to promote the availability to audiences throughout Australia of a diverse range of radio and television services offering entertainment, education and information; and

to promote the availability to audiences and users throughout Australia of a diverse range of datacasting services; and

to provide a regulatory environment that will facilitate the development of a broadcasting industry in Australia that is efficient, competitive and responsive to audience needs; and

to provide a regulatory environment that will facilitate the development of a datacasting industry in Australia that is efficient, competitive and responsive to audience and user needs; and

to encourage diversity in control of the more influential broadcasting services; and

to promote the role of broadcasting services in developing and reflecting a sense of Australian identity, character and cultural diversity; and

to promote the availability to audiences throughout Australia of television and radio programs about matters of local significance; and

to promote the free availability to audiences throughout Australia of television coverage of events of national importance and cultural significance; and

to ensure the development, production and provision of Australian programs by subscription video on demand services; and

to promote the provision of high quality and innovative programming by providers of broadcasting services; and

to promote the provision of high quality and innovative content by providers of datacasting services; and

to encourage providers of commercial and community broadcasting services to be responsive to the need for a fair and accurate coverage of matters of public interest and for an appropriate coverage of matters of local significance; and

to encourage providers of broadcasting services to respect community standards in the provision of program material; and

to promote access to certain broadcasting services and broadcasting video on demand services that are made available free to Australian audiences and users; and

to ensure online content service providers respect community standards in relation to gambling promotional content; and

to encourage the provision of means for addressing complaints about broadcasting services; and

to provide a means for addressing complaints about gambling promotional content provided on online content services; and

to ensure that providers of broadcasting services place a high priority on the protection of children from exposure to program material which may be harmful to them; and

to ensure that international broadcasting services are not provided contrary to Australia’s national interest; and

to ensure the maintenance and, where possible, the development of diversity, including public, community and indigenous broadcasting, in the Australian broadcasting system in the transition to digital broadcasting.

enables public interest considerations to be addressed in a way that does not impose unnecessary financial and administrative burdens on providers of broadcasting services, broadcasting video on demand services and datacasting services; and

will readily accommodate technological change; and

encourages:

the development of broadcasting technologies, broadcasting video on demand technologies and datacasting technologies, and their application; and

the provision of services made practicable by those technologies to the Australian community.

(3AB) The Parliament also intends that gambling promotional content provided on online content services be regulated in a manner that:

enables public interest considerations in relation to gambling promotional content to be addressed in a way that does not impose unnecessary financial and administrative burdens on the providers of online content services; and

will readily accommodate technological change; and

encourages the provision of online content services to the Australian community; and

encourages the development of technologies relating to online content services.

charges the ACMA with responsibility for monitoring the broadcasting industry, the broadcasting video on demand industry, the datacasting industry and the online content service industry; and

confers on the ACMA a range of functions and powers that are to be used in a manner that, in the opinion of the ACMA, will:

produce regulatory arrangements that are stable and predictable; and

deal effectively with breaches of the rules established by this Act.

the Australian Competition and Consumer Commission; or

any other body or person who has regulatory responsibilities in relation to the internet industry.

the person’s spouse or a parent, child, brother or sister of the person; or

a partner of the person or, if a partner of the person is a natural person, a spouse or a child of a partner of the person; or

if the person or another person who is an associate of the person under another paragraph receives benefits or is capable of benefiting under a trust—the trustee of the trust; or

a person (whether a company or not) who:

acts, or is accustomed to act; or

under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act;

in accordance with the directions, instructions or wishes of, or in concert with, the first-mentioned person or of the first-mentioned person and another person who is an associate of the first-mentioned person under another paragraph; or

if the person is a company—another company if:

(i) the other company is a related body corporate of the person for the purposes of the Corporations Act 2001; or

the person, or the person and another person who is an associate of the person under another paragraph, are in a position to exercise control of the other company;

but persons are not associates if the ACMA is satisfied that they do not act together in any relevant dealings relating to that company, licence or newspaper, and neither of them is in a position to exert influence over the business dealings of the other in relation to that company, licence or newspaper.

associate member means an associate member of the ACMA.

authorised infringement notice officer means:

the Chair of the ACMA; or

a member of the staff of the ACMA appointed under section 205ZE.

broadcasting service means a service that delivers television programs or radio programs to persons having equipment appropriate for receiving that service, whether the delivery uses the radiofrequency spectrum, cable, optical fibre, satellite or any other means or a combination of those means, but does not include: a service (including a teletext service) that provides no more than data, or no more than text (with or without associated still images); or a service that makes programs available on demand on a point-to-point basis, including a dial-up service; or a service, or a class of services, that the Minister determines, under subsection (2), not to fall within this definition.

a service (including a teletext service) that provides no more than data, or no more than text (with or without associated still images); or

a service that makes programs available on demand on a point-to-point basis, including a dial-up service; or

a service, or a class of services, that the Minister determines, under subsection (2), not to fall within this definition.

broadcasting services bands means:

(a) that part of the radiofrequency spectrum that is designated under subsection 31(1) of the Radiocommunications Act 1992 as being primarily for broadcasting purposes; and

(b) that part of the radiofrequency spectrum that is designated under subsection 31(1A) of the Radiocommunications Act 1992 as being partly for the purpose of digital radio broadcasting services.

broadcasting services bands licence means a commercial television broadcasting licence, a commercial radio broadcasting licence or a community broadcasting licence that uses the broadcasting services bands as a means of delivering broadcasting services.

census count means a census count of the Australian population published by the Australian Statistician.

CER Trade in Services Protocol:

means the Protocol on Trade in Services to the Australia New Zealand Closer Economic Relations Trade Agreement (being that Protocol as in force from time to time); and

includes an instrument under that Protocol (being that instrument as in force from time to time).

Chair means the Chair of the ACMA.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

civil penalty order means an order under subsection 205F(1).

civil penalty provision means a provision declared by this Act to be a civil penalty provision.

class licence means a class licence determined by the ACMA under section 117.

commercial broadcasting service has the meaning given by section 14.

commercial radio broadcasting licence means a licence under Part 4 to provide: in the case of a licence allocated under subsection 40(1)—a commercial radio broadcasting service; or in any other case—the commercial radio broadcasting service or services that, under section 41D, are authorised by the licence.

in the case of a licence allocated under subsection 40(1)—a commercial radio broadcasting service; or

in any other case—the commercial radio broadcasting service or services that, under section 41D, are authorised by the licence.

commercial radio broadcasting service means a commercial broadcasting service that provides radio programs.

commercial television broadcasting licence means a licence under Part 4 to provide: in the case of a licence allocated under section 38C—the commercial television broadcasting services that, under section 41CA, are authorised by the licence; or in the case of a licence allocated under subsection 40(1)—a commercial television broadcasting service; or in any other case—the commercial television broadcasting services that, under section 41C, are authorised by the licence.

in the case of a licence allocated under section 38C—the commercial television broadcasting services that, under section 41CA, are authorised by the licence; or

in the case of a licence allocated under subsection 40(1)—a commercial television broadcasting service; or

in any other case—the commercial television broadcasting services that, under section 41C, are authorised by the licence.

commercial television broadcasting service means a commercial broadcasting service that provides television programs.

community broadcasting licence means:

a community radio broadcasting licence; or

a community television broadcasting licence.

community broadcasting service has the meaning given by section 15.

community radio broadcasting licence means:

a licence under Part 6 to provide:

in the case of a licence allocated under subsection 82(1)—a community radio broadcasting service; or

in the case of a designated community radio broadcasting licence—the community radio broadcasting service or services that, under section 85A, are authorised by the licence; or

in any other case—a community radio broadcasting service; or

a licence under Part 6A to provide a community radio broadcasting service.

community radio broadcasting service means a community broadcasting service that provides radio programs.

community television broadcasting licence means a licence under Part 6 or 6A to provide a community broadcasting service that provides television programs.

company interests, in relation to a person who has a shareholding interest, a voting interest, a dividend interest or a winding-up interest in a company, means the percentage of that interest or, if the person has 2 or more of those interests, whichever of those interests has the greater or greatest percentage.

conditional access scheme means a scheme that sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section 38C.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.

CTV licence means a community broadcasting licence under Part 6 to provide a service that provides television programs but is not targeted, to a significant extent, to one or more remote Indigenous communities.

datacasting licence means a licence under Schedule 6 to provide a datacasting service.

datacasting service means a service that delivers content: whether in the form of text; or whether in the form of data; or whether in the form of speech, music or other sounds; or whether in the form of visual images (animated or otherwise); or whether in any other form; or whether in any combination of forms; to persons having equipment appropriate for receiving that content, where the delivery of the service uses the broadcasting services bands.

whether in the form of text; or

whether in the form of data; or

whether in the form of speech, music or other sounds; or

whether in the form of visual images (animated or otherwise); or

whether in any other form; or

whether in any combination of forms;

to persons having equipment appropriate for receiving that content, where the delivery of the service uses the broadcasting services bands.

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.

designated community radio broadcasting licence has the meaning given by section 8AA.

designated infringement notice provision means a provision declared by this Act to be a designated infringement notice provision.

digital commercial radio broadcasting service means a commercial radio broadcasting service that is transmitted using a digital modulation technique.

digital community radio broadcasting service means a community radio broadcasting service that is transmitted using a digital modulation technique.

digital national radio broadcasting service means a national radio broadcasting service that is transmitted using a digital modulation technique.

digital program enhancement content means content: in the form of text; or in the form of still visual images; or if a form is specified in a legislative instrument made by the Minister—in that form; or in any combination of the above forms; where: the content is transmitted using a digital modulation technique; and both the content and the radio program are intended to be received by the same reception equipment; and if: the reception equipment is capable of receiving both the content and the radio program; and the reception equipment is set to receive the radio program; the reception equipment will also receive the content.

in the form of text; or

in the form of still visual images; or

if a form is specified in a legislative instrument made by the Minister—in that form; or

in any combination of the above forms;

where:

the content is transmitted using a digital modulation technique; and

both the content and the radio program are intended to be received by the same reception equipment; and

if:

the reception equipment is capable of receiving both the content and the radio program; and

the reception equipment is set to receive the radio program;

the reception equipment will also receive the content.

digital radio multiplex transmitter licence has the same meaning as in the Radiocommunications Act 1992.

digital radio start-up day for a licence area has the meaning given by section 8AC.

evidential burden means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

Federal Court means the Federal Court of Australia.

foundation digital radio multiplex transmitter licence has the same meaning as in the Radiocommunications Act 1992.

gambling promotion program standard means a standard determined by the ACMA under section 125A.

infringement notice means an infringement notice under section 205Y.

interim tax means tax imposed by the Commercial Broadcasting (Tax) Act 2017.

international broadcasting guidelines means guidelines in force under section 121FP.

international broadcasting licence means a licence to provide an international broadcasting service.

international broadcasting service has the meaning given by section 18A.

legislature of a Territory means:

the Legislative Assembly for the Australian Capital Territory; or

the Legislative Assembly of the Northern Territory; or

such other Territory legislative bodies as are prescribed.

licence means a licence allocated by the ACMA under this Act (other than a class licence).

licence area means:

an area designated by the ACMA under section 29, 40 or 92G; or

an area specified in column 1 of the table in subsection 38C(1).

licence area plan means a licence area plan prepared under subsection 26(1) or (1B).

licence area population means the population of the licence area determined under section 30.

line has the same meaning as in the Telecommunications Act 1997.

local content exemption period has the meaning given by section 8AE.

member means a member of the ACMA.

Minister for Foreign Affairs means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

multiplex capacity has the same meaning as in Division 4B of Part 3.3 of the Radiocommunications Act 1992.

national broadcaster means the provider of a national broadcasting service referred to in paragraph 13(1)(a) or (b).

national broadcasting service has the meaning given by section 13.

national radio broadcasting service means a national broadcasting service that provides radio programs.

near relative, in relation to a person, means:

a parent, step-parent, child, stepchild, grandparent, grandchild, brother or sister of the person; or

the spouse of the first-mentioned person.

newspaper means a newspaper that is in the English language and is published on at least 4 days in each week, but does not include a publication if less than 50% of its circulation is by way of sale.

offence against this Act includes an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act.

open narrowcasting radio service means an open narrowcasting service that provides radio programs.

open narrowcasting service has the meaning given by section 18.

open narrowcasting television service means an open narrowcasting service that provides television programs.

overlap area means the area of overlap between the 2 licence areas.

parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

Parliament means:

the Parliament of the Commonwealth; or

a State Parliament; or

the legislature of a Territory.

political party means an organisation whose objects or activities include the promotion of the election of candidates endorsed by it to a Parliament.

population of Australia means the Australian population determined by the ACMA under section 30.

primary commercial television broadcasting service, in relation to a commercial television broadcasting licence, has the same meaning as in Schedule 4.

program, in relation to a broadcasting service, means:

matter the primary purpose of which is to entertain, to educate or to inform an audience; or

advertising or sponsorship matter, whether or not of a commercial kind.

program standards means standards determined by the ACMA relating to the content or delivery of programs, and includes a gambling promotion program standard.

radio program has a meaning affected by section 8AB.

reception certificate means a reception certificate issued under a conditional access scheme registered under Part 9C.

regional commercial radio broadcasting licence means a commercial radio broadcasting licence the licence area of which is neither: a licence area in which is situated the General Post Office of the capital city of any of the following States: New South Wales; Victoria; Queensland; Western Australia; South Australia; nor the licence area known as Western Suburbs Sydney RA1.

a licence area in which is situated the General Post Office of the capital city of any of the following States:

New South Wales;

Victoria;

Queensland;

Western Australia;

South Australia; nor

the licence area known as Western Suburbs Sydney RA1.

regional racing service radio licence has the meaning given by section 8AF.

registered code of practice means a code of practice registered under: section 123; or clause 28 of Schedule 6.

section 123; or

clause 28 of Schedule 6.

remote area service radio licence means a regional commercial radio broadcasting licence the licence area of which is: Remote Commercial Radio Service Central Zone RA1; or Remote Commercial Radio Service North East Zone RA1; or Remote Commercial Radio Service Western Zone RA1.

Remote Commercial Radio Service Central Zone RA1; or

Remote Commercial Radio Service North East Zone RA1; or

Remote Commercial Radio Service Western Zone RA1.

remote Indigenous community has the meaning given by section 8B.

satellite subscription television broadcasting licence means a licence under Part 7 to provide a subscription television broadcasting service with the use of a subscription television satellite.

scheme administrator:

in relation to a conditional access scheme for the South Eastern Australia TV3 licence area or the Northern Australia TV3 licence area—has the meaning given by subsection 130ZB(8); or

in relation to a conditional access scheme for the Western Australia TV3 licence area—has the meaning given by subsection 130ZBB(9).

shares means shares in, or stock forming part of, the capital of the company.

spouse of a person includes a de facto partner of the person.

stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.

step-parent: without limiting who is a step-parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step-parent of the person if he or she would be the person’s step-parent except that he or she is not legally married to the person’s parent.

subscription broadcasting service has the meaning given by section 16.

subscription fee includes any form of consideration.

subscription narrowcasting service has the meaning given by section 17.

subscription radio broadcasting service means a subscription broadcasting service that provides radio programs.

subscription radio narrowcasting service means a subscription narrowcasting service that provides radio programs.

subscription television broadcasting licence means a licence under Part 7 to provide one or more subscription television broadcasting services.

subscription television broadcasting service means a subscription broadcasting service that provides television programs.

subscription television narrowcasting service means a subscription narrowcasting service that provides television programs.

subscription television satellite means a satellite that was, at any time before 1 July 1997, operated under the general telecommunications licence that was granted to AUSSAT Pty Ltd and notified on 26 November 1991 in Gazette No. S323.

telecommunications carrier means a carrier (within the meaning of the Telecommunications Act 1997).

television licence area plan means a licence area plan prepared under subsection 26(1B).

temporary community broadcasting licence means a community broadcasting licence that: is a broadcasting services bands licence; and is allocated under Part 6A. transaction includes: arrangements under which a person becomes a director of a company; and the acquisition of things by gift or inheritance.

is a broadcasting services bands licence; and

is allocated under Part 6A.

transaction includes:

arrangements under which a person becomes a director of a company; and

the acquisition of things by gift or inheritance.

transmitter licence has the same meaning as in the Radiocommunications Act 1992.

a person has a shareholding interest in a company if the person is beneficially entitled to, or to an interest in, shares in the company, whether or not any part of the legal ownership of the shares is vested in the person; and

the percentage of the interest is the value of the shares, or of the interest in the shares, as the case may be, on the basis that the value of the shares is equal to the amount paid on the shares, expressed as a percentage of the total of all amounts paid on shares in the company.

a person has a voting interest in a company if the person is in a position to exercise control of votes cast on a poll at a meeting of the company; and

the percentage of the interest is the greatest percentage of the number of votes, expressed as a percentage of the total number of votes that could be cast on any issue at a meeting of the company, the casting of which the person is in a position to control.

a person has a dividend interest in a company if:

the person is, or would become if a dividend were declared, beneficially entitled to be paid or credited a dividend by the company; or

under the memorandum and articles of association of the company, a share of any profits of the company is to be, or may be, paid or credited to the person otherwise than as dividends on shares; and

the percentage of the interest is:

if subparagraph (a)(i) applies—the amount of the dividend to which the person is beneficially entitled or will become beneficially entitled expressed as a percentage of the total of all dividends to which members of the company become entitled at that time; or

if subparagraph (a)(ii) applies—the amount of the maximum share of any profits of the company that could be paid or credited to the person at a particular time expressed as a percentage of the total of all shares of profits that could be paid or credited to all members of the company at that time.

a person has a winding-up interest in a company if the person would be entitled to a share of the property of the company that could be distributed among members of the company if property of the company were distributed among members, whether as a result of a winding-up or otherwise; and

the percentage of the interest is the percentage that the value of that part of the property of the company to which the person would be so entitled bears to the total value of the property of the company.

the community radio broadcasting licence was allocated under Part 6 (other than under subsection 82(1)); and

the licence area of the community radio broadcasting licence is the same as the licence area of a commercial radio broadcasting licence; and

the community radio broadcasting service or services provided under the community radio broadcasting licence satisfy such conditions (if any) as are set out in a legislative instrument made by the ACMA.

a digital commercial radio broadcasting service; and

digital program enhancement content in relation to a radio program delivered by that service;

the digital program enhancement content is taken to be a radio program delivered by that service.

Community radio broadcasting services

a digital community radio broadcasting service; and

digital program enhancement content in relation to a radio program delivered by that service;

the digital program enhancement content is taken to be a radio program delivered by that service.

National radio broadcasting services

a digital national radio broadcasting service; and

digital program enhancement content in relation to a radio program delivered by that service;

the digital program enhancement content is taken to be a radio program delivered by that service.

the ACMA has taken sufficient action under:

Part 3 of this Act; and

(ii) Radiocommunications Act 1992;Part 2.3 of the

to facilitate the provision of the following services in a licence area:

digital commercial radio broadcasting services;

digital community radio broadcasting services;

digital national radio broadcasting services; and

one or more foundation digital radio multiplex transmitter licences have been issued for the licence area; and

(c) the multiplex capacity, or the combined multiplex capacities, of those licences are sufficient to fulfil the standard access entitlements that are likely to come into existence under subsection 118NQ(2) of the Radiocommunications Act 1992 in its application to the licence area; and

(d) an access undertaking under Radiocommunications Act 1992 is in force for the licence or licences referred to in paragraph (b);Division 4B of Part 3.3 of the

the ACMA may, by writing, declare a specified day to be the digital radio start-up day for the licence area.

the licence area of a commercial radio broadcasting licence; or

the licence area of a community radio broadcasting licence, where that licence area is the same as the licence area of a commercial radio broadcasting licence.

section 8AC of this Act; and

(b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and

the application of:

any other provision of this Act; or

(ii) any other provision of the Radiocommunications Act 1992; or

any other law of the Commonwealth;

to digital commercial radio broadcasting services;

the licence area known as Western Suburbs Sydney RA1 is taken to be the same as the commercial radio broadcasting licence area in which is situated the General Post Office of Sydney.

Hobart RA2 and Hobart RA4

sections 8AA and 8AC of this Act; and

(b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and

(c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the Radiocommunications Act 1992; and

the application of:

any other provision of this Act; or

(ii) any other provision of the Radiocommunications Act 1992; or

any other law of the Commonwealth;

to digital community radio broadcasting services;

the licence areas known as Hobart RA2 and Hobart RA4 are taken to be the same as the commercial radio broadcasting licence area in which is situated the General Post Office of Hobart.

Other licence areas

sections 8AA and 8AC of this Act; and

(b) the definition of designated BSA radio area in section 5 of the Radiocommunications Act 1992; and

(c) paragraph 9C(1)(i) and subparagraph 9C(1)(j)(ii) of the Radiocommunications Act 1992; and

the application of:

any other provision of this Act; or

(ii) any other provision of the Radiocommunications Act 1992; or

any other law of the Commonwealth;

to digital community radio broadcasting services;

a specified licence area of a community radio broadcasting licence is taken to be the same as a specified licence area of a commercial radio broadcasting licence.

if:

the ACMA, by legislative instrument, specifies a period in relation to one or more specified regional commercial radio broadcasting licensees; and

the period does not exceed 5 weeks; and

the licensees specified in the instrument consist of or include the licensee;

that period; or

if:

paragraph (a) does not apply; and

the ACMA, by legislative instrument, specifies 2 periods in relation to one or more specified regional commercial radio broadcasting licensees; and

the periods, in aggregate, do not exceed 5 weeks; and

the licensees specified in the instrument consist of or include the licensee;

each of those periods; or

if:

neither paragraph (a) nor (b) applies; and

the ACMA, by legislative instrument, specifies a period; and

the period does not exceed 5 weeks;

that period; or

if:

none of paragraphs (a), (b) or (c) apply; and

the ACMA, by legislative instrument, specifies 2 periods; and

the periods, in aggregate, do not exceed 5 weeks;

each of those periods; or

if:

none of paragraphs (a), (b), (c) or (d) apply; and

the licensee, by written notice given to the ACMA, specifies a period; and

the period does not exceed 5 weeks;

that period; or

if:

none of paragraphs (a), (b), (c), (d) or (e) apply; and

the licensee, by written notice given to the ACMA, specifies 2 periods; and

the periods, in aggregate, do not exceed 5 weeks;

each of those periods; or

if none of paragraphs (a), (b), (c), (d), (e) or (f) apply—the 5-week period beginning on the second Sunday in December each financial year.

a period that occurs only once; or

a recurring period.

Notice given to the ACMA—requirements

the start of the next local content exemption period that, disregarding the notice, would be applicable to the licensee giving the notice; and

whichever of the following times is applicable:

in the case of a notice under paragraph (1)(e)—the start of the period specified in the notice;

in the case of a notice under paragraph (1)(f)—the start of the earlier of the periods specified in the notice.

(a) a regional commercial radio broadcasting licensee gives the ACMA a notice under subsection (1) (the earlier notice) in a financial year; and

(b) the licensee gives the ACMA another notice under subsection (1) (the later notice) in a later financial year; and

the later notice is expressed to replace the earlier notice;

the earlier notice is taken to cease to be in force when the later notice is given.

a regional commercial radio broadcasting licensee gives the ACMA a revocation notice under subsection (7); and

the revocation results in paragraph (1)(g) applying to the licensee;

the licensee must publish the revocation notice on its website.

the broadcasting service is promoted, on the broadcasting service:

as a broadcasting service of interest mainly to persons involved in horse racing, harness racing or greyhound racing; or

using the phrase “racing radio service”;

the racing content percentage, in relation to the broadcasting service, is 60% or more for each day, other than Christmas Day and Good Friday;

if, on a particular day, content other than racing content is broadcast on the broadcasting service—a significant proportion of that content is:

relevant to horse racing, harness racing or greyhound racing; or

of interest mainly to persons involved in horse racing, harness racing or greyhound racing.

coverage of a horse race, a harness race or a greyhound race; or

information directly related to horse racing, harness racing or greyhound racing, including:

selections; and

scratchings; and

betting information; and

track conditions; or

other material that is broadcast during an hour, so long as that material:

is broadcast between 2 races of a kind referred to in paragraph (a); and

is not broadcast for more than 15 minutes of the hour.

an international broadcasting licence; and

either:

a commercial radio broadcasting licence; or

a commercial television broadcasting licence.

an international broadcasting licence; and

a community broadcasting licence.

an international broadcasting licence; and

a subscription television broadcasting licence.

the service requires an international broadcasting licence;

the service is to be provided under the relevant class licence.

(a) broadcasting services provided by the Australian Broadcasting Corporation in accordance with Australian Broadcasting Corporation Act 1983; orsection 6 of the

(b) broadcasting services provided by the Special Broadcasting Service Corporation in accordance with Special Broadcasting Service Act 1991; orsection 6 of the

(c) broadcasting services provided under the Parliamentary Proceedings Broadcasting Act 1946.

that provide programs that, when considered in the context of the service being provided, appear to be intended to appeal to the general public; and

that provide programs that:

are able to be received by commonly available equipment; and

are made available free to the general public; and

that are usually funded by advertising revenue; and

that are operated for profit or as part of a profit-making enterprise; and

that comply with any determinations or clarifications under section 19 in relation to commercial broadcasting services.

whose reception is limited:

by being targeted to special interest groups; or

by being intended only for limited locations, for example, arenas or business premises; or

by being provided during a limited period or to cover a special event; or

because they provide programs of limited appeal; or

for some other reason; and

that comply with any determinations or clarifications under section 19 in relation to open narrowcasting services.

(a) the means of delivering the services involves the use of a radiocommunications transmitter in Australia (whether alone or in combination with any other means); and

the services comply with any determinations or clarifications under section 19 in relation to international broadcasting services.

(a) provided by the Australian Broadcasting Corporation in accordance with Australian Broadcasting Corporation Act 1983; orsection 6 of the

(b) provided by the Special Broadcasting Service Corporation in accordance with Special Broadcasting Service Act 1991; orsection 6 of the

an exempt broadcasting service (as defined by subsection (3)).

the service delivers only programs packaged outside Australia (which may include programs produced in Australia); and

all relevant programming decisions are made outside Australia; and

the service is transmitted from a place outside Australia to an earth station in Australia for the sole purpose of being immediately re-transmitted to a satellite; and

the satellite is a means of delivering the service (whether alone or in combination with any other means).

determine additional criteria to those specified in sections 14 to 18A; or

clarify the criteria specified in sections 14 to 18A;

for the purpose of distinguishing between categories of broadcasting services.

receiving the application; or

if the ACMA has requested further information—receiving that further information;

give the applicant, in writing, its opinion as to which category, or categories, of broadcasting services the service falls into.

take any action against the provider of the service during the period of 5 years commencing on the day on which the opinion is given on the basis that the service falls into a different category, or different categories, of broadcasting services than that advised in the opinion; or

unless the ACMA has made a determination or clarification under section 19 after that opinion was given that places the broadcasting service in a different category or different categories—take any action against the provider of the service after the end of that period on the basis that the service falls into a different category, or different categories, of broadcasting services.

receiving the application; or

if the ACMA has requested further information—receiving that further information;

give the applicant, in writing, its opinion as to which category, or categories, of broadcasting services the service falls into, the ACMA is taken to have given an opinion at the end of that period that accords with the applicant’s opinion.

digital commercial radio broadcasting services; or

digital community radio broadcasting services; or

digital national radio broadcasting services;

the licence area plan is not required to determine the technical specifications of those services.

Television licence area plans

specify the channels that are to be available in particular areas of Australia to provide the following services:

commercial television broadcasting services;

national television broadcasting services;

other television broadcasting services;

with the use of the broadcasting services bands; and

allot, or empower the ACMA to allot, those channels to:

particular commercial television broadcasting licensees; or

particular national broadcasters; or

particular providers of television broadcasting services (other than commercial television broadcasting licensees or national broadcasters);

as the case requires; and

determine the characteristics, including technical specifications, of the transmission of each of the following services:

commercial television broadcasting services;

national television broadcasting services;

other television broadcasting services;

using those channels; and

determine, or empower the ACMA to determine, any technical limitations on the use of a particular channel that the ACMA considers should be applicable; and

determine, or empower the ACMA to determine, whether the use of a particular channel depends on any event or circumstances that the ACMA considers should be applicable.

a particular commercial television broadcasting licensee; or

a particular national broadcaster; or

a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster);

for different periods.

a particular commercial television broadcasting licensee; or

a particular national broadcaster; or

a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster).

a television licence area plan is applicable to the transmission of one or more commercial television broadcasting services in a particular area; and

those services are provided under a particular commercial television broadcasting licence;

the licensee must not transmit any of those commercial television broadcasting services in that area otherwise than in accordance with the television licence area plan.

a television licence area plan is applicable to the transmission of one or more national television broadcasting services in a particular area; and

those services are provided by a particular national broadcaster;

the national broadcaster must not transmit any of those national television broadcasting services in that area otherwise than in accordance with the television licence area plan.

a television licence area plan is applicable to the transmission of one or more television broadcasting services in a particular area; and

those services are not provided:

under a commercial television broadcasting licence; or

by a national broadcaster;

the provider of those television broadcasting services must not transmit any of those services in that area otherwise than in accordance with the television licence area plan.

a commercial radio broadcasting licence was in force immediately before the digital radio start-up day for the licence area; and

the licence authorises the licensee to provide digital commercial radio broadcasting services in the licence area;

the relevant licence area plan is not required to deal with those services.

Community radio broadcasting services

a designated community radio broadcasting licence was in force immediately before the digital radio start-up day for the licence; and

the licence authorises the licensee to provide digital community radio broadcasting services in the licence area;

the relevant licence area plan is not required to deal with those services.

digital commercial radio broadcasting services; or

digital community radio broadcasting services; or

digital national radio broadcasting services.

individual digital commercial radio broadcasting services; or

individual digital community radio broadcasting services; or

individual digital national radio broadcasting services.

the digital commercial radio broadcasting services; and

the digital community radio broadcasting services; and

the digital national radio broadcasting services;

that, from time to time, are, or are to be, transmitted under the digital radio multiplex transmitter licence or licences issued, or to be issued, in relation to the area concerned.

the percentage of the population of Australia constituted by that licence area population; and

the percentage of that licence area population that is attributable to an overlap area.

national broadcasting services; or

community broadcasting services (other than services provided by temporary community broadcasting licensees);

but such a notice must not affect the provision of services in accordance with a licence already allocated by the ACMA under this Act or in accordance with a class licence.

the ACMA has advertised under section 38 for applications for the allocation of one or more commercial television broadcasting licences or commercial radio broadcasting licences that are broadcasting services bands licences and that licence is not allocated or not all of those licences are allocated; or

broadcasting services bands spectrum is available in a licence area but has not been made available for commercial television broadcasting licences or commercial radio broadcasting licences; or

broadcasting services bands spectrum has been reserved under section 31 but has not been made available for the purpose for which it was reserved; or

broadcasting services bands spectrum is available but the ACMA has not commenced or completed planning and allocation processes in relation to that spectrum;

the ACMA may, by written instrument, determine that the part or parts of the radiofrequency spectrum concerned is or are available for allocation, for a period specified by the ACMA:

for the temporary transmission or the re-transmission of programs; or

to temporary community broadcasting licensees; or

to providers of subscription broadcasting services, subscription narrowcasting services or open narrowcasting services; or

for the transmission of datacasting services on a temporary basis; or

for other purposes.

the possible future demand for the use of that part of the radiofrequency spectrum; and

such other matters as the ACMA considers relevant.

the possible future demand for the use of that part of the radiofrequency spectrum for the provision of commercial television broadcasting services; and

such other matters as the ACMA considers relevant.

another part that is also specified in the determination; or

2 other parts that are also specified in the determination.