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BROADCASTING SERVICES ACT 1992 - SECT 6 Interpretation

BROADCASTING SERVICES ACT 1992 - SECT 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 a notice under subsection 115(1). For this purpose, disregard subsections 115(1AA) and (1B).

"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.

"Commissioner" means the eSafety Commissioner.

"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

                     (b)  clause 62 of Schedule 5; or

                     (c)  clause 28 of Schedule 6; or

                     (d)  clause 85 of Schedule 7.

"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 service in subsection (1), the Minister may, by legislative instrument, determine that a service, or a class of services, does not fall within that definition.

             (3)  For the purposes of paragraph (a) of the definition of associate in subsection (1) and the definition of near relative in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.