Broadcasting Services Act 1992

If:

apart from this section, a regional/remote commercial television broadcasting licensee did not comply with subsection 121G(2) for a calendar year; and

the regional/remote commercial television broadcasting licensee gives the ACMA a written notice that:

states that the regional/remote commercial television broadcasting licensee wants to rely on this section for the calendar year; and

specifies a particular metropolitan commercial television broadcasting licensee; and

is in a form approved in writing by the ACMA; and

the notice is given within:

30 days after the end of the calendar year; or

such longer period as the ACMA allows; and

the total number of hours of Australian programs that were transmitted by the regional/remote commercial television broadcasting licensee:

during targeted viewing hours in the calendar year; and

on such of its secondary commercial television broadcasting services as were equivalent to secondary commercial television broadcasting services of the metropolitan commercial television broadcasting licensee (the equivalent metropolitan secondary commercial television broadcasting services);

during targeted viewing hours in the calendar year; and

on the equivalent metropolitan secondary commercial television broadcasting services;

If a notice is given under paragraph (1)(b), the ACMA must publish a copy of the notice on the ACMA’s website.

Subsection 121G(3) applies to paragraph (1)(d) in a corresponding way to the way in which it applies to subsection 121G(2).

For the purposes of this section, if the program content of a secondary commercial television broadcasting service provided by a regional/remote commercial television broadcasting licensee is the same, or substantially the same, as the program content of a secondary commercial television broadcasting service provided by a metropolitan commercial broadcasting licensee, then those services are equivalent to each other.

In this section:

New South Wales; or

Victoria; or

Queensland; or

Western Australia; or

South Australia.

Northern New South Wales TV1;

Southern New South Wales TV1;

Regional Victoria TV1;

Eastern Victoria TV1;

Western Victoria TV1;

Regional Queensland TV1;

Tasmania TV1;

Broken Hill TV1;

Darwin TV1;

Geraldton TV1;

Griffith and MIA TV1;

Kalgoorlie TV1;

Mildura/Sunraysia TV1;

Mount Gambier/South East TV1;

Mt Isa TV1;

Riverland TV1;

South West and Great Southern TV1;

Spencer Gulf TV1;

Remote and Regional WA TV1;

Remote Central and Eastern Australia TV1;

Western Zone TV1;

South Eastern Australia TV3;

Northern Australia TV3;

Western Australia TV3;

Remote and Central Eastern Australia TV2.