider.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) A declaration under subclause (4) or (5) has effect only to the

extent that:

(a) it is authorised by paragraph 51(v) of the Constitution (either

alone or when read together with paragraph 51(xxxix) of the

Constitution); or

(b) both:

(i) it is authorised by section 122 of the Constitution; and

(ii) it would have been authorised by paragraph 51(v) of the

Constitution (either alone or when read together with

paragraph 51(xxxix) of the Constitution) if section 51 of

the Constitution extended to the Territories.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Review of decisions Part 10

Clause 92

Broadcasting Services Act 1992 73

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 10—Review of decisions

92 Review by the AAT

(1) An application may be made to the AAT for a review of any of the

following decisions made by the Commissioner:

(e) a decision to give an internet service provider a standard

access-prevention notice;

(f) a decision to give an internet service provider a special

access-prevention notice;

(g) a decision under clause 66 or 83 to:

(i) give a direction to an internet service provider; or

(ii) vary a direction that is applicable to an internet service

provider; or

(iii) refuse to revoke a direction that is applicable to an

internet service provider;

(h) a decision of a kind referred to in subclause 80(7) (which

deals with decisions under online provider determinations),

where the decision relates to an internet service provider.

(2) An application under subclause (1) may only be made by the

internet service provider concerned.

(3) An application may be made to the AAT for a review of a decision

of the Commissioner under clause 62 to refuse to register a code.

(4) An application under subclause (3) may only be made by the body

or association that developed the code.

93 Notification of decisions to include notification of reasons and

appeal rights

If the Commissioner makes a decision that is reviewable under

clause 92, the Commissioner is to include in the document by

which the decision is notified:

(a) a statement setting out the reasons for the decision; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 5 Online services

Part 10 Review of decisions

Clause 93

74 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) a statement to the effect that an application may be made to

the AAT for a review of the decision.

Authorised Version C2018C00375 registered 17/09/2018

Online services Schedule 5

Miscellaneous Part 11

Clause 94

Broadcasting Services Act 1992 75

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 11—Miscellaneous

94 Additional Commissioner functions

The Commissioner has the following functions:

(a) to monitor compliance with codes and standards registered

under Part 5 of this Schedule;

(b) to advise and assist parents and responsible adults in relation

to the supervision and control of children’s access to internet

content;

(c) to conduct and/or co-ordinate community education

programs about internet content and internet carriage

services, in consultation with relevant industry and consumer

groups and government agencies;

(d) to conduct and/or commission research into issues relating to

internet content and internet carriage services;

(e) to liaise with regulatory and other relevant bodies overseas

about co-operative arrangements for the regulation of the

internet industry, including (but not limited to) collaborative

arrangements to develop:

(i) multilateral codes of practice; and

(ii) internet content labelling technologies;

(f) to inform himself or herself and advise the Minister on

technological developments and service trends in the internet

industry.

96 Schedule not to affect performance of State or Territory

functions

A power conferred by this Schedule must not be exercised in such

a way as to prevent the exercise of the powers, or the performance

of the functions, of government of a State, the Northern Territory

or the Australian Capital Territory.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 1

76 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Schedule 6—Datacasting services Note: See section 216C.

Part 1—Introduction

1 Simplified outline

The following is a simplified outline of this Schedule:

• This Schedule sets up a system for regulating the provision of

datacasting services.

• A person who provides a designated datacasting service must

hold a datacasting licence.

• Datacasting content will be subject to restrictions. Those

restrictions are designed to encourage datacasting licensees to

provide a range of innovative services that are different to

traditional broadcasting services.

• The main restrictions on datacasting content are as follows:

(a) restrictions on the provision of certain genres of

television programs;

(b) restrictions on the provision of audio content.

• Datacasting licensees will be allowed to provide the following

types of content:

(a) information-only programs (including matter that

enables people to carry out transactions);

(b) educational programs;

(c) interactive computer games;

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 77

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) content in the form of text or still visual images;

(e) Parliamentary broadcasts;

(f) ordinary email;

(g) internet content.

• A group that represents datacasting licensees may develop

codes of practice.

• The ACMA has a reserve power to make a standard if there

are no codes of practice or if a code of practice is deficient.

• The ACMA may investigate complaints about datacasting

licensees.

2 Definitions

(1) In this Schedule, unless the contrary intention appears:

advertising or sponsorship material means advertising or

sponsorship material (whether or not of a commercial kind).

Classification Board means the Classification Board established

by the Classification (Publications, Films and Computer Games)

Act 1995.

compilation program means a program that consists of video clips

or other matter edited together to form a structured program, where

there is a heavy emphasis on entertainment value.

declared internet carriage service has the meaning given by

clause 23B.

designated datacasting service has the meaning given by

clause 2A.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 2

78 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

designated teletext service means a teletext service provided by a

commercial television broadcasting licensee, where:

(a) the licensee provided the service throughout the 2-year

period ending immediately before the commencement of this

Schedule; and

(b) the service remains substantially the same as the service

provided throughout that 2-year period.

drama program has the same meaning as in section 103B.

educational program has the meaning given by clause 3.

engage in conduct (except in clause 55 or 56) means:

(a) do an act; or

(b) omit to perform an act.

financial, market or business information bulletin means a

bulletin the sole or dominant purpose of which is to provide

information, analysis, commentary or discussion in relation to

financial, market or business matters.

foreign-language news or current affairs program has the

meaning given by clause 5.

information-only program has the meaning given by clause 4.

infotainment or lifestyle program means a program the sole or

dominant purpose of which is to present factual information in an

entertaining way, where there is a heavy emphasis on

entertainment value.

interactive computer game means a computer game, where:

(a) the way the game proceeds, and the result achieved at various

stages of the game, is determined in response to the

decisions, inputs and direct involvement of the player; and

(b) a part of the software that enables end-users to play the game

is under the control of the datacasting licensee concerned.

internet carriage service has the same meaning as in Schedule 5,

but does not include a service that transmits content that has been

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 79

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

copied from the internet, where the content is selected by the

datacasting licensee concerned.

music program means a program the sole or dominant purpose of

which is to provide:

(a) music with video clips; or

(b) video footage of musical performances;

or both.

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.

nominated datacaster declaration means a declaration under

clause 45.

ordinary email does not include a posting to a newsgroup.

qualified entity means:

(a) a company that:

(i) is registered under Part 2A.2 of the Corporations Act

2001; and

(ii) has a share capital; or

(b) the Commonwealth, a State or a Territory; or

(c) the Australian Broadcasting Corporation; or

(d) the Special Broadcasting Service Corporation; or

(e) any other body corporate established for a public purpose by

a law of the Commonwealth or of a State or Territory.

“reality television” program means a program the sole or

dominant purpose of which is to depict actual, contemporary

events, people or situations in a dramatic or entertaining way,

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 2A

80 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

where there is a heavy emphasis on dramatic impact or

entertainment value.

related body corporate has the same meaning as in the

Corporations Act 2001.

sports program means a program the sole or dominant purpose of

which is to provide:

(a) coverage of one or more sporting events; or

(b) analysis, commentary or discussion in relation to one or more

sporting events;

or both, but does not include a sports news bulletin.

transmitter licence has the same meaning as in the

Radiocommunications Act 1992.

(2) In determining the meaning of an expression used in a provision of

this Act (other than this Schedule), this clause is to be disregarded.

2A Designated datacasting service

(1) For the purposes of this Schedule, a designated datacasting service

is a datacasting service that:

(a) is provided by a person who is:

(i) a commercial television broadcasting licensee; or

(ii) a commercial radio broadcasting licensee; or

(iii) a national broadcaster; or

(b) is of a kind specified in an instrument under subclause (2).

(2) The Minister may, by legislative instrument, specify kinds of

datacasting services for the purposes of paragraph (1)(b).

3 Educational programs

(1) For the purposes of this Schedule, an educational program is

matter, where, having regard to:

(a) the substance of the matter; and

(b) the way in which the matter is advertised or promoted; and

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Introduction Part 1

Clause 4

Broadcasting Services Act 1992 81

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) any other relevant matters;

it would be concluded that the sole or dominant purpose of the

matter is to assist a person in education or learning, whether or not

in connection with a course of study or instruction.

(2) Subclause (1) has effect subject to subclauses (3) and (4).

ACMA determinations

(3) The ACMA may, by legislative instrument, make a determination

providing that, for the purposes of this Schedule, specified matter

is taken to be an educational program.

(4) The ACMA may, by legislative instrument, make a determination

providing that, for the purposes of this Schedule, specified matter

is taken not to be an educational program.

(5) A determination under subclause (3) or (4) has effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

4 Information-only programs

(1) For the purposes of this Schedule, an information-only program is

matter the sole or dominant purpose of which is to:

(a) provide factual information, or directly-related comment,

about any of a wide range of matters, including but not

limited to any of the following:

(i) products;

(ii) services;

(iii) community activities;

(iv) domestic or household matters;

(v) private recreational pursuits or hobbies;

(vi) legal rights, obligations or responsibilities;

(vii) first aid, health or safety matters;

(viii) emergencies or natural disasters;

(ix) rural matters;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 4

82 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(x) travel matters;

(xi) crime prevention matters; or

(b) enable and/or facilitate the carrying out and/or completion of

transactions;

or both, where there is not a significant emphasis on dramatic

impact or entertainment.

(2) Subclause (1) has effect subject to subclauses (3) and (4).

ACMA determinations

(3) The ACMA may, by legislative instrument, make a determination

providing that, for the purposes of this Schedule, specified matter

is taken to be an information-only program.

(4) The ACMA may, by legislative instrument, make a determination

providing that, for the purposes of this Schedule, specified matter

is taken not to be an information-only program.

(5) A determination under subclause (3) or (4) has effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Definitions

(8) In this clause:

community activity means:

(a) a meeting, event, performance or other activity that can be

attended by:

(i) the public; or

(ii) a section of the public; or

(iii) members of a particular club, society or organisation; or

(b) the activity of visiting an institution, a tourist attraction or

other place;

whether on payment of a charge or otherwise.

product includes real property.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Introduction Part 1

Clause 5

Broadcasting Services Act 1992 83

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

services means any services, benefits, rights, privileges or facilities

that are capable of being provided, granted or conferred:

(a) in trade or commerce; or

(b) by a government or government authority; or

(c) in any other way.

transactions includes:

(a) commercial transactions; and

(b) banking transactions; and

(c) insurance transactions; and

(d) dealings about employment matters; and

(e) dealings with governments and government authorities.

5 Foreign-language news or current affairs programs

(1) For the purposes of this Schedule, a foreign-language news or

current affairs program means a news or current affairs program

that is wholly in a language other than English.

(2) For the purposes of subclause (1), disregard minor and infrequent

uses of the English language.

(3) For the purposes of subclause (1), disregard any English language

subtitles or captioning.

6 Datacasting content is taken not to be a television program or a

radio program etc.

For the purposes of this Act (other than Divisions 1 and 2 of Part 3

of this Schedule) and any other law of the Commonwealth (other

than the Tobacco Advertising Prohibition Act 1992), if a

datacasting service is provided under, and in accordance with the

conditions of, a datacasting licence:

(a) any matter provided on that service is taken not to be a

television program or a radio program; and

(b) any matter provided on that service is taken not to be

broadcast or televised; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 1 Introduction

Clause 6

84 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) that service is taken not to be a broadcasting service, a

television service or a radio service.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Datacasting licences Part 2

Clause 7

Broadcasting Services Act 1992 85

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 2—Datacasting licences

7 Allocation of datacasting licence

(1) The ACMA may allocate a datacasting licence to a person, on

written application by the person.

(2) Applications must:

(a) be in accordance with a form approved in writing by the

ACMA; and

(b) be accompanied by the application fee determined in writing

by the ACMA.

8 When datacasting licence must not be allocated

(1) A datacasting licence is not to be allocated to an applicant if:

(a) the applicant is not a qualified entity; or

(b) the ACMA decides that subclause 9(1) applies to the

applicant.

(2) The ACMA may refuse to allocate a datacasting licence to an

applicant if a datacasting licence held by the applicant, or by a

related body corporate of the applicant, was cancelled at any time

during the previous 12 months.

(3) Paragraph (1)(b) does not require the ACMA to consider the

application of clause 9 in relation to an applicant before allocating

a licence to the applicant.

9 Unsuitable applicant

(1) The ACMA may, if it is satisfied that allowing a particular person

to provide a datacasting service under a datacasting licence would

lead to a significant risk of:

(a) an offence against this Act or the regulations being

committed; or

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 2 Datacasting licences

Clause 10

86 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(aa) a breach of a civil penalty provision occurring; or

(b) a breach of the conditions of the licence occurring;

decide that this subclause applies to the person.

(2) 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 would be, if a

datacasting licence were allocated to the first-mentioned

person, 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; and

(f) whether a civil penalty order has been made against:

(i) the first-mentioned person; or

(ii) a person referred to in paragraph (c) or (d).

(3) 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).

10 Transfer of datacasting licences

(1) A datacasting licensee may transfer the licence to another qualified

entity.

(2) A transferee of a datacasting licence must, within 7 days after the

transfer, notify the ACMA of the transfer.

Penalty: 50 penalty units.

(2A) Subclause (2) is an offence of strict liability.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Datacasting licences Part 2

Clause 11

Broadcasting Services Act 1992 87

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) A notification must be in accordance with a form approved in

writing by the ACMA.

11 Surrender of datacasting licences

A datacasting licensee may, by written notice given to the ACMA,

surrender the licence.

12 ACMA to maintain Register of datacasting licences

(1) The ACMA is to maintain a Register in which the ACMA

includes:

(a) particulars of datacasting licences; and

(b) such information about transmitter licences as the ACMA

determines.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 1 Genre conditions

Clause 13

88 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 3—Conditions of datacasting licences

Division 1—Genre conditions

13 Category A television programs

(1) For the purposes of this Division, each of the following television

programs is a category A television program:

(a) a drama program;

(c) a sports program;

(d) a music program;

(e) an infotainment or lifestyle program;

(f) a documentary program;

(g) a “reality television” program;

(h) a children’s entertainment program;

(i) a light entertainment or variety program;

(j) a compilation program;

(k) a quiz or games program;

(l) a comedy program;

(m) a program that consists of a combination of any or all of the

above programs.

(2) Subclause (1) has effect subject to subclauses (3), (4) and (5).

(3) For the purposes of this Division, neither of the following

television programs is a category A television program:

(a) an information-only program;

(b) an educational 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 A

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions Division 1

Clause 14

Broadcasting Services Act 1992 89

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

A 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.

14 Condition relating to category A 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 A television program; or

(b) an extract from a category A television program.

(2) The condition set out in subclause (1) does not prevent the licensee

from transmitting an extract from a category A television program,

so long as:

(a) the extract is not longer than 10 minutes; and

(c) the extract is not combined with one or more other extracts

from category A television programs in such a way that the

extracts together constitute the whole or a majority of a

particular category A television program; and

(d) having regard to:

(i) the nature of the extract; and

(ii) the circumstances in which the extract is provided;

it would be concluded that the licensee did not intend that the

extract be combined with one or more other extracts from

category A television programs in such a way that the

extracts together constitute the whole or a majority of a

particular category A television program.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 1 Genre conditions

Clause 15

90 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) A reference in subclause (2) to a category A television program is

a reference to matter that is covered by subclause (1) because of

paragraph (1)(a).

(4) A reference in subclause (2) to an extract from a category A

television program is a reference to matter that is covered by

subclause (1) because of paragraph (1)(b).

(5) If, because of subclause (2) 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 16(1)

does not prevent the licensee from transmitting that matter.

15 Category B television programs

(1) For the purposes of this Division, each of the following television

programs is a category B television program:

(a) a news or current affairs program;

(b) a financial, market or business information bulletin;

(c) a weather bulletin;

(d) a bulletin or program that consists of a combination of any or

all of the above bulletins or programs.

(2) Subclause (1) has effect subject to subclauses (3), (4) and (5).

(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).

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions Division 1

Clause 16

Broadcasting Services Act 1992 91

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 1 Genre conditions

Clause 16

92 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions Division 1

Clause 17

Broadcasting Services Act 1992 93

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 1 Genre conditions

Clause 18A

94 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions Division 1

Clause 20AA

Broadcasting Services Act 1992 95

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 2 Audio content condition

Clause 21

96 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Audio content condition Division 2

Clause 22

Broadcasting Services Act 1992 97

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 2 Audio content condition

Clause 23

98 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Genre conditions: anti-avoidance Division 2A

Clause 23B

Broadcasting Services Act 1992 99

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 3 Other conditions

Clause 24

100 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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, 4, 5 and 6 of Schedule 2 (as modified by subclause (4) of

this clause);

(b) the licensee will not, in contravention of the Tobacco

Advertising Prohibition Act 1992, transmit a tobacco

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+ by the Classification Board;

(f) the licensee will not transmit datacasting content that has

been classified R 18+ by the Classification Board 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 an

online provider rule (within the meaning of Schedule 5) that

is applicable to the licensee in relation to the internet carriage

service;

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Other conditions Division 3

Clause 24

Broadcasting Services Act 1992 101

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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, 4, 5 and 6 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

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 3 Other conditions

Clause 25

102 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Other conditions Division 3

Clause 26

Broadcasting Services Act 1992 103

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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.

(2) If the ACMA proposes to vary or revoke a condition or to impose a

new condition, the ACMA must:

(a) give to the licensee written notice of its intention; and

(b) give to the licensee a reasonable opportunity to make

representations to the ACMA in relation to the proposed

action; and

(c) make the proposed changes available on the internet.

(3) Action taken under subclause (1) must not be inconsistent with

conditions set out in:

(a) clause 14; or

(b) clause 16; or

(c) clause 21; or

(d) clause 24; or

(e) clause 25.

(4) Conditions of datacasting licences varied or imposed by the

ACMA must be relevant to the datacasting services to which those

licences relate.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 3 Conditions of datacasting licences

Division 3 Other conditions

Clause 27

104 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(5) Without limiting the range of conditions that may be imposed, the

ACMA may impose a condition on a datacasting licensee:

(a) requiring the licensee to comply with a code of practice that

is applicable to the licensee; or

(b) designed to ensure that a breach of a condition by the

licensee does not recur.

ACMA to maintain Register of conditions

(6) The ACMA is to maintain a register in which it includes particulars

of:

(a) conditions imposed under this clause; and

(b) variations of conditions under this clause; and

(c) revocations of conditions under this clause.

(7) The Register may be maintained by electronic means.

(8) The Register is to be made available for inspection on the internet.

27 Restricted access system

(1) The ACMA may, by legislative instrument, declare that a specified

access-control system is a restricted access system for the purposes

of this Division. A declaration under this subclause has effect

accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) In making an instrument under subclause (1), the ACMA must

have regard to:

(a) the objective of protecting children from exposure to matter

that is unsuitable for children; and

(b) such other matters (if any) as the ACMA considers relevant.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Conditions of datacasting licences Part 3

Exemption orders for content copied from the internet Division 4

Clause 27A

Broadcasting Services Act 1992 105

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Exemption orders for content copied from the

internet

27A Exemption orders in relation to content copied from the

internet

(1) If the ACMA is satisfied that:

(a) matter is proposed to be transmitted by a datacasting

licensee; and

(b) the matter is content that is proposed to be copied from the

internet; and

(c) the content is proposed to be selected by the datacasting

licensee; and

(d) if it were assumed that clause 20AA and subclause 21(10)

had not been enacted:

(i) any breach of the conditions set out in clauses 14 and 16

and subclause 21(1) that would arise from the

transmission of the matter would be of a minor,

infrequent or incidental nature; or

(ii) the transmission of the matter would not be contrary to

the purpose of clauses 14, 16 and 21;

the ACMA may, by writing, make an exemption order in relation

to the transmission of the matter.

(2) If the ACMA receives a request from a datacasting licensee to

make an exemption order in relation to the transmission of matter

by the licensee, the ACMA must use its best endeavours to make

that decision within 28 days after the request was made.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 4 Codes of practice

Clause 28

106 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Codes of practice

28 Development of codes of practice

(1) The Parliament intends that:

(a) a group that the ACMA is satisfied represents datacasting

licensees should develop codes of practice that are to be

applicable to the datacasting operations of datacasting

licensees; and

(b) those codes of practice should be developed:

(i) in consultation with the ACMA; and

(ii) taking account of any relevant research conducted by

the ACMA.

Content of codes of practice

(2) Codes of practice may relate to:

(a) preventing the transmission of matter that, in accordance

with community standards, is not suitable to be transmitted

by datacasting licensees; and

(b) methods of ensuring that the protection of children from

exposure to datacasting content which may be harmful to

them is a high priority; and

(c) methods of classifying datacasting content that reflect

community standards; and

(d) promoting accuracy and fairness in datacasting content that

consists of news or current affairs; and

(e) preventing the transmission of datacasting content that:

(i) simulates news or events in a way that misleads or

alarms end-users; or

(ii) depicts the actual process of putting a person into a

hypnotic state; or

(iii) is designed to induce a hypnotic state in end-users; or

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Codes of practice Part 4

Clause 28

Broadcasting Services Act 1992 107

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(iv) uses or involves the process known as subliminal

perception or any other technique that attempts to

convey information to end-users by transmitting

messages below or near the threshold of normal

awareness; and

(f) datacasting content that consists of:

(i) advertising; or

(ii) sponsorship announcements; and

(g) methods of:

(i) handling complaints from the public about datacasting

content or compliance with codes of practice; and

(ii) reporting to the ACMA on complaints so made; and

(h) in a case where there are customers of datacasting

licensees—dealings with those customers, including methods

of billing, fault repair, privacy and credit management; and

(i) such other matters relating to datacasting content as are of

concern to the community.

Classification etc.

(3) In developing codes of practice relating to matters referred to in

paragraphs (2)(a) and (c), community attitudes to the following

matters are to be taken into account:

(a) the portrayal in datacasting content of physical and

psychological violence;

(b) the portrayal in datacasting content of sexual conduct and

nudity;

(c) the use in datacasting content of offensive language;

(d) the portrayal in datacasting content of the use of drugs,

including alcohol and tobacco;

(e) the portrayal in datacasting content of matter that is likely to

incite or perpetuate hatred against, or vilifies, any person or

group on the basis of ethnicity, nationality, race, gender,

sexual orientation, age, religion or physical or mental

disability;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 4 Codes of practice

Clause 28

108 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(f) such other matters relating to datacasting content as are of

concern to the community.

(4) In developing codes of practice referred to in paragraph (2)(a), (b)

or (c), the group that the ACMA is satisfied represents datacasting

licensees must ensure that:

(a) for the purpose of classifying films—those codes apply the

film classification system administered by the Classification

Board; and

(b) those codes provide for methods of modifying films having

particular classifications under that system so that the films

are suitable to be transmitted; and

(c) those codes provide for the provision of advice to consumers

on the reasons for films receiving a particular classification;

and

(d) for the purpose of classifying interactive computer games—

those codes apply the computer games classification system

administered by the Classification Board; and

(e) those codes provide for the provision of advice to consumers

on the reasons for interactive computer games receiving a

particular classification; and

(f) for the purpose of classifying content (other than films or

interactive computer games)—those codes apply the film

classification system administered by the Classification

Board in a corresponding way to the way in which that

system applies to films; and

(g) those codes provide for methods of modifying content (other

than films or interactive computer games) having particular

classifications under that system (as correspondingly applied)

so that the content is suitable to be transmitted; and

(h) those codes provide for the provision of advice to consumers

on the reasons for content (other than films or interactive

computer games) receiving a particular classification.

(5) In developing codes of practice referred to in paragraph (2)(a) or

(b), the group that the ACMA is satisfied represents datacasting

licensees must ensure that films classified as “M” or “MA 15+” do

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Codes of practice Part 4

Clause 30

Broadcasting Services Act 1992 109

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

not portray material that goes beyond the previous “AO”

classification criteria.

Registration of codes of practice

(6) If:

(a) the group that the ACMA is satisfied represents datacasting

licensees develops a code of practice to be observed in the

conduct of the datacasting operations of those licensees; and

(b) the ACMA is satisfied that:

(i) the code of practice provides appropriate community

safeguards for the matters covered by the code; and

(ii) the code is endorsed by a majority of datacasting

licensees; and

(iii) members of the public have been given an adequate

opportunity to comment on the code;

the ACMA must include that code in the Register of codes of

practice.

Interactive computer game

(7) In this clause:

interactive computer game includes a computer game within the

meaning of the Classification (Publications, Films and Computer

Games) Act 1995.

30 ACMA to maintain Register of codes of practice

(1) The ACMA is to maintain a Register in which it includes all codes

of practice registered under clause 28.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 4 Codes of practice

Clause 31

110 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

31 ACMA may determine standards where codes of practice fail or

where no code of practice developed

(1) If:

(a) the ACMA is satisfied that there is convincing evidence that

a code of practice registered under clause 28 is not operating

to provide appropriate community safeguards for a matter

referred to in subclause 28(2) in relation to the datacasting

operations of datacasting licensees; and

(b) the ACMA is satisfied that it should determine a standard in

relation to that matter;

the ACMA must, by legislative instrument, determine a standard in

relation to that matter.

(2) If:

(a) no code of practice has been registered under clause 28 for a

matter referred to in subclause 28(2); and

(b) the ACMA is satisfied that it should determine a standard in

relation to that matter;

the ACMA must, by legislative instrument, determine a standard in

relation to that matter.

32 Consultation on standards

The ACMA must, before determining, varying or revoking a

standard, seek public comment on the proposed standard or the

variation or revocation.

33 Notification of determination or variation or revocation of

standards

If the ACMA determines or varies or revokes a standard, the

ACMA must publish in the Gazette a notice stating:

(a) that the standard has been determined, varied or revoked; and

(b) the places where copies of the standard or of the variation or

revocation can be purchased.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Codes of practice Part 4

Clause 34

Broadcasting Services Act 1992 111

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

34 Limitation of ACMA’s power in relation to standards

(1) The ACMA must not determine a standard that requires that,

before datacasting content is transmitted, the datacasting content,

or a sample of the datacasting content, be approved by the ACMA

or by a person or body appointed by the ACMA.

(2) However, the ACMA may determine such a standard in relation to

datacasting content for children.

35 This Part does not apply to internet carriage services or ordinary

email

This Part 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.

35A This Part does not apply to the ABC or SBS

For the purposes of this Part, the Australian Broadcasting

Corporation and the Special Broadcasting Service Corporation are

taken not to be datacasting licensees.

Note: If the Australian Broadcasting Corporation or the Special

Broadcasting Service Corporation is otherwise a datacasting licensee,

it is a duty of the Board of the Corporation to develop a code of

practice that relates to the service provided under the licence. See

paragraph 8(1)(e) of the Australian Broadcasting Corporation Act

1983 and paragraph 10(1)(j) of the Special Broadcasting Service Act

1991.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 5 Complaints to the ACMA about datacasting services

Clause 36

112 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Complaints to the ACMA about

datacasting services

36 Complaints about offences or breach of licence conditions

(1) If a person believes that a datacasting licensee has:

(a) committed an offence against this Act or the regulations; or

(b) breached a condition of the datacasting licence;

the person may make a complaint to the ACMA about the matter.

(2) If a person believes that another person is providing a designated

datacasting service without a datacasting licence that authorises the

provision of that service, the first-mentioned person may make a

complaint to the ACMA about the matter.

37 Complaints under codes of practice

(1) If:

(a) a person has made a complaint to a datacasting licensee about

a matter relating to:

(i) datacasting content; or

(ii) compliance with a code of practice that applies to the

datacasting operations of datacasting licensees and that

is included in the Register of codes of practice; and

(b) if there is a relevant code of practice relating to the handling

of complaints of that kind—the complaint was made in

accordance with that code of practice; and

(c) either:

(i) the person has not received a response within 60 days

after making the complaint; or

(ii) the person has received a response within that period

but considers that response to be inadequate;

the person may make a complaint to the ACMA about the matter.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Complaints to the ACMA about datacasting services Part 5

Clause 38

Broadcasting Services Act 1992 113

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) This clause 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.

(3) Also, this clause does not apply if the datacasting licensee is the

Australian Broadcasting Corporation or the Special Broadcasting

Service Corporation.

Note: Sections 150 to 153 deal with complaints about a datacasting service

provided by the Australian Broadcasting Corporation or the Special

Broadcasting Service Corporation.

38 Investigation of complaints by the ACMA

The ACMA may investigate the complaint if the ACMA thinks

that it is desirable to do so.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 6 Control of datacasting transmitter licences

Clause 41

114 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 6—Control of datacasting transmitter licences

41 Datacasting transmitter licences not to be controlled by ABC or

SBS

(1) The Australian Broadcasting Corporation must not be in a position

to exercise control of a datacasting transmitter licence.

(2) The Special Broadcasting Service Corporation must not be in a

position to exercise control of a datacasting transmitter licence.

(3) Subclauses (1) and (2) do not apply to a channel B datacasting

transmitter licence unless the relevant transmitter, or any of the

relevant transmitters, is operated for transmitting a datacasting

service that is capable of being received by a domestic digital

television receiver.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Nominated datacaster declarations Part 7

Clause 42

Broadcasting Services Act 1992 115

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 7—Nominated datacaster declarations

42 Object of this Part

The object of this Part is to provide for the making of declarations

(nominated datacaster declarations) that allow the following

licences to be held by different persons:

(a) a datacasting licence that authorises the provision of a

datacasting service;

(b) a datacasting transmitter licence for a radiocommunications

transmitter that is for use for transmitting the datacasting

service.

43 Datacasting transmitter licence

A reference in this Part to a datacasting transmitter licence does

not include a reference to an authorisation under section 114 of the

Radiocommunications Act 1992.

44 Applications for nominated datacaster declarations

(1) If there is:

(a) a datacasting licence that authorises the provision of a

datacasting service; and

(b) a datacasting transmitter licence for a transmitter that is

intended for use for transmitting the datacasting service;

the licensee of the datacasting transmitter licence may apply to the

ACMA for a nominated datacaster declaration in relation to the

provision of the datacasting service under the datacasting licence.

(2) An application must be accompanied by:

(a) the application fee determined in writing by the ACMA; and

(b) the consent of the licensee of the datacasting licence.

(3) The application and consent must be:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 7 Nominated datacaster declarations

Clause 45

116 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) in writing; and

(b) in accordance with a form approved in writing by the

ACMA.

45 Making a nominated datacaster declaration

(1) After considering the application, the ACMA must declare in

writing that the provision of the datacasting service under the

datacasting licence is nominated in relation to the datacasting

transmitter licence if the ACMA is satisfied that:

(a) the licensee of the datacasting transmitter licence will

transmit the datacasting service on behalf of the licensee of

the datacasting licence; and

(b) the licensee of the datacasting transmitter licence will not be

involved in the selection or provision of datacasting content

to be transmitted on the datacasting service.

(2) The ACMA must give a copy of the declaration to:

(a) the applicant; and

(b) the licensee of the datacasting licence.

(3) If the ACMA refuses to make a nominated datacaster declaration,

the ACMA must give written notice of the refusal to:

(a) the applicant; and

(b) the licensee of the datacasting licence.

46 Effect of nominated datacaster declaration

If:

(a) a nominated datacaster declaration is in force; and

(b) the licensee of the datacasting transmitter licence transmits

the datacasting service on behalf of the licensee of the

datacasting licence;

then:

(c) for the purposes of the Radiocommunications Act 1992, the

licensee of the datacasting licence is taken not to operate the

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Nominated datacaster declarations Part 7

Clause 47

Broadcasting Services Act 1992 117

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

radiocommunications transmitter for any purpose in

connection with that transmission; and

(d) for the purposes of this Act:

(i) the licensee of the datacasting licence is taken to

provide the datacasting service; and

(ii) the licensee of the datacasting transmitter licence is

taken not to provide the datacasting service; and

(e) for the purposes of this Act (other than Schedule 1) and the

Tobacco Advertising Prohibition Act 1992, any content that

is transmitted by the licensee of the datacasting transmitter

licence on behalf of the licensee of the datacasting licence:

(i) is taken to be content transmitted by the licensee of the

datacasting licence; and

(ii) is not taken to be content transmitted by the licensee of

the datacasting transmitter licence.

47 Revocation of nominated datacaster declaration

(1) The ACMA must, by writing, revoke a nominated datacaster

declaration if the ACMA is satisfied that:

(a) the licensee of the datacasting transmitter licence is not

transmitting, or does not propose to transmit, the datacasting

service on behalf of the licensee of the datacasting licence; or

(b) the licensee of the datacasting transmitter licence is involved,

or proposes to become involved, in the selection or provision

of datacasting content to be transmitted on the datacasting

service.

(2) The ACMA must, by writing, revoke a nominated datacaster

declaration if:

(a) the licensee of the datacasting transmitter licence; or

(b) the licensee of the datacasting licence;

gives the ACMA a written notice stating that the licensee does not

consent to the continued operation of the declaration.

(3) The ACMA must give a copy of the revocation to:

(a) the licensee of the datacasting transmitter licence; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 7 Nominated datacaster declarations

Clause 48

118 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the licensee of the datacasting licence.

(4) A revocation under subclause (1) or (2) takes effect on the date

specified in the revocation.

(5) The ACMA must not revoke a nominated datacaster declaration

under subclause (1) unless the ACMA has first:

(a) given the licensee of the datacasting transmitter licence a

written notice:

(i) setting out a proposal to revoke the declaration; and

(ii) inviting the licensee to make a submission to the

ACMA on the proposal; and

(b) given the licensee of the datacasting licence a written notice:

(i) setting out a proposal to revoke the declaration; and

(ii) inviting the licensee to make a submission to the

ACMA on the proposal; and

(c) considered any submission that was received under

paragraph (a) or (b) within the time limit specified in the

notice concerned.

(6) A time limit specified in a notice under subclause (5) must run for

at least 7 days.

(7) A person must not enter into a contract or arrangement under

which the person or another person is:

(a) prevented from giving a notice under subclause (2); or

(b) subject to any restriction in relation to the giving of a notice

under subclause (2).

(8) A contract or arrangement entered into in contravention of

subclause (7) is void.

48 Register of nominated datacaster declarations

(1) The ACMA is to maintain a register in which the ACMA includes

particulars of all nominated datacaster declarations currently in

force.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Nominated datacaster declarations Part 7

Clause 48

Broadcasting Services Act 1992 119

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 1 Providing a designated datacasting service without a licence

Clause 49

120 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

(1) A person commits an offence if the person:

(a) intentionally provides a designated datacasting service; and

(b) does not have a datacasting licence to provide the service.

Penalty: 20,000 penalty units.

(2) A person who contravenes subclause (1) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any later day) during which the contravention

continues.

(3) A person must not provide a designated datacasting service if the

person does not have a datacasting licence to provide that service.

(4) Subclause (3) is a civil penalty provision.

(5) A person who contravenes subclause (3) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

Note 1: For exemptions for broadcasters, see clause 51.

Note 2: For exemptions for designated teletext services, see clause 51A.

50 Remedial directions—unlicensed datacasting services

(1) If the ACMA is satisfied that a person has breached, or is

breaching, subclause 49(3), the ACMA may, by written notice

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Providing a designated datacasting service without a licence Division 1

Clause 50

Broadcasting Services Act 1992 121

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

given to the person, direct the person to take action directed

towards ensuring that the person does not breach that subclause, or

is unlikely to breach that subclause, in the future.

Note 1: For exemptions for broadcasters, see clause 51.

Note 2: For exemptions for designated teletext services, see clause 51A.

Offence

(2) A person commits an offence if:

(a) the person has been given a notice under subclause (1); and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes a requirement in the notice.

Penalty: 20,000 penalty units.

(3) A person who contravenes subclause (2) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any subsequent day) during which the contravention

continues.

Civil penalty

(4) A person must comply with a notice under subclause (1).

(5) Subclause (4) is a civil penalty provision.

(6) A person who contravenes subclause (4) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

Definition

(7) In this clause:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 1 Providing a designated datacasting service without a licence

Clause 51

122 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

51 Exemption for broadcasting licensees etc.

(1) Clauses 49 and 50 do not apply to the provision of a broadcasting

service under, and in accordance with the conditions of:

(a) a licence allocated by the ACMA under this Act (other than

this Schedule); or

(b) a class licence.

(2) Clauses 49 and 50 do not apply to the provision of a national

broadcasting service.

51A Exemption for designated teletext services

Clauses 49 and 50 do not apply to the provision of a designated

teletext service.

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Breaches of licence conditions Division 2

Clause 52

Broadcasting Services Act 1992 123

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Breaches of licence conditions

52 Offence for breach of conditions

(1) A person commits an offence if:

(a) the person is a datacasting licensee; and

(b) the person intentionally engages in conduct; and

(c) the person’s conduct breaches a condition of the licence set

out in clause 14, 16, 21 or 24.

Penalty: 2,000 penalty units.

(2) A person who contravenes subclause (1) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any later day) during which the contravention

continues.

52A Civil penalty provision relating to breach of conditions of

datacasting licences

(1) A datacasting licensee must not breach a condition of the licence

set out in clause 14, 16, 21 or 24.

(2) Subclause (1) is a civil penalty provision.

(3) A person who contravenes subclause (1) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

53 Remedial directions—breach of conditions

(1) If a datacasting licensee has breached, or is breaching, a condition

of the licence (other than the condition set out in clause 25), the

ACMA may, by written notice given to the licensee, direct the

licensee to take action directed towards ensuring that the licensee

does not breach the condition, or is unlikely to breach the

condition, in the future.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 2 Breaches of licence conditions

Clause 54

124 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) The following are examples of the kinds of direction that may be

given to a licensee under subclause (1):

(a) a direction that the licensee implement effective

administrative systems for monitoring compliance with a

condition of the licence;

(b) a direction that the licensee implement a system designed to

give the licensee’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of a condition of the licence, in so far as those requirements

affect the employees, agents or contractors concerned.

(3) A person is not required to comply with a notice under

subclause (1) until the end of the period specified in the notice.

That period must be reasonable.

(4) A person commits an offence if:

(a) a person has been given a notice under subclause (1); and

(b) the person intentionally engages in conduct; and

(c) the person’s conduct contravenes a requirement in the notice.

Penalty: 20,000 penalty units.

(5) A person who contravenes subclause (4) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any later day) during which the contravention

continues.

(6) A person must comply with a notice under subclause (1).

(7) Subclause (6) is a civil penalty provision.

(8) A person who contravenes subclause (6) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

54 Suspension and cancellation

(1) If a person who is a datacasting licensee:

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Breaches of licence conditions Division 2

Clause 54

Broadcasting Services Act 1992 125

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) fails to comply with a notice under clause 53; or

(b) breaches a condition of the licence;

the ACMA may, by written notice given to the person:

(c) suspend the licence for such period, not exceeding 3 months,

as is specified in the notice; or

(d) cancel the licence.

(2) If a datacasting licence is suspended because of a breach of a

condition set out in clause 14, 16 or 21, the ACMA may take such

action, by way of suspending one or more datacasting licences held

by:

(a) the licensee; or

(b) a related body corporate of the licensee;

as the ACMA considers necessary to ensure that the same, or a

substantially similar, datacasting service is not transmitted by the

licensee or the related body corporate, as the case may be, during

the period of suspension.

(3) If a datacasting licence is cancelled because of a breach of a

condition set out in clause 14, 16 or 21, the ACMA may take such

action, by way of cancelling one or more datacasting licences held

by:

(a) the licensee; or

(b) a related body corporate of the licensee;

as the ACMA considers necessary to ensure that the same, or a

substantially similar, datacasting service is not transmitted by the

licensee or the related body corporate, as the case may be, at a time

after the cancellation.

(4) If the ACMA proposes to take action against a person under

subclause (1), (2) or (3), the ACMA must give to the person:

(a) written notice of its intention; and

(b) a reasonable opportunity to make representations to the

ACMA in relation to the proposed action.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 2 Breaches of licence conditions

Clause 55

126 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

55 Injunctions

Restraining injunctions

(1) If a person who is a datacasting licensee has engaged, is engaging

or is proposing to engage, in any conduct in contravention of a

condition of the licence (other than a condition set out in

clause 25), the Federal Court may, on the application of the

ACMA, grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court’s opinion, it is desirable to do so—requiring

the person to do something.

(2) If a person has engaged, is engaging or is proposing to engage, in

any conduct in contravention of clause 49, the Federal Court may,

on the application of the ACMA, grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court’s opinion, it is desirable to do so—requiring

the person to do something.

Performance injunctions

(3) If:

(a) a person who is a datacasting licensee has refused or failed,

or is refusing or failing, or is proposing to refuse or fail, to do

an act or thing; and

(b) the refusal or failure was, is or would be a contravention of a

condition of the licence (other than a condition set out in

clause 25);

the Federal Court may, on the application of the ACMA, grant an

injunction requiring the person to do that act or thing.

56 Federal Court’s powers relating to injunctions

Grant of interim injunction

(1) If an application is made to the Federal Court for an injunction

under clause 55, the court may, before considering the application,

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Breaches of licence conditions Division 2

Clause 56

Broadcasting Services Act 1992 127

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

grant an interim injunction restraining a person from engaging in

conduct of a kind referred to in that clause.

No undertakings as to damages

(2) The Federal Court is not to require an applicant for an injunction

under clause 55, as a condition of granting an interim injunction, to

give any undertakings as to damages.

Discharge etc. of injunctions

(3) The Federal Court may discharge or vary an injunction granted

under clause 55.

Certain limits on granting injunctions do not apply

(4) The power of the Federal Court under clause 55 to grant an

injunction restraining a person from engaging in conduct of a

particular kind may be exercised:

(a) if the court is satisfied that the person has engaged in conduct

of that kind—whether or not it appears to the court that the

person intends to engage again, or to continue to engage, in

conduct of that kind; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will engage in conduct of that kind—

whether or not the person has previously engaged in conduct

of that kind and whether or not there is an imminent danger

of substantial damage to any person if the person engages in

conduct of that kind.

(5) The power of the Federal Court under clause 55 to grant an

injunction requiring a person to do an act or thing may be

exercised:

(a) if the court is satisfied that the person has refused or failed to

do that act or thing—whether or not it appears to the court

that the person intends to refuse or fail again, or to continue

to refuse or fail, to do that act or thing; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will refuse or fail to do that act or

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 8 Remedies for breaches of licensing provisions

Division 2 Breaches of licence conditions

Clause 57

128 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

thing—whether or not the person has previously refused or

failed to do that act or thing and whether or not there is an

imminent danger of substantial damage to any person if the

person refuses or fails to do that act or thing.

Other powers of the court unaffected

(6) The powers conferred on the Federal Court under clause 55 are in

addition to, and not instead of, any other powers of the court,

whether conferred by this Act or otherwise.

57 Stay of proceedings relating to additional licence conditions,

remedial directions and suspension/cancellation decisions

(1) For the purposes of this clause, an eligible decision is:

(a) a decision under clause 26 to impose or vary a condition of a

datacasting licence; or

(b) a decision to give a direction under clause 53 (which deals

with remedial directions); or

(c) a decision to suspend or cancel a datacasting licence under

clause 54.

(2) An order must not be made under paragraph 15(1)(a) or 15A(1)(a)

of the Administrative Decisions (Judicial Review) Act 1977 in

relation to an eligible decision if:

(a) the order has the effect of suspending the operation of the

eligible decision for more than 3 months; or

(b) the order and any previous order or orders made under the

paragraph concerned have the combined effect of suspending

the operation of the eligible decision for more than 3 months.

(3) An order must not be made under paragraph 15(1)(b) or 15A(1)(b)

of the Administrative Decisions (Judicial Review) Act 1977 in

relation to an eligible decision if:

(a) the order has the effect of staying particular proceedings

under the eligible decision for more than 3 months; or

(b) the order and any previous order or orders made under the

paragraph concerned have the combined effect of staying

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Remedies for breaches of licensing provisions Part 8

Breaches of licence conditions Division 2

Clause 57

Broadcasting Services Act 1992 129

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

particular proceedings under the eligible decision for more

than 3 months.

(4) If:

(a) a person applies to the Federal Court under

subsection 39B(1) of the Judiciary Act 1903 for a writ or

injunction in relation to an eligible decision; and

(b) an order could be made staying, or otherwise affecting the

operation or implementation of, the eligible decision pending

the finalisation of the application;

such an order must not be made if:

(c) the order has the effect of staying, or otherwise affecting the

operation or implementation of, the eligible decision for

more than 3 months; or

(d) the order and any previous order or orders covered by

paragraph (b) have the combined effect of staying, or

otherwise affecting the operation or implementation of, the

eligible decision for more than 3 months.

(5) If:

(a) a person applies to the Administrative Appeals Tribunal for

review of an eligible decision; and

(b) an order could be made under subsection 41(2) of the

Administrative Appeals Tribunal Act 1975 staying, or

otherwise affecting the operation or implementation of, the

eligible decision;

such an order must not be made if:

(c) the order has the effect of staying, or otherwise affecting the

operation or implementation of, the eligible decision for

more than 3 months; or

(d) the order and any previous order or orders covered by

paragraph (b) have the combined effect of staying, or

otherwise affecting the operation or implementation of, the

eligible decision for more than 3 months.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 6 Datacasting services

Part 9 Review of decisions

Clause 58

130 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 9—Review of decisions

58 Review by the Administrative Appeals Tribunal

An application may be made to the Administrative Appeals

Tribunal for a review of a decision set out in the second column of

the table made under the provision of this Schedule set out in the

third column, but such an application may only be made by the

person described in the fourth column.

Reviewable decisions

Item Decision Provision Person who

may apply

1 refusal to allocate datacasting

licence

clause 7 or 8 the applicant

2 that a person is not a suitable

applicant

subclause 9(1) the person

2A that an internet carriage service is a

declared internet carriage service

subclause 23B(1) the licensee

3 that a person is not a suitable

licensee

subclause 25(3) the licensee

4 Variation of datacasting licence

conditions or imposition of new

conditions

subclause 26(1) the licensee

4A refusal to make an exemption order clause 27B the licensee

5 refusal to include a code of practice

in the Register

subclause 28(6) the relevant

industry group

6 refusal to make a nominated

datacaster declaration

clause 45 the licensee of

the datacasting

transmitter

licence or the

licensee of the

datacasting

licence

Authorised Version C2018C00375 registered 17/09/2018

Datacasting services Schedule 6

Review of decisions Part 9

Clause 59

Broadcasting Services Act 1992 131

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Reviewable decisions

Item Decision Provision Person who

may apply

7 revocation of a nominated

datacaster declaration

clause 47 the licensee of

the datacasting

transmitter

licence or the

licensee of the

datacasting

licence

8 to give or vary, or to refuse to

revoke, a direction

clause 53 the licensee

9 suspension or cancellation of

datacasting licence

clause 54 the licensee

59 Notification of decisions to include notification of reasons and

appeal rights

If the ACMA makes a decision that is reviewable under clause 58,

the ACMA is to include in the document by which the decision is

notified:

(a) a statement setting out the reasons for the decision; and

(b) a statement to the effect that an application may be made to

the Administrative Appeals Tribunal for a review of the

decision.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 1

132 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Schedule 7—Content services Note: See section 216D.

Part 1—Introduction

1 Simplified outline

The following is a simplified outline of this Schedule:

• A person may make a complaint to the Commissioner about

prohibited content, or potential prohibited content, in relation

to certain services.

• The Commissioner may take the following action to deal with

prohibited content or potential prohibited content:

(a) in the case of a hosting service—issue a take-down

notice;

(b) in the case of a live content service—issue a

service-cessation notice;

(c) in the case of a links service—issue a link-deletion

notice.

• Content (other than an eligible electronic publication) is

prohibited content if:

(a) the content has been classified RC or X 18+ by the

Classification Board; or

(b) the content has been classified R 18+ by the

Classification Board and access to the content is

not subject to a restricted access system; or

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 1

Broadcasting Services Act 1992 133

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) the content has been classified MA 15+ by the

Classification Board, access to the content is not

subject to a restricted access system, the content

does not consist of text and/or one or more still

visual images, and the content is provided by a

commercial service (other than a news service or a

current affairs service); or

(d) the content has been classified MA 15+ by the

Classification Board, access to the content is not

subject to a restricted access system, and the

content is provided by a mobile premium service.

• Content that consists of an eligible electronic publication is

prohibited content if the content has been classified RC,

category 2 restricted or category 1 restricted by the

Classification Board.

• Generally, content is potential prohibited content if the

content has not been classified by the Classification Board,

but if it were to be classified, there is a substantial likelihood

that the content would be prohibited content.

• Bodies and associations that represent sections of the content

industry may develop industry codes.

• The Commissioner has a reserve power to make an industry

standard if there are no industry codes or if an industry code is

deficient.

• The Commissioner may make determinations regulating

certain content service providers and hosting service

providers.

Note: The classification of an eligible electronic publication is the same as

the classification of the corresponding print publication—see

clause 24.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

134 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

access-control system, in relation to content, means a system under

which:

(a) persons seeking access to the content have been issued with a

Personal Identification Number that provides a means of

limiting access by other persons to the content; or

(b) persons seeking access to the content have been provided

with some other means of limiting access by other persons to

the content.

adult means an individual who is 18 or older.

adult chat service means a chat service where, having regard to

any or all of the following:

(a) the name of the chat service;

(b) the way in which the chat service is advertised or promoted;

(c) the reputation of the chat service;

it would be concluded that the majority of the content accessed by

end-users of the chat service is reasonably likely to be prohibited

content or potential prohibited content.

ancillary subscription television content service has the meaning

given by clause 9A.

Australia, when used in a geographical sense, includes all the

external Territories.

Australian connection has the meaning given by clause 3.

Australian police force means:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 135

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) the Australian Federal Police; or

(b) the police force of a State or Territory.

carriage service has the same meaning as in the

Telecommunications Act 1997.

carriage service intermediary has the same meaning as in the

Telecommunications Act 1997.

carriage service provider has the same meaning as in the

Telecommunications Act 1997.

child means an individual who has not reached 18 years.

civil proceeding includes a civil action.

classification application means an application under clause 22.

Classification Board means the Classification Board established

by the Classification (Publications, Films and Computer Games)

Act 1995.

Classification Review Board means the Classification Review

Board established by the Classification (Publications, Films and

Computer Games) Act 1995.

classified means classified under this Schedule.

commercial content service means a content service that:

(a) is operated for profit or as part of a profit-making enterprise;

and

(b) is provided to the public but only on payment of a fee

(whether periodical or otherwise).

commercial content service provider means a person who provides

a commercial content service.

Note: See clause 5.

computer game has the same meaning as in the Classification

(Publications, Films and Computer Games) Act 1995.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

136 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

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 a carriage service; or

(b) a service that allows end-users to access content using a

carriage service;

but does not include:

(c) a licensed broadcasting service; or

(d) a national broadcasting service; or

(e) a re-transmitted broadcasting service; or

(f) a licensed datacasting service; or

(g) a re-transmitted datacasting service; or

(h) an exempt Parliamentary content service; or

(i) an exempt court/tribunal content service; or

(j) an exempt official-inquiry content service; or

(k) an exempt point-to-point content service; or

(l) an exempt internet directory service; or

(m) an exempt internet search engine service; or

(n) a service that enables end-users to communicate, by means of

voice calls, with other end-users; or

(o) a service that enables end-users to communicate, by means of

video calls, with other end-users; or

(p) a service that enables end-users to communicate, by means of

email, with other end-users; or

(q) an instant messaging service that:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 137

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(i) enables end-users to communicate with other end-users;

and

(ii) is not an adult chat service; or

(r) an SMS service that:

(i) enables end-users to communicate with other end-users;

and

(ii) is not an adult chat service; or

(s) an MMS service that:

(i) enables end-users to communicate with other end-users;

and

(ii) is not an adult chat service; or

(t) a service that delivers content by fax; or

(u) an exempt data storage service; or

(v) an exempt back-up service; or

(x) a service 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.

content service provider means a person who provides a content

service.

Note: See clause 5.

corresponding print publication, in relation to an eligible

electronic publication, has the meaning given by clause 11.

court/tribunal 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 court or a tribunal, and includes:

(a) evidence given before the court or tribunal; and

(b) a document presented or submitted to the court or tribunal;

and

(c) a document issued or published by, or with the authority of,

the court or tribunal.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

138 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

data storage device means any article or material (for example, a

disk) from which information is capable of being reproduced, with

or without the aid of any other article or device.

designated content/hosting service means:

(a) a hosting service; or

(b) a live content service; or

(c) a links service; or

(d) a commercial content service.

designated content/hosting service provider means a person who

provides a designated content/hosting service.

designated content/hosting service provider rule means:

(a) a provision declared by this Schedule to be a designated

content/hosting service provider rule; or

(b) each of the rules (if any) set out in a designated

content/hosting service provider determination in force under

clause 104.

eligible electronic publication has the meaning given by clause 11.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

evidential burden, in relation to a matter, means the burden of

adducing or pointing to evidence that suggests a reasonable

possibility that the matter exists or does not exist.

exempt back-up service means a back-up service, where each

end-user’s access is restricted to the end-user’s backed-up content.

exempt court/tribunal content service means a service to the

extent to which it delivers, or provides access to, content that

consists of court/tribunal proceedings.

exempt data storage service means a data storage service, where

each end-user’s access is restricted to the end-user’s stored content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 139

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

exempt internet directory service means an internet directory

service that:

(a) does not specialise in providing links to, or information

about, websites that specialise in prohibited content or

potential prohibited content; and

(b) is not a service specified in the regulations; and

(c) complies with such other requirements (if any) as are

specified in the regulations.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

exempt internet search engine service means an internet search

engine service that:

(a) does not specialise in providing links to, or information

about, websites that specialise in prohibited content or

potential prohibited content; and

(b) is not a service specified in the regulations; and

(c) complies with such other requirements (if any) as are

specified in the regulations.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

exempt official-inquiry content service means a service to the

extent to which it delivers, or provides access to, content that

consists of official-inquiry proceedings.

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;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

140 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

where the content is produced or packaged by the provider of

the service; and

(b) does not specialise in content that is prohibited content or

potential prohibited content; 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.

film has the same meaning as in the Classification (Publications,

Films and Computer Games) Act 1995, but does not include a form

of recording from which an eligible electronic publication can be

produced.

Note: Film is defined broadly in that Act, and includes any form of

recording from which a visual image can be produced.

final link-deletion notice means a notice under paragraph 62(1)(d),

(e) or (f) or (4)(b), (c) or (d) of this Schedule.

final service-cessation notice means a notice under

paragraph 56(1)(c) or (d) or (4)(b) or (c) of this Schedule.

final take-down notice means a notice under paragraph 47(1)(c),

(d) or (e) or (4)(b), (c) or (d) of this Schedule.

hosting service has the meaning given by clause 4.

hosting service provider means a person who provides a hosting

service.

immediate circle has the same meaning as in the

Telecommunications Act 1997.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 141

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

interim link-deletion notice means a notice under

paragraph 62(2)(c) or (3)(d) of this Schedule.

interim service-cessation notice means a notice under

paragraph 56(2)(d) or (3)(d) of this Schedule.

interim take-down notice means a notice under paragraph 47(2)(c)

or (3)(d) of this Schedule.

internet carriage service has the same meaning as in Schedule 5.

internet content has the same meaning as in Schedule 5.

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.

links service means a content service that:

(a) provides one or more links to content; and

(b) is provided to the public (whether on payment of a fee or

otherwise)

links service provider means a person who provides a links

service.

Note: See clause 5.

live content does not include stored content.

live content service means a content service that:

(a) provides live content; and

(b) is provided to the public (whether on payment of a fee or

otherwise)

live content service provider means a person who provides a live

content service.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 2

142 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: See clause 5.

MA 15+ content has the meaning given by clause 15.

mobile carriage service provider means:

(a) a carriage service provider who supplies a public mobile

telecommunications service; or

(b) a carriage service intermediary who arranges for the supply

by a carriage service provider of a public mobile

telecommunications service.

mobile premium service means a commercial content service

where:

(a) a charge for the supply of the commercial content service is

expected to be included in a bill sent by or on behalf of a

mobile carriage service provider to the relevant customer; or

(b) a charge for the supply of the commercial content service is

payable:

(i) in advance; or

(ii) in any other manner;

by the relevant customer to a mobile carriage service

provider or a person acting on behalf of a mobile carriage

service provider.

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.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 143

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

potential prohibited content has the meaning given by clause 21.

prohibited content has the meaning given by clause 20.

provided by a content service has the meaning given by clause 6.

provided to the public, in relation to a content service, has the

meaning given by clause 7.

public mobile telecommunications service has the same meaning

as in the Telecommunications Act 1997.

R 18+ content has the meaning given by clause 15.

restricted access system has the meaning given by clause 14.

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.

special link-deletion notice means a notice under clause 67.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 3

144 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

special service-cessation notice means a notice under clause 59A.

special take-down notice means a notice under clause 52.

stored content means content kept on a data storage device. For

this purpose, disregard any storage of content on a highly transitory

basis as an integral function of the technology used in its

transmission.

Note: Momentary buffering (including momentary storage in a router in

order to resolve a path for further transmission) is an example of

storage on a highly transitory basis.

trained content assessor has the meaning given by clause 18.

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 Australian connection

Content service

(1) For the purposes of this Schedule, a content service has an

Australian connection if, and only if:

(a) any of the content provided by the content service is hosted

in Australia; or

(b) in the case of a live content service—the live content service

is provided from Australia.

Note: A link is an example of content. If a link provided by a content service

is hosted in Australia, the content service will have an Australian

connection (see paragraph (a)).

Hosting service

(2) For the purposes of this Schedule, a hosting service has an

Australian connection if, and only if, any of the content hosted by

the hosting service is hosted in Australia.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 4

Broadcasting Services Act 1992 145

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

4 Hosting service

For the purposes of this Schedule, if:

(a) a person (the first person) hosts stored content; and

(b) the hosted content does not consist of:

(i) voicemail messages; or

(ii) video mail messages; or

(iii) email messages; or

(iv) SMS messages; or

(v) MMS messages; or

(vi) messages specified in the regulations; and

(c) the first person or another person provides a content service

that:

(i) provides the hosted content; and

(ii) is provided to the public (whether on payment of a fee

or otherwise);

the hosting of the stored content by the first person is taken to be

the provision by the first person of a hosting service to the public.

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.

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 6

146 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

6 When content is provided by a content service

For the purposes of this Schedule, content is provided by a content

service if the content is delivered by, or accessible to end-users

using, the 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.

8 Links to content

For the purposes of this Schedule, if:

(a) a content service (the first content service) provides a link to

another content service; and

(b) the other content service specialises in prohibited content or

potential prohibited content; and

(c) the other content service provides particular content;

then:

(d) end-users of the first content service are taken to be able to

access the content mentioned in paragraph (c) using that link;

and

(e) that link is taken to be a link to the content mentioned in

paragraph (c).

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;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 9A

Broadcasting Services Act 1992 147

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

9A Ancillary subscription television content service

(1) For the purposes of this Schedule, an ancillary subscription

television content service is a service that:

(a) delivers content by way of television programs to persons

having equipment appropriate for receiving that content,

where:

(i) those television programs are stored on the equipment

(whether temporarily or otherwise); and

(ii) the equipment is also capable of receiving one or more

subscription television broadcasting services provided

in accordance with a licence allocated by the ACMA

under this Act; and

(iii) those television programs are delivered to a subscriber

to such a subscription television broadcasting service

under a contract with the relevant subscription

television broadcasting licensee; and

(b) complies with such other requirements (if any) as are

specified in the regulations.

(2) For the purposes of subclause (1), it is immaterial whether the

equipment is capable of receiving:

(a) content by way of television programs; or

(b) subscription television broadcasting services;

when used:

(c) in isolation; or

(d) in conjunction with any other equipment.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 10

148 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

10 Classification of live content etc.

Recordings of live content

(1) If there is a recording of live content, the recording is taken, for the

purposes of classifying the live content under this Schedule, to be

the content.

Short duration segments

(2) If, on a particular day, live content has a duration of more than:

(a) 60 minutes; or

(b) if another number of minutes is specified in the regulations—

that other number of minutes;

each short duration segment of the content provided on that day is

taken, for the purposes of:

(c) classifying the content under this Schedule; and

(d) Part 3 of this Schedule; and

(e) paragraph 81(1)(e) of this Schedule;

to be different live content from each other short duration segment

provided on that day.

(3) For the purposes of this clause, a short duration segment of live

content is a segment that has a duration of:

(a) 60 minutes; or

(b) if another number of minutes is specified in the regulations—

that other number of minutes.

(4) For the purposes of this clause, it is immaterial when a short

duration segment begins.

(5) For the purposes of this clause, it is immaterial whether short

duration segments overlap.

(6) Regulations made for the purposes of paragraph (2)(b) or (3)(b)

may make different provision with respect to different kinds of live

content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 11

Broadcasting Services Act 1992 149

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(7) Subclause (6) does not limit subsection 33(3A) of the Acts

Interpretation Act 1901.

11 Eligible electronic publication

For the purposes of this Schedule, if:

(a) content consists of:

(i) an electronic edition of a book, magazine or newspaper;

or

(ii) an audio recording of the text, or abridged text, of a

book, magazine or newspaper; and

(b) a print edition of the book, magazine or newspaper is or was

available to the public (whether by way of purchase or

otherwise) in Australia;

then:

(c) the content is an eligible electronic publication; and

(d) the print edition of the book, magazine or newspaper is the

corresponding print publication in relation to the eligible

electronic publication.

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 13

150 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

14 Restricted access system

(1) The Commissioner may, by legislative instrument, declare that a

specified access-control system is a restricted access system in

relation to content for the purposes of this Schedule. A declaration

under this subclause has effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) An instrument under subclause (1) may make different provision

with respect to:

(a) R 18+ content; and

(b) MA 15+ content.

(3) Subclause (2) does not limit subsection 33(3A) of the Acts

Interpretation Act 1901.

(4) In making an instrument under subclause (1), the Commissioner

must have regard to:

(a) the objective of protecting children from exposure to content

that is unsuitable for children; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 15

Broadcasting Services Act 1992 151

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the objective of protecting children who have not reached 15

years from exposure to content that is unsuitable for children

who have not reached 15 years; and

(c) such other matters (if any) as the Commissioner considers

relevant.

(5) The Commissioner must ensure that an instrument under

subclause (1) is in force at all times after the commencement of

this Schedule.

15 R 18+ content and MA 15+ content

R 18+ content

(1) For the purposes of this Schedule, R 18+ content is:

(a) content (other than content that consists of an eligible

electronic publication) that has been classified R 18+ by the

Classification Board; or

(b) content (other than content that consists of an eligible

electronic publication) where the following conditions are

satisfied:

(i) the content has not been classified R 18+ by the

Classification Board;

(ii) if the content were to be classified by the Classification

Board, there is a substantial likelihood that the content

would be classified R 18+ by the Classification Board.

MA 15+ content

(2) For the purposes of this Schedule, MA 15+ content is:

(a) content (other than content that consists of an eligible

electronic publication) that has been classified MA 15+ by

the Classification Board; or

(b) content (other than content that consists of an eligible

electronic publication) where the following conditions are

satisfied:

(i) the content has not been classified MA 15+ by the

Classification Board;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 1 Introduction

Clause 16

152 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) if the content were to be classified by the Classification

Board, there is a substantial likelihood that the content

would be classified MA 15+ by the Classification

Board.

Classification Board authorised to classify content

(3) For the purposes of this clause, it is to be assumed that this

Schedule authorised the Classification Board to classify the

content.

16 Content that consists of a film

For the purposes of this Schedule, in determining whether content

consists of the entire unmodified contents of a film, disregard any

differences between:

(a) the technique used to embody sounds and/or visual images in

the film; and

(b) the technique used to embody the sounds and/or visual

images in a form in which they can be delivered by means of,

or accessed using, the carriage service concerned.

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.

18 Trained content assessor

(1) For the purposes of this Schedule, an individual is a trained

content assessor if:

(a) the individual has, at any time during the preceding 12

months, completed training in:

(i) the making of assessments of the kinds referred to in

paragraphs 81(1)(d) and (f) of this Schedule; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Introduction Part 1

Clause 19

Broadcasting Services Act 1992 153

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) giving advice of the kind referred to in

subparagraph 81(1)(e)(ii) of this Schedule; and

(b) the training was approved by the Director of the

Classification Board under subclause (2) of this clause.

(2) For the purposes of paragraph (1)(b), the Director of the

Classification Board may, by writing, approve specified training.

(3) An approval under subclause (2) is not a legislative instrument.

19 Extra-territorial application

(1) Unless the contrary intention appears, this Schedule extends to

acts, omissions, matters and things outside Australia.

Note: Clause 3 is an example of a contrary intention.

(2) Section 14.1 of the Criminal Code does not apply to an offence

against this Schedule.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 1 Prohibited content and potential prohibited content

Clause 20

154 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 2—Classification of content

Division 1—Prohibited content and potential prohibited

content

20 Prohibited content

Content other than eligible electronic publications

(1) For the purposes of this Schedule, content (other than content that

consists of an eligible electronic publication) is prohibited content

if:

(a) the content has been classified RC or X 18+ by the

Classification Board; or

(b) both:

(i) the content has been classified R 18+ by the

Classification Board; and

(ii) access to the content is not subject to a restricted access

system; or

(c) all of the following conditions are satisfied:

(i) the content has been classified MA 15+ by the

Classification Board;

(ii) access to the content is not subject to a restricted access

system;

(iii) the content does not consist of text and/or one or more

still visual images;

(iv) access to the content is provided by means of a content

service (other than a news service or a current affairs

service) that is operated for profit or as part of a

profit-making enterprise;

(v) the content service is provided on payment of a fee

(whether periodical or otherwise);

(vi) the content service is not an ancillary subscription

television content service; or

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Prohibited content and potential prohibited content Division 1

Clause 21

Broadcasting Services Act 1992 155

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) all of the following conditions are satisfied:

(i) the content has been classified MA 15+ by the

Classification Board;

(ii) access to the content is not subject to a restricted access

system;

(iii) access to the content is provided by means of a mobile

premium service.

Eligible electronic publications

(2) For the purposes of this Schedule, content that consists of an

eligible electronic publication is prohibited content if the content

has been classified RC, category 2 restricted or category 1

restricted by the Classification Board.

Note: The classification of an eligible electronic publication is the same as

the classification of the corresponding print publication—see

clause 24.

21 Potential prohibited content

(1) For the purposes of this Schedule, content is potential prohibited

content if:

(a) the content has not been classified by the Classification

Board; and

(b) if the content were to be classified by the Classification

Board, there is a substantial likelihood that the content would

be prohibited content.

(2) However, content is not potential prohibited content if:

(a) the content consists of an eligible electronic publication; and

(b) the content has not been classified by the Classification

Board; and

(c) if the content were to be classified by the Classification

Board, there is no substantial likelihood that the content

would be classified RC or category 2 restricted.

Note: The classification of an eligible electronic publication is the same as

the classification of the corresponding print publication—see

clause 24.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 1 Prohibited content and potential prohibited content

Clause 21

156 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) In determining whether particular content is potential prohibited

content, it is to be assumed that this Schedule authorised the

Classification Board to classify the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Classification of content Division 2

Clause 22

Broadcasting Services Act 1992 157

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Classification of content

22 Applications for classification of content

(1) Any of the following persons may apply to the Classification

Board for classification of content under this Schedule:

(a) in the case of content that has been, or is being, hosted by a

hosting service—the hosting service provider concerned; or

(b) in the case of content that a hosting service provider is

considering whether to host—the hosting service provider; or

(c) in the case of content that has been, or is being, delivered to,

or accessed by, an end-user of a content service—the content

service provider concerned; or

(d) in the case of content that a content service provider is

considering whether to deliver to, or make available for

access by, an end-user of the content service concerned—the

content service provider; or

(e) in the case of content that has been, or can be, accessed using

a link provided by a links service—the links service provider

concerned; or

(f) in the case of content where a links service provider is

considering delivering, or making available for access, a link

that will enable end-users to access the content—the links

service provider; or

(g) in any case—the Commissioner.

(2) An application must be:

(a) in writing; and

(b) made in a form approved in writing by the Director of the

Classification Board; and

(c) signed by or on behalf of the applicant; and

(d) accompanied by:

(i) the fee ascertained under clause 27; and

(ii) a copy of the content.

Note: For special rules about classification of live content, see clause 10.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 2 Classification of content

Clause 23

158 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

23 Classification of content

If an application for classification of content is made under

clause 22, the Classification Board must:

(a) classify the content in accordance with whichever of

clauses 24 and 25 is applicable; and

(b) notify the applicant in writing of the classification of the

content.

24 Classification of content that consists of a film, a computer game

or an eligible electronic publication

Deemed classification

(1) If:

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the film or computer game has been classified under the

Classification (Publications, Films and Computer Games)

Act 1995;

the content is taken to have been classified by the Classification

Board under this Schedule in the same way as the film or the

computer game, as the case may be, was classified under that Act.

(2) If:

(a) content consists of an eligible electronic publication; and

(b) the corresponding print publication has been classified under

the Classification (Publications, Films and Computer

Games) Act 1995;

the content is taken to have been classified by the Classification

Board under this Schedule in the same way as the corresponding

print publication was classified under that Act.

Actual classification

(3) If:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Classification of content Division 2

Clause 25

Broadcasting Services Act 1992 159

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the film or computer game has not been classified under the

Classification (Publications, Films and Computer Games)

Act 1995;

the Classification Board is to classify the content under this

Schedule in a corresponding way to the way in which the film or

computer game, as the case may be, would be classified under the

Classification (Publications, Films and Computer Games) Act

1995.

(4) If:

(a) content consists of an eligible electronic publication; and

(b) the corresponding print publication has not been classified

under the Classification (Publications, Films and Computer

Games) Act 1995;

the Classification Board is to classify the content under this

Schedule in a corresponding way to the way in which the

corresponding print publication would be classified under the

Classification (Publications, Films and Computer Games) Act

1995.

25 Classification of content that does not consist of a film, a

computer game or an eligible electronic publication

If content does not consist of:

(a) the entire unmodified contents of a film; or

(b) a computer game; or

(c) an eligible electronic publication;

the Classification Board is to classify the content under this

Schedule in a corresponding way to the way in which a film would

be classified under the Classification (Publications, Films and

Computer Games) Act 1995.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 2 Classification of content

Clause 26

160 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

26 Deemed classification of content classified under Schedule 5

If content has been classified by the Classification Board under

Schedule 5 (otherwise than because of repealed subclause 12(1) of

that Schedule), the content is taken, for the purposes of this

Schedule, to have been classified by the Classification Board under

this Schedule in the same way as the content was classified under

Schedule 5.

27 Fees

(1) A person who makes an application under clause 22 is liable to pay

a fee.

(2) The amount of a fee payable under subclause (1) is ascertained

under whichever of subclauses (3), (4), (5) and (6) is applicable.

Films

(3) If content consists of the entire unmodified contents of a film,

regulations prescribing fees for the purposes of paragraph 14(1)(d)

of the Classification (Publications, Films and Computer Games)

Act 1995 apply, subject to such modifications (if any) as are

specified in regulations made for the purposes of this subclause, in

relation to the classification under this Schedule of the content in a

corresponding way to the way in which they apply to the

classification under that Act of the film.

Computer games

(4) If content consists of a computer game, regulations prescribing fees

for the purposes of paragraph 17(1)(d) of the Classification

(Publications, Films and Computer Games) Act 1995 apply,

subject to such modifications (if any) as are specified in regulations

made for the purposes of this subclause, in relation to the

classification under this Schedule of the content in a corresponding

way to the way in which they apply to the classification under that

Act of the computer game.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Classification of content Division 2

Clause 27

Broadcasting Services Act 1992 161

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Eligible electronic publications

(5) If content consists of an eligible electronic publication, regulations

prescribing fees for the purposes of paragraph 13(1)(d) of the

Classification (Publications, Films and Computer Games) Act

1995 apply, subject to such modifications (if any) as are specified

in regulations made for the purposes of this subclause, in relation

to the classification under this Schedule of the content in a

corresponding way to the way in which they apply to the

classification under that Act of the corresponding print publication.

Content other than films, computer games or eligible electronic

publications

(6) If content does not consist of:

(a) the entire unmodified contents of a film; or

(b) a computer game; or

(c) an eligible electronic publication;

regulations prescribing fees for the purposes of paragraph 14(1)(d)

of the Classification (Publications, Films and Computer Games)

Act 1995 apply, subject to such modifications (if any) as are

specified in regulations made for the purposes of this subclause, in

relation to the classification under this Schedule of the content in a

corresponding way to the way in which they apply to the

classification under that Act of a film.

Fees must not be such as to amount to taxation

(7) A fee under subclause (1) must not be such as to amount to

taxation.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 3 Reclassification

Clause 28

162 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 3—Reclassification

28 Reclassification of content

(1) If content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)), the

Classification Board must not reclassify the content within the

2-year period beginning on the day the decision to classify took

effect.

(2) After that 2-year period, any of the following may request that the

Classification Board reclassify the content:

(a) the Minister;

(b) the Commissioner;

(c) if another person applied, under clause 22, for classification

of the content—the other person.

(3) If the Classification Board is requested to act under subclause (2),

the Classification Board must do so.

(4) If content is reclassified by the Classification Board, the

Classification Board must give written notification to the following

persons accordingly:

(a) the Minister;

(b) the Commissioner;

(c) if another person applied, under clause 22, for classification

of the content—the other person.

29 Notice of intention to reclassify content

(1) If:

(a) content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)); and

(b) the Classification Board intends to reclassify the content;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Reclassification Division 3

Clause 29

Broadcasting Services Act 1992 163

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

then:

(c) the Director of the Classification Board must give notice of

that intention, inviting submissions about the matter; and

(d) the Director of the Classification Board must cause the

contents of the notice to be published, in such manner as the

Director decides, at least 30 days before the Classification

Board proposes to consider the matter; and

(e) the Director of the Classification Board must give a copy of

the notice to:

(i) the Minister; and

(ii) the Commissioner; and

(iii) if another person applied, under clause 22, for

classification of the content—the other person;

at least 30 days before the Classification Board proposes to

consider the matter.

(2) A notice under paragraph (1)(c) must specify the day on which the

Board proposes to consider the matter.

(3) The matters that the Classification Board is to take into account in

reclassifying the content include issues raised in submissions made

to the Classification Board about the matter.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 4 Review of classification decisions

Clause 30

164 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Review of classification decisions

Subdivision A—Review of classification of content

30 Persons who may apply for review

(1) If content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)), any of the

following persons may apply to the Classification Review Board

for a review of the classification:

(a) the Minister;

(b) the Commissioner;

(c) if a person other than the Commissioner applied, under

clause 22, for classification of the content—the other person;

(d) a person aggrieved by the classification.

(2) Without limiting paragraph (1)(d), if the classification referred to

in that paragraph is a restricted classification, the following persons

or bodies are taken to be persons aggrieved by the classification:

(a) a person who has engaged in a series of activities relating to,

or research into, the contentious aspects of the theme or

subject matter of the content concerned;

(b) an organisation or association, whether incorporated or not,

whose objects or purposes include, and whose activities

relate to, the contentious aspects of that theme or subject

matter.

(3) However, a person or body is not aggrieved by a restricted

classification because of subclause (2) if the classification was

made before:

(a) the person engaged in a series of activities relating to, or

research into, the contentious aspects of the theme or subject

matter of the content concerned; or

(b) the organisation or association was formed, or its objects or

purposes included and its activities related to, the contentious

aspects of that theme or subject matter.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Review of classification decisions Division 4

Clause 31

Broadcasting Services Act 1992 165

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) In this clause:

restricted classification means:

(a) for content that does not consist of a computer game or an

eligible electronic publication—the classification MA 15+, R

18+, X 18+ or RC; or

(b) for content that consists of a computer game—the

classification MA 15+, R 18+ or RC; or

(c) for content that consists of an eligible electronic

publication—the classification category 1 restricted, category

2 restricted or RC.

31 Applications for review

(1) An application for review of a classification must be:

(a) in writing; and

(b) made in a form approved in writing by the Convenor of the

Classification Review Board; and

(c) signed by or on behalf of the applicant; and

(d) except for an application made by the Minister—

accompanied by the fee ascertained under subclause (4).

(2) An application by the Minister or the Commissioner for review of

a classification may be made at any time.

(3) Any other application for review of a classification must be made:

(a) within 30 days after the applicant is notified of the

classification; or

(b) within such longer period as the Classification Review Board

allows.

(4) If:

(a) the applicant for a review of the classification of content is

not covered by paragraph 30(1)(c); and

(b) a person other than the Commissioner applied, under

clause 22, for classification of the content;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 4 Review of classification decisions

Clause 32

166 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

the Convenor of the Classification Review Board must notify the

person mentioned in paragraph (b), in writing, of:

(c) the application for review; and

(d) the day on which it will be considered.

(5) Regulations prescribing fees for the purposes of paragraph 43(1)(d)

of the Classification (Publications, Films and Computer Games)

Act 1995 apply, subject to such modifications (if any) as are

specified in regulations made for the purposes of this subclause, to

a review of a classification under this Schedule in a corresponding

way to the way in which they apply to a review of a classification

under that Act.

(6) A fee under subclause (1) must not be such as to amount to

taxation.

32 Classification Review Board may refuse to deal with review

applications that are frivolous etc.

If the applicant for a review of the classification of content is

covered by paragraph 30(1)(d), the Classification Review Board

may refuse to deal with the application, or to deal further with the

application, if the Classification Review Board is satisfied that the

application is:

(a) frivolous; or

(b) vexatious; or

(c) not made in good faith.

33 Review

(1) For the purposes of reviewing a classification of content, the

Classification Review Board:

(a) may exercise all the powers and discretions that are conferred

on the Classification Board by this Schedule; and

(b) must make a decision in writing classifying the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Review of classification decisions Division 4

Clause 34

Broadcasting Services Act 1992 167

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) If the Classification Review Board classifies the content, this

Schedule (other than this Subdivision) and Schedule 5 have effect

as if the content had been reclassified by the Classification Board.

Subdivision B—Review of content that consists of a film or a

computer game

34 Review of classification of content that consists of a film or a

computer game

If:

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the film or computer game has been classified under the

Classification (Publications, Films and Computer Games)

Act 1995; and

(c) the decision to classify the film or computer game is

reviewed by the Classification Review Board under that Act;

and

(d) as a result of the review, the Classification Review Board

classifies the film or computer game under that Act;

this Schedule and Schedule 5 have effect as if the film or computer

game had been reclassified by the Classification Board under this

Schedule in the same way as the film or computer game was

classified under that Act by the Classification Review Board.

Subdivision C—Review of content that consists of an eligible

electronic publication

35 Review of classification of content that consists of an eligible

electronic publication

If:

(a) content consists of an eligible electronic publication; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 2 Classification of content

Division 4 Review of classification decisions

Clause 35

168 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the corresponding print publication has been classified under

the Classification (Publications, Films and Computer

Games) Act 1995; and

(c) the decision to classify the corresponding print publication is

reviewed by the Classification Review Board under that Act;

and

(d) as a result of the review, the Classification Review Board

classifies the corresponding print publication under that Act;

this Schedule and Schedule 5 have effect as if the corresponding

print publication had been reclassified by the Classification Board

under this Schedule in the same way as the corresponding print

publication was classified under that Act by the Classification

Review Board.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Classification of content Part 2

Miscellaneous Division 5

Clause 36

Broadcasting Services Act 1992 169

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 5—Miscellaneous

36 Decisions of the Classification Board etc.

(1) Section 57 of the Classification (Publications, Films and Computer

Games) Act 1995 applies to the consideration by the Classification

Board of a matter arising under this Schedule in a corresponding

way to the way in which it applies to the consideration of an

application under that Act.

(2) To avoid doubt, sections 10, 19, 20, 22, 23A, 24, 25, 26, 27, 28 and

44A, and Division 6 of Part 2, of the Classification (Publications,

Films and Computer Games) Act 1995 do not apply to a

classification under this Schedule.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 1 Making of complaints to the Commissioner

Clause 37

170 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 3—Complaints to, and investigations by, the

Commissioner

Division 1—Making of complaints to the Commissioner

37 Complaints about prohibited content or potential prohibited

content

Complaints about access to prohibited content or potential

prohibited content

(1) If a person has reason to believe that end-users in Australia can

access prohibited content or potential prohibited content provided

by a content service, the person may make a complaint to the

Commissioner about the matter.

Complaints about hosting services

(2) If a person has reason to believe that a hosting service is:

(a) hosting prohibited content; or

(b) hosting potential prohibited content;

the person may make a complaint to the Commissioner about the

matter.

Complaints about links services

(3) If a person has reason to believe that end-users in Australia can

access prohibited content or potential prohibited content using a

link provided by a links service, the person may make a complaint

to the Commissioner about the matter.

Content of complaint

(4) A complaint under subclause (1), (2) or (3) about particular content

must:

(a) identify the content; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Making of complaints to the Commissioner Division 1

Clause 37

Broadcasting Services Act 1992 171

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) if the content is stored content—set out how to access the

content (for example: set out a URL, a password, or the name

of a newsgroup); and

(c) if:

(i) the content is stored content; and

(ii) the complainant knows the country or countries in

which the content is hosted;

set out the name of that country or those countries; and

(d) if the content is live content—set out details of how the

content was accessed (for example: set out a URL or a

password); and

(e) if:

(i) the content is live content; and

(ii) the complainant believes that a particular incident

depicted by the live content is sufficient to characterise

the content as prohibited content or potential prohibited

content;

set out the date and approximate time when that incident

occurred; and

(f) set out the complainant’s reasons for believing that the

content is prohibited content or potential prohibited content;

and

(g) set out such other information (if any) as the Commissioner

requires.

(5) The rule in paragraph (4)(b) does not apply to a complaint to the

extent (if any) to which finding out how to access the content

would cause the complainant to contravene a law of the

Commonwealth, a State or a Territory.

(6) The rule in paragraph (4)(d) does not apply to a complaint to the

extent (if any) to which finding out how the content was accessed

would cause the complainant to contravene a law of the

Commonwealth, a State or a Territory.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 1 Making of complaints to the Commissioner

Clause 38

172 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Timing of complaint about live content

(7) If:

(a) a person makes a complaint under subclause (1) about live

content; and

(b) the person believes that a particular incident depicted in the

live content is sufficient to characterise the content as

prohibited content or potential prohibited content;

the complaint must be made within 60 days after the occurrence of

the incident.

Transitional

(8) A person is not entitled to make a complaint under subclause (1),

(2) or (3) about something that occurred before the commencement

of this clause.

38 Complaints relating to breach of a designated content/hosting

service provider rule etc.

(1) If a person (the first person) has reason to believe that another

person has:

(a) breached a designated content/hosting service provider rule

that applies to the other person; or

(b) committed an offence against this Schedule; or

(c) breached a civil penalty provision of this Schedule;

the first person may make a complaint to the Commissioner about

the matter.

(2) If a person has reason to believe that a participant in the content

industry (within the meaning of Part 4 of this Schedule) has

breached a code registered under that Part that is applicable to the

participant, the person may make a complaint to the Commissioner

about the matter.

39 Form of complaint

(1) A complaint under this Division is to be in writing.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Making of complaints to the Commissioner Division 1

Clause 40

Broadcasting Services Act 1992 173

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) However, the Commissioner may permit complaints to be given, in

accordance with specified software requirements, by way of a

specified kind of electronic transmission.

40 Recordings of live content

(1) If:

(a) a complaint under subclause 37(1) about live content is

accompanied by a recording of:

(i) the live content; or

(ii) a segment of the live content; and

(b) the complainant made the recording;

neither making the recording, nor giving the recording to the

Commissioner, is taken to have infringed copyright.

(2) Subclause (1) does not apply if:

(a) the Commissioner is satisfied that the complaint is:

(i) frivolous; or

(ii) vexatious; or

(iii) not made in good faith; or

(b) the Commissioner has reason to believe that the complaint

was made for the purpose, or for purposes that include the

purpose, of frustrating or undermining the effective

administration of this Schedule; or

(c) the making of the recording would cause the complainant to

contravene:

(i) a law of the Commonwealth (other than the Copyright

Act 1968); or

(ii) a law of a State; or

(iii) a law of a Territory.

41 Residency etc. of complainant

A person is not entitled to make a complaint under this Division

unless the person is:

(a) an individual who resides in Australia; or

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 1 Making of complaints to the Commissioner

Clause 42

174 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) a body corporate that carries on activities in Australia; or

(c) the Commonwealth, a State or a Territory.

42 Escalation of complaints made under industry codes etc.

(1) This clause applies if:

(a) a person has made a complaint under:

(i) an industry code registered under Part 4; or

(ii) an industry standard determined under Part 4; or

(iii) a designated content/hosting service provider

determination; and

(b) the complaint is about a particular matter; and

(c) the person could have made a complaint about the matter

under subclause 37(1), (2) or (3) or 38(1) or (2); and

(d) the complaint is referred to the Commissioner under the

code, standard or determination.

(2) This Part has effect as if the complaint mentioned in

paragraph (1)(a) had been made under subclause 37(1), (2) or (3)

or 38(1) or (2), as the case requires.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Investigations by the Commissioner Division 2

Clause 44

Broadcasting Services Act 1992 175

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Investigations by the Commissioner

44 Commissioner may investigate matters

The Commissioner may, on his or her own initiative or in response

to a complaint made under Division 1, investigate any of the

following matters if the Commissioner thinks that it is desirable to

do so:

(a) whether end-users in Australia can access prohibited content

or potential prohibited content provided by a content service;

(b) whether a hosting service is hosting prohibited content or

potential prohibited content;

(c) whether end-users in Australia can access prohibited content

or potential prohibited content using a link provided by a

links service;

(d) whether a person has breached a designated content/hosting

service provider rule that applies to the person;

(e) whether a person has committed an offence against this

Schedule;

(f) whether a person has breached a civil penalty provision of

this Schedule;

(g) whether a participant in the content industry (within the

meaning of Part 4 of this Schedule) has breached a code

registered under that Part that is applicable to the participant.

45 Conduct of investigations

(1) An investigation under this Division is to be conducted as the

Commissioner thinks fit.

(2) The Commissioner may, for the purposes of an investigation,

obtain information from such persons, and make such inquiries, as

he or she thinks fit.

(3) This clause has effect subject to Part 13 of this Act (which confers

certain investigative powers on the Commissioner).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 2 Investigations by the Commissioner

Clause 46

176 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

46 Protection from civil proceedings

Civil proceedings do not lie against a person in respect of loss,

damage or injury of any kind suffered by another person because

of any of the following acts done in good faith:

(a) the making of a complaint under Division 1;

(b) the making of a statement to, or the giving of a document or

information to, the Commissioner in connection with an

investigation under this Division.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 47

Broadcasting Services Act 1992 177

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 3—Action to be taken in relation to hosting

services

47 Action to be taken in relation to hosting services

Prohibited content

(1) If, in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(a) content hosted by a hosting service provider is prohibited

content; and

(b) the relevant hosting service has an Australian connection;

the Commissioner must:

(c) if:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the content has been classified RC or X 18+ by the

Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the hosting service provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the content; or

(d) if:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the content has been classified R 18+ or MA 15+ by the

Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the hosting service provider to

take such steps as are necessary to ensure that a type B

remedial situation exists in relation to the content; or

(e) if:

(i) the content consists of an eligible electronic publication;

and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 47

178 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) the content has been classified RC, category 2 restricted

or category 1 restricted by the Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the hosting service provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

Potential prohibited content

(2) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) content hosted by a hosting service provider is potential

prohibited content; and

(ii) the relevant hosting service has an Australian

connection; and

(b) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that:

(i) if the content does not consist of an eligible electronic

publication—the content would be classified RC or X

18+; or

(ii) if the content consists of an eligible electronic

publication—the content would be classified RC or

category 2 restricted;

the Commissioner must:

(c) give the hosting service provider a written notice (an interim

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type A remedial situation exists

in relation to the content until the Commissioner notifies the

hosting service provider under subclause (4) of the

Classification Board’s classification of the content; and

(d) apply to the Classification Board under clause 22 for

classification of the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 47

Broadcasting Services Act 1992 179

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For type A remedial situation, see subclause (6).

(3) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) content hosted by a hosting service provider is potential

prohibited content; and

(ii) the relevant hosting service has an Australian

connection; and

(b) the content does not consist of an eligible electronic

publication; and

(c) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that the content would be classified R 18+ or MA

15+;

the Commissioner must:

(d) give the hosting service provider a written notice (an interim

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type B remedial situation exists

in relation to the content until the Commissioner notifies the

hosting service provider under subclause (4) of the

Classification Board’s classification of the content; and

(e) apply to the Classification Board under clause 22 for

classification of the content.

Note: For type B remedial situation, see subclause (7).

(4) If, in response to an application made as required by subclause (2)

or (3), the Commissioner is informed under paragraph 23(b) of the

classification of particular content, the Commissioner must:

(a) give the relevant hosting service provider a written notice

setting out the classification; and

(b) in a case where:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified RC or

X 18+ by the Classification Board;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 47

180 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

give the hosting service provider a written notice (a final

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type A remedial situation exists

in relation to the content; and

(c) in a case where:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified R 18+

or MA 15+ by the Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type B remedial situation exists

in relation to the content; and

(d) in a case where:

(i) the content consists of an eligible electronic publication;

and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified RC,

category 2 restricted or category 1 restricted by the

Classification Board;

give the hosting service provider a written notice (a final

take-down notice) directing the provider to take such steps as

are necessary to ensure that a type A remedial situation exists

in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

(5) If the Commissioner makes a decision under subclause (2) or (3) to

apply to the Classification Board for classification of content, the

Commissioner must give the relevant hosting service provider a

written notice setting out the decision.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 48

Broadcasting Services Act 1992 181

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Type A remedial situation

(6) For the purposes of the application of this clause to a hosting

service provider, a type A remedial situation exists in relation to

content at a particular time if:

(a) the provider does not host the content; or

(b) the content is not provided by a content service provided to

the public (whether on payment of a fee or otherwise).

Type B remedial situation

(7) For the purposes of the application of this clause to a hosting

service provider, a type B remedial situation exists in relation to

content at a particular time if:

(a) the provider does not host the content; or

(b) the content is not provided by a content service provided to

the public (whether on payment of a fee or otherwise); or

(c) access to the content is subject to a restricted access system.

48 Revocation of interim take-down notices—voluntary withdrawal

of content

(1) If:

(a) an interim take-down notice relating to particular content is

applicable to a particular hosting service provider; and

(b) before the Classification Board classifies the content, the

provider:

(i) ceases to host the content; and

(ii) gives the Commissioner a written undertaking not to

host the content;

the Commissioner may:

(c) accept the undertaking; and

(d) revoke the interim take-down notice; and

(e) by written notice given to the Classification Board, determine

that the Classification Board is not required to comply with

clause 23 in relation to the classification of the content.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 49

182 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) If an interim take-down notice is revoked under this clause, the

Commissioner must give the hosting service provider concerned a

written notice stating that the interim take-down notice has been

revoked.

49 Revocation of final take-down notices—reclassification of content

(1) If:

(a) content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)); and

(b) a final take-down notice relating to the content is applicable

to a particular hosting service provider; and

(c) the Classification Board reclassifies the content; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final take-down notice.

(2) If a final take-down notice is revoked under this clause, the

Commissioner must give the hosting service provider concerned a

written notice stating that the final take-down notice has been

revoked.

50 Revocation of final take-down notices—reclassification of content

that consists of a film or a computer game

(1) If:

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the Classification Board reclassifies the film or computer

game under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) a final take-down notice relating to the content is applicable

to a particular hosting service provider; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final take-down notice.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 51

Broadcasting Services Act 1992 183

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) If a final take-down notice is revoked under this clause, the

Commissioner must give the hosting service provider concerned a

written notice stating that the final take-down notice has been

revoked.

51 Revocation of final take-down notices—reclassification of a

corresponding print publication

(1) If:

(a) content consists of an eligible electronic publication; and

(b) the Classification Board reclassifies the corresponding print

publication under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) a final take-down notice relating to the content is applicable

to a particular hosting service provider; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final take-down notice.

(2) If a final take-down notice is revoked under this clause, the

Commissioner must give the hosting service provider concerned a

written notice stating that the final take-down notice has been

revoked.

52 Anti-avoidance—special take-down notices

(1) If:

(a) an interim take-down notice or a final take-down notice

relating to particular content is applicable to a particular

hosting service provider; and

(b) the Commissioner is satisfied that the hosting service

provider is hosting, or is proposing to host, content (the

similar content) that is the same as, or substantially similar

to, the content identified in the interim take-down notice or

the final take-down notice, as the case may be; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 52

184 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) the Commissioner is satisfied that the similar content is

prohibited content or potential prohibited content;

the Commissioner may:

(d) if the interim take-down notice or final take-down notice, as

the case may be, was given under paragraph 47(1)(c), (1)(e),

(2)(c), (4)(b) or (4)(d) of this Schedule—give the hosting

service provider a written notice (a special take-down notice)

directing the provider to take all reasonable steps to ensure

that a type A remedial situation exists in relation to the

similar content at any time when the interim take-down

notice or final take-down notice, as the case may be, is in

force; or

(e) in any other case—give the hosting service provider a written

notice (a special take-down notice) directing the provider to

take all reasonable steps to ensure that a type B remedial

situation exists in relation to the similar content at any time

when the interim take-down notice or final take-down notice,

as the case may be, is in force.

Note 1: For type A remedial situation, see subclause (2).

Note 2: For type B remedial situation, see subclause (3).

Type A remedial situation

(2) For the purposes of the application of this clause to a hosting

service provider, a type A remedial situation exists in relation to

the similar content at a particular time if:

(a) the provider does not host the similar content; or

(b) the similar content is not provided by a content service

provided to the public (whether on payment of a fee or

otherwise).

Type B remedial situation

(3) For the purposes of the application of this clause to a hosting

service provider, a type B remedial situation exists in relation to

content at a particular time if:

(a) the provider does not host the similar content; or

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to hosting services Division 3

Clause 53

Broadcasting Services Act 1992 185

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the similar content is not provided by a content service

provided to the public (whether on payment of a fee or

otherwise); or

(c) access to the similar content is subject to a restricted access

system.

53 Compliance with rules relating to prohibited content etc.

Interim take-down notice

(1) A hosting service provider must comply with an interim take-down

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

Final take-down notice

(2) A hosting service provider must comply with a final take-down

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

Special take-down notice

(3) A hosting service provider must comply with a special take-down

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

(4) In proceedings relating to a contravention of subclause (3), it is a

defence if the hosting service provider proves:

(a) that the provider did not know; and

(b) that the provider could not, with reasonable diligence, have

ascertained;

that the relevant content was prohibited content or potential

prohibited content.

Note: In criminal proceedings, a defendant bears a legal burden in relation to

the matters in subclause (4)—see section 13.4 of the Criminal Code.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 3 Action to be taken in relation to hosting services

Clause 54

186 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Undertaking

(5) A hosting service provider must comply with an undertaking given

by the provider and accepted under clause 48.

Designated content/hosting service provider rule

(6) Subclauses (1), (2), (3) and (5) are designated content/hosting

service provider rules.

54 Identification of content

Content may be identified in a notice under this Division:

(a) by setting out the content; or

(b) by describing the content; or

(c) in any other way.

55 Application of notices under this Division

If a notice under this Division relates to particular internet content,

the notice applies to the content only to the extent to which the

content is accessed, or available for access, from a website, or a

distinct part of a website, specified in the notice.

Note: For specification by class, see subsection 33(3AB) of the Acts

Interpretation Act 1901.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to live content services Division 4

Clause 56

Broadcasting Services Act 1992 187

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Action to be taken in relation to live content

services

56 Action to be taken in relation to live content services

Prohibited content

(1) If, in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(a) live content provided by a live content service is prohibited

content; and

(b) the live content service has an Australian connection;

the Commissioner must:

(c) if the content has been classified RC or X 18+ by the

Classification Board—give the live content service provider

a written notice (a final service-cessation notice) directing

the live content service provider to take such steps as are

necessary to ensure that a type A remedial situation exists in

relation to the live content service; or

(d) if the content has been classified R 18+ or MA 15+ by the

Classification Board—give the live content service provider

a written notice (a final service-cessation notice) directing

the live content service provider to take such steps as are

necessary to ensure that a type B remedial situation exists in

relation to the live content service.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

Potential prohibited content

(2) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) live content provided by a live content service is

potential prohibited content; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to live content services

Clause 56

188 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) the live content service has an Australian connection;

and

(b) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that the content would be classified RC or X 18+;

and

(c) the Commissioner has:

(i) a recording of the content; or

(ii) a copy of such a recording;

the Commissioner must:

(d) give the live content service provider a written notice (an

interim service-cessation notice) directing the provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the live content service

until the Commissioner notifies the live content provider

under subclause (4) of the Classification Board’s

classification of the content; and

(e) apply to the Classification Board under clause 22 for

classification of the content.

Note: For type A remedial situation, see subclause (6).

(3) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) live content provided by a live content service is

potential prohibited content; and

(ii) the live content service has an Australian connection;

and

(b) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that the content would be classified R 18+ or MA

15+; and

(c) the Commissioner has:

(i) a recording of the content; or

(ii) a copy of such a recording;

the Commissioner must:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to live content services Division 4

Clause 56

Broadcasting Services Act 1992 189

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) give the live content service provider a written notice (an

interim service-cessation notice) directing the provider to

take such steps as are necessary to ensure that a type B

remedial situation exists in relation to the live content service

until the Commissioner notifies the live content provider

under subclause (4) of the Classification Board’s

classification of the content; and

(e) apply to the Classification Board under clause 22 for

classification of the content.

Note: For type B remedial situation, see subclause (7).

(4) If, in response to an application made as required by subclause (2)

or (3), the Commissioner is informed under paragraph 23(b) of the

classification of particular content, the Commissioner must:

(a) give the relevant live content service provider a written

notice setting out the classification; and

(b) in a case where the effect of the classification is that the

content is prohibited content because it has been classified

RC or X 18+ by the Classification Board—give the live

content service provider a written notice (a final

service-cessation notice) directing the provider to take such

steps as are necessary to ensure that a type A remedial

situation exists in relation to the live content service; and

(c) in a case where the effect of the classification is that the

content is prohibited content because it has been classified R

18+ or MA 15+ by the Classification Board—give the live

content service provider a written notice (a final

service-cessation notice) directing the provider to take such

steps as are necessary to ensure that a type B remedial

situation exists in relation to the live content service.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

(5) If the Commissioner makes a decision under subclause (2) or (3) to

apply to the Classification Board under clause 22 for classification

of content, the Commissioner must give the relevant live content

service provider a written notice setting out the decision.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to live content services

Clause 57

190 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Type A remedial situation

(6) For the purposes of the application of this clause to a live content

service provider, a type A remedial situation exists in relation to a

live content service if the provider does not provide the live

content service.

Type B remedial situation

(7) For the purposes of the application of this clause to a live content

service provider, a type B remedial situation exists in relation to a

live content service if:

(a) the provider does not provide the live content service; or

(b) access to any R 18+ or MA 15+ content provided by the live

content service is subject to a restricted access system.

57 Undertaking—alternative to service-cessation notice

(1) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) live content provided by a live content service is

prohibited content or potential prohibited content; and

(ii) the live content service has an Australian connection;

and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 56(1), (2) or (3) in

relation to the content; and

(c) the live content service provider concerned gives the

Commissioner a written undertaking relating to the live

content service;

then:

(d) the Commissioner may accept the undertaking; and

(e) if the Commissioner accepts the undertaking—the

Commissioner is not required to take action under

subclause 56(1), (2) or (3) in relation to the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to live content services Division 4

Clause 58

Broadcasting Services Act 1992 191

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) Subclause (1) has effect despite anything in clause 56.

58 Revocation of service-cessation notices—undertaking

(1) If:

(a) a final service-cessation notice or interim service-cessation

notice is applicable to a particular live content service

provider; and

(b) the provider gives the Commissioner a written undertaking

relating to the live content service concerned;

the Commissioner may:

(c) accept the undertaking; and

(d) revoke the final service-cessation notice or interim

service-cessation notice; and

(e) in the case of an interim service-cessation notice—by written

notice given to the Classification Board, determine that the

Classification Board is not required to comply with clause 23

in relation to the classification of the content concerned.

(2) If a final service-cessation notice or interim service-cessation

notice is revoked under this clause, the Commissioner must give

the live content service provider concerned a written notice stating

that the notice has been revoked.

59 Revocation of final service-cessation notices—reclassification of

content

(1) If:

(a) content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)); and

(b) a final service-cessation notice is applicable to a particular

live content service provider; and

(c) the final service-cessation notice was given because the

content was prohibited content; and

(d) the Classification Board reclassifies the content; and

(e) as a result of the reclassification, the content ceases to be

prohibited content;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to live content services

Clause 59A

192 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

the Commissioner must revoke the final service-cessation notice.

(2) If a final service-cessation notice is revoked under this clause, the

Commissioner must give the live content service provider

concerned a written notice stating that the final service-cessation

notice has been revoked.

59A Anti-avoidance—special service-cessation notices

(1) If:

(a) an interim service-cessation notice or a final

service-cessation notice relating to a particular live content

service is applicable to a particular live content service

provider; and

(b) the Commissioner is satisfied that the live content service

provider:

(i) is providing; or

(ii) is proposing to provide;

another live content service that is substantially similar to the

first-mentioned live content service; and

(c) the Commissioner is satisfied that the other live content

service:

(i) has provided; or

(ii) is providing; or

(iii) is likely to provide;

prohibited content or potential prohibited content;

the Commissioner may:

(d) if the interim service-cessation notice or final

service-cessation notice, as the case may be, was given under

paragraph 56(1)(c), (2)(d) or (4)(b) of this Schedule—give

the live content service provider a written notice (a special

service-cessation notice) directing the provider to take all

reasonable steps to ensure that a type A remedial situation

exists in relation to the other live content service at any time

when the interim service-cessation notice or final

service-cessation notice, as the case may be, is in force; or

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to live content services Division 4

Clause 60

Broadcasting Services Act 1992 193

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(e) in any other case—give the live content service provider a

written notice (a special service-cessation notice) directing

the provider to take all reasonable steps to ensure that a type

B remedial situation exists in relation to the other live content

service at any time when the interim service-cessation notice

or final service-cessation notice, as the case may be, is in

force.

Note 1: For type A remedial situation, see subclause (2).

Note 2: For type B remedial situation, see subclause (3).

Type A remedial situation

(2) For the purposes of the application of this clause to a live content

service provider, a type A remedial situation exists in relation to a

live content service if the provider does not provide the live

content service.

Type B remedial situation

(3) For the purposes of the application of this clause to a live content

service provider, a type B remedial situation exists in relation to a

live content service if:

(a) the provider does not provide the live content service; or

(b) access to any R 18+ or MA 15+ content provided by the live

content service is subject to a restricted access system.

60 Compliance with rules relating to prohibited content etc.

Interim service-cessation notice

(1) A live content service provider must comply with an interim

service-cessation notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 4 Action to be taken in relation to live content services

Clause 61

194 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Final service-cessation notice

(2) A live content service provider must comply with a final

service-cessation notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Special service-cessation notice

(2A) A live content service provider must comply with a special

service-cessation notice that applies to the provider as soon as

practicable, and in any event by 6 pm on the next business day,

after the notice was given to the provider.

Undertaking

(3) A live content service provider must comply with an undertaking

given by the provider and accepted under clause 57 or 58.

Designated content/hosting service provider rule

(4) Subclauses (1), (2), (2A) and (3) are designated content/hosting

service provider rules.

61 Identification of content

Content may be identified in a notice under this Division:

(a) by setting out the content; or

(b) by describing the content; or

(c) in any other way.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 62

Broadcasting Services Act 1992 195

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 5—Action to be taken in relation to links services

62 Action to be taken in relation to links services

Prohibited content

(1) If, in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(a) end-users in Australia can access content using a link

provided by a links service; and

(b) the content is prohibited content; and

(c) the links service has an Australian connection;

the Commissioner must:

(d) if:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the content has been classified RC or X 18+ by the

Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the links service provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the content; or

(e) if:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the content has been classified R 18+ or MA 15+ by the

Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the links service provider to

take such steps as are necessary to ensure that a type B

remedial situation exists in relation to the content; or

(f) if:

(i) the content consists of an eligible electronic publication;

and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 62

196 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) the content has been classified RC, category 2 restricted

or category 1 restricted by the Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the links service provider to

take such steps as are necessary to ensure that a type A

remedial situation exists in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

Potential prohibited content

(2) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) end-users in Australia can access content using a link

provided by a links service; and

(ii) the content is potential prohibited content; and

(iii) the links service has an Australian connection; and

(b) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that:

(i) if the content does not consist of an eligible electronic

publication—the content would be classified RC or X

18+; or

(ii) if the content consists of an eligible electronic

publication—the content would be classified RC or

category 2 restricted;

the Commissioner must:

(c) give the links service provider a written notice (an interim

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type A remedial situation

exists in relation to the content until the Commissioner

notifies the links service provider under subclause (4) of the

Classification Board’s classification of the content; and

(d) apply to the Classification Board under clause 22 for

classification of the content.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 62

Broadcasting Services Act 1992 197

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For type A remedial situation, see subclause (6).

(3) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) end-users in Australia can access content using a link

provided by a links service; and

(ii) the content is potential prohibited content; and

(iii) the links service has an Australian connection; and

(b) the content does not consist of an eligible electronic

publication; and

(c) the Commissioner is satisfied that, if the content were to be

classified by the Classification Board, there is a substantial

likelihood that the content would be classified R 18+ or MA

15+;

the Commissioner must:

(d) give the links service provider a written notice (an interim

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type B remedial situation

exists in relation to the content until the Commissioner

notifies the links service provider under subclause (4) of the

Classification Board’s classification of the content; and

(e) apply to the Classification Board under clause 22 for

classification of the content.

Note: For type B remedial situation, see subclause (7).

(4) If, in response to an application made as required by subclause (2)

or (3), the Commissioner is informed under paragraph 23(b) of the

classification of particular content, the Commissioner must:

(a) give the relevant links service provider a written notice

setting out the classification; and

(b) in a case where:

(i) the content does not consist of an eligible electronic

publication; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 62

198 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) the effect of the classification is that the content is

prohibited content because it has been classified RC or

X 18+ by the Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type A remedial situation

exists in relation to the content; and

(c) in a case where:

(i) the content does not consist of an eligible electronic

publication; and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified R 18+

or MA 15+ by the Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type B remedial situation

exists in relation to the content; and

(d) in a case where:

(i) the content consists of an eligible electronic publication;

and

(ii) the effect of the classification is that the content is

prohibited content because it has been classified RC,

category 2 restricted or category 1 restricted by the

Classification Board;

give the links service provider a written notice (a final

link-deletion notice) directing the provider to take such steps

as are necessary to ensure that a type A remedial situation

exists in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

(5) If the Commissioner makes a decision under subclause (2) or (3) to

apply to the Classification Board under clause 22 for classification

of content, the Commissioner must give the relevant links service

provider a written notice setting out the decision.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 63

Broadcasting Services Act 1992 199

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Type A remedial situation

(6) For the purposes of the application of this clause to a links service

provider, a type A remedial situation exists in relation to particular

content if:

(a) the provider ceases to provide a link to the content using the

links service concerned; or

(b) the content is not provided by a content service provided to

the public (whether on payment of a fee or otherwise).

Type B remedial situation

(7) For the purposes of the application of this clause to a links service

provider, a type B remedial situation exists in relation to particular

content if:

(a) the provider ceases to provide a link to the content using the

links service concerned; or

(b) the content is not provided by a content service provided to

the public (whether on payment of a fee or otherwise); or

(c) access to the content is subject to a restricted access system.

63 Revocation of interim link-deletion notices—voluntary deletion of

link

(1) If:

(a) an interim link-deletion notice relating to a link to particular

content is applicable to a particular links service provider;

and

(b) before the Classification Board classifies the content, the

provider:

(i) ceases to provide a link to the content; and

(ii) gives the Commissioner a written undertaking not to

provide a link to the content;

the Commissioner may:

(c) accept the undertaking; and

(d) revoke the interim link-deletion notice; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 64

200 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(e) by written notice given to the Classification Board, determine

that the Classification Board is not required to comply with

clause 23 in relation to the classification of the content.

(2) If an interim link-deletion notice is revoked under this clause, the

Commissioner must give the links service provider concerned a

written notice stating that the interim link-deletion notice has been

revoked.

64 Revocation of final link-deletion notices—reclassification of

content

(1) If:

(a) content has been classified by the Classification Board

(otherwise than because of subclause 24(1) or (2)); and

(b) a final link-deletion notice relating to a link to the content is

applicable to a particular links service provider; and

(c) the Classification Board reclassifies the content; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final link-deletion notice.

(2) If a final link-deletion notice is revoked under this clause, the

Commissioner must give the links service provider concerned a

written notice stating that the final link-deletion notice has been

revoked.

65 Revocation of final link-deletion notices—reclassification of

content that consists of a film or a computer game

(1) If:

(a) content consists of:

(i) the entire unmodified contents of a film; or

(ii) a computer game; and

(b) the Classification Board reclassifies the film or computer

game under the Classification (Publications, Films and

Computer Games) Act 1995; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 66

Broadcasting Services Act 1992 201

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) a final link-deletion notice relating to a link to the content is

applicable to a particular links service provider; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final link-deletion notice.

(2) If a final link-deletion notice is revoked under this clause, the

Commissioner must give the links service provider concerned a

written notice stating that the final link-deletion notice has been

revoked.

66 Revocation of final link-deletion notices—reclassification of a

corresponding print publication

(1) If:

(a) content consists of an eligible electronic publication; and

(b) the Classification Board reclassifies the corresponding print

publication under the Classification (Publications, Films and

Computer Games) Act 1995; and

(c) a final link-deletion notice relating to a link to the content is

applicable to a particular links service provider; and

(d) as a result of the reclassification, the content ceases to be

prohibited content;

the Commissioner must revoke the final link-deletion notice.

(2) If a final link-deletion notice is revoked under this clause, the

Commissioner must give the links service provider concerned a

written notice stating that the final link-deletion notice has been

revoked.

67 Anti-avoidance—special link-deletion notices

(1) If:

(a) an interim link-deletion notice or a final link-deletion notice

relating to particular content is applicable to a particular links

service provider; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 67

202 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) the Commissioner is satisfied that the links service provider

is providing, or is proposing to provide, a link to content (the

similar content) that is the same as, or substantially similar

to, the content identified in the interim link-deletion notice or

the final link-deletion notice, as the case may be; and

(c) the Commissioner is satisfied that the similar content is

prohibited content or potential prohibited content;

the Commissioner may:

(d) if the interim link-deletion notice or the final link-deletion

notice, as the case may be, was given under

paragraph 62(1)(d), (1)(f), (2)(c), (4)(b) or (4)(d)—give the

links service provider a written notice (a special link-deletion

notice) directing the provider to take all reasonable steps to

ensure that a type A remedial situation exists in relation to

the similar content at any time when the interim link-deletion

notice or the final link-deletion notice, as the case may be, is

in force; or

(e) in any other case—give the links service provider a written

notice (a special link-deletion notice) directing the provider

to take all reasonable steps to ensure that a type B remedial

situation exists in relation to the similar content at any time

when the interim link-deletion notice or the final

link-deletion notice, as the case may be, is in force.

Note 1: For type A remedial situation, see subclause (2).

Note 2: For type B remedial situation, see subclause (3).

Type A remedial situation

(2) For the purposes of the application of this clause to a links service

provider, a type A remedial situation exists in relation to the

similar content if:

(a) the provider ceases to provide a link to the similar content

using the links service concerned; or

(b) the similar content is not provided by a content service

provided to the public (whether on payment of a fee or

otherwise).

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Action to be taken in relation to links services Division 5

Clause 68

Broadcasting Services Act 1992 203

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Type B remedial situation

(3) For the purposes of the application of this clause to a links service

provider, a type B remedial situation exists in relation to the

similar content if:

(a) the provider ceases to provide a link to the similar content

using the links service concerned; or

(b) the similar content is not provided by a content service

provided to the public (whether on payment of a fee or

otherwise); or

(c) access to the similar content is subject to a restricted access

system.

68 Compliance with rules relating to prohibited content etc.

Interim link-deletion notice

(1) A links service provider must comply with an interim link-deletion

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

Final link-deletion notice

(2) A links service provider must comply with a final link-deletion

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

Special link-deletion notice

(3) A links service provider must comply with a special link-deletion

notice that applies to the provider as soon as practicable, and in any

event by 6 pm on the next business day, after the notice was given

to the provider.

(4) In proceedings relating to a contravention of subclause (3), it is a

defence if the links service provider proves:

(a) that the provider did not know; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 5 Action to be taken in relation to links services

Clause 68

204 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(b) that the provider could not, with reasonable diligence, have

ascertained;

that the relevant content was prohibited content or potential

prohibited content.

Note: In criminal proceedings, a defendant bears a legal burden in relation to

the matters in subclause (4)—see section 13.4 of the Criminal Code.

Undertaking

(5) A links service provider must comply with an undertaking given by

the provider and accepted under clause 63.

Designated content/hosting service provider rule

(6) Subclauses (1), (2), (3) and (5) are designated content/hosting

service provider rules.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Law enforcement agencies Division 6

Clause 69

Broadcasting Services Act 1992 205

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 6—Law enforcement agencies

69 Referral of matters to law enforcement agencies

(1) If, in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(a) content is prohibited content or potential prohibited content;

and

(b) the content is of a sufficiently serious nature to warrant

referral to a law enforcement agency;

the Commissioner must notify the content to:

(c) a member of an Australian police force; or

(d) if there is an arrangement between the Commissioner and the

chief (however described) of an Australian police force under

which the Commissioner is authorised to notify the content to

another person or body—that other person or body.

Referral to law enforcement agency

(2) The manner in which content may be notified under

paragraph (1)(c) to a member of an Australian police force includes

(but is not limited to) a manner ascertained in accordance with an

arrangement between the Commissioner and the chief (however

described) of the police force concerned.

(3) If a member of an Australian police force is notified of particular

content under this clause, the member may notify the content to a

member of another law enforcement agency.

(4) This clause does not limit the Commissioner’s powers to refer

other matters to a member of an Australian police force.

Previous referral to law enforcement agency under Schedule 5

(5) The Commissioner is not required to notify particular content

under subclause (1) if the Commissioner has already notified the

content under paragraph 40(1)(a) of Schedule 5.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 3 Complaints to, and investigations by, the Commissioner

Division 6 Law enforcement agencies

Clause 70

206 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

70 Deferral of action in order to avoid prejudicing a criminal

investigation—hosting services

(1) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) content hosted by a hosting service provider is

prohibited content or potential prohibited content; and

(ii) the relevant hosting service has an Australian

connection; and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 47(1), (2) or (3) in

relation to the content; and

(c) a member of an Australian police force satisfies the

Commissioner that the taking of that action should be

deferred until the end of a particular period in order to avoid

prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that

period.

(2) Subclause (1) has effect despite anything in clause 47.

71 Deferral of action in order to avoid prejudicing a criminal

investigation—live content services

(1) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) live content provided by a live content service is

potential prohibited content; and

(ii) the live content service has an Australian connection;

and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 56(1), (2) or (3) in

relation to the content; and

(c) a member of an Australian police force satisfies the

Commissioner that the taking of that action should be

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Complaints to, and investigations by, the Commissioner Part 3

Law enforcement agencies Division 6

Clause 72

Broadcasting Services Act 1992 207

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

deferred until the end of a particular period in order to avoid

prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that

period.

(2) Subclause (1) has effect despite anything in clause 56.

72 Deferral of action in order to avoid prejudicing a criminal

investigation—links services

(1) If:

(a) in the course of an investigation under Division 2, the

Commissioner is satisfied that:

(i) end-users in Australia can access content using a link

provided by a links service; and

(ii) the content is potential prohibited content; and

(iii) the links service has an Australian connection; and

(b) apart from this subclause, the Commissioner would be

required to take action under subclause 62(1), (2) or (3) in

relation to the link; and

(c) a member of an Australian police force satisfies the

Commissioner that the taking of that action should be

deferred until the end of a particular period in order to avoid

prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that

period.

(2) Subclause (1) has effect despite anything in clause 62.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 1 Simplified outline

Clause 73

208 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Industry codes and industry standards

Division 1—Simplified outline

73 Simplified outline

The following is a simplified outline of this Part:

• Bodies and associations that represent sections of the content

industry may develop industry codes.

• Industry codes may be registered by the Commissioner.

• Compliance with an industry code is voluntary unless the

Commissioner directs a particular participant in the content

industry to comply with the code.

• The Commissioner has a reserve power to make an industry

standard if there are no industry codes or if an industry code is

deficient.

• Compliance with industry standards is mandatory.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Interpretation Division 2

Clause 74

Broadcasting Services Act 1992 209

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 2—Interpretation

74 Industry codes

For the purposes of this Part, an industry code is a code developed

under this Part (whether or not in response to a request under this

Part).

75 Industry standards

For the purposes of this Part, an industry standard is a standard

determined under this Part.

76 Content activity

For the purposes of this Part, a content activity is an activity that

consists of:

(a) providing a hosting service that has an Australian connection;

or

(b) providing a live content service that has an Australian

connection; or

(c) providing a links service that has an Australian connection;

or

(d) providing a commercial content service that has an

Australian connection.

77 Sections of the content industry

(1) For the purposes of this Part, sections of the content industry are

to be ascertained in accordance with this clause.

(2) For the purposes of this Part, each of the following groups is a

section of the content industry:

(a) hosting service providers, where the relevant hosting services

have an Australian connection;

(b) live content service providers, where the relevant live content

services have an Australian connection;

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 2 Interpretation

Clause 78

210 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) links service providers, where the relevant links services

have an Australian connection;

(d) commercial content service providers, where the relevant

commercial content services have an Australian connection.

78 Participants in a section of the content industry

For the purposes of this Part, if a person is a member of a group

that constitutes a section of the content industry, the person is a

participant in that section of the content industry.

79 Designated body

The Minister may, by legislative instrument, declare that a

specified body or association is the designated body for the

purposes of this Part. The declaration has effect accordingly.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

General principles relating to industry codes and industry standards Division 3

Clause 80

Broadcasting Services Act 1992 211

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 3—General principles relating to industry codes

and industry standards

80 Statement of regulatory policy

(1) The Parliament intends that bodies or associations that the

Commissioner is satisfied represent sections of the content industry

should develop codes (industry codes) that are to apply to

participants in the respective sections of the industry in relation to

their content activities.

(2) The Parliament intends that the Commissioner should make

reasonable efforts to ensure that, for each section of the content

industry, either:

(a) an industry code is registered under this Part within 6 months

after the commencement of this Schedule; or

(b) an industry standard is registered under this Part within 9

months after the commencement of this Schedule.

81 Matters that must be dealt with by industry codes and industry

standards—commercial content providers

(1) The Parliament intends that, for the commercial content service

provider section of the content industry, there should be:

(a) an industry code or an industry standard that deals with; or

(b) an industry code and an industry standard that together deal

with;

each of the following matters:

(c) the engagement of trained content assessors by commercial

content service providers;

(d) ensuring that content (other than live content or content that

consists of an eligible electronic publication) that:

(i) has not been classified by the Classification Board; and

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 81

212 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) would, if it were classified by the Classification Board,

be substantially likely to be classified RC, X 18+, R 18+

or MA 15+ by the Classification Board;

is not provided by commercial content services (other than

news services or current affairs services) unless a trained

content assessor has assessed the content for the purposes of

categorising the content as:

(iii) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified RC by the Classification Board; or

(iv) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified X 18+ by the Classification Board; or

(v) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified R 18+ by the Classification Board; or

(vi) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified MA 15+ by the Classification Board;

(e) ensuring that live content is not provided by commercial

content services (other than news services or current affairs

services) unless:

(i) there is no reasonable likelihood that the live content

will be of a kind that would, if it were classified by the

Classification Board, be substantially likely to be

classified RC, X 18+, R 18+ or MA 15+ by the

Classification Board; or

(ii) a trained content assessor has given advice to the

relevant commercial content service provider about

whether the live content is likely to be of a kind that

would, if it were classified by the Classification Board,

be substantially likely to be classified RC, X 18+, R 18+

or MA 15+ by the Classification Board;

(f) ensuring that content that consists of an eligible electronic

publication that:

(i) has not been classified by the Classification Board; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

General principles relating to industry codes and industry standards Division 3

Clause 82

Broadcasting Services Act 1992 213

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) would, if it were classified by the Classification Board,

be substantially likely to be classified RC or category 2

restricted by the Classification Board;

is not provided by commercial content services (other than

news services or current affairs services) unless a trained

content assessor has assessed the content for the purposes of

categorising the content as:

(iii) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified RC by the Classification Board; or

(iv) content that would, if it were classified by the

Classification Board, be substantially likely to be

classified category 2 restricted by the Classification

Board.

Note: The classification of an eligible electronic publication is the same as

the classification of the corresponding print publication—see

clause 24.

(2) For the purposes of paragraphs (1)(d), (e) and (f), it is to be

assumed that this Schedule authorised the Classification Board to

classify the content concerned.

Codes and standards not limited

(3) This clause does not limit the matters that may be dealt with by

industry codes and industry standards.

82 Examples of matters that may be dealt with by industry codes

and industry standards

(1) This clause sets out examples of matters that may be dealt with by

industry codes and industry standards.

(2) The applicability of a particular example will depend on which

section of the content industry is involved.

(3) The examples are as follows:

(a) procedures to be followed in order to deal with complaints

about matters, where the complainant could have made a

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 82

214 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

complaint about the same matter under subclause 37(1), (2)

or (3) or 38(1) or (2);

(b) telling persons about their rights to make complaints;

(c) procedures to be followed in order to assist persons to make

complaints;

(d) the referral to the Commissioner of complaints about matters,

where:

(i) the complainant could have made a complaint about the

same matter under subclause 37(1), (2) or (3) or 38(1)

or (2); and

(ii) the complainant is dissatisfied with the way in which

the complaint was dealt with under the code or standard;

(e) advice about the reasons for content having a particular

classification;

(f) procedures directed towards the achievement of the objective

of ensuring that, in the event that a commercial content

service provider becomes aware that:

(i) prohibited content; or

(ii) potential prohibited content;

is or was delivered to, or made available for access by, an

end-user of a commercial content service provided by

another commercial content service provider, the other

commercial content service provider is told about the

prohibited content or the potential prohibited content, as the

case may be;

(g) promoting awareness of the safety issues associated with

commercial content services or live content services;

(h) procedures to be followed in order to deal with safety issues

associated with commercial content services that are chat

services;

(i) procedures to be followed in order to assist parents and

responsible adults to deal with safety issues associated with

children’s use of commercial content services that are chat

services;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

General principles relating to industry codes and industry standards Division 3

Clause 83

Broadcasting Services Act 1992 215

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(j) giving parents and responsible adults information about how

to supervise and control children’s access to content provided

by commercial content services or live content services;

(k) procedures to be followed in order to assist parents and

responsible adults to supervise and control children’s access

to content provided by commercial content services or live

content services;

(l) procedures to be followed in order to inform producers of

content provided by commercial content services or live

content services about the legal responsibilities of

commercial content service providers in relation to that

content;

(m) the making and retention of records of content provided by a

commercial content service or a live content service;

(n) the making and retention of recordings of live content

provided by a live content service;

(o) procedures directed towards the achievement of the objective

of ensuring that, in the event that new content services or live

content services are developed that could put at risk the

safety of children who are end-users of the services, the

Commissioner is informed about those services.

83 Escalation of complaints

(1) This clause applies if an industry code or industry standard deals

with the matter referred to in paragraph 82(3)(a).

(2) The industry code or industry standard, as the case may be, must

also deal with the matter referred to in paragraph 82(3)(d).

84 Collection of personal information

(1) This clause applies to a provision of an industry code or industry

standard if the provision deals with the making and retention of:

(a) records of content provided by a content service; or

(b) recordings of live content provided by a live content service.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Clause 84

216 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) The provision must not authorise the collection of personal

information (within the meaning of the Privacy Act 1988) about an

end-user of a content service.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry codes Division 4

Clause 85

Broadcasting Services Act 1992 217

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 4—Industry codes

85 Registration of industry codes

(1) This clause applies if:

(a) the Commissioner is satisfied that a body or association

represents a particular section of the content industry; and

(b) that body or association develops an industry code that

applies to participants in that section of the industry and deals

with one or more matters relating to the content activities of

those participants; and

(c) the body or association gives a copy of the code to the

Commissioner; and

(d) the Commissioner is satisfied that:

(i) to the extent to which the code deals with one or more

matters of substantial relevance to the community—the

code provides appropriate community safeguards for

that matter or those matters; and

(ii) to the extent to which the code deals with one or more

matters that are not of substantial relevance to the

community—the code deals with that matter or those

matters in an appropriate manner; and

(e) the Commissioner is satisfied that, before giving the copy of

the code to the Commissioner:

(i) the body or association published a draft of the code and

invited members of the public to make submissions to

the body or association about the draft within a

specified period; and

(ii) the body or association gave consideration to any

submissions that were received from members of the

public within that period; and

(f) the Commissioner is satisfied that, before giving the copy of

the code to the Commissioner:

(i) the body or association published a draft of the code and

invited participants in that section of the industry to

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 4 Industry codes

Clause 86

218 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

make submissions to the body or association about the

draft within a specified period; and

(ii) the body or association gave consideration to any

submissions that were received from participants in that

section of the industry within that period; and

(g) the Commissioner is satisfied that the designated body has

been consulted about the development of the code.

Note: Designated body is defined by clause 79.

(2) The Commissioner must register the code by including it in the

Register of industry codes kept under clause 101.

(3) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must

run for at least 30 days.

(4) If:

(a) an industry code (the new code) is registered under this Part;

and

(b) the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new

code is registered.

86 Commissioner may request codes

(1) If the Commissioner is satisfied that a body or association

represents a particular section of the content industry, the

Commissioner may, by written notice given to the body or

association, request the body or association to:

(a) develop an industry code that applies to participants in that

section of the industry and deals with one or more specified

matters relating to the content activities of those participants;

and

(b) give the Commissioner a copy of the code within the period

specified in the notice.

(2) The period specified in a notice under subclause (1) must run for at

least 120 days.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry codes Division 4

Clause 87

Broadcasting Services Act 1992 219

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) The Commissioner must not make a request under subclause (1) in

relation to a particular section of the content industry unless the

Commissioner is satisfied that:

(a) the development of the code is necessary or convenient in

order to:

(i) provide appropriate community safeguards; or

(ii) otherwise deal with the performance or conduct of

participants in that section of the industry; and

(b) in the absence of the request, it is unlikely that an industry

code would be developed within a reasonable period.

(4) The Commissioner may vary a notice under subclause (1) by

extending the period specified in the notice.

(5) Subclause (4) does not limit the application of subsection 33(3) of

the Acts Interpretation Act 1901.

(6) A notice under subclause (1) may specify indicative targets for

achieving progress in the development of the code (for example, a

target of 60 days to develop a preliminary draft of the code).

87 Publication of notice where no body or association represents a

section of the content industry

(1) If the Commissioner is satisfied that a particular section of the

content industry is not represented by a body or association, the

Commissioner may publish a notice on the Commissioner’s

website:

(a) stating that, if such a body or association were to come into

existence within a specified period, the Commissioner would

be likely to give a notice to that body or association under

subclause 86(1); and

(b) setting out the matter or matters relating to the content

activities of those providers that would be likely to be

specified in the subclause 86(1) notice.

(2) The period specified in a notice under subclause (1) must run for at

least 60 days.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 4 Industry codes

Clause 88

220 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

88 Replacement of industry codes

(1) Changes to an industry code are to be achieved by replacing the

code instead of varying the code.

(2) If the replacement code differs only in minor respects from the

original code, clause 85 has effect, in relation to the registration of

the code, as if paragraphs 85(1)(e) and (f) of this Schedule had not

been enacted.

Note: Paragraphs 85(1)(e) and (f) deal with submissions about draft codes.

89 Compliance with industry codes

(1) If:

(a) a person is a participant in a particular section of the content

industry; and

(b) the Commissioner is satisfied that the person has

contravened, or is contravening, an industry code that:

(i) is registered under this Part; and

(ii) applies to participants in that section of the industry;

the Commissioner may, by written notice given to the person,

direct the person to comply with the industry code.

(2) A person must comply with a direction under subclause (1).

(3) Subclause (2) is a designated content/hosting service provider rule.

Note: For enforcement, see Part 6 of this Schedule.

90 Formal warnings—breach of industry codes

(1) This clause applies to a person who is a participant in a particular

section of the content industry.

(2) The Commissioner may issue a formal warning if the person

contravenes an industry code registered under this Part.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry standards Division 5

Clause 91

Broadcasting Services Act 1992 221

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 5—Industry standards

91 Commissioner may determine an industry standard if a request

for an industry code is not complied with

(1) This clause applies if:

(a) the Commissioner has made a request under subclause 86(1)

in relation to the development of a code that is to:

(i) apply to participants in a particular section of the

content industry; and

(ii) deal with one or more matters relating to the content

activities of those participants; and

(b) any of the following conditions is satisfied:

(i) the request is not complied with;

(ii) if indicative targets for achieving progress in the

development of the code were specified in the notice of

request—any of those indicative targets were not met;

(iii) the request is complied with, but the Commissioner

subsequently refuses to register the code; and

(c) the Commissioner is satisfied that it is necessary or

convenient for the Commissioner to determine a standard in

order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

(3) Before determining an industry standard under this clause, the

Commissioner must consult the body or association to whom the

request mentioned in paragraph (1)(a) was made.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 5 Industry standards

Clause 92

222 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) The Minister may, by legislative instrument, give the

Commissioner a written direction as to the exercise of his or her

powers under this clause.

92 Commissioner may determine industry standard where no

industry body or association formed

(1) This clause applies if:

(a) the Commissioner is satisfied that a particular section of the

content industry is not represented by a body or association;

and

(b) the Commissioner has published a notice under

subclause 87(1); and

(c) that notice:

(i) states that, if such a body or association were to come

into existence within a particular period, the

Commissioner would be likely to give a notice to that

body or association under subclause 86(1); and

(ii) sets out one or more matters relating to the content

activities of participants in that section of the industry;

and

(d) no such body or association comes into existence within that

period; and

(e) the Commissioner is satisfied that it is necessary or

convenient for the Commissioner to determine a standard in

order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry standards Division 5

Clause 93

Broadcasting Services Act 1992 223

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(3) The Minister may, by legislative instrument, give the

Commissioner a written direction as to the exercise of his or her

powers under this clause.

93 Commissioner may determine industry standards—total failure

of industry codes

(1) This clause applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

content industry; and

(ii) deals with one or more matters relating to the content

activities of those participants;

has been registered under this Part for at least 180 days; and

(b) the Commissioner is satisfied that the code is totally deficient

(as defined by subclause (6)); and

(c) the Commissioner has given the body or association that

developed the code a written notice requesting that

deficiencies in the code be addressed within a specified

period; and

(d) that period ends and the Commissioner is satisfied that it is

necessary or convenient for the Commissioner to determine a

standard that applies to participants in that section of the

industry and deals with that matter or those matters.

(2) The period specified in a notice under paragraph (1)(c) must run

for at least 30 days.

(3) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with that matter or those matters. A standard under this

subclause is to be known as an industry standard.

(4) If the Commissioner is satisfied that a body or association

represents that section of the industry, the Commissioner must

consult the body or association before determining an industry

standard under subclause (3).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 5 Industry standards

Clause 94

224 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(5) The industry code ceases to be registered under this Part on the day

on which the industry standard comes into force.

(6) For the purposes of this clause, an industry code that applies to

participants in a particular section of the content industry and deals

with one or more matters relating to the content activities of those

participants is totally deficient if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter or those matters; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter or those matters.

(7) The Minister may, by legislative instrument, give the

Commissioner a written direction as to the exercise of his or her

powers under this clause.

94 Commissioner may determine industry standards—partial

failure of industry codes

(1) This clause applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

content industry; and

(ii) deals with 2 or more matters relating to the content

activities of those participants;

has been registered under this Part for at least 180 days; and

(b) clause 93 does not apply to the code; and

(c) the Commissioner is satisfied that the code is deficient (as

defined by subclause (6)) to the extent to which the code

deals with one or more of those matters (the deficient matter

or deficient matters); and

(d) the Commissioner has given the body or association that

developed the code a written notice requesting that

deficiencies in the code be addressed within a specified

period; and

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry standards Division 5

Clause 94

Broadcasting Services Act 1992 225

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(e) that period ends and the Commissioner is satisfied that it is

necessary or convenient for the Commissioner to determine a

standard that applies to participants in that section of the

industry and deals with the deficient matter or deficient

matters.

(2) The period specified in a notice under paragraph (1)(d) must run

for at least 30 days.

(3) The Commissioner may, by legislative instrument, determine a

standard that applies to participants in that section of the industry

and deals with the deficient matter or deficient matters. A standard

under this subclause is to be known as an industry standard.

(4) If the Commissioner is satisfied that a body or association

represents that section of the industry, the Commissioner must

consult the body or association before determining an industry

standard under subclause (3).

(5) On and after the day on which the industry standard comes into

force, the industry code has no effect to the extent to which it deals

with the deficient matter or deficient matters. However, this

subclause does not affect:

(a) the continuing registration of the remainder of the industry

code; or

(b) any investigation, proceeding or remedy in respect of a

contravention of the industry code or clause 89 that occurred

before that day.

(6) For the purposes of this clause, an industry code that applies to

participants in a particular section of the content industry and deals

with 2 or more matters relating to the content activities of those

participants is deficient to the extent to which it deals with a

particular one of those matters if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 5 Industry standards

Clause 95

226 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(7) The Minister may, by legislative instrument, give the

Commissioner a written direction as to the exercise of his or her

powers under this clause.

95 Compliance with industry standards

(1) If:

(a) an industry standard that applies to participants in a particular

section of the content industry is registered under this Part;

and

(b) a person is a participant in that section of the content

industry;

the person must comply with the industry standard.

Note: For enforcement, see Part 6 of this Schedule.

(2) Subclause (1) is a designated content/hosting service provider rule.

96 Formal warnings—breach of industry standards

(1) This clause applies to a person who is a participant in a particular

section of the content industry.

(2) The Commissioner may issue a formal warning if the person

contravenes an industry standard registered under this Part.

97 Variation of industry standards

The Commissioner may, by legislative instrument, vary an industry

standard that applies to participants in a particular section of the

content industry if the Commissioner is satisfied that it is necessary

or convenient to do so to:

(a) provide appropriate community safeguards in relation to one

or more matters relating to the content activities of those

participants; and

(b) otherwise regulate adequately those participants in relation to

one or more matters relating to the content activities of those

participants.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Industry standards Division 5

Clause 98

Broadcasting Services Act 1992 227

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

98 Revocation of industry standards

(1) The Commissioner may, by legislative instrument, revoke an

industry standard.

(2) If:

(a) an industry code is registered under this Part; and

(b) the code is expressed to replace an industry standard;

the industry standard is revoked when the code is registered.

99 Public consultation on industry standards

(1) Before determining or varying an industry standard, the

Commissioner must:

(a) make a copy of the draft available on its website; and

(b) publish a notice on its website:

(i) stating that the Commissioner has prepared a draft of

the industry standard or variation; and

(ii) inviting interested persons to give written comments

about the draft to the Commissioner within the period

specified in the notice.

(2) The period specified in the notice must run for at least 30 days

after the publication of the notice.

(3) Subclause (1) does not apply to a variation if the variation is of a

minor nature.

(4) If interested persons have given comments in accordance with a

notice under subclause (1), the Commissioner must have due

regard to those comments in determining or varying the industry

standard, as the case may be.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 5 Industry standards

Clause 100

228 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

100 Consultation with designated body

(1) Before determining or varying an industry standard, the

Commissioner must consult the designated body.

(2) Before revoking an industry standard under subclause 98(1), the

Commissioner must consult the designated body.

Note: Designated body is defined by clause 79.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Industry codes and industry standards Part 4

Register of industry codes and industry standards Division 6

Clause 101

Broadcasting Services Act 1992 229

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 6—Register of industry codes and industry

standards

101 Commissioner to maintain Register of industry codes and

industry standards

(1) The Commissioner is to maintain a Register in which the

Commissioner includes:

(a) all industry codes required to be registered under this Part;

and

(b) all industry standards; and

(c) all requests made under clause 86; and

(d) all notices under clause 87; and

(e) all directions under clause 89.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 4 Industry codes and industry standards

Division 7 Miscellaneous

Clause 102

230 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Division 7—Miscellaneous

102 Industry codes may provide for matters by reference to other

instruments

Section 589 of the Telecommunications Act 1997 applies to an

industry code in a corresponding way to the way in which it applies

to an instrument under that Act.

103 Industry standards may provide for matters by reference to

other instruments

Section 589 of the Telecommunications Act 1997 applies to an

industry standard in a corresponding way to the way in which it

applies to an instrument under that Act.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Designated content/hosting service provider determinations Part 5

Clause 104

Broadcasting Services Act 1992 231

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Designated content/hosting service

provider determinations

104 Designated content/hosting service provider determinations

(1) The Commissioner may, by legislative instrument, determine rules

that apply to designated content/hosting service providers in

relation to the provision of designated content/hosting services.

(2) A determination under subclause (1) is called a designated

content/hosting service provider determination.

(3) A designated content/hosting service provider determination has

effect only to the extent that:

(a) it is authorised by paragraph 51(v) of the Constitution (either

alone or when read together with paragraph 51(xxxix) of the

Constitution); or

(b) both:

(i) it is authorised by section 122 of the Constitution; and

(ii) it would have been authorised by paragraph 51(v) of the

Constitution (either alone or when read together with

paragraph 51(xxxix) of the Constitution) if section 51 of

the Constitution extended to the Territories.

(4) The Commissioner must not make a designated content/hosting

service provider determination unless the determination relates to a

matter specified in the regulations.

(5) A designated content/hosting service provider determination may

make provision for or in relation to a particular matter by

empowering the Commissioner to make decisions of an

administrative character.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 5 Designated content/hosting service provider determinations

Clause 105

232 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

105 Exemptions from designated content/hosting service provider

determinations

(1) The Minister may, by legislative instrument, determine that a

specified designated content/hosting service provider is exempt

from designated content/hosting service provider determinations.

(2) The Minister may, by legislative instrument, determine that a

specified designated content/hosting service provider is exempt

from a specified designated content/hosting service provider

determination.

(3) A determination under this clause may be unconditional or subject

to such conditions (if any) as are specified in the determination.

(4) A determination under this clause has effect accordingly.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Enforcement Part 6

Clause 106

Broadcasting Services Act 1992 233

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 6—Enforcement

106 Compliance with designated content/hosting service provider

rules—offence

(1) A person commits an offence if:

(a) the person is a designated content/hosting service provider;

and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes a designated

content/hosting service provider rule that applies to the

person.

Penalty: 100 penalty units.

(2) A person who contravenes subclause (1) commits a separate

offence in respect of each day (including a day of a conviction for

the offence or any later day) during which the contravention

continues.

107 Compliance with designated content/hosting service provider

rules—civil penalty provision

(1) A person must not contravene a designated content/hosting service

provider rule if:

(a) the person is a designated content/hosting service provider;

and

(b) the rule applies to the person.

(2) Subclause (1) is a civil penalty provision.

(3) A person who contravenes subclause (1) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 6 Enforcement

Clause 108

234 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

108 Remedial directions—breach of designated content/hosting

service provider rules

(1) This clause applies if the Commissioner is satisfied that a

designated content/hosting service provider has contravened, or is

contravening, a designated content/hosting service provider rule

that applies to the provider.

(2) The Commissioner may give the designated content/hosting

service provider a written direction requiring the provider to take

specified action directed towards ensuring that the provider does

not contravene the rule, or is unlikely to contravene the rule, in the

future.

(3) The following are examples of the kinds of direction that may be

given to a designated content/hosting service provider under

subclause (2):

(a) a direction that the provider implement effective

administrative systems for monitoring compliance with a

designated content/hosting service provider rule;

(b) a direction that the provider implement a system designed to

give the provider’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of a designated content/hosting service provider rule, in so

far as those requirements affect the employees, agents or

contractors concerned.

Offence

(4) A person commits an offence if:

(a) the person is subject to a direction under subclause (2); and

(b) the person engages in conduct; and

(c) the person’s conduct contravenes the direction.

Penalty: 100 penalty units.

(5) A person who contravenes subclause (4) commits a separate

offence in respect of each day (including a day of a conviction for

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Enforcement Part 6

Clause 109

Broadcasting Services Act 1992 235

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

the offence or any later day) during which the contravention

continues.

Civil penalty

(6) A person must comply with a direction under subclause (2).

(7) Subclause (6) is a civil penalty provision.

(8) A person who contravenes subclause (6) commits a separate

contravention of that subclause in respect of each day (including a

day of the making of a relevant civil penalty order or any

subsequent day) during which the contravention continues.

109 Formal warnings—breach of designated content/hosting service

provider rules

The Commissioner may issue a formal warning to a person if the

Commissioner is satisfied that the person has contravened, or is

contravening, a designated content/hosting service provider rule

that applies to the person.

110 Federal Court may order a person to cease providing designated

content/hosting services

(1) If the Commissioner is satisfied that a person is providing a

designated content/hosting service otherwise than in accordance

with a designated content/hosting service provider rule that applies

to the person, the Commissioner may apply to the Federal Court

for an order that the person cease providing that designated

content/hosting service.

(2) If the Federal Court is satisfied, on such an application, that the

person is providing a designated content/hosting service otherwise

than in accordance with a designated content/hosting service

provider rule that applies to the person, the Federal Court may

order the person to cease providing that designated content/hosting

service.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 7 Protection from civil and criminal proceedings

Clause 111

236 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 7—Protection from civil and criminal

proceedings

111 Protection from civil proceedings—service providers

Hosting service provider

(1) Civil proceedings do not lie against a hosting service provider in

respect of anything done by the provider in compliance with

clause 53.

Live content service provider

(2) Civil proceedings do not lie against a live content service provider

in respect of anything done by the provider in compliance with

clause 60.

Links service provider

(3) Civil proceedings do not lie against a links service provider in

respect of anything done by the provider in compliance with

clause 68.

112 Protection from criminal proceedings—Commissioner,

Classification Board and Classification Review Board

(1) For the purposes of this clause, each of the following is a protected

person:

(a) the Commissioner;

(c) a member of the staff of the ACMA;

(d) a consultant engaged under section 69 of the Enhancing

Online Safety Act 2015;

(e) an officer or employee whose services are made available to

the ACMA under paragraph 55(1)(a) of the Australian

Communications and Media Authority Act 2005;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Protection from civil and criminal proceedings Part 7

Clause 112

Broadcasting Services Act 1992 237

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(f) a member or temporary member of the Classification Board;

(g) a member of staff assisting the Classification Board or

Classification Review Board as mentioned in section 88A of

the Classification (Publications, Films and Computer

Games) Act 1995;

(h) a consultant engaged to assist in the performance of the

functions of the Classification Board or the functions of the

Classification Review Board;

(i) an officer whose services are made available to the

Classification Board under subsection 54(3) of the

Classification (Publications, Films and Computer Games)

Act 1995;

(j) a member of the Classification Review Board.

(2) Criminal proceedings do not lie against a protected person for or in

relation to:

(a) the collection of content or material; or

(b) the possession of content or material; or

(c) the distribution of content or material; or

(d) the delivery of content or material; or

(e) the copying of content or material; or

(f) the doing of any other thing in relation to content or material;

in connection with the exercise of a power, or the performance of a

function, conferred on the Commissioner, the Classification Board

or the Classification Review Board by this Schedule or Schedule 5

to this Act.

Definition

(3) In this clause:

possession includes have in custody or control.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 8 Review of decisions

Clause 113

238 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 8—Review of decisions

113 Review by the Administrative Appeals Tribunal

Decisions under Division 3 of Part 3

(1) An application may be made to the Administrative Appeals

Tribunal for a review of any of the following decisions made by

the Commissioner:

(a) a decision to give a hosting service provider an interim

take-down notice;

(b) a decision to give a hosting service provider a final

take-down notice;

(c) a decision to give a hosting service provider a special

take-down notice;

(d) a decision under subclause 47(2) or (3) to apply to the

Classification Board for classification of content hosted by a

hosting service provider.

(2) An application under subclause (1) may only be made by the

hosting service provider concerned.

Decisions under Division 4 of Part 3

(3) An application may be made to the Administrative Appeals

Tribunal for a review of any of the following decisions made by

the Commissioner:

(a) a decision to give a live content service provider an interim

service-cessation notice;

(b) a decision to give a live content service provider a final

service-cessation notice;

(ba) a decision to give a live content service provider a special

service-cessation notice;

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Review of decisions Part 8

Clause 113

Broadcasting Services Act 1992 239

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) a decision under subclause 56(2) or (3) to apply to the

Classification Board for classification of content provided by

a live content service.

(4) An application under subclause (3) may only be made by the live

content service provider concerned.

Decisions under Division 5 of Part 3

(5) An application may be made to the Administrative Appeals

Tribunal for a review of any of the following decisions made by

the Commissioner:

(a) a decision to give a links service provider an interim

link-deletion notice;

(b) a decision to give a links service provider a final

link-deletion notice;

(c) a decision to give a links service provider a special

link-deletion notice;

(d) a decision under subclause 62(2) or (3) to apply to the

Classification Board for classification of content that can be

accessed using a link provided by a links service.

(6) An application under subclause (5) may only be made by the links

service provider concerned.

Decisions under clause 85

(7) An application may be made to the Administrative Appeals

Tribunal for a review of a decision of the Commissioner under

clause 85 to refuse to register a code.

(8) An application under subclause (7) may only be made by the body

or association that developed the code.

Decisions under clause 89

(9) An application may be made to the Administrative Appeals

Tribunal for a review of a decision of the Commissioner under

clause 89 to:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 8 Review of decisions

Clause 113

240 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) give a direction to a designated content/hosting service

provider; or

(b) vary a direction that is applicable to a designated

content/hosting service provider; or

(c) refuse to revoke a direction that is applicable to a designated

content/hosting service provider.

(10) An application under subclause (9) may only be made by the

designated content/hosting service provider concerned.

Decisions under subclause 104(5) or clause 108

(11) An application may be made to the Administrative Appeals

Tribunal for a review of any of the following decisions made by

the Commissioner:

(a) a decision of a kind referred to in subclause 104(5) (which

deals with decisions under designated content/hosting service

provider determinations), where the decision relates to a

designated content/hosting service provider;

(b) a decision under clause 108 to:

(i) give a direction to a designated content/hosting service

provider; or

(ii) vary a direction that is applicable to a designated

content/hosting service provider; or

(iii) refuse to revoke a direction that is applicable to a

designated content/hosting service provider.

(12) An application under subclause (11) may only be made by the

designated content/hosting service provider concerned.

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Miscellaneous Part 9

Clause 114

Broadcasting Services Act 1992 241

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 9—Miscellaneous

114 Additional Commissioner functions

The Commissioner has the following functions:

(a) to monitor compliance with codes and standards registered

under Part 4 of this Schedule;

(b) to advise and assist parents and responsible adults in relation

to the supervision and control of children’s access to content

services;

(c) to conduct and/or co-ordinate community education

programs about content services, in consultation with

relevant industry and consumer groups and government

agencies;

(d) to conduct and/or commission research into issues relating to

content services;

(e) to liaise with regulatory and other relevant bodies overseas

about co-operative arrangements for the regulation of the

commercial content services industry, including (but not

limited to) collaborative arrangements to develop:

(i) multilateral codes of practice; and

(ii) content labelling technologies;

(f) to inform himself or herself and advise the Minister on

technological developments and service trends in the

commercial content services industry.

115 Recordings of content etc.

Recordings of live content

(1) The Commissioner may:

(a) make a recording of live content, or of a segment of live

content, for the purposes of:

(i) an investigation under Division 2 of Part 3; or

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 9 Miscellaneous

Clause 116

242 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(ii) an application to the Classification Board under

clause 22; and

(b) make one or more copies of such a recording for the purposes

of:

(i) an investigation under Division 2 of Part 3; or

(ii) an application to the Classification Board under

clause 22.

Copies of stored content

(2) The Commissioner may make one or more copies of stored content

for the purposes of:

(a) an investigation under Division 2 of Part 3; or

(b) an application to the Classification Board under clause 22.

Copyright

(3) The Commissioner does not infringe copyright if the

Commissioner does anything authorised by subclause (1) or (2).

116 Samples of content to be submitted for classification

The Commissioner must, from time to time:

(a) select samples of content that have been the subject of

complaints under clause 37; and

(b) apply to the Classification Board under clause 22 for

classification of that content.

117 Service of summons, process or notice on corporations

incorporated outside Australia

(1) This clause applies to:

(a) a summons or process in any proceedings under, or

connected with, this Schedule; or

(b) a notice under this Schedule;

where:

Authorised Version C2018C00375 registered 17/09/2018

Content services Schedule 7

Miscellaneous Part 9

Clause 117A

Broadcasting Services Act 1992 243

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(c) the summons, process or notice, as the case may be, is

required to be served on, or given to, a body corporate

incorporated outside Australia; and

(d) the body corporate does not have a registered office or a

principal office in Australia; and

(e) the body corporate has an agent in Australia.

(2) The summons, process or notice, as the case may be, is taken to

have been served on, or given to, the body corporate if it is served

on, or given to, the agent.

(3) Subclause (2) has effect in addition to section 28A of the Acts

Interpretation Act 1901.

Note: Section 28A of the Acts Interpretation Act 1901 deals with the service

of documents.

117A Meaning of broadcasting service

Disregard the following provisions of this Schedule in determining

the meaning of the expression broadcasting service:

(a) clause 9A;

(b) subparagraph 20(1)(c)(vi).

119 This Schedule does not limit Schedule 5

This Schedule does not limit the operation of Schedule 5.

120 This Schedule does not limit the Telecommunications Act 1997

This Schedule does not limit the operation of the

Telecommunications Act 1997.

121 Implied freedom of political communication

(1) This Schedule does not apply to the extent (if any) that it would

infringe any constitutional doctrine of implied freedom of political

communication.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 7 Content services

Part 9 Miscellaneous

Clause 122

244 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(2) Subclause (1) does not limit the application of section 15A of the

Acts Interpretation Act 1901 to this Act.

122 Concurrent operation of State and Territory laws

It is the intention of the Parliament that this Schedule is not to

apply to the exclusion of a law of a State or Territory to the extent

to which that law is capable of operating concurrently with this

Schedule.

123 Schedule not to affect performance of State or Territory

functions

A power conferred by this Schedule must not be exercised in such

a way as to prevent the exercise of the powers, or the performance

of the functions, of government of a State, the Northern Territory

or the Australian Capital Territory.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Introduction Part 1

Clause 1

Broadcasting Services Act 1992 245

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 1 Introduction

Clause 2

246 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Introduction Part 1

Clause 2

Broadcasting Services Act 1992 247

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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 Schedule 5.

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 1 Introduction

Clause 3

248 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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:

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Introduction Part 1

Clause 3

Broadcasting Services Act 1992 249

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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).

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 1 Introduction

Clause 4

250 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Introduction Part 1

Clause 5

Broadcasting Services Act 1992 251

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 1 Introduction

Clause 8

252 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Online content service provider rules Part 2

Clause 11

Broadcasting Services Act 1992 253

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 1 Online content service provider rules relating to gambling promotional

content

Clause 13

254 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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:

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Online content service provider rules relating to gambling promotional content

Division 1

Clause 14

Broadcasting Services Act 1992 255

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(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

(d) retain those records for the period ascertained in accordance

with the first-mentioned rules; and

(e) make those retained records available to the ACMA on

request.

Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.

(4) For the purposes of subparagraph (3)(c)(i), each of the following is

an example of a kind of record:

(a) a written record;

(b) an audio record;

(c) an audio-visual record.

End-user physically present in Australia

(5) Online content service provider rules made for the purposes of

subclause (1) or (2) do not apply in relation to content provided on

an online content service to an end-user unless the end-user is

physically present in Australia.

14 Accidental or incidental provision of gambling promotional

content

The online content service provider rules do not apply in relation to

the provision of gambling promotional content on an online

content service if:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 1 Online content service provider rules relating to gambling promotional

content

Clause 15

256 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(a) the gambling promotional content is provided as an

accidental or incidental accompaniment to the provision of

other content; and

(b) the provider of the online content service does not receive

any direct or indirect benefit (whether financial or not) for

providing the gambling promotional content (in addition to

any direct or indirect benefit that the provider receives for

providing the other content).

15 Individual exemptions from online content service provider rules

(1) The ACMA may, by writing, determine that a specified online

content service is exempt from online content service provider

rules made for the purposes of subclause 13(1) or (2).

(2) The ACMA may, by writing, determine that a specified online

content service is exempt from one or more specified provisions of

online content service provider rules made for the purposes of

subclause 13(1) or (2).

(3) The ACMA may, by writing, determine that a specified online

content service provider is exempt from online content service

provider rules made for the purposes of subclause 13(1) or (2).

(4) The ACMA may, by writing, determine that a specified online

content service provider is exempt from one or more specified

provisions of online content service provider rules made for the

purposes of subclause 13(1) or (2).

Decision-making criteria

(5) In deciding whether to make a determination under subclause (1)

or (2) in relation to an online content service, the ACMA must

have regard to:

(a) whether the online content service is a small online content

service; and

(b) whether a failure to make the determination would be likely

to have a substantial adverse effect on the financial

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Online content service provider rules relating to gambling promotional content

Division 1

Clause 15

Broadcasting Services Act 1992 257

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

circumstances of the provider of the online content service;

and

(c) the likely impact of a failure to make the determination on

the quantity and quality of content provided on the online

content service; and

(d) such other matters (if any) as the ACMA considers relevant.

(6) In deciding whether to make a determination under subclause (3)

or (4) in relation to an online content service provider, the ACMA

must have regard to:

(a) whether the online content services provided by the provider

are small online content services; and

(b) whether a failure to make the determination would be likely

to have a substantial adverse effect on the financial

circumstances of the provider; and

(c) the likely impact of a failure to make the determination on

the quantity and quality of the content provided on the online

content services provided by the provider; and

(d) such other matters (if any) as the ACMA considers relevant.

Small online content service

(7) For the purposes of this clause, in determining whether an online

content service is a small online content service, the ACMA must

have regard to:

(a) if the service has accounts for end-users—the number of

accounts that are held by end-users who are ordinarily

resident in Australia; and

(b) if the service does not have accounts for end-users—the

number of end-users who are ordinarily resident in Australia;

and

(c) such other matters (if any) as the ACMA considers relevant.

(8) For the purposes of paragraphs (7)(a) and (b), the ACMA may

make such assumptions and estimates as the ACMA considers

reasonable.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 1 Online content service provider rules relating to gambling promotional

content

Clause 16

258 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(9) The ACMA may publish on the ACMA’s website a statement that

explains the ACMA’s approach to the administration of

subclauses (7) and (8).

(10) A statement under subclause (9) is not a legislative instrument.

Other matters

(11) A determination under this clause may be:

(a) unconditional; or

(b) subject to such conditions (if any) as are specified in the

determination.

(12) If the ACMA makes a determination under subclause (1), (2), (3)

or (4), the ACMA must publish a copy of the determination on the

ACMA’s website.

(13) Subsection 13(3) of the Legislation Act 2003 does not apply to

subclause (1), (2), (3) or (4).

(14) A determination made under subclause (1), (2), (3) or (4) is not a

legislative instrument.

16 Class exemptions from online content service provider rules

(1) The ACMA may, by legislative instrument, determine that online

content services included in a specified class of online content

services are exempt from online content service provider rules

made for the purposes of subclause 13(1) or (2).

(2) The ACMA may, by legislative instrument, determine that online

content services included in a specified class of online content

services are exempt from one or more specified provisions of

online content service provider rules made for the purposes of

subclause 13(1) or (2).

(3) The ACMA may, by legislative instrument, determine that online

content service providers included in a specified class of online

content service providers are exempt from online content service

provider rules made for the purposes of subclause 13(1) or (2).

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Online content service provider rules relating to gambling promotional content

Division 1

Clause 16

Broadcasting Services Act 1992 259

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) The ACMA may, by legislative instrument, determine that online

content service providers included in a specified class of online

content service providers are exempt from one or more specified

provisions of online content service provider rules made for the

purposes of subclause 13(1) or (2).

(5) A determination under this clause may be:

(a) unconditional; or

(b) subject to such conditions (if any) as are specified in the

determination.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 2 Interpretive provisions

Clause 17

260 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

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

(1) For the purposes of the application of this Schedule to a sporting

event, if content that consists of live coverage of the sporting event

is, or is to be, provided on a distinct part of an online content

service (the overall online content service):

(a) that part is taken to be an online content service in its own

right; and

(b) that part is taken not to be included in the overall online

content service.

(2) For the purposes of subclause (1), it is immaterial whether:

(a) gambling promotional content; or

(b) any other content;

is, or is to be, provided on that part.

18 Gambling service

For the purposes of this Schedule, gambling service means:

(a) a service for the placing, making, receiving or acceptance of

bets; or

(b) a service the sole or dominant purpose of which is to

introduce individuals who wish to make or place bets to

individuals who are willing to receive or accept those bets; or

(c) a service for the conduct of a lottery; or

(d) a service for the supply of lottery tickets; or

(e) a service for the conduct of a game, where:

(i) the game is played for money or anything else of value;

and

(ii) the game is a game of chance or of mixed chance and

skill; and

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Interpretive provisions Division 2

Clause 19

Broadcasting Services Act 1992 261

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(iii) a customer of the service gives or agrees to give

consideration to play or enter the game; or

(f) a gambling service (within the ordinary meaning of that

expression) that is not covered by any of the above

paragraphs.

19 Sporting event

(1) Each of the following is taken to be a sporting event for the

purposes of this Schedule:

(a) the Summer Olympic Games;

(b) the Winter Olympic Games;

(c) the Commonwealth Games;

(d) any similar games.

(2) The online content service provider rules may provide that a

specified thing is taken to be a sporting event for the purposes of

this Schedule.

(3) The online content service provider rules may provide that a

specified thing is taken not to be a sporting event for the purposes

of this Schedule.

(4) The following are examples of things that may be specified in the

online content service provider rules made for the purposes of

subclause (2) or (3):

(a) a match;

(b) a series of matches;

(c) a race;

(d) a series of races;

(e) a stage;

(f) a time trial;

(g) a qualification session;

(h) a tournament;

(i) a round.

(5) For the purposes of this clause, thing includes a series of things.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 3 Gambling promotional content

Division 2 Interpretive provisions

Clause 20

262 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

20 Live coverage of a sporting event

For the purposes of this Schedule, if:

(a) content that consists of live coverage of a sporting event is

provided on an online content service; and

(b) there is an unscheduled break in the sporting event;

any content provided on the service during the break is taken to be

content that consists of live coverage of the sporting event.

21 Gambling promotional content provided in conjunction with live

coverage of a sporting event

(1) For the purposes of this Schedule, gambling promotional content

(other than a commentator betting odds promotion or a

representative venue-based promotion) is provided on an online

content service in conjunction with live coverage of a sporting

event if, and only if, the content is provided on the service during

the period:

(a) beginning 5 minutes before the scheduled start of the

sporting event; and

(b) ending 5 minutes after the conclusion of the sporting event.

(2) However, if coverage of the sporting event is delayed, this clause

has effect as if there were a corresponding delay to the period

mentioned in subclause (1).

(3) For the purposes of this Schedule, gambling promotional content

that consists of a commentator betting odds promotion or a

representative venue-based promotion is provided on an online

content service in conjunction with live coverage of a sporting

event if, and only if, the promotion is provided on the service

during the period:

(a) beginning 30 minutes before the scheduled start of the

sporting event; and

(b) ending 30 minutes after the conclusion of the sporting event.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Gambling promotional content Part 3

Interpretive provisions Division 2

Clause 22

Broadcasting Services Act 1992 263

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(4) However, if coverage of the sporting event is delayed, this clause

has effect as if there were a corresponding delay to the period

mentioned in subclause (3).

22 Scheduled start of a sporting event

The online content service provider rules may provide that, for the

purposes of the application of this Schedule to a specified sporting

event, scheduled start has the meaning given by the online content

service provider rules.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

23 Conclusion of a sporting event

The online content service provider rules may provide that, for the

purposes of the application of this Schedule to a specified sporting

event, conclusion has the meaning given by the online content

service provider rules.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 4 Complaints

Clause 24

264 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 4—Complaints

24 Complaints to ACMA—online content service provider rules

(1) If a person has reason to believe that an online content service

provider has contravened the online content service provider rules,

the person may make a complaint to the ACMA about the matter.

(2) The ACMA may conduct an investigation into the complaint if it

thinks that it is desirable to do so, but is not required to conduct an

investigation.

Note: One of the ACMA’s functions is to monitor compliance with the

online content service provider rules.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Enforcement Part 5

Clause 25

Broadcasting Services Act 1992 265

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 5—Enforcement

25 Compliance with the online content service provider rules

(1) An online content service provider must not contravene the online

content service provider rules.

Civil penalty provision

(2) Subclause (1) is a civil penalty provision.

(3) An online content service provider who contravenes subclause (1)

commits a separate contravention of that subclause in respect of

each day (including a day of the making of a relevant civil penalty

order or any subsequent day) during which the contravention

continues.

Designated infringement notice provision

(4) Subclause (1) is a designated infringement notice provision.

26 Remedial directions—breach of the online content service

provider rules

Scope

(1) This clause applies if an online content service provider has

contravened, or is contravening, the online content service provider

rules.

Remedial directions

(2) The ACMA may give the provider a written direction requiring the

provider to take specified action directed towards ensuring that the

provider does not contravene the online content service provider

rules, or is unlikely to contravene the online content service

provider rules, in the future.

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 5 Enforcement

Clause 26

266 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Note: For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(3) The following are examples of the kinds of direction that may be

given to an online content service provider under subclause (2):

(a) a direction that the provider implement effective

administrative systems for monitoring compliance with the

online content service provider rules;

(b) a direction that the provider implement a system designed to

give the provider’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of the online content service provider rules, in so far as those

requirements affect the employees, agents or contractors

concerned.

(4) An online content service provider must not contravene a direction

under subclause (2).

Civil penalty provision

(5) Subclause (4) is a civil penalty provision.

(6) An online content service provider who contravenes subclause (4)

commits a separate contravention of that subclause in respect of

each day (including a day of the making of a relevant civil penalty

order or any subsequent day) during which the contravention

continues.

Notice

(7) For the purposes of this Act and the Australian Communications

and Media Authority Act 2005, a direction under subclause (2) is

taken to be a notice under this Schedule.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Miscellaneous Part 6

Clause 27

Broadcasting Services Act 1992 267

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Part 6—Miscellaneous

27 Minister may direct the ACMA about the exercise of its powers

(1) The Minister may, by legislative instrument, give the ACMA a

direction about the exercise of the powers conferred on the ACMA

by this Schedule (other than Part 4 or 5).

(2) The ACMA must comply with a direction under subclause (1).

28 Service of notices by electronic means

Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act

1999 do not apply to:

(a) a notice under this Schedule; or

(b) a notice under any other provision of this Act, so far as that

provision relates to this Schedule.

Note: Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999

deal with the consent of the recipient of information to the information

being given by way of electronic communication.

29 Service of summons, process or notice on corporations

incorporated outside Australia

Scope

(1) This clause applies to:

(a) a summons or process in any proceedings under, or

connected with, this Schedule; or

(b) a notice under this Schedule; or

(c) a notice under any other provision of this Act, so far as that

provision relates to this Schedule;

where:

Authorised Version C2018C00375 registered 17/09/2018

Schedule 8 Online content services

Part 6 Miscellaneous

Clause 30

268 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

(d) the summons, process or notice, as the case may be, is

required to be served on, or given to, a body corporate

incorporated outside Australia; and

(e) the body corporate does not have a registered office or a

principal office in Australia; and

(f) the body corporate has an agent in Australia.

Service

(2) The summons, process or notice, as the case may be, is taken to

have been served on, or given to, the body corporate if it is served

on, or given to, the agent.

(3) Subclause (2) has effect in addition to section 28A of the Acts

Interpretation Act 1901.

Note: Section 28A of the Acts Interpretation Act 1901 deals with the service

of documents.

30 This Schedule does not limit Schedule 5 or 7

This Schedule does not limit the operation of Schedule 5 or 7.

31 Schedule 5 or 7 does not limit this Schedule

Schedule 5 or 7 does not limit the operation of this Schedule.

32 Implied freedom of political communication

(1) The provisions of:

(a) this Schedule; and

(b) the online content service provider rules;

have no effect to the extent (if any) that their operation would

infringe any constitutional doctrine of implied freedom of political

communication.

(2) Subclause (1) does not limit the application of section 15A of the

Acts Interpretation Act 1901 to this Act.

Authorised Version C2018C00375 registered 17/09/2018

Online content services Schedule 8

Miscellaneous Part 6

Clause 33

Broadcasting Services Act 1992 269

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

33 Acquisition of property

The provisions of:

(a) this Schedule; and

(b) the online content service provider rules;

have no effect to the extent (if any) to which their operation would

result in an acquisition of property (within the meaning of

paragraph 51(xxxi) of the Constitution) from a person otherwise

than on just terms (within the meaning of that paragraph).

34 Concurrent operation of State and Territory laws

It is the intention of the Parliament that this Schedule is not to

apply to the exclusion of a law of a State or Territory to the extent

to which that law is capable of operating concurrently with this

Schedule.

35 Schedule not to affect performance of State or Territory

functions

A power conferred by this Schedule must not be exercised in such

a way as to prevent the exercise of the powers, or the performance

of the functions, of government of a State, the Northern Territory

or the Australian Capital Territory.

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 1—About the endnotes

270 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 1—About the endnotes

Broadcasting Services Act 1992 271

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 2—Abbreviation key

272 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 273

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Act 1992

110, 1992 14 July 1992 ss. 4, 5, 7–92 and 117–

218: 5 Oct 1992 (see

Gazette 1992, No.

GN38)

Remainder: Royal

Assent

Act No 105,

1992

Radiocommunications

(Transitional Provisions

and Consequential

Amendments) Act 1992

167, 1992 11 Dec 1992 1 July 1993 —

Broadcasting Services

(Subscription Television

Broadcasting)

Amendment Act 1992

171, 1992 11 Dec 1992 11 Dec 1992 —

Transport and

Communications

Legislation Amendment

Act (No. 3) 1992

216, 1992 24 Dec 1992 s 11–13, 15–18 and

20: 24 Dec 1992 (s

2(1))

s 14 and 19: 24 June

1993 (s 2(6), (10))

Tobacco Advertising

Prohibition Act 1992

218, 1992 24 Dec 1992 s 37: 1 July 1993 (s

2(3))

Broadcasting Services

Amendment Act 1993

1, 1993 14 May 1993 14 May 1993 —

Broadcasting Services

Amendment Act (No. 2)

1993

2, 1993 14 May 1993 14 May 1993 —

Communications and the

Arts Legislation

Amendment Act (No. 1)

1995

32, 1995 12 Apr 1995 Sch (items 6–51): 12

Apr 1995 (s 2(1))

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

274 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Competition Policy

Reform Act 1995

88, 1995 20 July 1995 Sch 3: 6 Nov 1995 (s

2(2) and gaz 1995,

No S423)

Broadcasting Services

Amendment Act 1995

139, 1995 8 Dec 1995 ss. 1, 2, 8, 9, 12(1), 13

and 14: Royal Assent

Remainder: 5 Jan 1996

ss. 3(2) and 14–

16

Telecommunications

(Transitional Provisions

and Consequential

Amendments) Act 1997

59, 1997 3 May 1997 Sch 1 (items 7–12):

1 July 1997 (s 2(2)(d))

Sch 1 (items 13, 14):

7 July 1997 (s 2(5))

Broadcasting Services

Amendment Act 1997

115, 1997 7 July 1997 7 July 1997 (s 2) Sch 1 (item 5)

Communications

Legislation Amendment

Act (No. 1) 1997

119, 1997 7 July 1997 4 Aug 1997 —

Broadcasting Services

Legislation Amendment

Act 1997

143, 1997 8 Oct 1997 8 Oct 1997 Sch. 1 (items 8,

9)

Audit (Transitional and

Miscellaneous)

Amendment Act 1997

152, 1997 24 Oct 1997 Sch 2 (items 597–

604): 1 Jan 1998 (s

2(2))

Broadcasting Services

Amendment Act (No. 2)

1997

180, 1997 27 Nov 1997 25 Dec 1997 —

Financial Sector Reform

(Consequential

Amendments) Act 1998

48, 1998 29 June 1998 Sch 1 (item 24): 1 July

1998 (s 2(2))

Television Broadcasting

Services (Digital

Conversion) Act 1998

99, 1998 27 July 1998 27 July 1998 Sch. 1 (item 7)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 275

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Amendment (Online

Services) Act 1999

90, 1999 16 July 1999 16 July 1999 —

Broadcasting Services

Amendment Act (No. 2)

1999

122, 1999 13 Oct 1999 13 Oct 1999 —

Public Employment

(Consequential and

Transitional)

Amendment Act 1999

146, 1999 11 Nov 1999 Sch 1 (items 282,

283): 5 Dec 1999 (s

2(1), (2))

Corporate Law

Economic Reform

Program Act 1999

156, 1999 24 Nov 1999 Sch 10 (item 68): 13

Mar 2000 (s 2(2)(c)

and gaz 2000, No

S114)

Broadcasting Services

Amendment Act (No. 1)

1999

197, 1999 23 Dec 1999 Sch 1, Sch 3 (items 1–

11) and Sch 4: 23 Dec

1999 (s 2(1))

Sch 2: 20 Jan 2000 (s

2(2))

Sch 3 (items 14–19): 4

Mar 2001 (s 2(3))

Sch 3 (items 10,

11, 19)

Broadcasting Services

Amendment Act (No. 3)

1999

198, 1999 23 Dec 1999 Sch 1 (items 6–19):

1 July 2000 (s 2(2))

Sch 1 (items 20, 22):

1 July 2001 (s 2(3))

Sch 1 (item 21): never

commenced (s 2(3)

and s 2(3)(a) of Act

No. 5, 2001)

Remainder: 23 Dec

1999 (s 2(1))

Sch 1 (items 5,

19, 22)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

276 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Amendment (Digital

Television and

Datacasting) Act 2000

108, 2000 3 Aug 2000 Schedule 1 (items 75,

137, 137A, 142, 143):

Royal Assent

Schedule 1

(items 134A–134D,

136A, 136B, 136D–

136J, 139A, 139D,

139E): 3 Feb 2001

Remainder: 1 Jan 2001

(see Gazette 2000, No.

GN50)

Sch. 1

(items 141–145)

Criminal Code

Amendment (Theft,

Fraud, Bribery and

Related Offences) Act

2000

137, 2000 24 Nov 2000 Sch 2 (items 126, 127,

418, 419): 24 May

2001 (s 2(3))

Sch 2

(items 418, 419)

Broadcasting Services

Amendment Act 2000

172, 2000 21 Dec 2000 Sch 1 (items 2–26,

36): 21 Dec 2000 (s

2(1))

Sch 2 (items 1–6): 1

Jan 2001 (s 2(2))

Sch 1 (item 36)

Communications and the

Arts Legislation

Amendment

(Application of Criminal

Code) Act 2001

5, 2001 20 Mar 2001 s 4 and Sch 1

(items 18–26, 28–38):

24 May 2001 (s

2(1)(a))

Sch 1 (item 27): 1 July

2001 (s 2(3)(b))

s 4

Classification

(Publications, Films and

Computer Games)

Amendment Act (No. 1)

2001

13, 2001 22 Mar 2001 22 Mar 2002 —

Broadcasting Legislation

Amendment Act 2001

23, 2001 6 Apr 2001 6 Apr 2001 —

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 277

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporations (Repeals,

Consequentials and

Transitionals) Act 2001

55, 2001 28 June 2001 s 4–14 and Sch 3

(items 88–93): 15 July

2001 (s 2(1), (3))

s 4–14

Broadcasting Legislation

Amendment Act (No. 2)

2001

92, 2001 20 July 2001 20 July 2001 ss. 4 and 5

Financial Sector

(Collection of Data—

Consequential and

Transitional Provisions)

Act 2001

121, 2001 24 Sept 2001 ss. 1–3: Royal Assent

Remainder: 1 July

2002 (see s. 2(2) and

Gazette 2002, No.

GN24)

Broadcasting Legislation

Amendment Act (No. 2)

2002

120, 2002 2 Dec 2002 Schedules 1 and 2:

30 Dec 2002

Remainder: Royal

Assent

Sch. 1 (item 16)

and Sch. 2

(items 11, 12)

Broadcasting Legislation

Amendment Act (No. 1)

2002

126, 2002 10 Dec 2002 10 Dec 2002 —

Broadcasting Legislation

Amendment Act (No. 1)

2003

4, 2003 26 Feb 2003 26 Feb 2003 —

Therapeutic Goods

Amendment Act (No. 1)

2003

39, 2003 27 May 2003 Schedule 2: 27 Nov

2003

Sch. 2 (item 3)

Communications

Legislation Amendment

Act (No. 3) 2003

108, 2003 24 Oct 2003 Schedule 1 (items 1–

7): 12 Dec 2003 (see

Gazette 2003, No.

GN49)

Schedule 1 (items 25–

48): 21 Nov 2003

Remainder: Royal

Assent

Sch. 1 (item 24)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

278 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Classification

(Publications, Films and

Computer Games)

Amendment Act 2004

61, 2004 26 May 2004 Schedules 1 and 2:

26 May 2005

Remainder: Royal

Assent

Sch. 2

(items 30–32)

US Free Trade

Agreement

Implementation Act

2004

120, 2004 16 Aug 2004 Schedule 10: Royal

Assent

Crimes Legislation

Amendment

(Telecommunications

Offences and Other

Measures) Act (No. 2)

2004

127, 2004 31 Aug 2004 Schedule 1 (item 2):

1 Mar 2005

Financial Framework

Legislation Amendment

Act 2005

8, 2005 22 Feb 2005 s. 4 and Schedule 1

(items 109, 496):

Royal Assent

s. 4 and Sch. 1

(item 496)

Broadcasting Services

Amendment

(Anti-Siphoning) Act

2005

43, 2005 1 Apr 2005 2 Apr 2005 Sch. 1 (item 2)

Australian

Communications and

Media Authority

(Consequential and

Transitional Provisions)

Act 2005

45, 2005 1 Apr 2005 Sch 1 (items 6–58),

Sch 2 and 4: 1 July

2005 (s 2(1) items 2,

3, 10)

Sch 4

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 279

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

as amended by

Omnibus Repeal Day

(Autumn 2014) Act

2014

109, 2014 16 Oct 2014 Sch 2 (items 177–

181): 17 Oct 2014

(s 2(1) item 2)

Broadcasting Services

Amendment

(Subscription Television

Drama and Community

Broadcasting Licences)

Act 2006

71, 2006 23 June 2006 Schedule 1: 1 Jan 2006

Remainder: Royal

Assent

Sch. 1 (item 62)

Communications

Legislation Amendment

(Enforcement Powers)

Act 2006

120, 2006 4 Nov 2006 Schedule 1: 4 Feb

2007

Remainder: Royal

Assent

Sch. 1

(items 53, 54)

Broadcasting Legislation

Amendment Act (No. 1)

2006

127, 2006 4 Nov 2006 5 Nov 2006 —

Broadcasting Legislation

Amendment (Digital

Television) Act 2006

128, 2006 4 Nov 2006 Schedule 1 (items 1–

20, 28, 28A): 5 Nov

2006

Schedule 2 (items 1A,

1–88, 88A, 93, 93A–

93E): 1 Jan 2007

Schedule 2A (items 1–

27): 4 May 2007

Schedule 3 (items 1–

16): 1 Jan 2009

Sch. 1

(items 28, 28A)

and Sch. 2

(items 93, 93A–

93E)

as amended by

Statute Law Revision

Act 2008

73, 2008 3 July 2008 Sch 2 (item 2): 4 May

2007 (s 2(1) item 45)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

280 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Amendment (Media

Ownership) Act 2006

129, 2006 4 Nov 2006 Schedule 1: 1 Feb

2007

Schedule 2: 4 Apr

2007 (see

F2007L00837)

Schedule 3: 1 Jan 2009

Remainder: Royal

Assent

Broadcasting Services

Amendment (Collection

of Datacasting

Transmitter Licence

Fees) Act 2006

153, 2006 8 Dec 2006 1 Jan 2007 —

Statute Law Revision

Act 2007

8, 2007 15 Mar 2007 Sch 1 (item 2): 15 Mar

2007 (s 2(1) item 3)

Classification

(Publications, Films and

Computer Games)

Amendment Act 2007

27, 2007 15 Mar 2007 Sch 1 (items 1–3, 16,

17): 1 July 2007 (s

2(1) item 2)

Sch 1 (items 16,

17)

Broadcasting Legislation

Amendment Act 2007

28, 2007 15 Mar 2007 Sch 1 (items 1, 2): 15

Mar 2007 (s 2)

Broadcasting Legislation

Amendment (Digital

Radio) Act 2007

68, 2007 28 May 2007 Sch 1 (items 1–118,

183–185): 29 May

2007 (s 2(1) item 2)

Sch 1

(items 183–185)

Communications

Legislation Amendment

(Content Services) Act

2007

124, 2007 20 July 2007 Sch 1 (items 8–77,

100–104): 20 Jan 2008

(s 2(1) item 2)

Sch 1 (items 106,

107): 20 July 2007 (s

2(1) item 3)

Sch 2 (item 1): 20 July

2008 (s 2(1) item 4)

Sch 1

(items 100–104,

106, 107)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 281

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Communications

Legislation Amendment

(Miscellaneous

Measures) Act 2008

72, 2008 3 July 2008 Sch 1: 4 July 2008 (s

2(1) item 2)

Sch 1 (item 5)

Statute Law Revision

Act 2008

73, 2008 3 July 2008 Sch 1 (items 15, 16):

3 July 2008 (s 2(1)

item 10)

Broadcasting Legislation

Amendment (Digital

Radio) Act 2008

114, 2008 31 Oct 2008 Sch 1 (items 1–3): 1

Nov 2008 (s 2)

Same-Sex Relationships

(Equal Treatment in

Commonwealth Laws—

General Law Reform)

Act 2008

144, 2008 9 Dec 2008 Sch 3 (items 3–10): 10

Dec 2008 (s 2(1)

item 12)

Sch 3 (item 10)

Broadcasting Legislation

Amendment (Digital

Television Switch-over)

Act 2008

158, 2008 18 Dec 2008 Sch 1: 19 Dec 2008 (s

2(1) item 2)

Sch 2: 16 Feb 2009 (s

2(1) item 3)

Sch 2 (items 21,

22)

Statute Stocktake

(Regulatory and Other

Laws) Act 2009

111, 2009 16 Nov 2009 Sch 1 (items 2–6): 17

Nov 2009 (s 2)

Statute Law Revision

Act 2010

8, 2010 1 Mar 2010 Sch 1 (Broadcasting

Services Act 1992,

Note) and Sch 5

(items 15–26, 137,

138): 1 Mar 2010 (s

2(1) items 2, 31, 38)

Sch 5

(item 138)

Broadcasting Legislation

Amendment (Digital

Television) Act 2010

94, 2010 29 June 2010 Sch 1 (items 1–134):

30 June 2010 (s 2(1)

item 2)

Sch 1

(item 134)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

282 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

as amended by

Statute Law Revision

Act 2011

5, 2011 22 Mar 2011 Sch 2 (item 1):

30 June 2010 (s 2(1)

item 3)

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 2) 2010

103, 2010 13 July 2010 Sch 6 (items 1, 40–

48): 1 Jan 2011 (s 2(1)

items 3–5)

Statute Law Revision

Act 2011

5, 2011 22 Mar 2011 Sch 1 (item 10): 22

Mar 2011 (s 2(1)

item 2)

Broadcasting Legislation

Amendment (Digital

Dividend and Other

Measures) Act 2011

36, 2011 26 May 2011 Sch 1 (items 1–28),

Sch 2 (items 2–60) and

Sch 3: 27 May 2011 (s

2(1) item 2)

Sch 3

Acts Interpretation

Amendment Act 2011

46, 2011 27 June 2011 Sch 2 (items 293–313)

and Sch 3 (items 10,

11): 27 Dec 2011 (s

2(1) items 3, 12)

Sch 3 (items 10,

11)

Broadcasting Services

Amendment (Review of

Future Uses of

Broadcasting Services

Bands Spectrum) Act

2011

177, 2011 5 Dec 2011 6 Dec 2011 (s 2) —

Broadcasting Services

Amendment (Regional

Commercial Radio) Act

2012

34, 2012 15 Apr 2012 Sch 1: 16 Apr 2012 (s

2(1) item 2)

Sch 2: 15 Oct 2012 (s

2(1) item 3)

Sch 1 (item 16)

and Sch 2

(item 13)

Broadcasting Services

Amendment (Improved

Access to Television

Services) Act 2012

83, 2012 28 June 2012 Sch 1: 29 June 2012 (s

2(1) item 2)

Sch 1

(items 14–16)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 283

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Services

Amendment (Digital

Television) Act 2012

88, 2012 28 June 2012 29 June 2012 (s 2) Sch 1 (items 8,

14)

Classification

(Publications, Films and

Computer Games)

Amendment (R 18+

Computer Games) Act

2012

103, 2012 6 July 2012 Sch 1 (item 5): 1 Jan

2013 (s 2)

Statute Law Revision

Act 2012

136, 2012 22 Sept 2012 Sch 1 (items 21–24):

22 Sept 2012 (s 2(1)

item 2)

Australian Charities and

Not-for-profits

Commission

(Consequential and

Transitional) Act 2012

169, 2012 3 Dec 2012 Sch 2 (items 153,

154): 3 Dec 2012 (s

2(1))

Sch 4 (item 12): never

commenced (s 2(1)

item 14)

Federal Circuit Court of

Australia (Consequential

Amendments) Act 2013

13, 2013 14 Mar 2013 Sch 1 (items 58, 59)

and Sch 4: 12 Apr

2013 (s 2(1) items 2,

22)

Sch 4

Broadcasting Legislation

Amendment

(Convergence Review

and Other Measures) Act

2013

29, 2013 30 Mar 2013 Sch 1 (items 1–14): 31

Mar 2013 (s 2(1)

item 2)

Sch 1

(items 12–14)

Broadcasting Legislation

Amendment (Digital

Dividend) Act 2013

51, 2013 28 May 2013 Sch 1 (items 1–10):

1 Oct 2013 (s 2(2))

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

284 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Sex Discrimination

Amendment (Sexual

Orientation, Gender

Identity and Intersex

Status) Act 2013

98, 2013 28 June 2013 Sch 1 (items 63A,

63B): 1 Aug 2013 (s

2(1) item 2)

Statute Law Revision

Act 2013

103, 2013 29 June 2013 Sch 1 (items 24–28)

and Sch 3 (items 34–

66, 343): 29 June 2013

(s 2(1) items 2, 16)

Sch 3

(item 343)

Statute Law Revision

Act (No. 1) 2014

31, 2014 27 May 2014 Sch 1 (item 9), Sch 4

(items 11–23, 61) and

Sch 8 (item 9):

24 June 2014

Classification

(Publications, Films and

Computer Games)

Amendment

(Classification Tools and

Other Measures) Act

2014

99, 2014 11 Sept 2014 Sch 6 (items 29–40):

12 Sept 2014 (s 2(1)

item 8)

Sch 6

(items 31–40)

Omnibus Repeal Day

(Autumn 2014) Act 2014

109, 2014 16 Oct 2014 Sch 2 (items 6–16, 24,

83–85, 106–111, 182,

183, 208–224): 17 Oct

2014 (s 2(1) item 2)

Sch 2 (items 24,

214, 216, 218)

Statute Law Revision

Act (No. 1) 2015

5, 2015 25 Feb 2015 Sch 1 (item 9), Sch 5

(items 1, 2): 25 Mar

2015 (s 2(1) items 2,

10)

Acts and Instruments

(Framework Reform)

Act 2015

10, 2015 5 Mar 2015 Sch 3 (items 15–66): 5

Mar 2016 (s 2(1)

item 2)

Sch 3

(items 348, 349)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 285

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting and Other

Legislation Amendment

(Deregulation) Act 2015

22, 2015 19 Mar 2015 Sch 1 (items 2–9) and

Sch 3–9: 20 Mar 2015

(s 2(1) items 2, 4)

Sch 2 (items 2–133,

164, 165): 19 Mar

2015 (s 2(1) item 3)

Sch 2

(items 164,

165), Sch 3

(item 5), Sch 5

(item 4), Sch 6

(items 17, 18)

and Sch 8

(item 3)

as amended by

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb 2016 Sch 2 (items 1, 2): 20

Mar 2015 (s 2(1)

item 3)

Enhancing Online Safety

for Children

(Consequential

Amendments) Act 2015

25, 2015 24 Mar 2015 Sch 1 and Sch 3:

1 July 2015 (s 2(1)

items 2, 3, 6)

Sch 3

Norfolk Island

Legislation Amendment

Act 2015

59, 2015 26 May 2015 Sch 2 (items 77, 78):

1 July 2016 (s 2(1)

item 5)

Sch 2 (items 356–

396): 18 June 2015 (s

2(1) item 6)

Sch 2

(items 356–396)

as amended by

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar 2016 Sch 2: 24 Mar 2016 (s

2(1) item 2)

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept 2015 Sch 1 (items 82–93): 5

Mar 2016 (s 2(1)

item 2)

Broadcasting Legislation

Amendment (Primary

Television Broadcasting

Service) Act 2015

127, 2015 16 Sept 2015 17 Sept 2015 (s 2(1)

item 1)

Sch 1 (item 28)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

286 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb 2016 Sch 4 (items 1, 34–

42): 10 Mar 2016 (s

2(1) item 6)

Broadcasting Legislation

Amendment (Digital

Radio) Act 2016

14, 2016 29 Feb 2016 Sch 1 (items 1–43),

Sch 2, Sch 3 (items 1–

7) and Sch 5 (item 1):

1 Mar 2016 (s 2(1)

item 1)

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar 2016 Sch 5 (item 21): 1 July

2016 (s 2(1) item 7)

Enhancing Online Safety

for Children Amendment

Act 2017

51, 2017 22 June 2017 Sch 1 (items 30–32,

48, 49, 51): 23 June

2017 (s 2(1) item 1)

Sch 1 (items 48,

49, 51)

Statute Update (Winter

2017) Act 2017

93, 2017 23 Aug 2017 Sch 1 (item 5): 20 Sept

2017 (s 2(1) item 2)

Electoral and Other

Legislation Amendment

Act 2017

99, 2017 14 Sept 2017 Sch 1 (items 53–60):

14 Mar 2018 (s 2(1)

item 2)

Broadcasting Legislation

Amendment

(Broadcasting Reform)

Act 2017

113, 2017 16 Oct 2017 Sch 1, Sch 2, Sch 3

(items 1, 2), Sch 4

(items 1–8, 10), Sch 5

(items 14–19, 22–25),

Sch 6 (items 3–8, 38–

42) and Sch 7: 17 Oct

2017 (s 2(1) items 2,

3, 5, 12, 13, 15, 16)

Sch 3 (items 3, 4):

17 Apr 2018 (s 2(1)

item 4)

Sch 3 (item 4),

Sch 4 (item 10),

Sch 5

(items 22–25)

and Sch 6

(items 38–42)

Therapeutic Goods

Amendment (2017

Measures No. 1) Act

2018

7, 2018 5 Mar 2018 Sch 6 (items 52–58,

65): 1 July 2020

(s 2(1) item 6)

Sch 6 (item 65)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Broadcasting Services Act 1992 287

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Broadcasting Legislation

Amendment (Digital

Radio) Act 2018

11, 2018 5 Mar 2018 Sch 1 (items 1, 15):

5 Mar 2018 (s 2(1)

item 1)

Sch 1 (item 15)

Communications

Legislation Amendment

(Online Content Services

and Other Measures) Act

2018

28, 2018 11 Apr 2018 Sch 1 (items 3–22):

12 Apr 2018 (s 2(1)

item 1)

Communications

Legislation Amendment

(Regional and Small

Publishers Innovation

Fund) Act 2018

43, 2018 19 June 2018 20 June 2018 (s 2(1)

item 1)

Broadcasting Legislation

Amendment (Foreign

Media Ownership,

Community Radio and

Other Measures) Act

2018

95, 2018 31 Aug 2018 Sch 1 (items 2–10),

Sch 2 and 3: 1 Sept

2018 (s 2(1) item 1)

Sch 2 (item 3)

Enhancing Online Safety

(Non-consensual Sharing

of Intimate Images) Act

2018

96, 2018 31 Aug 2018 Sch 1 (item 1): 1 Sept

2018 (s 2(1) item 1)

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

288 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnote 4—Amendment history

Provision affected How affected

Title ...............................................am No 115, 1997; No 90, 1999; No 108, 2000; No 124, 2007

Part 1

s 3 ..................................................am No 90, 1999; Nos 108 and 172, 2000; No 129, 2006; No 124, 2007;

No 8, 2010; No 28, 2018

s 4 ..................................................am No 90, 1999; Nos 108 and 172, 2000; No 45, 2005; No 124, 2007;

No 8, 2010; No 28, 2018

s 5 ..................................................am No 90, 1999; No 108, 2000; No 45, 2005; No 124, 2007; No 8,

2010; No 28, 2018

s 6 ..................................................am No 167, 1992; No 216, 1992; No 1, 1993; No 32, 1995; No 59,

1997; No 119, 1997; No 198, 1999; No 108, 2000; No 137, 2000; No

172, 2000; No 120, 2002; No 45, 2005; No 120, 2006; No 128, 2006;

No 129, 2006; No 68, 2007; No 124, 2007; No 144, 2008; No 158,

2008; No 94, 2010; No 36, 2011; No 46, 2011; Nos 34, 2012; No 169,

2012; No 13, 2013; No 31, 2014; No 109, 2014; No 5, 2015; No 10,

2015; No 22, 2015; No 25, 2015; No 14, 2016; No 51, 2017; No 113,

2017; No 28, 2018

s 7 ..................................................am No 108, 2000

s 8A................................................ad No 108, 2000

s 8AA.............................................ad No 68, 2007

s 8AB.............................................ad No 68, 2007

s 8AC.............................................ad No 68, 2007

am No 114, 2008; No 8, 2010; No 14, 2016; No 11, 2018

s 8AD.............................................ad No 68, 2007

s 8AE .............................................ad No 94, 2010

rep No 22, 2015

s 8AF .............................................ad No 34, 2012

s 8B................................................ad No 120, 2002

am No 45, 2005; No 103, 2013

s 10AA...........................................ad No 33, 2016

s 10A..............................................ad No 5, 2001

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 289

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Part 2

s 11 ................................................am No 172, 2000

s 11A..............................................ad No 172, 2000

s 12 ................................................am No 172, 2000

s 13 ................................................am No 10, 2015

s 14 ................................................am No 94, 2010

s 17 ................................................am No 216, 1992

s 18 ................................................am No 216, 1992; No 108, 2000; No 128, 2006; No 68, 2007

s 18A..............................................ad No 172, 2000

am No 103, 2013

s 19 ................................................am No 172, 2000; No 45, 2005; No 10, 2015

s 20 ................................................rep No 10, 2015

s 21 ................................................am No 172, 2000; No 45, 2005

s 22 ................................................am No 45, 2005

Part 3

s 23 ................................................am No 45, 2005

s 24 ................................................am No 45, 2005

rep No 22, 2015

s 25 ................................................am No 167, 1992; No 45, 2005; No 68, 2007

rep No 22, 2015

s 26 ................................................am No 45, 2005; No 128, 2006; No 68, 2007; No 36, 2011; No 29,

2013; No 22, 2015

s 26A..............................................ad No 128, 2006

am No 128, 2006; No 36, 2011

rep No 22, 2015

s 26AA...........................................ad No 36, 2011

s 26B..............................................ad No 128, 2006

am No 128, 2006; No 36, 2011

rep No 22, 2015

s 26C..............................................ad No 68, 2007

am No 14, 2016

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

290 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 26D..............................................ad No 68, 2007

s 27 ................................................am No 45, 2005; No 36, 2011

rep No 22, 2015

s 28 ................................................rs No 99, 1998

am No 108, 2000; No 45, 2005

rep No 128, 2006

s 28A..............................................ad No 99, 1998

am No 108, 2000

rep No 128, 2006

s 29 ................................................am No 119, 1997; No 45, 2005; No 94, 2010; No 36, 2011

s 30 ................................................am No 45, 2005

s 31 ................................................am No 119, 1997; No 45, 2005; No 10, 2015

s 32 ................................................rep No 10, 2015

s 33 ................................................am No 45, 2005

s 34 ................................................am No 119, 1997; No 99, 1998; No 108, 2000; No 45, 2005; No 51,

2013

s 35 ................................................am No 45, 2005

rep No 22, 2015

s 35A..............................................ad No 128, 2006

am No 158, 2008

rs No 177, 2011

rep No 29, 2013

Part 4

Division 1

Division 1 heading.........................ad No 94, 2010

s 35B..............................................ad No 128, 2006

rep No 29, 2013

s 35C..............................................ad No 68, 2007

rep No 14, 2016

s 35D..............................................ad No 68, 2007

am No 8, 2010

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 291

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 14, 2016

s 36 ................................................am No 45, 2005; No 128, 2006

s 36A..............................................ad No 68, 2007

am No 14, 2016

s 37 ................................................am No 45, 2005; No 94, 2010

s 37A..............................................ad No 29, 2013

s 38 ................................................am No 45, 2005

s 38A..............................................ad No 139, 1995

am No 99, 1998; No 108, 2000; No 45, 2005; No 128, 2006; No 94,

2010; No 22, 2015

s 38B..............................................ad No 108, 2000

am No 92, 2001; No 108, 2003; No 45, 2005; Nos 127 and 128, 2006;

No 94, 2010; No 10, 2015; No 22, 2015

s 38C..............................................ad No 94, 2010

am No 88, 2012; No 136, 2012; No 22, 2015

s 39 ................................................rs No 139, 1995

am No 45, 2005; No 22, 2015

s 40 ................................................am No 45, 2005; No 128, 2006; No 5, 2011

s 41 ................................................am No 108, 2000; No 45, 2005; No 120, 2006

Division 2

Division 2 heading.........................ad No 94, 2010

s 41A..............................................ad No 128, 2006

rep No 22, 2015

s 41B..............................................ad No 128, 2006

am No 94, 2010; No 36, 2011

rep No 22, 2015

s 41C..............................................ad No 128, 2006

am No 94, 2010

rs No 22, 2015

s 41CA...........................................ad No 94, 2010

am No 88, 2012; No 22, 2015; No 127, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

292 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 41D..............................................ad No 68, 2007

am No 14, 2016

Division 3

Division 3 heading.........................ad No 94, 2010

s 42 ................................................am No 94, 2010

s 43 ................................................am No 45, 2005

s 43A..............................................ad No 129, 2006

rep No 113, 2017

s 43AA...........................................ad No 94, 2010

am No 36, 2011; No 22, 2015

s 43AB...........................................ad No 94, 2010

am No 22, 2015

s 43AC...........................................ad No 94, 2010

am No 36, 2011; No 22, 2015

s 43AD...........................................ad No 94, 2010

s 43B..............................................ad No 129, 2006

am No 34, 2012

rep No 34, 2012

s 43C..............................................ad No 129, 2006

am No 34, 2012; No 109, 2014; No 22, 2015

s 43D..............................................ad No 68, 2007

s 44 ................................................am No 45, 2005

Division 4

Division 4 heading.........................ad No 94, 2010

s 45 ................................................am No 94, 2010

s 46 ................................................am No 45, 2005

s 47 ................................................am No 45, 2005

s 49 ................................................am No 45, 2005

Part 5

Part 5 heading ................................rs No 108, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 293

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Division 1

s 50A..............................................ad No 129, 2006

am No 94, 2010

s 51A..............................................ad No 128, 2006

s 52 ................................................am No 45, 2005; No 22, 2015

s 52A..............................................ad No 129, 2006

am No 95, 2018

Division 2

Subdivision A

Subdivision A heading...................ad No 108, 2000

s 53 ................................................am No 113, 2017

Subdivision B

Subdivision B ................................ad No 108, 2000

s 54A..............................................ad No 108, 2000

Subdivision C ................................ad No 68, 2007

rep No 14, 2016

s 54B..............................................ad No 68, 2007

rep No 14, 2016

Division 3

Subdivision A

Subdivision A heading...................ad No 108, 2000

s 55 ................................................am No 113, 2017

Subdivision B

Subdivision B ................................ad No 108, 2000

s 56A..............................................ad No 108, 2000

Division 4 ......................................rep No 129, 2006

s 57 ................................................am No 139, 1995

rep No 129, 2006

s 58 ................................................am No 45, 2005

rep No 129, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

294 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Division 5

Division 5 heading.........................rs No 129, 2006

s 59 ................................................am No 143, 1997; No 45, 2005; No 129, 2006; No 8, 2010

ss 60, 61 .........................................rep No 129, 2006

Division 5A

Division 5A....................................ad No 129, 2006

Subdivision A

s 61AA...........................................ad No 129, 2006

am No 129, 2006; No 94, 2010; No 113, 2017

s 61AB...........................................ad No 129, 2006

s 61AC...........................................ad No 129, 2006

am No 129, 2006; No 22, 2015

s 61AD...........................................ad No 129, 2006

s 61AE ...........................................ad No 129, 2006

am No 22, 2015

s 61AEA ........................................ad No 129, 2006

rep No 113, 2017

s 61AF ...........................................ad No 129, 2006

Subdivision B

s 61AG...........................................ad No 129, 2006

s 61AH...........................................ad No 129, 2006

s 61AJ ............................................ad No 129, 2006

s 61AK...........................................ad No 129, 2006

s 61AL ...........................................ad No 129, 2006

s 61AM ..........................................ad No 129, 2006

Subdivision BA..............................rep No 113, 2017

s 61AMA .......................................ad No 129, 2006

rep No 113, 2017

s 61AMB .......................................ad No 129, 2006

rep No 113, 2017

s 61AMC .......................................ad No 129, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 295

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 113, 2017

s 61AMD .......................................ad No 129, 2006

rep No 113, 2017

s 61AME........................................ad No 129, 2006

rep No 113, 2017

s 61AMF........................................ad No 129, 2006

rep No 113, 2017

Subdivision C

s 61AN...........................................ad No 129, 2006

s 61ANA........................................ad No 129, 2006

rep No 113, 2017

s 61AP ...........................................ad No 129, 2006

am No 113, 2017

s 61AQ...........................................ad No 129, 2006

am No 113, 2017

s 61AR...........................................ad No 129, 2006

am No 113, 2017

Subdivision D

s 61AS ...........................................ad No 129, 2006

am No 8, 2010; No 113, 2017

s 61AT ...........................................ad No 129, 2006

Subdivision E

s 61AU...........................................ad No 129, 2006

am No 8, 2010

s 61AV...........................................ad No 129, 2006

s 61AW..........................................ad No 129, 2006

s 61AX...........................................ad No 129, 2006

s 61AY...........................................ad No 129, 2006

s 61AZ ...........................................ad No 129, 2006

am No 113, 2017

s 61AZA ........................................ad No 129, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

296 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 61AZB.........................................ad No 129, 2006

s 61AZC.........................................ad No 129, 2006

s 61AZCA......................................ad No 129, 2006

s 61AZD ........................................ad No 129, 2006

s 61AZE.........................................ad No 129, 2006

s 61AZF.........................................ad No 129, 2006

s 61AZG ........................................ad No 129, 2006

s 61AZH ........................................ad No 129, 2006

Division 5B

Division 5B....................................ad No 129, 2006

s 61BA...........................................ad No 129, 2006

s 61BB ...........................................ad No 129, 2006

s 61BC ...........................................ad No 129, 2006

am No 8, 2010

s 61BD...........................................ad No 129, 2006

s 61BE ...........................................ad No 129, 2006

s 61BF............................................ad No 129, 2006

am No 4, 2016

s 61BG...........................................ad No 129, 2006

s 61BH...........................................ad No 129, 2006

Division 5C

Division 5C....................................ad No 129, 2006

Subdivision A

s 61CA...........................................ad No 129, 2006

s 61CAA ........................................ad No 34, 2012

s 61CB ...........................................ad No 129, 2006

am No 34, 2012

s 61CC ...........................................ad No 129, 2006

Subdivision B

s 61CD...........................................ad No 129, 2006

am No 34, 2012

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 297

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 61CE ...........................................ad No 129, 2006

Subdivision C

s 61CF............................................ad No 129, 2006

s 61CG...........................................ad No 129, 2006

s 61CH...........................................ad No 129, 2006

s 61CJ ............................................ad No 129, 2006

am No 8, 2010

s 61CK...........................................ad No 129, 2006

s 61CL ...........................................ad No 129, 2006

s 61CM ..........................................ad No 129, 2006

s 61CN...........................................ad No 129, 2006

am No 93, 2017

s 61CP............................................ad No 129, 2006

s 61CPA.........................................ad No 129, 2006

s 61CQ...........................................ad No 129, 2006

Subdivision D

s 61CR ...........................................ad No 129, 2006

s 61CS............................................ad No 129, 2006

s 61CT ...........................................ad No 129, 2006

Division 5D

Division 5D....................................ad No 113, 2017

s 61CU...........................................ad No 113, 2017

am No 95, 2018

s 61CV...........................................ad No 113, 2017

s 61CW..........................................ad No 113, 2017

s 61CX...........................................ad No 113, 2017

am No 95, 2018

s 61CY...........................................ad No 113, 2017

am No 95, 2018

s 61CYA ........................................ad No 95, 2018

s 61CYB ........................................ad No 95, 2018

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

298 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 61CZ ...........................................ad No 113, 2017

s 61CZA.........................................ad No 113, 2017

s 61CZB.........................................ad No 113, 2017

s 61CZC.........................................ad No 113, 2017

s 61CZD.........................................ad No 113, 2017

Division 6

s 62 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,

2007; No 109, 2014

rep No 22, 2015

s 63 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,

2007; No 109, 2014; No 22, 2015; No 14, 2016

s 64 ................................................am No 32, 1995; No 108, 2000; No 45, 2005; No 129, 2006; No 68,

2007; No 109, 2014; No 22, 2015; No 14, 2016

s 65 ................................................am No 32, 1995; No 45, 2005

rs No 129, 2006

rep No 109, 2014

s 65A..............................................ad No 120, 2006

am No 109, 2014; No 22, 2015

s 65B..............................................ad No 120, 2006

am No 109, 2014; No 22, 2015

Division 7

s 66 ................................................am No 32, 1995; No 108, 2000; No 5, 2001; No 45, 2005; No 129,

2006; No 4, 2016

s 67 ................................................am No 45, 2005; No 129, 2006

s 68 ................................................am No 45, 2005

s 69 ................................................am No 32, 1995; No 108, 2000; No 4, 2016

Division 8

Division 8 heading.........................am No 45, 2005

s 70 ................................................am No 45, 2005; No 129, 2006

s 71 ................................................am No 45, 2005

s 72 ................................................am No 32, 1995; No 108, 2000; No 4, 2016

Division 9

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 299

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 73 ................................................rs No 139, 1995; No 99, 1998

am No 108, 2000

s 73A..............................................ad No 108, 2000

rs No 92, 2001

Division 10

Division 10 heading .......................am No 45, 2005

s 74 ................................................am No 108, 2000; No 45, 2005

Division 10A

Division 10A..................................ad No 95, 2018

Subdivision A

s 74A..............................................ad No 95, 2018

s 74B..............................................ad No 95, 2018

s 74C..............................................ad No 95, 2018

Subdivision B

s 74D..............................................ad No 95, 2018

s 74E..............................................ad No 95, 2018

Subdivision C

s 74F ..............................................ad No 95, 2018

s 74G..............................................ad No 95, 2018

s 74H..............................................ad No 95, 2018

s 74J...............................................ad No 95, 2018

s 74K..............................................ad No 95, 2018

s 74L..............................................ad No 95, 2018

s 74M.............................................ad No 95, 2018

Subdivision D

s 74N..............................................ad No 95, 2018

s 74P ..............................................ad No 95, 2018

s 74Q..............................................ad No 95, 2018

s 74R..............................................ad No 95, 2018

s 74S ..............................................ad No 95, 2018

s 74T..............................................ad No 95, 2018

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

300 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 74U..............................................ad No 95, 2018

Division 11

s 75 ................................................am No 139, 1995; No 99, 1998; No 108, 2000; No 45, 2005

s 77 ................................................am No 103, 2010

Part 6

s 79A..............................................ad No 119, 1997

s 80 ................................................am No 45, 2005

s 81 ................................................am No 120, 2002; No 45, 2005

s 82 ................................................am No 45, 2005; No 68, 2007

s 83 ................................................am No 108, 2000; No 120, 2002; No 45, 2005; No 120, 2006

s 84 ................................................am No 45, 2005; No 95, 2018

s 84A..............................................ad No 68, 2007

s 85 ................................................am No 45, 2005

s 85A..............................................ad No 68, 2007

s 86 ................................................am No 120, 2002

s 87 ................................................am No 120, 2002; No 45, 2005

s 87A..............................................ad No 120, 2002

am No 45, 2005; No 10, 2015

s 87B..............................................ad No 68, 2007

s 88 ................................................am No 45, 2005

s 89 ................................................am No 72, 2008

s 90 ................................................am No 120, 2002; No 45, 2005; No 72, 2008

s 91 ................................................am No 120, 2002; No 45, 2005; No 72, 2008

s 91A..............................................ad No 71, 2006

s 92 ................................................am No 45, 2005

Part 6A

Part 6A...........................................ad No 119, 1997

ss 92A–92C....................................ad No 119, 1997

am No 45, 2005

s 92D..............................................ad No 119, 1997

am No 108, 2000; No 45, 2005; No 120, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 301

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 92E..............................................ad No 119, 1997

am No 45, 2005

s 92F ..............................................ad No 119, 1997

am No 99, 1998; No 45, 2005

s 92G..............................................ad No 119, 1997

am No 45, 2005

s 92H..............................................ad No 119, 1997

s 92J...............................................ad No 119, 1997

am No 45, 2005

s 92K..............................................ad No 119, 1997

s 92L..............................................ad No 119, 1997

am No 45, 2005

Part 7

Part 7..............................................ad No 171, 1992

Division 1

s 93 ................................................ad No 171, 1992

am No 88, 1995

rep No 45, 2005

s 94 ................................................ad No 171, 1992

am No 1, 1993

rep No 111, 2009

s 95 ................................................ad No 171, 1992

am No 45, 2005; No 94, 2010

s 96 ................................................ad No 171, 1992

am No 1, 1993; No 88, 1995; No 45, 2005; No 103, 2010

s 96A..............................................ad No 1, 1993

am No 88, 1995; No 45, 2005

rep No 129, 2006

s 97 ................................................ad No 171, 1992

am No 88, 1995; No 45, 2005; No 8, 2010; No 103, 2010

s 98 ................................................ad No 171, 1992

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

302 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 108, 2000; No 45, 2005; No 120, 2006

ss 98A, 98B....................................ad No 2, 1993

am No 88, 1995

rep No 45, 2005

s 98C..............................................ad No 2, 1993

rep No 45, 2005

s 98D..............................................ad No 2, 1993

am No 94, 2010

Division 2

s 99 ................................................ad No 171, 1992

am No 45, 2005

s 100 ..............................................ad No 171, 1992

am No 1, 1993; No 45, 2005; No 27, 2007

s 101 ..............................................ad No 171, 1992

rep No 45, 2005

s 102 ..............................................ad No 171, 1992

rep No 198, 1999

s 103 ..............................................ad No 171, 1992

rep No 45, 2005

Division 2A

Division 2A....................................ad No 198, 1999

Subdivision A

s 103A............................................ad No 198, 1999

am No 71, 2006

s 103B............................................ad No 198, 1999

am No 198, 1999; No 55, 2001; No 71, 2006; No 22, 2015

ss 103C–103G................................ad No 198, 1999

s 103H............................................ad No 198, 1999

am No 71, 2006

s 103J.............................................ad No 198, 1999

am No 71, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 303

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 103JA..........................................ad No 71, 2006

s 103K............................................ad No 198, 1999

s 103L............................................ad No 198, 1999

am No 45, 2005; No 71, 2006; No 126, 2015

ed C83

s 103M...........................................ad No 198, 1999

am No 71, 2006

Subdivision B

s 103N............................................ad No 198, 1999

am No 71, 2006

s 103NA.........................................ad No 71, 2006

ss 103P, 103Q................................ad No 198, 1999

am No 71, 2006

Subdivision C

s 103R............................................ad No 198, 1999

am No 71, 2006

s 103RA.........................................ad No 71, 2006

s 103S ............................................ad No 198, 1999

am No 71, 2006

Subdivision D

s 103T............................................ad No 198, 1999

am No 198, 1999; No 71, 2006

s 103TA .........................................ad No 71, 2006

Subdivision E

s 103U............................................ad No 198, 1999

am No 71, 2006

s 103UA.........................................ad No 71, 2006

ss 103V, 103W...............................ad No 198, 1999

am No 71, 2006

Subdivision F

s 103X............................................ad No 198, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

304 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 71, 2006

s 103XA.........................................ad No 71, 2006

s 103Y............................................ad No 198, 1999

am No 71, 2006

Subdivision G

s 103Z............................................ad No 198, 1999

am No 198, 1999; No 71, 2006

s 103ZAA ......................................ad No 71, 2006

Subdivision H

s 103ZA .........................................ad No 198, 1999

am No 45, 2005; No 22, 2015; No 4, 2016

s 103ZB .........................................ad No 198, 1999

am No 45, 2005; No 22, 2015; No 4, 2016

s 103ZC .........................................ad No 198, 1999

am No 45, 2005

s 103ZD .........................................ad No 198, 1999

Subdivision I..................................rep No 22, 2015

s 103ZE..........................................ad No 198, 1999

am No 45, 2005; No 71, 2006

rep No 22, 2015

s 103ZF..........................................ad No 198, 1999

am No 45, 2005

rep No 22, 2015

Subdivision J

s 103ZG .........................................ad No 198, 1999

am No 45, 2005

s 103ZH .........................................ad No 198, 1999

s 103ZJ...........................................ad No 198, 1999

rep No 109, 2014

ss 103ZK, 103ZL ...........................ad No 198, 1999

rep No 198, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 305

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Subdivision K ................................rep No 198, 1999

ss 103ZM, 103ZN..........................ad No 198, 1999

rep No 198, 1999

Division 3 ......................................rep No 129, 2006

s 104 ..............................................ad No 171, 1992

rep No 129, 2006

s 105 ..............................................ad No 171, 1992

am No 45, 2005

rep No 129, 2006

ss 106–110 .....................................ad No 171, 1992

rep No 129, 2006

Division 4 ......................................rep No 129, 2006

s 111 ..............................................ad No 171, 1992

am No 32, 1995

rep No 129, 2006

Division 5 ......................................rep No 129, 2006

s 112 ..............................................ad No 171, 1992

am No 32, 1995; No 45, 2005

rep No 129, 2006

Division 6

s 113 ..............................................ad No 171, 1992

am No 111, 2009

s 114 ..............................................ad No 171, 1992

am No 45, 2005

s 115 ..............................................ad No 171, 1992

am No 139, 1995; No 92, 2001; No 43, 2005; No 10, 2015; No 113,

2017

s 115A............................................ad No 128, 2006

rep No 109, 2014

s 116 ..............................................ad No 171, 1992

am No 139, 1995; No 111, 2009

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

306 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 116A............................................ad No 171, 1992

s 116B............................................ad No 171, 1992

am No 103, 2010

s 116C............................................ad No 171, 1992

rep No 111, 2009

Part 8

s 117 ..............................................am No 45, 2005; No 10, 2015

s 118 ..............................................am No 45, 2005

s 119 ..............................................am No 45, 2005; No 27, 2007

s 120 ..............................................am No 45, 2005; No 109, 2014; No 10, 2015

s 121 ..............................................rep No 10, 2015

Part 8A

Part 8A...........................................ad No 197, 1999

s 121A............................................ad No 197, 1999

am No 45, 2005

s 121B............................................ad No 197, 1999

am No 55, 2001

ss 121C, 121D................................ad No 197, 1999

s 121E ............................................ad No 197, 1999

am No 45, 2005

Part 8B

Part 8B...........................................ad No 172, 2000

Division 1

s 121F ............................................ad No 172, 2000

am No 45, 2005

s 121FAA.......................................ad No 172, 2000

Division 2

s 121FA .........................................ad No 172, 2000

am No 45, 2005

s 121FB..........................................ad No 172, 2000

am No 45, 2005; No 94, 2010

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 307

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 121FC..........................................ad No 172, 2000

am No 45, 2005; No 120, 2006

ss 121FD, 121FE ...........................ad No 172, 2000

am No 45, 2005

Division 3

s 121FF ..........................................ad No 172, 2000

am No 45, 2005

Division 4

s 121FG .........................................ad No 172, 2000

am No 120, 2006; No 4, 2016

s 121FH .........................................ad No 172, 2000

am No 5, 2001; No 45, 2005

rs No 120, 2006

s 121FHA.......................................ad No 120, 2006

s 121FHB.......................................ad No 120, 2006

s 121FJ...........................................ad No 172, 2000

am No 5, 2001; No 4, 2016

ss 121FJA–121FJD........................ad No 120, 2006

ss 121FK, 121FL ...........................ad No 172, 2000

am No 45, 2005

Division 4A

s 121FLA .......................................ad No 172, 2000

s 121FLB .......................................ad No 172, 2000

am No 45, 2005

s 121FLC .......................................ad No 172, 2000

am No 45, 2005; No 94, 2010

ss 121FLD, 121FLE.......................ad No 172, 2000

am No 45, 2005

s 121FLF........................................ad No 172, 2000

am No 5, 2001; No 4, 2016

s 121FLG .......................................ad No 172, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

308 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 45, 2005; No 94, 2010

s 121FLH .......................................ad No 172, 2000

am No 45, 2005; No 94, 2010

s 121FLJ ........................................ad No 172, 2000

am No 45, 2005; No 8, 2010

Division 5

Division 5 heading.........................am No 45, 2005

s 121FM.........................................ad No 172, 2000

am No 45, 2005

s 121FN .........................................ad No 172, 2000

am No 45, 2005

Division 6

s 121FP ..........................................ad No 172, 2000

am No 45, 2005; No 10, 2015

s 121FQ .........................................ad No 172, 2000

am No 45, 2005

s 121FR..........................................ad No 172, 2000

am No 45, 2005

s 121FS ..........................................ad No 172, 2000

am No 13, 2013

Part 9

Part 9 heading ................................rs No 29, 2013

s 121G............................................ad No 29, 2013

am No 22, 2015; No 126, 2015

s 122 ..............................................am No 120, 2002; No 120, 2004; No 45, 2005; No 128, 2006; No 94,

2010; No 29, 2013; No 126, 2015

s 123 ..............................................am No 216, 1992; No 180, 1997; No 120, 2002; No 61, 2004; No 45,

2005; No 128, 2006; No 27, 2007; No 68, 2007; No 83, 2012; No 98,

2013

s 123A............................................ad No 216, 1992

am No 180, 1997; No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 309

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 22, 2015

s 123B............................................ad No 94, 2010

s 124 ..............................................am No 45, 2005

s 125 ..............................................am No 45, 2005

s 125A............................................ad No 28, 2018

s 126 ..............................................am No 45, 2005

s 127 ..............................................am No 45, 2005

s 128 ..............................................rs No 171, 1992

s 129 ..............................................am No 45, 2005

s 130 ..............................................am No 103, 2010

Part 9A

Part 9A...........................................ad No 128, 2006

s 130A............................................ad No 128, 2006

am No 68, 2007; No 22, 2015; No 14, 2016

s 130AA.........................................ad No 68, 2007

am No 14, 2016

s 130AB.........................................ad No 68, 2007

s 130AC.........................................ad No 94, 2010

s 130B............................................ad No 128, 2006

am No 68, 2007; No 103, 2010; No 126, 2015

s 130BA.........................................ad No 68, 2007

am No 103, 2010; No 126, 2015; No 14, 2016

s 130BB .........................................ad No 94, 2010

am No 103, 2010; No 126, 2015

Part 9B

Part 9B...........................................ad No 128, 2006

Division 1

s 130C............................................ad No 128, 2006

Division 2

s 130D............................................ad No 128, 2006

s 130E ............................................ad No 128, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

310 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 130F ............................................ad No 128, 2006

am No 68, 2007; No 103, 2010; No 14, 2016

s 130G............................................ad No 128, 2006

s 130H............................................ad No 128, 2006

Division 3

s 130J.............................................ad No 128, 2006

s 130K............................................ad No 128, 2006

s 130L............................................ad No 128, 2006

am No 68, 2007; No 124, 2007; No 22, 2015

Division 4

s 130M...........................................ad No 128, 2006

s 130N............................................ad No 128, 2006

s 130P ............................................ad No 128, 2006

s 130Q............................................ad No 128, 2006

Division 5

s 130R............................................ad No 128, 2006

s 130S ............................................ad No 128, 2006

s 130T............................................ad No 128, 2006

s 130U............................................ad No 128, 2006

s 130V............................................ad No 128, 2006

s 130W...........................................ad No 128, 2006

s 130X............................................ad No 128, 2006

s 130Y............................................ad No 128, 2006

s 130Z............................................ad No 128, 2006

rep No 109, 2014

Division 6

s 130ZA .........................................ad No 128, 2006

am No 8, 2010

Part 9C

Part 9C...........................................ad No 94, 2010

s 130ZBA.......................................ad No 94, 2010

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 311

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 130ZB .........................................ad No 94, 2010

am No 36, 2011; No 88, 2012; No 22, 2015

s 130ZBB.......................................ad No 36, 2011

am No 88, 2012; No 22, 2015

s 130ZBC.......................................ad No 88, 2012

rep No 22, 2015

s 130ZC .........................................ad No 94, 2010

am No 36, 2011

s 130ZCAA....................................ad No 94, 2010

am No 36, 2011

s 130ZCAB....................................ad No 94, 2010

am No 36, 2011

s 130ZCA.......................................ad No 94, 2010

am No 36, 2011

s 130ZD .........................................ad No 94, 2010

s 130ZE..........................................ad No 94, 2010

s 130ZEA.......................................ad No 36, 2011

rep No 22, 2015

s 130ZF..........................................ad No 94, 2010

am No 36, 2011

s 130ZFA.......................................ad No 94, 2010

s 130ZG .........................................ad No 94, 2010

am No 88, 2012

s 130ZH .........................................ad No 36, 2011

am No 22, 2015

Part 9D

Part 9D...........................................ad No 83, 2012

Division 1

s 130ZJ...........................................ad No 83, 2012

s 130ZK .........................................ad No 83, 2012

am No 22, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

312 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 130ZKA ......................................ad No 22, 2015

s 130ZKB.......................................ad No 22, 2015

s 130ZKC.......................................ad No 22, 2015

s 130ZL..........................................ad No 83, 2012

s 130ZM.........................................ad No 83, 2012

s 130ZN .........................................ad No 83, 2012

s 130ZO .........................................ad No 83, 2012

s 130ZP..........................................ad No 83, 2012

s 130ZQ .........................................ad No 83, 2012

Division 2

s 130ZR .........................................ad No 83, 2012

am No 22, 2015

s 130ZS..........................................ad No 83, 2012

s 130ZT..........................................ad No 83, 2012

rep No 5, 2015

s 130ZU .........................................ad No 83, 2012

rep No 5, 2015

s 130ZUA ......................................ad No 83, 2012

am No 22, 2015

s 130ZUAA....................................ad No 83, 2012

am No 5, 2015

s 130ZUB.......................................ad No 83, 2012

Division 3

s 130ZV .........................................ad No 83, 2012

am No 22, 2015

s 130ZVA ......................................ad No 83, 2012

am No 103, 2013; No 22, 2015

s 130ZW ........................................ad No 83, 2012

am No 103, 2013

s 130ZX .........................................ad No 83, 2012

s 130ZY .........................................ad No 83, 2012

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 313

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 22, 2015

s 130ZYA ......................................ad No 83, 2012

am No 22, 2015

s 130ZZ..........................................ad No 83, 2012

am No 22, 2015

s 130ZZAA....................................ad No 83, 2012

s 130ZZAB ....................................ad No 83, 2012

Division 4

s 130ZZA.......................................ad No 83, 2012

am No 22, 2015

Division 5

s 130ZZB .......................................ad No 83, 2012

Division 6

s 130ZZC .......................................ad No 83, 2012

s 130ZZD.......................................ad No 83, 2012

rs No 22, 2015

Division 7

s 130ZZE .......................................ad No 83, 2012

am No 22, 2015

Part 10

Division 1

s 131 ..............................................am No 32, 1995

s 132 ..............................................am No 32, 1995; No 120, 2006

ss 133–135 .....................................am No 32, 1995

s 136 ..............................................am No 4, 2016

Division 1A

Division 1A....................................ad No 120, 2006

s 136A............................................ad No 120, 2006

s 136B............................................ad No 120, 2006

s 136C............................................ad No 120, 2006

s 136D............................................ad No 120, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

314 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 136E ............................................ad No 120, 2006

s 136F ............................................ad No 120, 2006

Division 2

Division 2 heading.........................am No 45, 2005

s 137 ..............................................am No 45, 2005

rs No 120, 2006

s 138 ..............................................am No 32, 1995

rs No 120, 2006

s 138A............................................ad No 120, 2006

Division 3

s 139 ..............................................am No 32, 1995; No 119, 1997; No 198, 1999

rs No 5, 2001

am No 5, 2001; No 120, 2006; No 4, 2016

s 140 ..............................................am No 4, 2016

s 140A............................................ad No 120, 2006

s 141 ..............................................am No 45, 2005

rs No 120, 2006

s 142 ..............................................am No 32, 1995

rs No 120, 2006

s 142A............................................ad No 120, 2006

s 143 ..............................................am No 198, 1999; No 55, 2001; No 45, 2005

Division 4

s 144 ..............................................am No 45, 2005

Division 5 ......................................rep No 120, 2006

s 145 ..............................................rep No 120, 2006

s 146 ..............................................am No 45, 2005

rep No 120, 2006

Part 10A

Part 10A.........................................ad No 197, 1999

Division 1

s 146A............................................ad No 197, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 315

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 10, 2015

s 146B............................................ad No 197, 1999

am No 55, 2001; No 128, 2006

s 146C............................................ad No 197, 1999

am No 46, 2011; No 10, 2015; No 126, 2015

s 146CA.........................................ad No 197, 1999

am No 46, 2011; No 10, 2015; No 126, 2015

s 146D............................................ad No 197, 1999

am No 45, 2005

Division 2

s 146E ............................................ad No 197, 1999

s 146F ............................................ad No 197, 1999

s 146G............................................ad No 197, 1999

s 146H............................................ad No 197, 1999

s 146J.............................................ad No 197, 1999

s 146K............................................ad No 197, 1999

s 146KA.........................................ad No 197, 1999

Division 3

s 146L............................................ad No 197, 1999

s 146N............................................ad No 197, 1999

s 146P ............................................ad No 197, 1999

s 146Q............................................ad No 197, 1999

s 146R............................................ad No 197, 1999

Division 4 ......................................rep No 109, 2014

s 146S ............................................ad No 197, 1999

rep No 109, 2014

Part 11

Part 11 heading ..............................am No 45, 2005

Division 1

s 147 ..............................................am No 45, 2005; No 120, 2006

s 148 ..............................................am No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

316 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 149 ..............................................am No 45, 2005; No 120, 2006

rs No 109, 2014

Division 2

Division 2 heading.........................rs No 23, 2001

s 150 ..............................................am No 23, 2001; No 45, 2005; No 83, 2012

s 151 ..............................................am No 23, 2001; No 45, 2005

rs No 109, 2014

s 152 ..............................................am No 45, 2005; No 109, 2014

s 153 ..............................................am No 45, 2005

Part 12............................................rep No 45, 2005

s 154 ..............................................rep No 45, 2005

Note to s 154(2) .............................ad No 152, 1997

rep No 45, 2005

s 155 ..............................................rep No 45, 2005

s 156 ..............................................am No 32, 1995

rep No 45, 2005

s 157 ..............................................am No 216, 1992; No 32, 1995

rep No 45, 2005

s 158 ..............................................am No 167, 1992; Nos 59 and 115, 1997; No 108, 2000

rep No 45, 2005

s 159 ..............................................rep No 45, 2005

s 160 ..............................................am No 152, 1997; No 198, 1999

rep No 45, 2005

s 161 ..............................................rep No 152, 1997

ss 162–164 .....................................rep No 45, 2005

s 165 ..............................................am No 146, 1999

rep No 45, 2005

s 166 ..............................................rep No 45, 2005

s 167 ..............................................rep No 45, 2005

Part 13

Part 13 heading ..............................am No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 317

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rs No 25, 2015

Division 1

s 168 ..............................................am No 45, 2005

s 169 ..............................................am No 45, 2005

s 169A............................................ad No 25, 2015

am No 51, 2017; No 96, 2018

Division 2

s 170 ..............................................am No 45, 2005

s 171 ..............................................rs No 115, 1997

am No 59, 1997; No 45, 2005

s 172 ..............................................am No 115, 1997; No 45, 2005

s 173 ..............................................am No 45, 2005; No 25, 2015

s 174 ..............................................am No 45, 2005; No 25, 2015

s 176 ..............................................am No 45, 2005; No 25, 2015

s 177 ..............................................am No 45, 2005; No 25, 2015

s 178 ..............................................am No 45, 2005

s 179 ..............................................am No 45, 2005

s 180 ..............................................am No 45, 2005

Division 3

s 181 ..............................................rep No 45, 2005

s 182 ..............................................am No 45, 2005

ss 183, 184 .....................................am No 45, 2005

ss 185–190 .....................................am No 45, 2005

ss 191–196 .....................................am No 45, 2005

ss 197–199 .....................................am No 45, 2005

Division 4

s 200 ..............................................am No 45, 2005; No 25, 2015

s 202 ..............................................am No 216, 1992; No 108, 2000; No 5, 2001; No 120, 2006

s 203 ..............................................am No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

318 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Part 14

s 204 ..............................................am No 216, 1992; No 139, 1995; No 119, 1997; No 143, 1997; No 99,

1998; No 197, 1999; No 198, 1999; No 108, 2000; No 172, 2000; No

71, 2006; No 128, 2006; No 129, 2006; No 68, 2007; No 94, 2010;

No 83, 2012; No 22, 2015; No 14, 2016; No 113, 2017; No 28, 2018

s 205 ..............................................am No 45, 2005

Part 14AA

Part 14AA......................................ad No 113, 2017

s 205AA.........................................ad No 113, 2017

s 205AB.........................................ad No 113, 2017

s 205AC.........................................ad No 113, 2017

s 205AD.........................................ad No 113, 2017

s 205AE .........................................ad No 113, 2017

s 205AF .........................................ad No 113, 2017

s 205AG.........................................ad No 113, 2017

Part 14A.........................................ad No 143, 1997

rep No 113, 2017

s 205A............................................ad No 143, 1997

am No 153, 2006

rep No 113, 2017

s 205B............................................ad No 143, 1997

am No 45, 2005; No 120, 2006; No 128, 2006; No 153, 2006; No 109,

2014

rep No 113, 2017

s 205BA.........................................ad No 153, 2006

rep No 113, 2017

s 205C............................................ad No 143, 1997

am No 45, 2005; No 153, 2006

rep No 113, 2017

s 205D............................................ad No 143, 1997

am No 45, 2005; No 120, 2006; No 153, 2006

rep No 113, 2017

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 319

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Part 14B

Part 14B.........................................ad No 120, 2006

Division 1

s 205E ............................................ad No 120, 2006

Division 2

s 205EA .........................................ad No 120, 2006

s 205F ............................................ad No 120, 2006

am No 113, 2017; No 28, 2018; No 95, 2018

s 205G............................................ad No 120, 2006

s 205H............................................ad No 120, 2006

ss 205J–205N.................................ad No 120, 2006

s 205P ............................................ad No 120, 2006

s 205PAA.......................................ad No 120, 2006

Part 14C

Part 14C.........................................ad No 120, 2006

s 205PA .........................................ad No 120, 2006

am No 129, 2006; No 36, 2011

s 205Q............................................ad No 120, 2006

am No 129, 2006; No 36, 2011; No 113, 2017

ss 205R–205U................................ad No 120, 2006

Part 14D

Part 14D.........................................ad No 120, 2006

s 205V............................................ad No 120, 2006

s 205W...........................................ad No 120, 2006

am No 8, 2010

s 205X............................................ad No 120, 2006

Part 14E

Part 14E .........................................ad No 120, 2006

s 205XAA......................................ad No 120, 2006

s 205XA.........................................ad No 120, 2006

ss 205Y, 205Z................................ad No 120, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

320 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 205ZA .........................................ad No 120, 2006

am No 28, 2018; No 95, 2018

s 205ZB .........................................ad No 120, 2006

s 205ZC .........................................ad No 120, 2006

s 205ZD .........................................ad No 120, 2006

am No 136, 2012

s 205ZE..........................................ad No 120, 2006

s 205ZF..........................................ad No 120, 2006

Part 14F

Part 14F .........................................ad No 43, 2018

s 205ZG .........................................ad No 43, 2018

s 205ZH .........................................ad No 43, 2018

s 205ZJ...........................................ad No 43, 2018

s 205ZK .........................................ad No 43, 2018

s 205ZL..........................................ad No 43, 2018

s 205ZM.........................................ad No 43, 2018

Part 15

s 206 ..............................................am No 108, 2000

s 207 ..............................................am No 45, 2005

s 208 ..............................................am No 198, 1999

rep No 137, 2000

s 209 ..............................................am No 32, 1995

s 210 ..............................................am No 45, 2005

s 211 ..............................................am No 31, 2014

rep No 22, 2015

s 211AA.........................................ad No 94, 2010

am No 88, 2012

s 211A............................................ad No 94, 2010

s 212 ..............................................am No 197, 1999; No 45, 2005; No 128, 2006; Nos 28 and 68, 2007

s 212A............................................ad No 197, 1999

am No 55, 2001; No 169, 2012

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 321

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

s 212B............................................ad No 197, 1999

am No 46, 2011; No 10, 2015; No 126, 2015

s 214 ..............................................am Nos 108 and 172, 2000; No 120, 2006

s 215 ..............................................rs No 1, 1993

am No 139, 1995

rep No 99, 1998

ad No 120, 2006

am No 126, 2015

s 215A............................................ad No 68, 2007

rep No 51, 2013

s 215B............................................ad No 68, 2007

rep No 14, 2016

s 216A............................................ad No 99, 1998

s 216AA.........................................ad No 113, 2017

s 216B............................................ad No 90, 1999

s 216C............................................ad No 108, 2000

s 216D............................................ad No 108, 2000

rep No 45, 2005

ad No 124, 2007

s 216E ............................................ad No 108, 2000

rep No 45, 2005

ad No 28, 2018

s 217 ..............................................am No 32, 1995

s 218 ..............................................am No 45, 2005

Schedule 1

Part 1

c 1 ..................................................am No 139, 1995; No 108, 2000; No 172, 2000; No 45, 2005; No 68,

2007; No 14, 2016

Part 2

c 2 ..................................................am No 108, 2000; No 129, 2006; No 68, 2007; No 14, 2016

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

322 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 4 ..................................................am No 48, 1998; No 108, 2000; No 172, 2000; No 121, 2001; No 45,

2005; No 68, 2007; No 14, 2016

Part 3

c 6 ..................................................am No 139, 1995

c 7 ..................................................am No 139, 1995

Part 4

c 8 ..................................................am No 139, 1995; No 45, 2005

Schedule 2

Part 1

c 1 ..................................................am No 167, 1992; No 13, 2001; No 39, 2003; No 45, 2005; No 136,

2012; No 99, 2017

c 2 ..................................................am No 218, 1992; No 120, 2002; No 68, 2007

Part 2

c 3A ...............................................ad No 216, 1992

c 4 ..................................................am No 45, 2005; No 99, 2017

c 5 ..................................................am No 45, 2005

c 6 ..................................................am No 39, 2003

rep No 7, 2018

Part 3

Division 1

Division 1 heading.........................ad No 94, 2010

c 7 ..................................................am No 167, 1992; No 216, 1992; No 218, 1992; No 143, 1997; No 99,

1998; No 197, 1999; No 108, 2000; No 13, 2001; No 61, 2004; No 45,

2005; No 128, 2006; No 129, 2006; No 68, 2007; No 73, 2008; No 158,

2008; No 94, 2010; No 36, 2011; No 83, 2012; No 29, 2013; No 22,

2015; No 113, 2017; No 7, 2018

ed C94

Division 2

Division 2 ......................................ad No 94, 2010

c 7A ...............................................ad No 94, 2010

c 7B................................................ad No 94, 2010

am No 22, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 323

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 7C................................................ad No 94, 2010

am No 22, 2015; No 127, 2015

c 7D ...............................................ad No 94, 2010

am No 36, 2011; No 22, 2015; No 127, 2015

c 7E................................................ad No 94, 2010

am No 22, 2015; No 127, 2015

c 7F................................................ad No 94, 2010

am No 22, 2015; No 127, 2015

c 7G ...............................................ad No 94, 2010

am No 22, 2015; No 127, 2015

c 7H ...............................................ad No 94, 2010

rep No 22, 2015

c 7J.................................................ad No 94, 2010

c 7K ...............................................ad No 94, 2010

rep No 22, 2015

c 7L................................................ad No 94, 2010

am No 22, 2015

Part 4

c 8 ..................................................am No 167, 1992; No 216, 1992; No 218, 1992; No 143, 1997; No 197,

1999; No 45, 2005; No 129, 2006; No 68, 2007; No 73, 2008; No 113,

2017; No 7, 2018

Part 5

c 9 ..................................................am Nos 216 and 218, 1992; No 197, 1999; No 13, 2001; No 120, 2002;

No 61, 2004; No 45, 2005; Nos 71 and 128, 2006; No 68, 2007; No 36,

2011; No 7, 2018

Part 6

c 10 ................................................am Nos 216 and 218, 1992; No 2, 1993; No 139, 1995; No 197, 1999;

No 13, 2001; No 61, 2004; No 45, 2005; Nos 128 and 129, 2006;

No 68, 2007; No 94, 2010; No 83, 2012

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

324 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Part 7

c 11 ................................................am Nos 216 and 218, 1992; No 180, 1997; No 197, 1999; No 13, 2001;

No 61, 2004; No 45, 2005; No 128, 2006; No 68, 2007; No 83, 2012;

No 7, 2018

Schedule 3......................................rep No 45, 2005

cc 1–5 ............................................rep No 45, 2005

c 6 ..................................................rep No 152, 1997

cc 7, 8 ............................................rep No 45, 2005

c 9 ..................................................am No 152, 1997; No 156, 1999

rep No 45, 2005

cc 10–12.........................................rep No 45, 2005

cc 13, 14.........................................rep No 152, 1997

c 15 ................................................rep No 45, 2005

c 16 ................................................am No 152, 1997

rep No 45, 2005

c 17 ................................................rep No 45, 2005

c 18 ................................................am No 119, 1997; Nos 90 and 198, 1999; No 108, 2000

rep No 45, 2005

Schedule 4

Schedule 4......................................ad No 99, 1998

Part 1

c 1 ..................................................ad No 99, 1998

am No 108, 2000; No 4, 2003; No 45, 2005; No 83, 2012

rs No 22, 2015

am No 113, 2017

c 2 ..................................................ad No 99, 1998

am No 108, 2000; No 45, 2005; Nos 127 and 128, 2006; No 158, 2008;

No 94, 2010; No 22, 2015

c 3 ..................................................ad No 99, 1998

rep No 22, 2015

c 4 ..................................................ad No 99, 1998

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 325

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 4A ...............................................ad No 108, 2000

c 4B................................................ad No 108, 2000

c 4C................................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 4D ...............................................ad No 128, 2006

rep No 22, 2015

c 5 ..................................................ad No 99, 1998

am No 45, 2005; No 94, 2010; No 22, 2015

c 5A ...............................................ad No 108, 2000

am No 23, 2001

rep No 128, 2006

ad No 128, 2006

am No 94, 2010; No 22, 2015

c 5B................................................ad No 128, 2006

am No 94, 2010

c 5C................................................ad No 128, 2006

am No 94, 2010; No 22, 2015

c 5D ...............................................ad No 128, 2006

am No 94, 2010

c 5E................................................ad No 128, 2006

rep No 22, 2015

c 5F................................................ad No 158, 2008

am No 88, 2012

rep No 22, 2015

c 5H ...............................................ad No 158, 2008

rep No 109, 2014

c 5J.................................................ad No 94, 2010

rep No 22, 2015

Part 2..............................................rep No 22, 2015

c 6 ..................................................ad No 99, 1998

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

326 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am Nos 108 and 172, 2000; No 23, 2001; No 108, 2003; No 45, 2005;

Nos 127 and 128, 2006; No 158, 2008; No 94, 2010; No 36, 2011; No

46, 2011

rep No 22, 2015

c 6A ...............................................ad No 158, 2008

am No 88, 2012

rep No 22, 2015

c 6B................................................ad No 158, 2008

rep No 22, 2015

c 6C................................................ad No 94, 2010

rep No 36, 2011

c 7 ..................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 7A ...............................................ad No 108, 2000

am No 45, 2005; No 94, 2010

rep No 22, 2015

c 7AA ............................................ad No 36, 2011

rep No 22, 2015

c 7B................................................ad No 128, 2006

rep No 22, 2015

c 8 ..................................................ad No 99, 1998

am No 108, 2000; No 45, 2005; No 128, 2006; No 36, 2011

rep No 22, 2015

c 9 ..................................................ad No 99, 1998

am No 45, 2005; No 128, 2006; No 94, 2010

rep No 22, 2015

c 9A ...............................................ad No 36, 2011

rep No 22, 2015

c 10 ................................................ad No 99, 1998

am No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 327

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 22, 2015

c 11 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 12 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 13 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 14 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 15 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 16 ................................................ad No 99, 1998

rep No 22, 2015

c 17 ................................................ad No 99, 1998

rep No 22, 2015

c 18 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

Part 3

c 19 ................................................ad No 99, 1998

am No 108, 2000; No 23, 2001; No 45, 2005; No 128, 2006; No 158,

2008; No 94, 2010; No 36, 2011; No 46, 2011

rep No 22, 2015

c 20 ................................................ad No 99, 1998

am No 108, 2000; No 108, 2003; No 45, 2005; No 128, 2006; No 36,

2011

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

328 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 22, 2015

c 21 ................................................ad No 99, 1998

rep No 22, 2015

c 21A .............................................ad No 36, 2011

rep No 22, 2015

c 22 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 22A .............................................ad No 108, 2000

am No 45, 2005

rep No 22, 2015

c 22AA...........................................ad No 36, 2011

rep No 22, 2015

c 23 ................................................ad No 99, 1998

am No 108, 2000; No 45, 2005; No 128, 2006; No 36, 2011

rep No 22, 2015

c 24 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 25 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 26 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 27 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 28 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 329

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 29 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 30 ................................................ad No 99, 1998

rep No 22, 2015

c 31 ................................................ad No 99, 1998

rep No 22, 2015

c 32 ................................................ad No 99, 1998

rep No 22, 2015

c 33 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 34 ................................................ad No 99, 1998

rep No 22, 2015

c 35 ................................................ad No 99, 1998

rs No 108, 2000

am No 128, 2006; No 158, 2008

rep No 22, 2015

c 35A .............................................ad No 94, 2010

am No 36, 2011

rep No 22, 2015

c 35AA...........................................ad No 128, 2006

rep No 22, 2015

c 35A .............................................ad No 108, 2000

rep No 128, 2006

c 36 ................................................ad No 99, 1998

am No 108, 2000; No 128, 2006; No 22, 2015

c 36A .............................................ad No 99, 1998

rep No 108, 2000

Part 3A...........................................ad No 108, 2000

rep No 128, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

330 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 36B..............................................ad No 108, 2000

rep No 128, 2006

c 36C..............................................ad No 108, 2000

rep No 128, 2006

Part 4..............................................rep No 22, 2015

Part 4 heading ................................rs No 128, 2006

rep No 22, 2015

Division 1 heading.........................ad No 108, 2000

rep No 128, 2006

Division 1 ......................................rep No 128, 2006

c 37 ................................................ad No 99, 1998

rs No 108, 2000

rep No 128, 2006

cc 37A–37D...................................ad No 108, 2000

rep No 128, 2006

Division 2 heading.........................rs No 128, 2006

rep No 22, 2015

Division 2 ......................................ad No 108, 2000

rep No 22, 2015

c 37DAA........................................ad No 94, 2010

rep No 22, 2015

c 37DA...........................................ad No 128, 2006

rep No 22, 2015

c 37E..............................................ad No 108, 2000

am No 23, 2001; No 126, 2002; Nos 4 and 108, 2003; No 128, 2006

rep No 22, 2015

c 37EA...........................................ad No 92, 2001

am No 126, 2002; No 4, 2003; No 45, 2005

rep No 128, 2006

c 37F..............................................ad No 108, 2000

am No 23, 2001; No 126, 2002; No 4, 2003; No 128, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 331

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 22, 2015

c 37FA ...........................................ad No 92, 2001

am No 126, 2002; No 4, 2003; No 45, 2005

rep No 128, 2006

c 37G .............................................ad No 108, 2000

am No 92, 2001; No 45, 2005; Nos 127 and 128, 2006

rep No 22, 2015

c 37H .............................................ad No 108, 2000

am No 92, 2001; No 45, 2005; No 128, 2006

rep No 22, 2015

c 37J...............................................ad No 108, 2000

rep No 128, 2006

c 37K .............................................ad No 108, 2000

rep No 22, 2015

c 37L..............................................ad No 108, 2000

rs No 4, 2003

rep No 22, 2015

c 37M.............................................ad No 108, 2000

rep No 22, 2015

Division 3 heading.........................ad No 108, 2000

rs No 128, 2006

rep No 83, 2012

Division 3 ......................................rs No 128, 2006

rep No 83, 2012

c 38 ................................................ad No 99, 1998

am No 108, 2000

rs No 128, 2006

am No 128, 2006; No 94, 2010; No 36, 2011

rep No 83, 2012

Division 4 heading.........................ad No 108, 2000

rep No 128, 2006

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

332 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

Division 4 ......................................rep No 128, 2006

c 39 ................................................ad No 99, 1998

am No 108, 2000; No 45, 2005

rep No 128, 2006

c 40 ................................................ad No 99, 1998

rep No 108, 2000

Division 5 heading.........................ad No 108, 2000

rep No 22, 2015

c 41 ................................................ad No 99, 1998

rep No 22, 2015

Part 4A

Part 4A heading .............................rs No 113, 2017

Part 4A...........................................ad No 128, 2006

Division 1

Division 1 ......................................ad No 128, 2006

c 41A .............................................ad No 99, 1998

rep No 108, 2000

ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41B..............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41C..............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41D .............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41E..............................................ad No 128, 2006

am No 94, 2010; No 22, 2015; No 127, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 333

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 113, 2017

c 41F..............................................ad No 128, 2006

am No 94, 2010; No 22, 2015

rep No 127, 2015

c 41FA ...........................................ad No 94, 2010

am No 127, 2015

rep No 113, 2017

c 41FB ...........................................ad No 94, 2010

rep No 127, 2015

c 41G .............................................ad No 128, 2006

am No 94, 2010; No 36, 2011; No 136, 2012; No 22, 2015; No 127,

2015

Division 2

Division 2 heading.........................ad No 128, 2006

c 41H .............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41J...............................................ad No 128, 2006

am No 94, 2010

rep No 22, 2015

c 41K .............................................ad No 128, 2006

am No 94, 2010; No 22, 2015; No 127, 2015

rep No 113, 2017

c 41L..............................................ad No 128, 2006

am No 94, 2010; No 22, 2015

rep No 127, 2015

c 41LA...........................................ad No 94, 2010

am No 127, 2015

rep No 113, 2017

c 41LB ...........................................ad No 94, 2010

rep No 127, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

334 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 41M.............................................ad No 128, 2006

am No 22, 2015; No 127, 2015

c 41N .............................................ad No 94, 2010

am No 127, 2015

Part 5

c 42 ................................................ad No 99, 1998

am No 108, 2000

c 43 ................................................ad No 99, 1998

am No 108, 2000; No 129, 2006; No 94, 2010

c 43A .............................................ad No 108, 2000

c 44 ................................................ad No 99, 1998

am No 108, 2000

c 45 ................................................ad No 99, 1998

am No 45, 2005; No 128, 2006

c 45A .............................................ad No 108, 2000

am No 45, 2005; No 128, 2006

c 46 ................................................ad No 99, 1998

am No 45, 2005; No 128, 2006

c 47 ................................................ad No 99, 1998

am No 108, 2000

c 48 ................................................ad No 99, 1998

am No 108, 2000; No 22, 2015

c 49 ................................................ad No 99, 1998

c 50 ................................................ad No 99, 1998

Part 6..............................................rep No 113, 2017

c 51 ................................................ad No 99, 1998

am No 8, 2005; No 45, 2005; No 22, 2015

rep No 113, 2017

c 52 ................................................ad No 99, 1998

rep No 113, 2017

c 53 ................................................ad No 99, 1998

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 335

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 108, 2000

rep No 45, 2005

Part 7..............................................rep No 22, 2015

c 54 ................................................ad No 99, 1998

am No 45, 2005

rep No 22, 2015

c 55 ................................................ad No 99, 1998

rep No 22, 2015

c 56 ................................................ad No 99, 1998

rep No 22, 2015

c 57 ................................................ad No 99, 1998

rep No 22, 2015

c 58 ................................................ad No 99, 1998

am No 31, 2014

rep No 22, 2015

c 59 ................................................ad No 99, 1998

rep No 45, 2005

c 59A .............................................ad No 108, 2000

rep No 45, 2005

c 60 ................................................ad No 99, 1998

am No 108, 2000; No 108, 2003; No 45, 2005

rep No 128, 2006

c 60A .............................................ad No 108, 2000

am No 4, 2003

rep No 128, 2006

c 60B..............................................ad No 108, 2000

rep No 83, 2012

c 60C..............................................ad No 108, 2000

rep No 45, 2005

ad No 128, 2006

am No 158, 2008

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

336 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 83, 2012

c 60D .............................................ad No 94, 2010

am No 83, 2012

rep No 29, 2013

Part 9 heading ................................am No 45, 2005

rep No 8, 2007

c 61 ................................................ad No 99, 1998

am No 122, 1999; No 108, 2000

rep No 45, 2005

Part 10

c 62 ................................................ad No 99, 1998

am No 108, 2000; No 45, 2005; No 22, 2015

c 63 ................................................ad No 99, 1998

am No 45, 2005

Part 11............................................rep No 22, 2015

c 64 ................................................ad No 99, 1998

rep No 22, 2015

Schedule 5

Schedule 5......................................ad No 90, 1999

Part 1

c 1 ..................................................ad No 90, 1999

am No 127, 2004

rep No 124, 2007

c 2 ..................................................ad No 90, 1999

am No 61, 2004; No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 3 ..................................................ad No 90, 1999

am No 45, 2005; No 129, 2006; No 124, 2007; No 8, 2010; No 31,

2014; No 25, 2015

c 4 ..................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 337

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 5 ..................................................ad No 90, 1999

am No 8, 2010

c 6 ..................................................ad No 90, 1999

am No 61, 2004

rep No 124, 2007

c 7 ..................................................ad No 90, 1999

Part 2

c 8 ..................................................ad No 90, 1999

am No 8, 2010; No 46, 2011; No 103, 2013; No 126, 2015

c 9 ..................................................ad No 90, 1999

am No 8, 2010; No 103, 2013

Part 3..............................................rep No 124, 2007

c 10 ................................................ad No 90, 1999

am No 61, 2004

rep No 124, 2007

cc 11–13.........................................ad No 90, 1999

rep No 124, 2007

cc 14, 15.........................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

c 16 ................................................ad No 90, 1999

am No 13, 2001; No 61, 2004; No 45, 2005

rep No 124, 2007

c 17 ................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

cc 18, 19.........................................ad No 90, 1999

rep No 124, 2007

c 20 ................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

338 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 21 ................................................ad No 90, 1999

am No 13, 2001

rep No 124, 2007

Part 4

Part 4 heading ................................am No 45, 2005; No 25, 2015

Division 1

Division 1 heading.........................am No 45, 2005; No 25, 2015

c 22 ................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

c 23 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 24 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

c 25 ................................................ad No 90, 1999

Division 2

Division 2 heading.........................am No 45, 2005; No 25, 2015

c 26 ................................................ad No 90, 1999

am No 45, 2005

rep No 109, 2014

c 27 ................................................ad No 90, 1999

am No 45, 2005

rs No 124, 2007

am No 8, 2010; No 109, 2014; No 25, 2015

c 28 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

c 29 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

Division 3 ......................................rep No 124, 2007

c 30 ................................................ad No 90, 1999

am No 61, 2004; No 45, 2005

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 339

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

rep No 124, 2007

c 31 ................................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

c 32 ................................................ad No 90, 1999

am No 61, 2004; No 45, 2005

rep No 124, 2007

cc 33–36.........................................ad No 90, 1999

am No 45, 2005

rep No 124, 2007

cc 37–39.........................................ad No 90, 1999

rep No 124, 2007

Division 4

c 40 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 46, 2011; No 103,

2013; No 25, 2015; No 126, 2015

c 41 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 42 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 43 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 44 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 45 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 46 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 47 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 48 ................................................ad No 90, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

340 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 8, 2010

Heading to c 49..............................am No 8, 2010

c 49 ................................................ad No 90, 1999

c 50 ................................................ad No 90, 1999

am No 8, 2010

Note to c 50....................................am No 46, 2011

c 51 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

Part 5

Division 1

c 52 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

Division 2

cc 53, 54.........................................ad No 90, 1999

c 55 ................................................ad No 90, 1999

am No 124, 2007; No 8, 2010

c 56 ................................................ad No 90, 1999

rs No 124, 2007

am No 8, 2010

c 57 ................................................ad No 90, 1999

am No 8, 2010

c 58 ................................................ad No 90, 1999

am No 103, 2013

Division 3

c 59 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 60 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 46, 2011; No 31, 2014;

No 25, 2015; No 126, 2015

c 61 ................................................ad No 90, 1999

Division 4

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 341

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 62 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 63 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 64 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 65 ................................................ad No 90, 1999

c 66 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 67 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

Division 5

c 68 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 69 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 70 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 71 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 72 ................................................ad No 90, 1999

am No 8, 2010

c 73 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 74 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 103, 2013; No 25, 2015

c 75 ................................................ad No 90, 1999

am No 45, 2005; No 103, 2013; No 25, 2015

c 76 ................................................ad No 90, 1999

am No 45, 2005

rep No 109, 2014

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

342 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 77 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

Division 6

c 78 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

Part 6

c 79 ................................................ad No 90, 1999

am No 124, 2007

c 80 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 103, 2013; No 25,

2015

c 81 ................................................ad No 90, 1999

am No 124, 2007; No 8, 2010; No 103, 2013

c 82 ................................................ad No 90, 1999

am No 5, 2001; No 4, 2016

c 83 ................................................ad No 90, 1999

am No 5, 2001; No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015;

No 4, 2016

c 84 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

c 85 ................................................ad No 90, 1999

am No 45, 2005

rs No 124, 2007

am No 8, 2010; No 25, 2015

Part 7

c 86 ................................................ad No 90, 1999

am No 4, 2016

c 87 ................................................ad No 90, 1999

am No 5, 2001

Part 8

c 88 ................................................ad No 90, 1999

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 343

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 124, 2007; No 8, 2010

c 89 ................................................ad No 90, 1999

am No 45, 2005; No 27, 2007

rep No 124, 2007

Part 9

c 90 ................................................ad No 90, 1999

c 91 ................................................ad No 90, 1999

am No 8, 2010; No 46, 2011; No 103, 2013; No 126, 2015

Part 10

c 92 ................................................ad No 90, 1999

am No 45, 2005; No 124, 2007; No 8, 2010; No 25, 2015

c 93 ................................................ad No 90, 1999

am No 45, 2005; No 25, 2015

Part 11

c 94 ................................................ad No 90, 1999

am No 45, 2005; No 8, 2010; No 25, 2015

c 95 ................................................ad No 90, 1999

am No 8, 2010

rep No 109, 2014

c 96 ................................................ad No 90, 1999

am No 59, 2015

Schedule 6

Schedule 6......................................ad No 108, 2000

Part 1

c 1 ..................................................ad No 108, 2000

am No 45, 2005; No 68, 2007; No 8, 2010; No 51, 2013; No 31, 2014;

No 109, 2014; No 14, 2016

c 2 ..................................................ad No 108, 2000

am Nos 55 and 92, 2001; Nos 8 and 94, 2010; No 51, 2013; No 31,

2014; No 22, 2015

c 2A ...............................................ad No 51, 2013

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

344 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 3 ..................................................ad No 108, 2000

am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015

c 4 ..................................................ad No 108, 2000

am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015

c 5 ..................................................ad No 108, 2000

am No 92, 2001

c 6 ..................................................ad No 108, 2000

Part 2

c 7 ..................................................ad No 108, 2000

am No 45, 2005; No 68, 2007; No 14, 2016

c 8 ..................................................ad No 108, 2000

am No 45, 2005

c 9 ..................................................ad No 108, 2000

am No 45, 2005; No 120, 2006

c 10 ................................................ad No 108, 2000

am No 5, 2001; No 45, 2005

c 11 ................................................ad No 108, 2000

am No 45, 2005

c 12 ................................................ad No 108, 2000

am No 45, 2005; No 68, 2007; No 8, 2010; No 14, 2016

c 12A .............................................ad No 68, 2007

am No 8, 2010

rep No 14, 2016

Part 3

Division 1

c 13 ................................................ad No 108, 2000

am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015

c 14 ................................................ad No 108, 2000

c 15 ................................................ad No 108, 2000

am No 92, 2001; No 45, 2005; No 46, 2011; No 10, 2015; No 126,

2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 345

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 16 ................................................ad No 108, 2000

am No 92, 2001

cc 17, 18.........................................ad No 108, 2000

c 18A .............................................ad No 108, 2000

c 19 ................................................ad No 108, 2000

rs No 31, 2014

c 20 ................................................ad No 108, 2000

am No 8, 2010; No 31, 2014

c 20AA...........................................ad No 108, 2000

am No 8, 2010

Division 1A....................................rep No 128, 2006

cc 20A, 20B ...................................ad No 108, 2000

rep No 128, 2006

Division 2

c 21 ................................................ad No 108, 2000

am No 92, 2001; No 45, 2005; No 8, 2010; No 46, 2011; No 10, 2015;

No 126, 2015

cc 22, 23.........................................ad No 108, 2000

c 23A .............................................ad No 108, 2000

Division 2A

c 23B..............................................ad No 108, 2000

am No 45, 2005; No 8, 2010

Division 3

c 24 ................................................ad No 108, 2000

am No 61, 2004; No 45, 2005; No 128, 2006; No 68, 2007; No 8, 2010;

No 31, 2014; No 14, 2016; No 7, 2018

c 24A .............................................ad No 68, 2007

rep No 14, 2016

c 25 ................................................ad No 108, 2000

am No 45, 2005

c 26 ................................................ad No 108, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

346 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 45, 2005; No 8, 2010

c 27 ................................................ad No 108, 2000

am No 45, 2005; No 46, 2011; No 10, 2015; No 126, 2015

Division 4

Division 4 heading.........................am No 8, 2010

c 27A .............................................ad No 108, 2000

am No 23, 2001; No 45, 2005; No 8, 2010

Part 4

c 28 ................................................ad No 108, 2000

am No 61, 2004; No 45, 2005; No 98, 2013

c 29 ................................................ad No 108, 2000

am No 45, 2005

rep No 22, 2015

c 30 ................................................ad No 108, 2000

am No 45, 2005; No 8, 2010

c 31 ................................................ad No 108, 2000

am No 45, 2005; No 10, 2015

c 32 ................................................ad No 108, 2000

am No 45, 2005

c 33 ................................................ad No 108, 2000

am No 45, 2005

c 34 ................................................ad No 108, 2000

am No 45, 2005

c 35 ................................................ad No 108, 2000

am No 8, 2010; No 31, 2014

c 35A .............................................ad No 23, 2001

Part 5

Part 5 heading ................................am No 45, 2005

c 36 ................................................ad No 108, 2000

am No 45, 2005; No 51, 2013

c 37 ................................................ad No 108, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 347

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 23, 2001; No 45, 2005; No 8, 2010; No 31, 2014

c 38 ................................................ad No 108, 2000

am No 45, 2005

rs No 109, 2014

Part 6

Part 6 heading ................................rs No 23, 2001

cc 39, 40.........................................ad No 108, 2000

rep No 23, 2001

c 41 ................................................ad No 108, 2000

am No 23, 2001; No 128, 2006

Part 7

cc 42, 43.........................................ad No 108, 2000

cc 44, 45.........................................ad No 108, 2000

am No 45, 2005

c 46 ................................................ad No 108, 2000

am No 128, 2006

c 47 ................................................ad No 108, 2000

am No 45, 2005

c 48 ................................................ad No 108, 2000

am No 45, 2005; No 8, 2010

Part 8

Division 1

Division 1 heading.........................am No 51, 2013

c 49 ................................................ad No 108, 2000

am No 172, 2000: No 120, 2006; No 51, 2013; No 4, 2016

c 50 ................................................ad No 108, 2000

am No 172, 2000; No 45, 2005

rs No 120, 2006

c 51 ................................................ad No 108, 2000

am No 45, 2005

c 51A .............................................ad No 172, 2000

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

348 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 22, 2015

Division 2

c 52 ................................................ad No 108, 2000

am No 128, 2006; No 68, 2007; No 4, 2016; No 14, 2016

c 52A .............................................ad No 120, 2006

am No 68, 2007; No 14, 2016

c 53 ................................................ad No 108, 2000

am No 45, 2005; No 120, 2006; No 4, 2016

c 54 ................................................ad No 108, 2000

am No 45, 2005; No 128, 2006 (as am by No 73, 2008); No 68, 2007;

No 14, 2016

c 55 ................................................ad No 108, 2000

am No 45, 2005

c 56 ................................................ad No 108, 2000

c 57 ................................................ad No 108, 2000

Part 9

c 58 ................................................ad No 108, 2000

am No 8, 2010

c 59 ................................................ad No 108, 2000

am No 45, 2005

Part 10............................................rep No 128, 2006

c 60 ................................................ad No 108, 2000

rep No 128, 2006

c 61 ................................................ad No 108, 2000

rep No 45, 2005

Schedule 7

Schedule 7......................................ad No 124, 2007

Part 1

c 1 ..................................................ad No 124, 2007; No 25, 2015

c 2 ..................................................ad No 124, 2007

am No 124, 2007; No 8, 2010; No 126, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 349

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 3 ..................................................ad No 124, 2007

c 4 ..................................................ad No 124, 2007

am No 126, 2015

c 5 ..................................................ad No 124, 2007

c 6 ..................................................ad No 124, 2007

c 7 ..................................................ad No 124, 2007

c 8 ..................................................ad No 124, 2007

c 9 ..................................................ad No 124, 2007

c 9A ...............................................ad No 124, 2007

ed C90

c 10 ................................................ad No 124, 2007

c 11 ................................................ad No 124, 2007

c 12 ................................................ad No 124, 2007

c 13 ................................................ad No 124, 2007

c 14 ................................................ad No 124, 2007

am No 25, 2015; No 126, 2015

c 15 ................................................ad No 124, 2007

c 16 ................................................ad No 124, 2007

c 17 ................................................ad No 124, 2007

c 18 ................................................ad No 124, 2007

c 19 ................................................ad No 124, 2007

Part 2

Division 1

cc 20, 21.........................................ad No 124, 2007

Division 2

c 22 ................................................ad No 124, 2007

am No 25, 2015

c 23 ................................................ad No 124, 2007

c 24 ................................................ad No 124, 2007

c 25 ................................................ad No 124, 2007

c 26 ................................................ad No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

350 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 27 ................................................ad No 124, 2007

am No 46, 2011

Division 3

c 28 ................................................ad No 124, 2007

am No 99, 2014; No 25, 2015

ed C90

c 29 ................................................ad No 124, 2007

am No 25, 2015

Division 4

Subdivision A

c 30 ................................................ad No 124, 2007

am No 103, 2012; No 25, 2015

c 31 ................................................ad No 124, 2007

am No 46, 2011; No 25, 2015

cc 32, 33.........................................ad No 124, 2007

Subdivision B

c 34 ................................................ad No 124, 2007

Subdivision C

c 35 ................................................ad No 124, 2007

Division 5

c 36 ................................................ad No 124, 2007

Part 3

Part 3 heading ................................am No 25, 2015

Division 1

Division 1 heading.........................am No 25, 2015

c 37 ................................................ad No 124, 2007

am No 25, 2015

c 38 ................................................ad No 124, 2007

am No 25, 2015

c 39 ................................................ad No 124, 2007

am No 25, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 351

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 40 ................................................ad No 124, 2007

am No 25, 2015

c 41 ................................................ad No 124, 2007

c 42 ................................................ad No 124, 2007

am No 25, 2015

Division 2

Division 2 heading.........................am No 25, 2015

c 43 ................................................ad No 124, 2007

rep No 109, 2014

c 44 ................................................ad No 124, 2007

am No 109, 2014; No 25, 2015

c 45 ................................................ad No 124, 2007

am No 25, 2015

c 46 ................................................ad No 124, 2007

am No 25, 2015

Division 3

c 47 ................................................ad No 124, 2007

am No 25, 2015

c 48 ................................................ad No 124, 2007

am No 25, 2015

c 49 ................................................ad No 124, 2007

am No 25, 2015

c 50 ................................................ad No 124, 2007

am No 25, 2015

c 51 ................................................ad No 124, 2007

am No 25, 2015

c 52 ................................................ad No 124, 2007

am No 25, 2015

c 53 ................................................ad No 124, 2007

c 54 ................................................ad No 124, 2007

c 55 ................................................ad No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

352 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

am No 8, 2010; No 46, 2011

Division 4

c 56 ................................................ad No 124, 2007

am No 25, 2015

c 57 ................................................ad No 124, 2007

am No 25, 2015

c 58 ................................................ad No 124, 2007

am No 25, 2015

c 59 ................................................ad No 124, 2007

am No 25, 2015

c 59A .............................................ad No 124, 2007

am No 25, 2015

c 60 ................................................ad No 124, 2007

c 61 ................................................ad No 124, 2007

Division 5

c 62 ................................................ad No 124, 2007

am No 25, 2015

c 63 ................................................ad No 124, 2007

am No 25, 2015

c 64 ................................................ad No 124, 2007

am No 25, 2015

c 65 ................................................ad No 124, 2007

am No 25, 2015

c 66 ................................................ad No 124, 2007

am No 25, 2015

c 67 ................................................ad No 124, 2007

am No 25, 2015

c 68 ................................................ad No 124, 2007

Division 6

c 69 ................................................ad No 124, 2007

am No 25, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 353

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 70 ................................................ad No 124, 2007

am No 25, 2015

c 71 ................................................ad No 124, 2007

am No 25, 2015

c 72 ................................................ad No 124, 2007

am No 25, 2015

c 73 ................................................ad No 124, 2007

am No 25, 2015

Part 4

Division 1

c 73 ................................................ad No 124, 2007

Division 2

cc 74–79.........................................ad No 124, 2007

Division 3

c 80 ................................................ad No 124, 2007

am No 25, 2015

c 81 ................................................ad No 124, 2007

c 82 ................................................ad No 124, 2007

am No 25, 2015

c 83 ................................................ad No 124, 2007

c 84 ................................................ad No 124, 2007

Division 4

c 85 ................................................ad No 124, 2007

am No 25, 2015

c 86 ................................................ad No 124, 2007

am No 25, 2015

c 87 ................................................ad No 124, 2007

am No 8, 2010; No 25, 2015

c 88 ................................................ad No 124, 2007

c 89 ................................................ad No 124, 2007

am No 25, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

354 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 90 ................................................ad No 124, 2007

am No 25, 2015

Division 5

c 91 ................................................ad No 124, 2007

am No 25, 2015

c 92 ................................................ad No 124, 2007

am No 25, 2015

c 93 ................................................ad No 124, 2007

am No 25, 2015

c 94 ................................................ad No 124, 2007

am No 25, 2015

c 95 ................................................ad No 124, 2007

c 96 ................................................ad No 124, 2007

am No 25, 2015

c 97 ................................................ad No 124, 2007

am No 25, 2015

c 98 ................................................ad No 124, 2007

am No 25, 2015

c 99 ................................................ad No 124, 2007

am No 8, 2010; No 25, 2015

c 100 ..............................................ad No 124, 2007

am No 25, 2015

Division 6

c 101 ..............................................ad No 124, 2007

am No 8, 2010; No 25, 2015

Division 7

c 102 ..............................................ad No 124, 2007

c 103 ..............................................ad No 124, 2007

Part 5

c 104 ..............................................ad No 124, 2007

am No 25, 2015

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 355

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 105 ..............................................ad No 124, 2007

Part 6

c 106 ..............................................ad No 124, 2007

c 107 ..............................................ad No 124, 2007

c 108 ..............................................ad No 124, 2007

am No 25, 2015

c 109 ..............................................ad No 124, 2007

am No 25, 2015

c 110 ..............................................ad No 124, 2007

am No 25, 2015

Part 7

c 111 ..............................................ad No 124, 2007

c 112 ..............................................ad No 124, 2007

am No 25, 2015; No 51, 2017

Part 8

c 113 ..............................................ad No 124, 2007

am No 25, 2015

Part 9

c 114 ..............................................ad No 124, 2007

am No 25, 2015

c 115 ..............................................ad No 124, 2007

am No 25, 2015

c 116 ..............................................ad No 124, 2007

am No 25, 2015

c 117 ..............................................ad No 124, 2007

c 117A ...........................................ad No 124, 2007

c118 ...............................................ad No 124, 2007

rep No 109, 2014

c 119 ..............................................ad No 124, 2007

c 120 ..............................................ad No 124, 2007

c 121 ..............................................ad No 124, 2007

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

356 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 122 ..............................................ad No 124, 2007

c 123 ..............................................ad No 124, 2007

am No 59, 2015

Schedule 8

Schedule 8......................................ad No 28, 2018

Part 1

c 1 ..................................................ad No 28, 2018

c 2 ..................................................ad No 28, 2018

c 3 ..................................................ad No 28, 2018

c 4 ..................................................ad No 28, 2018

c 5 ..................................................ad No 28, 2018

c 6 ..................................................ad No 28, 2018

c 7 ..................................................ad No 28, 2018

c 8 ..................................................ad No 28, 2018

c 9 ..................................................ad No 28, 2018

c 10 ................................................ad No 28, 2018

Part 2

c 11 ................................................ad No 28, 2018

c 12 ................................................ad No 28, 2018

Part 3

Division 1

c 13 ................................................ad No 28, 2018

c 14 ................................................ad No 28, 2018

c 15 ................................................ad No 28, 2018

c 16 ................................................ad No 28, 2018

Division 2

c 17 ................................................ad No 28, 2018

c 18 ................................................ad No 28, 2018

c 19 ................................................ad No 28, 2018

c 20 ................................................ad No 28, 2018

c 21 ................................................ad No 28, 2018

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Broadcasting Services Act 1992 357

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Provision affected How affected

c 22 ................................................ad No 28, 2018

c 23 ................................................ad No 28, 2018

Part 4

c 24 ................................................ad No 28, 2018

Part 5

c 25 ................................................ad No 28, 2018

c 26 ................................................ad No 28, 2018

Part 6

c 27 ................................................ad No 28, 2018

c 28 ................................................ad No 28, 2018

c 29 ................................................ad No 28, 2018

c 30 ................................................ad No 28, 2018

c 31 ................................................ad No 28, 2018

c 32 ................................................ad No 28, 2018

c 33 ................................................ad No 28, 2018

c 34 ................................................ad No 28, 2018

c 35 ................................................ad No 28, 2018

Authorised Version C2018C00375 registered 17/09/2018

Endnotes

Endnote 5—Editorial changes

358 Broadcasting Services Act 1992

Compilation No. 94 Compilation date: 1/9/18 Registered: 17/9/18

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial

change(s) were made under the Legislation Act 2003.

Subclause 7(1) of Schedule 2

Kind of editorial change

Change to punctuation

Details of editorial change

Paragraph 7(1)(j) of Schedule 2 ends with a full stop. The legislative drafting

practice is to use a semicolon between paragraphs.

This compilation was editorially changed to omit the full stop and substitute a

semicolon at the end of paragraph 7(1)(j) of Schedule 2 to bring it into line with

legislative drafting practice.

Authorised Version C2018C00375 registered 17/09/2018


Législation Remplace (4 texte(s)) Remplace (4 texte(s)) est modifié(e) par (2 texte(s)) est modifié(e) par (2 texte(s))
Aucune donnée disponible

N° WIPO Lex AU566