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 datacasting industry in Australia that is efficient, competitive and responsive to audience and user needs; and

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

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;

(a) in the definition of associate, section 7, Part 5 and Schedule 1:

a licence allocated by the ABA under this Act (other than a class licence); or

a datacasting transmitter licence; and

in any other provision of this Act—a licence allocated by the ABA under this Act (other than a class licence).

another part that is also specified in the determination; or

2 other parts that are also specified in the determination.

a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or

a datacasting service provided under any other licence allocated by the ABA under this Act; or

a datacasting service provided in accordance with a class licence.

all of the following conditions are satisfied:

no licence for the licence area previously allocated under this section to the existing licensee has been cancelled because of a breach of the condition set out in paragraph 7(1)(i) of Schedule 2;

no licence for the licence area previously held by the existing licensee has been cancelled because of a breach of the condition set out in subsection (9);

no licence for the licence area previously held by the existing licensee has been surrendered; or

both:

paragraph (a) does not apply; and

the ABA is satisfied that there are exceptional circumstances.

(a) a particular licence area is the licence area of only 2 commercial television broadcasting licences (the parent licences) that are in force; and

neither of those licences was allocated under section 38A; and

an additional commercial television broadcasting licence can be allocated for the licence area;

a joint written notice stating that:

(i) a company specified in the notice (the joint-venture company) will apply for an additional commercial television broadcasting licence for the licence area; and

the joint-venture company is jointly owned by the existing licensees; and

the joint-venture company is formed in Australia or an external Territory and has a share capital; or

a joint written notice stating that each of the existing licensees will apply separately for an additional commercial television broadcasting licence for the licence area; or

a joint written notice stating that only the existing licensee specified in the notice will apply for an additional commercial television broadcasting licence for the licence area.

(a) the ABA has received an application from only one existing licensee (the first licensee) under subsection (3); and

the ABA has not received a notice from the other existing licensee stating that it will not be applying under subsection (3);

(a) an application from an existing licensee (the first licensee) under subsection (3); and

a notice from the other existing licensee stating that it will not be applying under subsection (3);

the name of the successful applicant; and

the amount that the applicant agreed to pay to the Commonwealth for the allocation of the licence.

more than 30% of the licence area population of a specified licence area is attributable to a specified overlap area; or

a specified licence area is entirely within another specified licence area;

the licensee may only provide the commercial television broadcasting service concerned in digital mode (within the meaning of Schedule 4); and

if the licence area for the licence is wholly outside a remote licence area (within the meaning of Schedule 4)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) by whichever is the earlier of the following times:

the time that is notified in writing to the licensee by the ABA;

the start of 1 January 2004; and

if any part of the licence area for the licence is within a remote licence area (within the meaning of Schedule 4)—the licensee will commence to provide the commercial television broadcasting service concerned in SDTV digital mode (within the meaning of Schedule 4) by the time that is notified in writing to the licensee by the ABA, being a time that is not earlier than the date determined by the ABA in relation to the remote licence area as mentioned in subclause 6(6A) of Schedule 4.

the additional licence; and

each parent licence;

the additional licence; and

the parent licence concerned;

the additional licence; or

the parent licence concerned;

if the licence area is wholly outside a remote licence area (within the meaning of Schedule 4)—the commencement of this section; or

if any part of the licence area is within a remote licence area (within the meaning of Schedule 4)—the time determined by the ABA in relation to the remote licence area for the purposes of this paragraph.

a commercial television broadcasting licence; and

a datacasting transmitter licence.

a company that is in a position to exercise control of a commercial television broadcasting licence; and

a company that is in a position to exercise control of a datacasting transmitter licence.

be in a position to exercise control of a commercial television broadcasting licence; and

be a director of a company that is in a position to exercise control of a datacasting transmitter licence.

be a director of a company that is in a position to exercise control of a commercial television broadcasting licence; and

be in a position to exercise control of a datacasting transmitter licence.

the company remains:

the holder of the additional licence; and

partly owned by another company that was the holder of one of the existing licences at the time of the allocation; and

the other company remains the holder of the existing licence;

the information has been used for the purposes of:

a television or radio program; or

datacasting content.

television or radio programs; or

datacasting content;

in the case of a datacasting transmitter licence:

the person is the licensee; or

the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of the selection or provision of a significant proportion of the datacasting content transmitted by the licensee; or

the person, either alone or together with an associate of the person, is in a position to exercise (whether directly or indirectly) control of a significant proportion of the operations of the licensee in transmitting datacasting services under the licence; or

the conditions of the agreement relate only to the datacasting content so supplied or its promotion; and

the content so supplied is a minority of the datacasting content transmitted by the licensee.

in the case of a datacasting transmitter licensee—controls the selection or provision of any of the datacasting content to be transmitted by the licensee; or

a company that holds a datacasting transmitter licence; or

the licensee will comply with standards applicable to the licence under Division 2 of Part 4 of Schedule 4 (which deals with HDTV quotas);

the licensee will comply with any regulations made for the purposes of clause 36B of Schedule 4 (which deals with the accessibility of domestic reception equipment);

in a timely manner; and

at no cost; and

in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;

in a timely manner; and

at no cost; and

in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;

make or vary a digital channel plan under a scheme in force under clause 6 of Schedule 4; or

make or vary a digital channel plan under a scheme in force under clause 19 of Schedule 4.

a broadcasting service by means of radiocommunications using the broadcasting services bands; or

a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.

the licensee provided the service throughout the 2-year period ending immediately before the commencement of Schedule 6; and

the service remains substantially the same as the service provided throughout that 2-year period.

a commercial television broadcasting service; or

a national television broadcasting service.

the service provides television programs; and

either:

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

(ii) the service is provided by the Special Broadcasting Service Corporation in accordance with Special Broadcasting Service Act 1991; andsection 6 of the

the service is transmitted in digital mode using multi-channelling transmission capacity; and

the only programs delivered by the service are programs to which subclause (2) applies; and

the service is promoted as a service that is distinct from any other broadcasting service provided by the Corporation concerned; and

the service is neither a subscription broadcasting service nor a subscription narrowcasting service; and

the Corporation concerned has given the Minister a written notice electing that this subclause apply to the service; and

if the Corporation concerned transmits the service in a particular coverage area:

the Corporation transmits another broadcasting service in that coverage area; and

the other service is a national television broadcasting service; and

clause 19 applies to the other service during the simulcast period for that coverage area.

a program (including a news bulletin or a current affairs program) that deals wholly or principally with regional matters;

an educational program;

a science program;

a religious program;

a health program;

an arts-related program;

a culture-related program;

a financial, market or business information bulletin;

a program that consists of:

the proceedings of, or the proceedings of a committee of, a Parliament; or

the proceedings of a court or tribunal in Australia; or

the proceedings of an official inquiry or Royal Commission in Australia; or

a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory;

a public policy program;

a foreign-language news bulletin;

a program about community-based multicultural or indigenous activities;

a children’s program;

a history program;

a program that:

is produced by the Australian Broadcasting Corporation; and

deals with international news (including analysis of items of international news);

a national program about rural affairs;

an information-only program;

a stand-alone international social documentary;

a stand-alone social documentary that is produced by the Special Broadcasting Service Corporation;

a subtitled foreign-language program;

an occasional stand-alone drama program;

incidental matter.

advertising or sponsorship matter (whether or not of a commercial kind); or

a program promotion; or

an announcement; or

a hosting; or

any other interstitial program.

the lecture, speech, debate or forum deals wholly or principally with one or more matters of public policy; and

there is no editing of the substance of the lecture, speech, debate or forum; and

if there is any analysis, commentary or discussion about the substance of the lecture, speech, debate or forum—the analysis, commentary or discussion has a balanced presentation of points of view.

the objective that each additional channel should occupy 7 MHz of bandwidth;

the objective that, at the end of the simulcast period for a licence area, all transmissions of commercial television broadcasting services in analog mode in that area are to cease;

the objective that, after the end of the simulcast period for a licence area, each holder of a commercial television broadcasting licence for that area is to transmit the commercial television broadcasting service concerned in digital mode in that area using such channel or channels as the ABA allots under the scheme or a digital channel plan, having regard to:

the need to plan the most efficient use of the spectrum; and

the other relevant policy objectives of the scheme;

the need to plan the most efficient use of the spectrum; and

the other relevant policy objectives of the scheme.

the holder of a commercial television broadcasting licence holds another commercial television broadcasting licence; and

the other licence was allocated under section 38A or 38B; and

the licences relate to the same licence area (within the meaning of whichever of those sections is applicable); and

at or about the time when the other licence was allocated, the holder gave the ABA a written notice electing that this subclause apply to both of the commercial television broadcasting services concerned;

paragraphs (3)(d), (e) and (ha) do not apply to either of the commercial television broadcasting services concerned; and

Part A of the commercial television conversion scheme must be directed towards ensuring the achievement of the objectives set out in subclause (5B).

the objective that, throughout the simulcast period for the licence area, the holder should be authorised, under one or more transmitter licences, to use one or more particular channels to transmit both of the commercial television broadcasting services concerned in digital mode in that area using multi-channelling transmission capacity on each channel;

the objective that each channel should occupy 7 MHz of bandwidth;

the objective that, after the end of the simulcast period for the licence area, the holder is to transmit both of the commercial television broadcasting services concerned in digital mode in that area using multi-channelling transmission capacity of a channel or channels allotted by the ABA under the scheme or a digital channel plan, having regard to:

the need to plan the most efficient use of the spectrum; and

the other relevant policy objectives of the scheme.

the need for spectrum to be made available for allocation for the purposes of the transmission of datacasting services under, and in accordance with the conditions of, datacasting licences; and

such other matters as the ABA considers relevant.

is to begin on the date determined in relation to that area in accordance with subclause (6A); and

is to run for such period as the ABA determines under the scheme.

ignore a particular item of category B digital program-enhancement content (as defined by subclause (15)), so long as the licensee does not transmit simultaneously any other item of category B digital program-enhancement content; and

ignore a particular television program transmitted using multi-channelling transmission capacity, where:

the program is a scheduled program that provides live coverage of a designated event (as defined by subclause (20)); and

the other television program broadcast using that multi-channelling transmission capacity is a regularly scheduled news program; and

the end of the designated event is delayed for reasons that are not within the control of the licensee or of the person (if any) who supplied the first-mentioned program to the licensee (either directly or indirectly through one or more interposed persons); and

the sole purpose of the use of the multi-channelling transmission capacity is to allow viewers of the SDTV version of the commercial television broadcasting service to choose between viewing the regularly scheduled news program and viewing so much of the designated event as overlaps the other television program; and

ignore an electronic program guide (as defined by subclause (24)).

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;

the content is transmitted using a digital modulation technique; and

(h) the sole purpose of the transmission of the content is to enhance a television program (the primary program); and

the subject matter of the content is closely and directly linked to the subject matter of the primary program; and

the licensee transmits simultaneously the content and the primary program; and

either:

the licensee transmits simultaneously the primary program in both analog mode and SDTV digital mode; or

the primary program is covered by a determination under subclause (9) or (10).

the match from different camera angles;

each player’s results in past matches;

video highlights from those past matches;

each player’s ranking and career highlights.

a sporting event; or

a declared designated event (as defined by subclause (21)).

a schedule of the television programs provided by:

the commercial television broadcasting service transmitting the matter; or

all of the commercial television broadcasting services and all of the national television broadcasting services; or

a combination of:

a schedule covered by paragraph (a); and

items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; or

a combination of:

a schedule covered by paragraph (a); and

a facility the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule; or

a combination of:

a schedule covered by paragraph (a); and

items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; and

a facility the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule.

allot channels to holders of commercial television broadcasting licences; and

set out any technical limitations on the use of a particular channel that the ABA believes should be shown in the plan; and

set out whether the use of a channel depends on any event or circumstances described in the plan.

requiring the holder to surrender the transmitter licence or licences, with effect from the end of the simulcast period; and

requiring the ACA to issue, with effect from the end of the simulcast period, one or more transmitter licences that authorise the transmission of the commercial television broadcasting service concerned using the channel or channels mentioned in whichever of the following provisions is applicable:

paragraph 6(3)(ha) of this Schedule;

paragraph 6(5B)(c) of this Schedule.

the holder contravenes a standard under subclause 37(1) or 37A(1) or 37E(1) or (3); and

a specified requirement of that Part of the scheme; or

a standard applicable to the holder under subclause 37B(1) or 37C(1) or 37G(1) or (2).

the objective that each additional channel should occupy 7 MHz of bandwidth;

the objective that, at the end of the simulcast period for a coverage area, all transmissions of national television broadcasting services in analog mode in that area are to cease;

the objective that, after the end of the simulcast period for a coverage area, each national broadcaster is to transmit the national broadcasting service concerned in digital mode in that area using such channel or channels as the ABA allots under the scheme or a digital channel plan, having regard to:

the need to plan the most efficient use of the spectrum; and

the other policy objectives of the scheme;

the need to plan the most efficient use of the spectrum; and

the other relevant policy objectives of the scheme.

the need for spectrum to be made available for allocation for the purposes of the transmission of datacasting services under, and in accordance with the conditions of, datacasting licences; and

such other matters as the ABA considers relevant.

is to begin on the date mentioned in subclause (6A); and

is to end at the end of the simulcast period (within the meaning of subclause 6(7)) for the licence area that corresponds to that coverage area.

ignore a particular item of category B digital program-enhancement content (as defined by subclause (15)), so long as the national broadcaster does not transmit simultaneously any other item of category B digital program-enhancement content; and

ignore a particular television program transmitted using multi-channelling transmission capacity, where:

the program is a scheduled program that provides live coverage of a designated event (as defined by subclause (20)); and

the other television program broadcast using that multi-channelling transmission capacity is a regularly scheduled news program; and

the end of the designated event is delayed for reasons that are not within the control of the national broadcaster or of the person (if any) who supplied the first-mentioned program to the national broadcaster (either directly or indirectly through one or more interposed persons); and

the sole purpose of the use of the multi-channelling transmission capacity is to allow viewers of the SDTV version of the national television broadcasting service to choose between viewing the regularly scheduled news program and viewing so much of the designated event as overlaps the other television program; and

ignore an electronic program guide (as defined by subclause (24)).

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;

the content is transmitted using a digital modulation technique; and

(h) the sole purpose of the transmission of the content is to enhance a television program (the primary program); and

the subject matter of the content is closely and directly linked to the subject matter of the primary program; and

the national broadcaster transmits simultaneously the content and the primary program; and

either:

the national broadcaster transmits simultaneously the primary program in both analog mode and SDTV digital mode; or

the primary program is covered by a determination under subclause (9) or (10).

the match from different camera angles;

each player’s results in past matches;

video highlights from those past matches;

each player’s ranking and career highlights.

a sporting event; or

a declared designated event (as defined by subclause (21)).

a schedule of the television programs provided by:

the national television broadcasting service transmitting the matter; or

all of the commercial television broadcasting services and all of the national television broadcasting services; or

a combination of:

a schedule covered by paragraph (a); and

items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; or

a combination of:

a schedule covered by paragraph (a); and

a facility the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule; or

a combination of:

a schedule covered by paragraph (a); and

items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; and

a facility the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule.

allot channels to national broadcasters; and

set out any technical limitations on the use of a particular channel that the ABA believes should be shown in the plan; and

set out whether the use of a channel depends on any event or circumstances described in the plan.

requiring the national broadcaster to surrender the licence or licences, with effect from the end of the simulcast period; and

requiring the ACA to issue, with effect from the end of the simulcast period, one or more transmitter licences that authorise the transmission of the national broadcasting service concerned using the channel or channels mentioned in paragraph 19(3)(ha) of this Schedule.

the national broadcaster contravenes a standard under subclause 37(1) or 37A(1) or 37F(1) or (3); and

a specified requirement of that Part of the scheme; or

a standard applicable to the national broadcaster under subclause 37B(1) or 37C(1) or 37H(1) or (2).

in a timely manner; and

at no cost; and

in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;

in a timely manner; and

at no cost; and

in a form (and accompanied by any necessary digital systems information) that reasonably enables its inclusion in an electronic program guide;

provide domestic reception equipment; or

enter into an agreement, arrangement or understanding in relation to the provision of domestic reception equipment;

each commercial television broadcasting service; and

each national television broadcasting service; and

each datacasting service provided under, and in accordance with the conditions of, a datacasting licence.

the holder of a commercial television broadcasting licence; or

a national broadcaster; or

the holder of a datacasting licence; or

the holder of a datacasting transmitter licence.

a television broadcasting service transmitted in digital mode;

a datacasting service provided under, and in accordance with the conditions of, a datacasting licence.

commercial television broadcasting licensees; and

national broadcasters;

commercial television broadcasting licensees; and

national broadcasters;

that service is transmitted in digital mode in that area; and

that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8).

that service is transmitted in digital mode in that area; and

that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(8).

commercial television broadcasting licensees; and

national broadcasters;

commercial television broadcasting licensees; and

national broadcasters;

that service is transmitted in digital mode in that area; and

that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(10A).

that service is transmitted in digital mode in that area; and

that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(10A).

(a) in addition to transmitting a version of the commercial television broadcasting service concerned in SDTV digital mode in the licence area concerned, to transmit another version (the HDTV version) of the service in digital mode in that area; and

to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode on the HDTV version of that service in that area; and

if the licence was not allocated under section 38B—to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as:

(i) a program (the analog program) that is transmitted simultaneously by the licensee on that service in analog mode in that area and that is not covered by a determination under subclause 6(9) or (10); or

(ii) a program (the SDTV program) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area and that is covered by a determination under subclause 6(9) or (10); and

(d) if the licence was allocated under SDTV program) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area.section 38B—to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as a program (the

the objective that the transmission mentioned in paragraph (1)(a) is to commence:

as soon as practicable after the licensee begins to transmit the commercial television broadcasting service concerned in SDTV mode in that area; and

in any event, within the 2-year period beginning when the licensee is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that area;

the objective that, after the end of that 2-year period, each holder of a commercial television broadcasting licence for a licence area is required to transmit at least 20 hours per week of high-definition television programs in HDTV digital mode in that area on the HDTV version of the commercial television broadcasting service concerned.

that service is transmitted in digital mode in that area; and

that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(8); and

that service is not the subject of an election under subclause 6(5A).

(a) in addition to transmitting a version of the national television broadcasting service concerned in SDTV digital mode in the coverage area concerned, to transmit another version (the HDTV version) of the service in digital mode in that area; and

to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode on the HDTV version of that service in that area; and

to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as:

(i) a program (the analog program) that is transmitted simultaneously by the broadcaster on that service in analog mode in that area and that is not covered by a determination under subclause 19(9) or (10); or

(ii) a program (the SDTV program) that is transmitted simultaneously by the broadcaster on that service in SDTV digital mode in that area and that is covered by a determination under subclause 19(9) or (10).

the objective that the transmission mentioned in paragraph (1)(a) is to commence:

as soon as practicable after the broadcaster begins to transmit the national television broadcasting service concerned in SDTV mode in that area; and

in any event, within the 2-year period beginning when the broadcaster is required to commence transmitting the national television broadcasting service concerned in SDTV digital mode in that area;

the objective that, after the end of that 2-year period each national broadcaster is required to transmit at least 20 hours per week of high-definition television programs in HDTV digital mode in a coverage area on the HDTV version of the national television broadcasting service concerned.

that service is transmitted in digital mode in that area; and

that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(8); and

that service is not a multi-channelled national television broadcasting service.

(a) in addition to transmitting a version of the commercial television broadcasting service concerned in SDTV digital mode in the licence area concerned, to transmit another version (the HDTV version) of the service in digital mode in that area; and

to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode on the HDTV version of that service in that area; and

if the licence was not allocated under section 38B—to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as:

(i) a program (the analog program) that is transmitted simultaneously by the licensee on that service in analog mode in that area and that is not covered by a determination under subclause 6(9) or (10); or

(ii) a program (the SDTV program) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area and that is covered by a determination under subclause 6(9) or (10); and

(d) if the licence was allocated under SDTV program) that is transmitted simultaneously by the licensee on that service in SDTV digital mode in that area.section 38B—to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as a program (the

that service is transmitted in digital mode in that area; and

that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 8(10A).

(a) in addition to transmitting a version of the national television broadcasting service concerned in SDTV digital mode in the coverage area concerned, to transmit another version (the HDTV version) of the service in digital mode in that area; and

to meet specified quotas in relation to the extent to which high-definition television programs, or specified kinds of high-definition television programs, are transmitted in HDTV digital mode on the HDTV version of that service in that area; and

to ensure that a particular television program transmitted on the HDTV version of that service in that area during the simulcast period for that area is the same as:

(i) a program (the analog program) that is transmitted simultaneously by the broadcaster on that service in analog mode in that area and that is not covered by a determination under subclause 19(9) or (10); or

(ii) a program (the SDTV program) that is transmitted simultaneously by the broadcaster on that service in SDTV digital mode in that area and that is covered by a determination under subclause 19(9) or (10).

that service is transmitted in digital mode in that area; and

that service is not transmitted using a transmitter operated under the authority of a transmitter licence issued as mentioned in subclause 23(10A); and

that service is not a multi-channelled national television broadcasting service.

a television program that was originally produced in a high-definition digital video format; or

a television program that:

was originally produced in a non-video format (for example, 16 mm or 35 mm film) that was of equivalent picture quality to a high-definition digital video format; and

has been converted to a high-definition digital video format;

a television program that was originally produced in a high-definition digital video format; or

a television program that:

was originally produced in a non-video format (for example, 16 mm or 35 mm film) that was of equivalent picture quality to a high-definition digital video format; and

has been converted to a high-definition digital video format;

a television program that:

was originally produced in a standard definition digital video format; and

has been converted to a high-definition digital video format; or

a television program that:

was originally produced in an analog video format; and

has been converted to a standard definition digital video format;

beginning at 6 pm each day or, if another time is prescribed, beginning at that prescribed time each day; and

ending at 10.30 pm on the same day or, if another time is prescribed, ending at that prescribed time on the same day.

a television program, or a part of a television program, that is wholly in a language other than English; or

a television program, or a part of a television program, the audio component of which consists only of music that has no human vocal content that is recognisable as being in the English language; or

so much of the audio component of a television program as consists of incidental or background music.

a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or

a television broadcasting service transmitted in digital mode using the broadcasting services bands.

relates to the provision of one or more eligible datacasting services; and

allows a provider of an eligible datacasting service to determine whether an end-user is able to receive a particular eligible datacasting service.

the holder of a commercial television broadcasting licence; or

a national broadcaster;

an antenna;

a combiner;

a feeder system;

a facility of a kind specified in the regulations;

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

the facility is used, or capable of being used, in connection with:

the transmission of a television broadcasting service in digital mode; or

the provision of datacasting services in digital mode.

replacing the facility with another facility located on the same site and giving access to the replacement facility; or

giving access to a service provided by means of the designated associated facility.

a broadcasting transmission tower; or

the site on which a broadcasting transmission tower is situated.

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 in digital mode; and

the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.

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

the access seeker gives the owner or operator reasonable notice that the access seeker requires the access.

whether compliance is likely to result in significant difficulties of a technical or engineering nature; and

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

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):

changing the configuration or operating parameters of a facility situated on the site; and

making alterations to a facility situated on the site; and

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

agreed between the following parties:

the owner or operator;

the access seeker (within the meaning of that subclause); or

failing agreement, determined by an arbitrator appointed by the parties.

are authorised by datacasting licences; and

are not designated teletext services;

whether the ABA has sufficient powers to allow the most efficient use of the broadcasting services bands spectrum (including for the purposes of promoting the availability to audiences and users throughout Australia of a diverse range of datacasting services provided under, and in accordance with the conditions of, datacasting licences);

if those powers are insufficient, what additional powers should be provided for in laws of the Commonwealth.

public consultation; and

consultation with national broadcasters; and

consultation with holders of commercial television broadcasting licences.

whether paragraph 7(1)(m) of Schedule 2 (which deals with simulcast requirements for commercial television broadcasting licensees) should be amended or repealed;

section 28A;

section 38A;

section 38B;

section 73;

section 73A;

subclauses 6(5A), (5B) and (5C) of this Schedule;

paragraph 37E(1)(d) of this Schedule;

paragraph 37E(4)(c) of this Schedule;

paragraph 37G(1)(d) of this Schedule;

the competitive and regulatory arrangements that should apply to the operation of a radiocommunications transmitter on or after 1 January 2007 for transmitting a datacasting service under a datacasting transmitter licence, where:

there is in force a licence (other than a datacasting licence) allocated by the ABA under this Act authorising the provision of that service; or

that service is provided in accordance with a class licence;

the arrangements that should apply in relation to revenue to be raised by the Commonwealth (whether by way of taxation or otherwise) in connection with the operation of a radiocommunications transmitter on or after 1 January 2007 for transmitting a datacasting service under a datacasting transmitter licence, where:

there is in force a licence (other than a datacasting licence) allocated by the ABA under this Act authorising the provision of that service; or

that service is provided in accordance with a class licence;

the conditions that should apply to commercial television broadcasting licences on or after 1 January 2007 for the provision of commercial television broadcasting services;

the viability of creating an indigenous television broadcasting service and the regulatory arrangements that should apply to the digital transmission of such a service using spectrum in the broadcasting services bands.

the duration of related transmitter licences; and

(b) fees under the Television Licence Fees Act 1964.

whether Division 2 of Part 4 of this Schedule (which deals with HDTV quotas) should be amended or repealed;

the regulatory arrangements that should apply to:

the transmission of television programs by commercial television broadcasting licensees in HDTV digital mode in remote licence areas; and

the transmission of television programs by national broadcasters in HDTV digital mode in remote coverage areas.

restrictions on the provision of certain genres of television programs;

restrictions on the provision of audio content.

information-only programs (including matter that enables people to carry out transactions);

educational programs;

interactive computer games;

content in the form of text or still visual images;

Parliamentary broadcasts;

ordinary electronic mail;

Internet content.

do an act; or

omit to perform an act.

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

a part of the software that enables end-users to play the game is under the control of the datacasting licensee concerned.

music with video clips; or

video footage of musical performances;

a news bulletin;

a sports news bulletin;

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.

a company that:

is formed in Australia or in an external Territory; and

has a share capital; or

the Commonwealth, a State or a Territory; or

the Australian Broadcasting Corporation; or

the Special Broadcasting Service Corporation; or

any other body corporate established for a public purpose by a law of the Commonwealth or of a State or Territory.

coverage of one or more sporting events; or

analysis, commentary or discussion in relation to one or more sporting events;

the substance of the matter; and

the way in which the matter is advertised or promoted; and

any other relevant matters;

provide factual information, or directly-related comment, about any of a wide range of matters, including but not limited to any of the following:

products;

services;

community activities;

domestic or household matters;

private recreational pursuits or hobbies;

legal rights, obligations or responsibilities;

first aid, health or safety matters;

emergencies or natural disasters;

rural matters;

travel matters;

crime prevention matters; or

enable and/or facilitate the carrying out and/or completion of transactions;

a meeting, event, performance or other activity that can be attended by:

the public; or

a section of the public; or

members of a particular club, society or organisation; or

the activity of visiting an institution, a tourist attraction or other place;

in trade or commerce; or

by a government or government authority; or

in any other way.

commercial transactions; and

banking transactions; and

insurance transactions; and

dealings about employment matters; and

dealings with governments and government authorities.

any matter provided on that service is taken not to be a television program or a radio program; and

any matter provided on that service is taken not to be broadcast or televised; and

that service is taken not to be a broadcasting service, a television service or a radio service.

be in accordance with a form approved in writing by the ABA; and

be accompanied by the application fee determined in writing by the ABA.

the applicant is not a qualified entity; or

the ABA decides that subclause 9(1) applies to the applicant.

an offence against this Act or the regulations being committed; or

a breach of the conditions of the licence occurring;

the business record of the person; and

the person’s record in situations requiring trust and candour; and

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

the record in situations requiring trust and candour of each such person; and

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.

particulars of datacasting licences; and

such information about transmitter licences as the ABA determines.

a drama program;

a sports program;

a music program;

an infotainment or lifestyle program;

a documentary program;

a “reality television” program;

a children’s entertainment program;

a light entertainment or variety program;

a compilation program;

a quiz or games program;

a comedy program;

a program that consists of a combination of any or all of the above programs.

an information-only program;

an educational program.

a category A television program; or

an extract from a category A television program.

the extract is not longer than 10 minutes; and

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

having regard to:

the nature of the extract; and

the circumstances in which the extract is provided;

a news or current affairs program;

a financial, market or business information bulletin;

a weather bulletin;

a bulletin or program that consists of a combination of any or all of the above bulletins or programs.

an information-only program;

an educational program;

a foreign-language news bulletin.

a category B television program; or

an extract from a category B television program.

the bulletin or program is not longer than 10 minutes; and

if:

an earlier bulletin or program covered by subclause (1) was transmitted by the licensee; and

the content of the first-mentioned bulletin or program differs in any respect from the content of the earlier bulletin or program;

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

having regard to:

the nature of the bulletin or program; and

the circumstances in which the bulletin or program is provided;

the bulletin or program is not a presenter-based bulletin or program; and

one of the following applies:

the bulletin or program consists of a single item of news (including a single item of sports news);

the bulletin or program is a financial, market or business information bulletin or program that deals with a single topic;

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;

the bulletin or program is a weather bulletin or program; and

the bulletin or program can only be accessed by an end-user who makes a selection from an on-screen menu.

introductory or closing segments, or both, spoken by a host, or an anchor presenter, who is visible on the screen; and

video images (whether or not with accompanying sound).

the proceedings of, or the proceedings of a committee of, a Parliament; or

the proceedings of a court or tribunal in Australia; or

the proceedings of an official inquiry or Royal Commission in Australia; or

a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory.

text; or

text accompanied by associated sounds; or

still visual images; or

still visual images accompanied by associated sounds; or

any combination of matter covered by the above paragraphs; or

any combination of:

(i) matter that is covered by any of the above paragraphs (the basic matter); and

animated images (with or without associated sounds);

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

the animated images consist of advertising or sponsorship material.

the transmission of so much of a datacasting service as consists of an Internet carriage service (other than a declared Internet carriage service); or

the transmission of ordinary electronic mail.

the matter is content that has been copied from the Internet; and

the content is selected by the datacasting licensee concerned; and

there is in force an exemption order under subclause 27A(1) in relation to the transmission of the matter.

a schedule of programs provided by a broadcasting service or a datacasting service; or

a schedule covered by paragraph (a) and either or both of the following:

items of factual information, and/or items of comment, about some or all of the program in the schedule, where each item is brief and in the form of text;

a facility, the sole purpose of which is to enable an end-user to select, and commence viewing, one or more of the programs in the schedule.

a licensee may transmit an electronic program guide containing information about the programs transmitted by the licensee;

if a licensee transmits an electronic program guide containing information about any programs transmitted by a commercial television broadcasting service or a national television broadcasting service, the licensee must transmit equivalent information about programs transmitted by itself and by each other commercial television broadcasting service or a national television broadcasting service.

an information-only program; or

an educational program; or

a foreign-language news bulletin.

the matter is content that has been copied from the Internet; and

the content is selected by the datacasting licensee concerned; and

there is in force an exemption order under subclause 27A(1) in relation to the transmission of the matter.

the proceedings of, or the proceedings of a committee of, a Parliament; or

the proceedings of a court or tribunal in Australia; or

the proceedings of an official inquiry or Royal Commission in Australia; or

a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory.

text; or

text accompanied by associated sounds; or

still visual images; or

still visual images accompanied by associated sounds; or

any combination of matter covered by the above paragraphs; or

any combination of:

(i) matter that is covered by any of the above paragraphs (the basic matter); and

animated images (with or without associated sounds);

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

the animated images consist of advertising or sponsorship material.

the whole or a part of a datacasting service provided under a datacasting licence consists of an Internet carriage service; and

one or more persons enter into, begin to carry out, or carry out, a scheme; and

the ABA 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;

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

any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.

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;

the licensee will comply with standards applicable to the licence under clause 31;

the licensee will comply with any regulations made for the purposes of clause 36B of Schedule 4;

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;

the licensee will not transmit datacasting content that has been classified as RC, X or NVE by the Classification Board;

the licensee will not transmit datacasting content that has been classified R by the Classification Board unless:

the content has been modified as mentioned in paragraph 28(4)(b); or

access to the program is subject to a restricted access system (within the meaning of clause 27);

the licensee will comply with technical standards applicable to the licensee under clause 60;

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.

the transmission of so much of a datacasting service as consists of an Internet carriage service; or

the transmission of ordinary electronic mail.

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

a reference in those clauses to a broadcasting service included a reference to a datacasting service; and

a reference in those clauses to broadcast included a reference to provide on a datacasting service; and

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:

text; or

still visual images; or

any combination of matter covered by the above subparagraphs; and

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:

text; or

still visual images; or

any combination of matter covered by the above subparagraphs;

the transmission of so much of a datacasting service as consists of an Internet carriage service; or

the transmission of ordinary electronic mail.

an offence against this Act or the regulations being committed; or

a breach of the conditions of the licence occurring;

the business record of the person; and

the person’s record in situations requiring trust and candour; and

the business record of each person who is in a position to control the licence; and

the record in situations requiring trust and candour of each such person; and

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.

impose an additional condition on the licence; or

vary or revoke a condition of the licence imposed under this clause.

give to the licensee written notice of its intention; and

give to the licensee a reasonable opportunity to make representations to the ABA in relation to the proposed action; and

make the proposed changes available on the Internet.

clause 14; or

clause 16; or

clause 21; or

clause 24; or

clause 25.

requiring the licensee to comply with a code of practice that is applicable to the licensee; or

designed to ensure that a breach of a condition by the licensee does not recur.

conditions imposed under this clause; and

variations of conditions under this clause; and

revocations of conditions under this clause.

the objective of protecting children from exposure to matter that is unsuitable for children; and

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

matter is proposed to be transmitted by a datacasting licensee; and

the matter is content that is proposed to be copied from the Internet; and

the content is proposed to be selected by the datacasting licensee; and

if it were assumed that clause 20A and subclause 21(10) had not been enacted:

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

the transmission of the matter would not be contrary to the purpose of clauses 14, 16 and 21;

a group that the ABA is satisfied represents datacasting licensees should develop codes of practice that are to be applicable to the datacasting operations of datacasting licensees; and

those codes of practice should be developed:

in consultation with the ABA; and

taking account of any relevant research conducted by the ABA.

preventing the transmission of matter that, in accordance with community standards, is not suitable to be transmitted by datacasting licensees; and

methods of ensuring that the protection of children from exposure to datacasting content which may be harmful to them is a high priority; and

methods of classifying datacasting content that reflect community standards; and

promoting accuracy and fairness in datacasting content that consists of news or current affairs; and

preventing the transmission of datacasting content that:

simulates news or events in a way that misleads or alarms end-users; or

depicts the actual process of putting a person into a hypnotic state; or

is designed to induce a hypnotic state in end-users; or

(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

datacasting content that consists of:

advertising; or

sponsorship announcements; and

methods of:

handling complaints from the public about datacasting content or compliance with codes of practice; and

reporting to the ABA on complaints so made; and

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

such other matters relating to datacasting content as are of concern to the community.

the portrayal in datacasting content of physical and psychological violence;

the portrayal in datacasting content of sexual conduct and nudity;

the use in datacasting content of offensive language;

the portrayal in datacasting content of the use of drugs, including alcohol and tobacco;

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 preference, age, religion or physical or mental disability;

such other matters relating to datacasting content as are of concern to the community.

for the purpose of classifying films—those codes apply the film classification system administered by the Classification Board; and

those codes provide for methods of modifying films having particular classifications under that system so that the films are suitable to be transmitted; and

those codes provide for the provision of advice to consumers on the reasons for films receiving a particular classification; and

for the purpose of classifying interactive computer games—those codes apply the computer games classification system administered by the Classification Board; and

those codes provide for the provision of advice to consumers on the reasons for interactive computer games receiving a particular classification; and

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

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

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.

the group that the ABA is satisfied represents datacasting licensees develops a code of practice to be observed in the conduct of the datacasting operations of those licensees; and

the ABA is satisfied that:

the code of practice provides appropriate community safeguards for the matters covered by the code; and

the code is endorsed by a majority of datacasting licensees; and

members of the public have been given an adequate opportunity to comment on the code;

the ABA 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

the ABA is satisfied that it should determine a standard in relation to that matter;

no code of practice has been registered under clause 28 for a matter referred to in subclause 28(2); and

the ABA is satisfied that it should determine a standard in relation to that matter;

that the standard has been determined, varied or revoked; and

the places where copies of the standard or of the variation or revocation can be purchased.

the transmission of so much of a datacasting service as consists of an Internet carriage service; or

the transmission of ordinary electronic mail.

committed an offence against this Act or the regulations; or

breached a condition of the datacasting licence;

a person has made a complaint to a datacasting licensee about a matter relating to:

datacasting content; or

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

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

either:

the person has not received a response within 60 days after making the complaint; or

the person has received a response within that period but considers that response to be inadequate;

the transmission of so much of a datacasting service as consists of an Internet carriage service; or

the transmission of ordinary electronic mail.

the complaint is frivolous or vexatious or was not made in good faith; or

in the case of a complaint referred to in subclause 36(1)—the complaint does not relate to:

an offence against this Act or the regulations; or

a breach of a condition of a licence.

the Australian Broadcasting Corporation applies for a datacasting licence; and

the licence is allocated to the Australian Broadcasting Corporation;

the Special Broadcasting Service Corporation applies for a datacasting licence; and

the licence is allocated to the Special Broadcasting Service Corporation;

a datacasting licence that authorises the provision of a datacasting service;

a datacasting transmitter licence for a radiocommunications transmitter that is for use for transmitting the datacasting service.

a datacasting licence that authorises the provision of a datacasting service; and

a datacasting transmitter licence for a transmitter that is intended for use for transmitting the datacasting service;

the application fee determined in writing by the ABA; and

the consent of the licensee of the datacasting licence.

in writing; and

in accordance with a form approved in writing by the ABA.

the licensee of the datacasting transmitter licence will transmit the datacasting service on behalf of the licensee of the datacasting licence; and

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.

the applicant; and

the licensee of the datacasting licence.

the applicant; and

the licensee of the datacasting licence.

a nominated datacaster declaration is in force; and

the licensee of the datacasting transmitter licence transmits the datacasting service on behalf of the licensee of the datacasting licence;

(c) for the purposes of the Radiocommunications Act 1992, the licensee of the datacasting licence is taken not to operate the radiocommunications transmitter for any purpose in connection with that transmission; and

for the purposes of this Act:

the licensee of the datacasting licence is taken to provide the datacasting service; and

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 or clause 60 of this Schedule) 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:

is taken to be content transmitted by the licensee of the datacasting licence; and

is not taken to be content transmitted by the licensee of the datacasting transmitter licence.

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

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.

the licensee of the datacasting transmitter licence; or

the licensee of the datacasting licence;

the licensee of the datacasting transmitter licence; and

the licensee of the datacasting licence.

given the licensee of the datacasting transmitter licence a written notice:

setting out a proposal to revoke the declaration; and

inviting the licensee to make a submission to the ABA on the proposal; and

given the licensee of the datacasting licence a written notice:

setting out a proposal to revoke the declaration; and

inviting the licensee to make a submission to the ABA on the proposal; and

considered any submission that was received under paragraph (a) or (b) within the time limit specified in the notice concerned.

prevented from giving a notice under subclause (2); or

subject to any restriction in relation to the giving of a notice under subclause (2).

intentionally provides a datacasting service; and

does not have a datacasting licence to provide the service.

a person has been given a notice under subclause (1); and

the person intentionally engages in conduct; and

the person’s conduct contravenes a requirement in the notice.

a licence allocated by the ABA under this Act (other than this Schedule); or

a class licence.

the person is a datacasting licensee; and

the person intentionally engages in conduct; and

the person’s conduct breaches a condition of the licence set out in clause 14, 16, 20B, 21 or 24.

a direction that the licensee implement effective administrative systems for monitoring compliance with a condition of the licence;

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.

a person has been given a notice under subclause (1); and

the person intentionally engages in conduct; and

the person’s conduct contravenes a requirement in the notice.

fails to comply with a notice under clause 53; or

breaches a condition of the licence;

suspend the licence for such period, not exceeding 3 months, as is specified in the notice; or

cancel the licence.

the licensee; or

a related body corporate of the licensee;

the licensee; or

a related body corporate of the licensee;

written notice of its intention; and

a reasonable opportunity to make representations to the ABA in relation to the proposed action.

restraining the person from engaging in the conduct; and

if, in the court’s opinion, it is desirable to do so—requiring the person to do something.

restraining the person from engaging in the conduct; and

if, in the court’s opinion, it is desirable to do so—requiring the person to do something.

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

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);

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

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.

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

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 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.

a decision under clause 26 to impose or vary a condition of a datacasting licence; or

a decision to give a direction under clause 53 (which deals with remedial directions); or

a decision to suspend or cancel a datacasting licence under clause 54.

the order has the effect of suspending the operation of the eligible decision for more than 3 months; or

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.

the order has the effect of staying particular proceedings under the eligible decision for more than 3 months; or

the order and any previous order or orders made under the paragraph concerned have the combined effect of staying particular proceedings under the eligible decision for more than 3 months.

(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

an order could be made staying, or otherwise affecting the operation or implementation of, the eligible decision pending the finalisation of the application;

the order has the effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months; or

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.

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;

the order has the effect of staying, or otherwise affecting the operation or implementation of, the eligible decision for more than 3 months; or

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.

a statement setting out the reasons for the decision; and

a statement to the effect that an application may be made to the Administrative Appeals Tribunal for a review of the decision.

that are to be observed by datacasting licensees in relation to the provision by the licensees of datacasting services; and

that are to be observed by holders of:

datacasting transmitter licences; and

designated broadcasting transmitter licences;

a datacasting transmitter licence; or

a designated broadcasting transmitter licence;

relates to the provision of one or more eligible datacasting services; and

allows a provider of an eligible datacasting service to determine whether an end-user is able to receive a particular eligible datacasting service.

a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or

a television broadcasting service transmitted in digital mode using the broadcasting services bands.

(a) the instrument was made under subsection 34(1) or (3) of the Broadcasting Services Act 1992; and

the instrument was in force immediately before the commencement of this item.

the same time as the commencement of Part 1 of this Schedule;

(b) the time when the provision is approved under clause 32 of Schedule 4 to the Broadcasting Services Act 1992.

those provisions are as valid, and are taken to have been as valid, as they would have been; and

anything done under those provisions (including the making or variation of a digital channel plan) is as valid, and is taken to have been as valid, as it would have been; and

anything done under a digital channel plan is as valid, and is taken to have been as valid, as it would have been;

been in force at the time the scheme was made; and

contained an additional subclause that authorised the scheme to provide that a digital channel plan may deal with the allotment of channels to national broadcasters.

those provisions are as valid, and are taken to have been as valid, as they would have been; and

anything done under those provisions (including the making, adoption or variation of a digital channel plan) is as valid, and is taken to have been as valid, as it would have been; and

anything done under a digital channel plan is as valid, and is taken to have been as valid, as it would have been;

(d) clause 22A of Schedule 4 to the Broadcasting Services Act 1992 had been in force at the time the scheme was made; and

(e) clause 7A of Schedule 4 to the Broadcasting Services Act 1992 had:

been in force at the time the commercial television conversion scheme was made; and

contained an additional subclause that authorised the commercial television conversion scheme to provide that a digital channel plan may deal with the allotment of channels to national broadcasters.

a transmitter licence issued under section 102 or 102A; or

an NBS transmitter licence; or

a prescribed transmitter licence.

is formed in Australia; and

has a share capital.

(a) the end of 12 months after the national broadcaster concerned was required, under a scheme in force under clause 19 of Schedule 4 to the Broadcasting Services Act 1992, to commence transmitting the broadcasting service concerned in SDTV digital mode in the coverage area;

(b) the first occasion on which a datacasting service (other than a test transmission in accordance with a determination under paragraph 34(1)(fa) of the Broadcasting Services Act 1992) was:

provided by another person under, and in accordance with the conditions of, a BSA datacasting licence; and

transmitted under a datacasting transmitter licence;

(a) the end of 12 months after the national broadcaster concerned was required, under a scheme in force under clause 19 of Schedule 4 to the Broadcasting Services Act 1992, to commence transmitting the broadcasting service concerned in SDTV digital mode in the coverage area;

(b) the first occasion on which a datacasting service (other than a test transmission in accordance with a determination under paragraph 34(1)(fa) of the Broadcasting Services Act 1992) was:

provided by another person under, and in accordance with the conditions of, a BSA datacasting licence; and

transmitted under a datacasting transmitter licence;

an NBS transmitter licence is or was issued to a particular national broadcaster; and

the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode using one or more channels;

an NBS transmitter licence is or was issued to a particular national broadcaster; and

the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode using one or more channels; and

the national broadcaster provides, or proposes to provide, another national television broadcasting service; and

the other service is a multi-channelled national television broadcasting service;

(a) a transmitter licence (the first transmitter licence) was issued under this section; and

(b) the first transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a particular commercial television broadcasting service (the first service) in accordance with a commercial television broadcasting licence held by a person (the first BSA licence); and

(c) another commercial television broadcasting licence (the additional BSA licence) is allocated to the person under section 38A or 38B of the Broadcasting Services Act 1992; and

the first BSA licence and the additional BSA licence relate to the same licence area (within the meaning of whichever of those sections is applicable); and

(e) the additional BSA licence authorises the provision of another commercial television broadcasting service (the additional service); and

(f) the first service and the additional service are the subject of an election under subclause 6(5A) of Schedule 4 to the Broadcasting Services Act 1992;

despite subsection (1), the ACA is not required to issue to the person a new transmitter licence in relation to the additional service; and

the first transmitter licence is taken to authorise the operation of the transmitter or transmitters concerned for transmitting the additional service in accordance with the additional BSA licence.

(a) the end of 12 months after the holder of the related licence was required, under a scheme in force under clause 6 of Schedule 4 to the Broadcasting Services Act 1992, to commence transmitting the broadcasting service concerned in SDTV digital mode in the licence area for the related licence;

(b) the first occasion on which a datacasting service (other than a test transmission in accordance with a determination under paragraph 34(1)(fa) of the Broadcasting Services Act 1992) was:

provided by another person under, and in accordance with the conditions of, a BSA datacasting licence; and

transmitted under a datacasting transmitter licence;

(a) a transmitter licence (the first transmitter licence) was issued under this section; and

(b) the first transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a particular commercial television broadcasting service (the first service) in accordance with a commercial television broadcasting licence held by a person (the first BSA licence); and

(c) another commercial television broadcasting licence (the additional BSA licence) is allocated to the person under section 38A or 38B of the Broadcasting Services Act 1992; and

the first BSA licence and the additional BSA licence relate to the same licence area (within the meaning of whichever of those sections is applicable); and

(e) the additional BSA licence authorises the provision of another commercial television broadcasting service (the additional service); and

(f) the first service and the additional service are the subject of an election under subclause 6(5A) of Schedule 4 to the Broadcasting Services Act 1992;

(a) the end of 12 months after the holder of the related licence was required, under a scheme in force under clause 6 of Schedule 4 to the Broadcasting Services Act 1992, to commence transmitting the broadcasting service concerned in SDTV digital mode in the licence area for the related licence;

(b) the first occasion on which a datacasting service (other than a test transmission in accordance with a determination under paragraph 34(1)(fa) of the Broadcasting Services Act 1992) was:

provided by another person under, and in accordance with the conditions of, a BSA datacasting licence; and

transmitted under a datacasting transmitter licence;

the applicant for a datacasting transmitter licence is a qualified company; and

the licence is not to be issued in accordance with a price-based allocation system determined under section 106;

an application for a datacasting transmitter licence is referred to the ABA under subsection (2); and

the ABA is satisfied that the issue of the licence would result in a breach of the BSA control rules;

an application for a datacasting transmitter licence is referred to the ABA under subsection (2); and

the ABA is satisfied that the issue of the licence would not result in a breach of the BSA control rules;

the ACA receives a notice from the ABA in relation to the application under subsection (3) or (4);

the end of 30 days after the application was referred to the ABA.

(a) Broadcasting Services Act 1992; orsection 54A or 56A of the

(b) clause 41 of Schedule 6 to the Broadcasting Services Act 1992.

(a) Broadcasting Services Act 1992; orsection 54A or 56A of the

(b) clause 41 of Schedule 6 to the Broadcasting Services Act 1992.

a condition that the licensee must comply with this Act;

a condition that the licensee meet all obligations (if any) of the licensee to pay:

(i) charges fixed by determinations under Australian Communications Authority Act 1997; andsection 53 of the

amounts of apparatus licence tax;

a condition that the licensee inform each person authorised by the licensee to operate a radiocommunications transmitter under the licence of the person’s obligations to comply with this Act and the conditions of the licence;

a condition that the licensee, and any person so authorised, must not operate, or permit operation of, the transmitter except on a frequency or frequencies, or on a frequency channel, and at a constancy, specified in the licence;

a condition that the licensee, and any person so authorised, must not operate, or permit operation of, such a transmitter except within:

(i) a part of the spectrum covered by a determination under subsection 34(3) of the Broadcasting Services Act 1992; or

(ii) a part of the spectrum covered by a determination under subsection 34(1) of the Broadcasting Services Act 1992 because of paragraph 34(1)(fa) of that Act;

(f) a condition that the licensee, and any person so authorised, must comply with guidelines developed by the ABA under Broadcasting Services Act 1992;section 33 of the

(fa) a condition that the licensee, and any person so authorised, must comply with any regulations made for the purposes of clause 36B of Schedule 4 to the Broadcasting Services Act 1992;

a condition that the licensee, or a person so authorised, will commence to transmit a datacasting service within 1 year after the allocation of the licence or within such longer period as is notified in writing by the ABA;

a condition that the licensee, or any person so authorised, will transmit a datacasting service during the whole or a part of each day in the period:

beginning on the commencement referred to in paragraph (g); and

ending immediately before 1 January 2007;

180 days; or

if the ABA, by writing, notifies a greater number of days—that greater number of days;

a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter before 1 January 2007 for transmitting a datacasting service unless there is in force a BSA datacasting licence authorising the provision of that service;

a condition that the licensee, and any person so authorised, must not operate, or permit the operation of, such a transmitter on or after 1 January 2007 for transmitting a datacasting service unless:

(i) there is in force a BSA datacasting licence, or another licence allocated by the ABA under the Broadcasting Services Act 1992, authorising the provision of that service; or

(ii) that service is provided in accordance with a class licence under the Broadcasting Services Act 1992;

a condition that the licensee, and any person so authorised, will at all times have a constitution;

such other conditions as are specified in the licence.

(a) a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of the Broadcasting Services Act 1992; and

(b) the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of the Broadcasting Services Act 1992 continuing; and

a person who becomes the holder of shares in the licensee is required to provide to the licensee a statutory declaration:

stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares; and

stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of a commercial television broadcasting licence, and giving particulars of any such position; and

(d) a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to the person’s eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of the Broadcasting Services Act 1992; and

the licensee may secure the disposal of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in paragraph (c) or (d).

(a) a person is not eligible to continue to be the holder of shares in the company if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of the Broadcasting Services Act 1992; and

(b) the company may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of the Broadcasting Services Act 1992 continuing; and

a person who becomes the holder of shares in the company is required to provide to the company a statutory declaration:

stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares; and

stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of a commercial television broadcasting licence, and giving particulars of any such position; and

(d) a person holding shares in the company may be required by the company, from time to time, to provide to the company statutory declarations concerning matters relevant to the person’s eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of the Broadcasting Services Act 1992; and

the company may secure the disposal of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in paragraph (c) or (d).

the licence is a datacasting transmitter licence; and

the person is not a qualified company.

the licence is a datacasting transmitter licence; and

the licensee did not, at least 30 days before the authorisation took place, give to the ABA a written notice stating the licensee’s intention to authorise the person.

the ABA receives a notice of intention under subsection (3B); and

the ABA is satisfied that the authorisation would result in a breach of the BSA control rules;