Commonwealth: Broadcasting Services Act 1992 (Cth)

Broadcasting Services Act 1992 No. 110, 1992 Compilation No. 112 Compilation date: 17 December 2024 Includes amendments: Act No. 62, 2024 This compilation is in 2 volumes Volume 1: sections 1–218 Volume 2: Schedules 1, 2, 4 and 6–8 Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Broadcasting Services Act 1992 that shows the text of the law as amended and in force on 17 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of this Act 4 Regulatory policy 5 Role of the ACMA 6 Interpretation 7 Interpretation—meaning of control 8 Interpretation—shareholding interests, voting interests, dividend interests and winding‑up interests 8A Captioning taken to be part of program 8AA Designated community radio broadcasting licence 8AB Digital program enhancement content taken to be a radio program 8AC Digital radio start‑up day 8AD Deemed radio broadcasting licence areas 8AE Local content exemption period—regional commercial radio broadcasting licensee 8AF Regional racing service radio licence 8B Remote Indigenous community 9 Act to bind the Crown 10 Extension of Act to the external Territories 10A Application of the Criminal Code Part 2—Categories of broadcasting services 11 Categories of broadcasting services 11A Dual categorisation of international broadcasting services 12 Method of regulating particular services 13 National broadcasting services 14 Commercial broadcasting services 15 Community broadcasting services 16 Subscription broadcasting services 17 Subscription narrowcasting services 18 Open narrowcasting services 18A International broadcasting services 19 ACMA may determine additional criteria or clarify existing criteria 21 Requests to ACMA to decide which category a broadcasting service falls into 22 Matters to be considered by ACMA Part 3—Planning of the broadcasting services bands 23 Planning criteria 26 Preparation of licence area plans 26AA Compliance with television licence area plan 26C Licence area plans not required to deal with certain digital radio broadcasting services 26D Licence area plans—how digital radio broadcasting services may be dealt with 29 Designation of licence areas 30 ACMA may determine population figures 31 Minister may reserve capacity for national broadcasters or community broadcasters 33 Development of technical planning guidelines 34 Alternative uses of broadcasting services bands Part 4—Commercial television broadcasting licences and commercial radio broadcasting licences Division 1—Allocation of licences 36 ACMA to determine system for allocating licences 36A Commercial radio broadcasting licences to provide analog or digital commercial radio broadcasting services 37 When licences must not be allocated 37A Limitation on number of commercial television broadcasting licences 38 ACMA to advertise for applications for certain licences 38A Additional commercial television licences in single markets 38B Additional commercial television licences in 2‑station markets 38C Commercial television broadcasting licences—services provided with the use of a satellite 39 Additional commercial radio licences in single markets 40 Allocation of other licences 41 When persons are regarded as suitable Division 2—Services authorised by licences 41C Services authorised by commercial television broadcasting licences 41CA Services authorised by commercial television broadcasting licences allocated under section 38C 41D Services authorised by commercial radio broadcasting licences Division 3—Licence conditions 42 Conditions of commercial broadcasting licences 43 ACMA may impose additional conditions 43AA Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees 43AB Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees 43AC Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees 43AD Compensation for acquisition of property 43B Local presence—regional commercial radio broadcasting licences 43C Local content—regional commercial radio broadcasting licences 43D Special licence conditions relating to digital radio commercial broadcasting services 44 Matters to which conditions may relate Division 4—General provisions 45 Duration of licences 46 Applications for renewal 47 ACMA to renew licences unless it is aware of special circumstances 48 Transfer of commercial broadcasting licences 49 Surrender of commercial broadcasting licences Part 5—Control of commercial broadcasting licences Division 1—Preliminary 50A This Part does not apply in relation to licences allocated under section 38C or subsection 40(1) 50 Interpretation—knowledge of company 51 Means of dealing with overlapping licence areas 52 Changes in licence area populations not to put persons in breach of this Part 52A Newspapers—additional constitutional basis Division 2—Limitation on control 53 Limitation on control of commercial television broadcasting licences 54 Limitation on control of commercial radio broadcasting licences Division 3—Limitation on directorships 55 Limitation on numbers of directorships—television 56 Limitation on numbers of directorships—radio Division 5—Newspapers associated with licence areas 59 Newspapers associated with commercial television or radio broadcasting licence areas Division 5A—Media diversity Subdivision A—Introduction 61AA Definitions 61AB Unacceptable media diversity situation 61AC Points 61AD Statutory control rules 61AE Shared content test 61AF Overlapping licence areas Subdivision B—Prohibition of transactions that result in an unacceptable media diversity situation coming into existence etc. 61AG Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—offence 61AH Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—civil penalty 61AJ Prior approval of transactions that result in an unacceptable media diversity situation coming into existence etc. 61AK Extension of time for compliance with prior approval notice 61AL Breach of prior approval notice—offence 61AM Breach of prior approval notice—civil penalty Subdivision C—Remedial directions 61AN Remedial directions—unacceptable media diversity situation 61AP Extension of time for compliance with remedial direction 61AQ Breach of remedial direction—offence 61AR Breach of remedial direction—civil penalty Subdivision D—Enforceable undertakings 61AS Acceptance of undertakings 61AT Enforcement of undertakings Subdivision E—Register of Controlled Media Groups 61AU Register of Controlled Media Groups 61AV How a media group is to be entered in the Register 61AW Explanatory notes may be included in the Register 61AX Continuity of media group 61AY Initial registration of media groups 61AZ Registration of newly‑formed media group 61AZA De‑registration of media group that has ceased to exist 61AZB Registration of change of controller of registered media group 61AZC Registration of change of composition of media group 61AZCA ACMA must deal with notifications in order of receipt 61AZD Conditional transactions 61AZE Review and confirmation of entries and alterations etc. 61AZF Reconsideration of decisions 61AZG Corrections of clerical errors or obvious defects 61AZH Regulations Division 5B—Disclosure of cross‑media relationships 61BA Definitions 61BB Disclosure of cross‑media relationship by commercial television broadcasting licensee 61BC Choice of disclosure method—commercial radio broadcasting licensee 61BD Disclosure of cross‑media relationship by commercial radio broadcasting licensee—business affairs disclosure method 61BE Disclosure of cross‑media relationship by commercial radio broadcasting licensee—regular disclosure method 61BF Disclosure of cross‑media relationship by publisher of newspaper 61BG Exception—political communication 61BH Matter or material about the business affairs of a broadcasting licensee or newspaper publisher Division 5C—Local news and information requirements for regional commercial radio broadcasting licensees Subdivision A—Introduction 61CA Definitions 61CAA This Division does not apply in relation to certain licences 61CB Trigger event 61CC What is local? Subdivision B—Minimum service standards for local news and information 61CD Licensee must meet minimum service standards for local news and information 61CE Minimum service standards for local news and information Subdivision C—Local content statements 61CF Licensee must prepare and publish local content statements Subdivision CA—Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings 61CG Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings Subdivision CB—ACMA's information‑gathering powers 61CH ACMA's information‑gathering powers Subdivision D—Other local content requirements 61CR Minister may direct the ACMA to conduct an investigation about other local content requirements 61CS Minister may direct the ACMA to impose licence conditions relating to local content Division 5D—Local programming requirements for regional commercial television broadcasting licensees 61CU Definitions 61CV Trigger event 61CW Local programming requirements for regional aggregated commercial television broadcasting licensees 61CX Local programming requirements for regional non‑aggregated commercial television broadcasting licensees 61CY Points system 61CYA Modifications relating to designated Western Australian commercial television broadcasting licences 61CYB When designated Western Australian commercial television broadcasting licences are under common control 61CZ Local programming determination 61CZA Record‑keeping requirements 61CZB Licensee must submit compliance reports 61CZC Review of local programming requirements 61CZD Minister may direct the ACMA about the exercise of its powers Division 6—Notification provisions 63 Requirement to notify changes in control 65A Strict liability offence 65B Designated infringement notice provision Division 7—Approval of temporary breaches 66 Offence for breaches without approval 67 Applications for prior approval of temporary breaches 68 Extension of time for compliance with notice 69 Breach of notice under section 67 to constitute an offence Division 8—Action by the ACMA 70 Notices by the ACMA 71 Extension of time for compliance with notice 72 Breach of notice under section 70 to constitute an offence Division 9—Special provision for small markets 73 Additional licence under section 38A not to result in breach of ownership limits 73A Additional licence allocated under section 38B not to result in breach of control rules Division 10—Prior opinions by the ACMA 74 Requests to ACMA to give an opinion on whether a person is in a position to control a licence, a newspaper or a company Division 10A—Register of Foreign Owners of Media Assets Subdivision A—Introduction 74A Simplified outline of this Division 74B Definitions 74C Foreign stakeholder Subdivision B—Register of Foreign Owners of Media Assets 74D Register of Foreign Owners of Media Assets 74E Information to be set out in the Register of Foreign Owners of Media Assets Subdivision C—Notification 74F Notification by a person who becomes a foreign stakeholder in an Australian media company 74G Notification by a person who ceases to be a foreign stakeholder in an Australian media company 74H Notification by a person who is a foreign stakeholder in an Australian media company at the end of a financial year 74J Notification by a person who is a foreign stakeholder in an Australian media company at the commencement of this Division 74K Notification by a person who is a foreign stakeholder in an Australian media company—requirement by the ACMA 74L Requirement for executors, administrators and liquidators to give notification 74M Person may give the ACMA relevant information Subdivision D—Miscellaneous 74N Minister may direct the ACMA about the performance of its functions or the exercise of its powers 74P Service of summons, process or notice on corporations incorporated outside Australia 74Q Extra‑territorial application 74R Annual report 74S Part 13 not limited 74T Liability for damages 74U Review of this Division etc. Division 11—Miscellaneous 75 Register of matters under this Part 76 Continuing offences 77 Part has effect notwithstanding Competition and Consumer Act 78 Part not to invalidate appointments Part 6—Community broadcasting licences 79 Interpretation 79A Application 80 Allocation of BSB community broadcasting licences 81 When licences must not be allocated 82 Other community broadcasting licences 83 When persons are regarded as suitable 84 Allocation of community broadcasting licences 84A Designated community radio broadcasting licences to provide analog or digital services 85 ACMA not required to allocate community broadcasting licence to any applicant 85A Services authorised by designated community radio broadcasting licences 86 Conditions of community broadcasting licences 87 ACMA may impose additional conditions on community broadcasting licences 87A Additional conditions on CTV licences 87B Special licence condition relating to digital community radio broadcasting services 88 Matters to which conditions may relate 89 Duration of community broadcasting licences 90 Applications for renewal of community broadcasting licences 91 ACMA may renew community broadcasting licences 91A Transfer of community broadcasting licences 92 Surrender of community broadcasting licences Part 6A—Temporary community broadcasting licences 92A Interpretation 92B Temporary community broadcasting licences 92C Applicants for temporary community broadcasting licences 92D When applicants and licensees are regarded as suitable 92E Criteria for deciding whether to allocate a licence 92F Licences to accord with alternative planning procedures 92G Licence area, timing conditions and licence period 92H Conditions of temporary community broadcasting licences 92J ACMA may vary conditions or periods, or impose new conditions 92K Duration of temporary community broadcasting licences 92L Surrender of temporary community broadcasting licences Part 7—Subscription television broadcasting services Division 1—Allocation of subscription television broadcasting licences 95 When subscription television broadcasting licence must not be allocated 96 Allocation of other subscription television broadcasting licences 97 Requests to Australian Competition and Consumer Commission 98 Suitability for allocation of licence 98D Compensation Division 2—Conditions of subscription television broadcasting licence 99 Conditions applicable to subscription television broadcasting licence 100 Matters to which conditions may relate Division 2A—Eligible drama expenditure Subdivision A—Introduction 103A Simplified outline 103B Definitions 103C Channel providers 103D Part‑channel providers 103E Pass‑through providers 103F Part‑pass‑through providers 103G Supply of channel or package 103H Non‑designated pre‑production expenditure not to be counted unless principal photography has commenced 103J Cash‑based accounting—when expenditure is incurred 103JA When designated script development expenditure is incurred in relation to an eligible drama program etc. 103K When expenditure incurred on a new eligible drama program 103L ACMA may make determinations about what constitutes program expenditure 103M Expenditure to be nominated only once in meeting licence conditions Subdivision B—Channel provider supplies channel 103N 10% minimum eligible drama expenditure—channel provider supplies channel 103NA Carry‑forward eligible drama expenditure 103P Shortfall of eligible drama expenditure—channel provider supplies channel exclusively to licensee 103Q Shortfall of eligible drama expenditure—channel provider supplies channel to multiple licensees Subdivision C—Pass‑through provider supplies channel 103R 10% minimum eligible drama expenditure—pass‑through provider supplies channel 103RA Carry‑forward eligible drama expenditure 103S Shortfall of eligible drama expenditure—pass‑through provider supplies channel Subdivision D—Licensee supplies all program material 103T 10% minimum eligible drama expenditure—licensee supplies all program material 103TA Carry‑forward eligible drama expenditure Subdivision E—Part‑channel provider supplies package of programs 103U 10% minimum eligible drama expenditure—part‑channel provider supplies package of programs 103UA Carry‑forward eligible drama expenditure 103V Shortfall of eligible drama expenditure—part‑channel provider supplies a package of programs exclusively to licensee 103W Shortfall of eligible drama expenditure—part‑channel provider supplies a package of programs to multiple licensees Subdivision F—Part‑pass‑through provider supplies package of programs 103X 10% minimum eligible drama expenditure—part‑pass‑through provider supplies package of programs 103XA Carry‑forward eligible drama expenditure 103Y Shortfall of eligible drama expenditure—part‑pass‑through provider supplies package of programs Subdivision G—Licensee supplies part of program material 103Z 10% minimum eligible drama expenditure—licensee supplies part of program material 103ZAA Carry‑forward eligible drama expenditure Subdivision H—Annual returns 103ZA Licensee to lodge annual return 103ZB Channel provider and part‑channel provider to lodge annual return 103ZC ACMA may inquire into the correctness of an annual return 103ZD Nominations to be attached to annual returns Subdivision J—Miscellaneous 103ZG Anti‑avoidance—transactions between persons not at arm's length 103ZH Expenditure to be expressed in Australian currency Division 6—Miscellaneous 113 Transfer of subscription television broadcasting licence 114 Surrender of subscription television broadcasting licence 116 Certain arrangements not to result in control or in persons being associates 116A Use of additional capacity 116B Application of section 51 of the Competition and Consumer Act Part 8—Subscription broadcasting and narrowcasting class licences 117 Determination of class licences 118 Conditions of class licences 119 Matters to which conditions may relate 120 Variation of class licences Part 8A—Restrictions on subscription television broadcasting services in regional areas etc. 121A Simplified outline 121B Definitions 121C Identical program items 121D Continuity of program items 121E ACMA permission is required to provide certain television services in regional areas Part 8B—International broadcasting licences Division 1—Introduction 121F Simplified outline 121FAA Definitions Division 2—Allocation of international broadcasting licences 121FA Application for international broadcasting licence 121FB Corporate status and suitability 121FC Unsuitable applicant 121FD Australia's national interest 121FE Allocation of licence Division 3—Obligations of international broadcasting licensees 121FF Conditions of international broadcasting licences Division 4—Remedies 121FG Prohibition on providing an international broadcasting service without a licence 121FH Remedial directions—unlicensed international broadcasting services 121FHA Breach of remedial direction—offence 121FHB Breach of remedial direction—civil penalty provision 121FJ Offence for breach of conditions of international broadcasting licence 121FJA Civil penalty provision relating to breach of conditions of international broadcasting licences 121FJB Remedial directions—licence conditions 121FJC Breach of remedial direction—offence 121FJD Breach of remedial direction—civil penalty provision 121FK Cancellation of licence if service does not commence within 2 years 121FL Formal warning, or cancellation or suspension of licence, where service is contrary to Australia's national interest Division 4A—Nominated broadcaster declarations 121FLA Object of this Division 121FLB Applications for nominated broadcaster declarations 121FLC Making a nominated broadcaster declaration 121FLD Effect of nominated broadcaster declaration 121FLE Conditions of nominated broadcaster declarations 121FLF Offence for breach of conditions of nominated broadcaster declaration 121FLG Revocation of nominated broadcaster declaration 121FLH Cancellation of licence if declaration ceases to be in force and licensee is not an Australian company 121FLJ Register of nominated broadcaster declarations Division 5—ACMA to assist the Minister for Foreign Affairs 121FM Report about compliance with international broadcasting guidelines 121FN Records of broadcasts Division 6—Miscellaneous 121FP International broadcasting guidelines 121FQ Surrender of international broadcasting licences 121FR Complaints about international broadcasting services 121FS Statements about decisions of the Minister for Foreign Affairs Part 9—Content rules, program standards and codes of practice 121G Australian content—transmission quota 121H Australian content: transmission quota for regional/remote commercial television broadcasting licensees 122 Program standards for children's programs and Australian content 123 Development of codes of practice 123B Review by the ACMA—application of code of practice to section 38C licences 124 ACMA to maintain Register of codes of practice 125 ACMA may determine program standards where codes of practice fail or where no code of practice developed 125A ACMA must determine a gambling promotion program standard if directed by the Minister 126 Consultation on standards 127 Notification of determination or variation or revocation of standards 128 Standards and codes to be amendable by the Parliament 129 Limitation of ACMA's power in relation to standards 130 Application of the Competition and Consumer Act Part 9A—Technical standards 130A Technical standards for digital transmission—television etc. 130AA Technical standards for digital transmission—radio etc. 130AB Technical standards relating to the operation of multiplex transmitters 130AC Technical standards for digital transmission of television services provided with the use of a satellite 130B Technical standards for domestic digital reception equipment—television etc. 130BA Technical standards for domestic digital reception equipment—radio etc. 130BB Technical standards for domestic digital reception equipment—television services provided with the use of a satellite Part 9B—Industry codes and industry standards Division 1—Simplified outline 130C Simplified outline Division 2—Interpretation 130D Industry codes 130E Industry standards 130F Industry activities 130G Sections of the industry 130H Participants in a section of the industry Division 3—General principles relating to industry codes and industry standards 130J Statement of regulatory policy 130K Examples of matters that may be dealt with by industry codes and industry standards 130L Industry codes and industry standards not to deal with certain matters Division 4—Industry codes 130M Registration of industry codes 130N ACMA may request codes 130P Publication of notice where no body or association represents a section of the industry 130Q Replacement of industry codes Division 5—Industry standards 130R ACMA may determine an industry standard if a request for an industry code is not complied with 130S ACMA may determine industry standard where no industry body or association formed 130T ACMA may determine industry standards—total failure of industry codes 130U ACMA may determine industry standards—partial failure of industry codes 130V Compliance with industry standards 130W Formal warnings—breach of industry standards 130X Variation of industry standards 130Y Revocation of industry standards Division 6—Register of industry codes and industry standards 130ZA ACMA to maintain Register of industry codes and industry standards Part 9C—Access to commercial television broadcasting services provided with the use of a satellite 130ZBA Simplified outline 130ZB Objectives of conditional access scheme—South Eastern Australia TV3 licence area and Northern Australia TV3 licence area 130ZBB Objectives of conditional access scheme—Western Australia TV3 licence area 130ZC Registration of conditional access scheme developed by representative body or association 130ZCAA ACMA may invite representative body or association to develop a revised conditional access scheme 130ZCAB ACMA may request development of replacement conditional access scheme 130ZCA Registration of conditional access scheme formulated by the ACMA 130ZD Replacement of conditional access scheme 130ZE ACMA to maintain register of conditional access schemes 130ZF ACMA may direct a scheme administrator to issue a reception certificate etc. 130ZFA Adequate reception 130ZG Applicable terrestrial digital commercial television broadcasting services 130ZH Declared service‑deficient areas Part 9D—Captioning Division 1—Introduction 130ZJ Simplified outline 130ZK Definitions 130ZKA Definition of channel provider 130ZKB Definition of part‑channel provider 130ZKC Supply of channel or package 130ZL Designated viewing hours 130ZM This Part does not apply to foreign language programs 130ZN This Part does not apply to programs that consist wholly of music 130ZO Captioning service provided for part of program 130ZP Multiple subscription television services provided by licensee 130ZQ Television service provided in a period Division 2—Captioning obligations of commercial television broadcasting licensees and national broadcasters 130ZR Captioning obligations—basic rule 130ZS Captioning obligations—special rules for multi‑channelled services 130ZUA Exemption orders and target reduction orders—unjustifiable hardship 130ZUAA Effect of target reduction order 130ZUB Certain breaches to be disregarded Division 3—Captioning obligations of subscription television licensees 130ZV Annual captioning targets—subscription television licensees 130ZVA Categories for subscription television movie services 130ZW Categories for subscription television general entertainment services 130ZX Exemptions—certain subscription television services provided before 1 July 2022 130ZY Exemption orders and target reduction orders—unjustifiable hardship 130ZYA Effect of target reduction order 130ZZ Captioning services for repeats of television programs 130ZZAA Captioning services for simultaneously transmitted television programs 130ZZAB Certain breaches to be disregarded Division 4—Captioning standards 130ZZA Captioning standards Division 5—Emergency warnings 130ZZB Emergency warnings Division 6—Reports and record‑keeping 130ZZC Annual compliance reports 130ZZD Record‑keeping Division 7—Review of this Part etc. 130ZZE Review of this Part etc. Part 9E—Prominence framework Division 1—Introduction 130ZZF Simplified outline of this Part 130ZZG Objects 130ZZH Definitions 130ZZI Regulated television devices 130ZZJ Regulated television services 130ZZK Broadcasting video on demand service 130ZZL Primary user interface 130ZZM ACMA may make guidelines about regulated television devices Division 2—Minimum prominence requirements 130ZZN Regulated television devices must comply with minimum prominence requirements 130ZZO Regulations may prescribe minimum prominence requirements 130ZZP Remedial directions—contravention of minimum prominence requirements Division 3—Information gathering 130ZZQ ACMA may obtain information and documents 130ZZR Copies of documents Division 4—Miscellaneous 130ZZS Service of notices by electronic means 130ZZT Relationship with other laws 130ZZU Concurrent operation of State and Territory laws Division 5—Review of this Part etc. 130ZZV Review of this Part 130ZZW Minister may request report 130ZZX Minister may direct ACMA about the exercise of its powers Part 10—Remedies for breaches of licensing provisions Division 1—Offences for providing unlicensed services 131 Prohibition on providing a commercial television broadcasting service without a licence 132 Prohibition on providing a subscription television broadcasting service without a licence 133 Prohibition on providing a commercial radio broadcasting service without a licence 134 Prohibition on providing a community television broadcasting service without a licence 135 Prohibition on providing a community radio broadcasting service without a licence 136 Continuing offences Division 1A—Civil penalty provisions relating to unlicensed services 136A Prohibition on providing a commercial television broadcasting service without a licence 136B Prohibition on providing a subscription television broadcasting service without a licence 136C Prohibition on providing a commercial radio broadcasting service without a licence 136D Prohibition on providing a community television broadcasting service without a licence 136E Prohibition on providing a community radio broadcasting service without a licence 136F Continuing breaches Division 2—Action by ACMA where a person provides a service without a licence 137 Remedial directions—unlicensed services 138 Breach of remedial direction—offences 138A Breach of remedial direction—civil penalty provision Division 3—Action in relation to breaches by licensees 139 Offence for breach of conditions of licences and class licences 140 Continuing offences 140A Civil penalty provisions relating to breach of conditions of licences and class licences 141 Remedial directions—licence conditions, class licences and codes of practice 142 Breach of remedial direction—offences 142A Breach of remedial direction—civil penalty provision 143 Suspension and cancellation Division 4—Action in relation to class licences 144 Application to Federal Court Part 10A—Anti‑hoarding rules Division 1—Introduction 146A Simplified outline 146B Definitions 146C Designated events and designated series of events 146CA When event or series is eligible for delayed televising in the Central‑Western time zones 146D Program suppliers Division 2—Commercial television broadcasting licensees 146E Anti‑hoarding rule—licensees 146F Anti‑hoarding rule—program suppliers 146G What constitutes an offer to transfer rights to televise live events 146H Offers to transfer rights to televise live events 146J Contracts to acquire rights to televise live events must authorise the transfer of the rights 146K Simultaneous events in a series 146KA Delayed televising in the Central‑Western time zones Division 3—National broadcasters 146L Anti‑hoarding rule 146M What constitutes an offer to transfer rights to televise live events 146N Offers to transfer rights to televise live events 146P Contracts to acquire rights to televise live events must authorise the transfer of the rights 146Q Simultaneous events in a series 146R Delayed televising in the Central‑Western time zones Part 10B—Anti‑siphoning scheme Division 1—Introduction 146S Simplified outline 146T Definitions 146U Media content service Division 2—Anti‑siphoning rules 146V Minister may protect the free availability of certain types of programs 146W Events in anti‑siphoning list should be televised for free 146X Extraterritorial application 146Y Remedial directions Division 3—Information gathering 146Z ACMA may obtain information and documents 146ZA Copies of documents Division 4—Review of this Part 146ZB Review of this Part 146ZC Minister may request report Part 11—Complaints to the ACMA Division 1—Complaints relating to action under licences and class licences 147 Complaints relating to offences or breach of licence conditions 148 Complaints under codes of practice 149 Investigation of complaints by the ACMA Division 1A—Complaints relating to anti‑siphoning 149A Complaints relating to anti‑siphoning 149B Investigation of complaints by the ACMA Division 2—Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS 150 Complaints relating to national broadcasting services or datacasting services provided by the ABC or SBS 151 Investigation of complaints relating to the ABC or SBS by the ACMA 152 Action by ACMA where complaint justified 153 ACMA may report to Minister on results of recommendation Part 13—Information gathering by the ACMA Division 1—Introduction 168 Obtaining of information by the ACMA 169 Decision‑making by the ACMA not limited to matters discovered by investigation or hearing Division 2—Investigations 170 Investigations by the ACMA 171 Minister may direct ACMA to conduct an investigation 172 ACMA may call for written submissions from the public 173 Notice requiring appearance for examination 174 Examination on oath or affirmation 175 Examination to take place in private 176 Record to be made of examination 177 Production of documents for inspection 178 Report on investigation 179 Publication of report 180 Person adversely affected by report to be given opportunity to comment Division 3—Hearings 182 Power to hold hearings 183 Minister may direct ACMA to hold a hearing 184 Procedure for conduct of hearings 185 ACMA may direct holding of conference 186 Hearings to be informal, quick and economical 187 Hearings to be in public except in exceptional cases 188 Public notice of hearings 189 Confidential material not to be published 190 Directions as to private hearings 191 Constitution of ACMA for conduct of hearings 192 Presiding member 193 Reconstitution of hearing panel 194 Exercise of powers in relation to conduct of hearing 195 Summons to give evidence or produce documents 196 Written submissions may be made to hearing 197 Evidence and submissions to be taken into account by ACMA 198 Representation at hearings 199 Reports on hearings Division 4—General 200 Protection of members and persons giving evidence 201 Protection of panel conducting hearing 202 Non‑compliance with requirement to give evidence 203 Proceedings for defamation not to lie Part 14—Appeals to the Administrative Review Tribunal 204 Appeals to the Administrative Review Tribunal 205 Notification of decisions to include notification of reasons and appeal rights Part 14AA—Collection and recovery of interim tax 205AA Simplified outline of this Part 205AB Assessments 205AC When interim tax becomes due and payable 205AD Recovery of interim tax 205AE Refund of overpayment of interim tax 205AF Late payment penalty 205AG Anti‑avoidance Part 14B—Civil penalties Division 1—Ancillary contravention of civil penalty provision 205E Ancillary contravention of civil penalty provision Division 2—Civil penalty orders 205EA Simplified outline 205F Civil penalty orders 205G Who may apply for a civil penalty order 205H 2 or more proceedings may be heard together 205J Time limit for application for an order 205K Civil evidence and procedure rules for civil penalty orders 205L Civil proceedings after criminal proceedings 205M Criminal proceedings during civil proceedings 205N Criminal proceedings after civil proceedings 205P Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings 205PAA Mistake of fact Part 14C—Injunctions 205PA Simplified outline 205Q Injunctions 205R Interim injunctions 205S Discharge etc. of injunctions 205T Certain limits on granting injunctions not to apply 205U Other powers of the Federal Court unaffected Part 14D—Enforceable undertakings 205V Simplified outline 205W Acceptance of undertakings 205X Enforcement of undertakings Part 14E—Infringement notices 205XAA Simplified outline 205XA Formal warning 205Y When an infringement notice can be given 205Z Matters to be included in an infringement notice 205ZA Amount of penalty 205ZB Withdrawal of an infringement notice 205ZC What happens if the penalty is paid 205ZD Effect of this Part on criminal proceedings 205ZE Appointment of authorised infringement notice officer 205ZF Regulations Part 14F—Grants 205ZG Simplified outline of this Part 205ZH Grants 205ZJ Terms and conditions for grants 205ZK Advisory committee 205ZL Annual report 205ZM Short title of amending Act does not limit the powers conferred by this Part Part 15—Miscellaneous 206 Broadcasting or datacasting taken to be publication in permanent form 207 Amounts of fees 209 Prosecutions 210 Publication of opinions 211AA Time when a television program is broadcast—certain terrestrial licence areas 211A Time when a television program is broadcast—South Eastern Australia TV3 and Northern Australia TV3 licence areas 212 Special provisions for re‑transmission of programs 212A Self‑help providers 212B Declared self‑help providers and excluded providers 213 Penalties for continuing offences 214 Procedure relating to continuing offences 215 Guidelines relating to ACMA's enforcement powers etc. 216 Ministerial consultative and advisory bodies 216A Schedule 4 (digital television broadcasting) 216AA Review of taxation arrangements etc. 216C Schedule 6 (datacasting services) 216D Schedule 7 (content services) 216E Schedule 8 (online content services) 217 Regulations 218 Channel sharing An Act relating to broadcasting services, broadcasting video on demand services, datacasting services, online services and content services, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Broadcasting Services Act 1992. 2 Commencement (1) Section 1, this section, sections 3 and 6 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day to be fixed by Proclamation. (3) If those provisions do not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period. 3 Objects of this Act (1) The objects of this Act are: (a) to promote the availability to audiences throughout Australia of a diverse range of radio and television services offering entertainment, education and information; and (aa) to promote the availability to audiences and users throughout Australia of a diverse range of datacasting services; and (b) 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 (ba) 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 (c) to encourage diversity in control of the more influential broadcasting services; and (e) to promote the role of broadcasting services in developing and reflecting a sense of Australian identity, character and cultural diversity; and (ea) to promote the availability to audiences throughout Australia of television and radio programs about matters of local significance; and (eb) to promote the free availability to audiences throughout Australia of television coverage of events of national importance and cultural significance; and (f) to promote the provision of high quality and innovative programming by providers of broadcasting services; and (fa) to promote the provision of high quality and innovative content by providers of datacasting services; and (g) 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 (h) to encourage providers of broadcasting services to respect community standards in the provision of program material; and (ha) to promote access to certain broadcasting services and broadcasting video on demand services that are made available free to Australian audiences and users; and (hb) to ensure online content service providers respect community standards in relation to gambling promotional content; and (i) to encourage the provision of means for addressing complaints about broadcasting services; and (ia) to provide a means for addressing complaints about gambling promotional content provided on online content services; and (j) 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 (ja) to ensure that international broadcasting services are not provided contrary to Australia's national interest; and (n) 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. (2) In this section: broadcasting video on demand services has the same meaning as in Part 9E. gambling promotional content has the same meaning as in Schedule 8. online content service has the same meaning as in Schedule 8. online content service provider has the same meaning as in Schedule 8. 4 Regulatory policy (1) The Parliament intends that different levels of regulatory control be applied across the range of broadcasting services, broadcasting video on demand services, datacasting services and online content services according to the degree of influence that different types of broadcasting services, broadcasting video on demand services, datacasting services and online content services are able to exert in shaping community views in Australia. (2) The Parliament also intends that broadcasting services, broadcasting video on demand services and datacasting services in Australia be regulated in a manner that, in the opinion of the ACMA: (a) 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 (b) will readily accommodate technological change; and (c) encourages: (i) the development of broadcasting technologies, broadcasting video on demand technologies and datacasting technologies, and their application; and (ii) 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: (a) 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 (b) will readily accommodate technological change; and (c) encourages the provision of online content services to the Australian community; and (d) encourages the development of technologies relating to online content services. (3A) This section does not apply to Part 8B (which deals with international broadcasting services). (4) In this section: broadcasting video on demand service has the same meaning as in Part 9E. gambling promotional content has the same meaning as in Schedule 8. online content service has the same meaning as in Schedule 8. online content service provider has the same meaning as in Schedule 8. 5 Role of the ACMA (1) In order to achieve the objects of this Act in a way that is consistent with the regulatory policy referred to in section 4, the Parliament: (a) 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 (b) 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: (i) produce regulatory arrangements that are stable and predictable; and (ii) deal effectively with breaches of the rules established by this Act. (2) Where it is necessary for the ACMA to use any of the powers conferred on it by this Act to deal with a breach of this Act or the regulations, the Parliament intends that the ACMA use its powers, or a combination of its powers, in a manner that, in the opinion of the ACMA, is commensurate with the seriousness of the breach concerned. (3) This section does not, by implication, limit the functions and powers of: (b) the Australian Competition and Consumer Commission; or (c) any other body or person who has regulatory responsibilities in relation to the internet industry. (4) In this section: broadcasting video on demand service has the same meaning as in Part 9E. online content service has the same meaning as in Schedule 8. 6 Interpretation (1) In this Act, unless the contrary intention appears: ACMA means the Australian Communications and Media Authority. ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012. amount paid on shares, in relation to a company, includes an amount treated by the company as having been so paid. analog commercial radio broadcasting service means a commercial radio broadcasting service that is transmitted using an analog modulation technique. analog community radio broadcasting service means a community radio broadcasting service that is transmitted using an analog modulation technique. anti‑siphoning event means an event, or an event of a kind, that is specified in the anti‑siphoning list. For this purpose, disregard subsections 146V(2) and (4). associate, in relation to a person in relation to control of a licence or a newspaper, or control of a company in relation to a licence or a newspaper, means: (a) the person's spouse or a parent, child, brother or sister of the person; or (b) 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 (c) 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 (d) a person (whether a company or not) who: (i) acts, or is accustomed to act; or (ii) 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 (e) 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 (ii) 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. Note: See also subsection (3). associate member means an associate member of the ACMA. authorised infringement notice officer means: (a) the Chair of the ACMA; or (b) 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) a service (including a teletext service) that provides no more than data, or no more than text (with or without associated still images); or (b) a service that makes programs available on demand on a point‑to‑point basis, including a dial‑up service; or (c) 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: (a) 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 (b) 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: (a) in the case of a licence allocated under subsection 40(1)—a commercial radio broadcasting service; or (b) 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: (aa) 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 (a) in the case of a licence allocated under subsection 40(1)—a commercial television broadcasting service; or (b) 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) a community radio broadcasting licence; or (b) a community television broadcasting licence. community broadcasting service has the meaning given by section 15. community radio broadcasting licence means: (a) a licence under Part 6 to provide: (i) in the case of a licence allocated under subsection 82(1)—a community radio broadcasting service; or (ii) 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 (iii) in any other case—a community radio broadcasting service; or (b) 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: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (animated or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms; 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, in relation to a radio program, means content: (a) in the form of text; or (b) in the form of still visual images; or (c) if a form is specified in a legislative instrument made by the Minister—in that form; or (d) in any combination of the above forms; where: (e) the content is transmitted using a digital modulation technique; and (f) both the content and the radio program are intended to be received by the same reception equipment; and (g) if: (i) the reception equipment is capable of receiving both the content and the radio program; and (ii) 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, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. 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: (a) the Legislative Assembly for the Australian Capital Territory; or (b) the Legislative Assembly of the Northern Territory; or (c) 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: (a) an area designated by the ACMA under section 29, 40 or 92G; or (b) an area specified in column 1 of the table in subsection 38C(1). Note: See also section 8AD, which deals with deemed radio broadcasting licence areas. licence area plan means a licence area plan prepared under subsection 26(1) or (1B). licence area population, in relation to a licence area, 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) a parent, step‑parent, child, stepchild, grandparent, grandchild, brother or sister of the person; or (b) 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, in relation to a licence area part of which is within another licence 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: (a) the Parliament of the Commonwealth; or (b) a State Parliament; or (c) 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: (a) matter the primary purpose of which is to entertain, to educate or to inform an audience; or (b) 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) a licence area in which is situated the General Post Office of the capital city of any of the following States: (i) New South Wales; (ii) Victoria; (iii) Queensland; (iv) Western Australia; (v) South Australia; nor (b) 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: (a) section 123; or (c) clause 28 of Schedule 6. remote area service radio licence means a regional commercial radio broadcasting licence the licence area of which is: (a) Remote Commercial Radio Service Central Zone RA1; or (b) Remote Commercial Radio Service North East Zone RA1; or (c) 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: (a) 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 (b) in relation to a conditional access scheme for the Western Australia TV3 licence area—has the meaning given by subsection 130ZBB(9). shares, in relation to a company, 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: (a) is a broadcasting services bands licence; and (b) is allocated under Part 6A. transaction includes: (a) arrangements under which a person becomes a director of a company; and (b) the acquisition of things by gift or inheritance. transmitter licence has the same meaning as in the Radiocommunications Act 1992. (2) For the purposes of paragraph (c) of the definition of broadcasting s