Captioning obligations—basic rule
130ZR Captioning obligations—basic rule
Basic rule
Each commercial television broadcasting licensee, and each national broadcaster, must provide a captioning service for:
television programs transmitted during designated viewing hours; and
television news or current affairs programs transmitted outside designated viewing hours.
For compliance by licensees, see clause 7 of Schedule 2.
Exceptions
If:
a commercial television broadcasting licence is in force; and
the licence was not allocated under section 38C; and
the licensee provides a primary commercial television broadcasting service in the licence area; and
the licensee provides in the licence area another service that is:
a SDTV multi‑channelled commercial television broadcasting service; or
a HDTV multi‑channelled commercial television broadcasting service;
subsection (1) does not require the provision of a captioning service for a television program transmitted on:
the SDTV multi‑channelled commercial television broadcasting service mentioned in subparagraph (d)(i) of this subsection; or
the HDTV multi‑channelled commercial television broadcasting service mentioned in subparagraph (d)(ii) of this subsection;
unless the program has been previously transmitted on the primary commercial television broadcasting service.
If:
a commercial television broadcasting licence is allocated under section 38C; and
the licensee provides a primary commercial television broadcasting service in the licence area; and
the licensee provides in the licence area:
another SDTV multi‑channelled commercial television broadcasting service; or
a HDTV multi‑channelled commercial television broadcasting service;
subsection (1) does not require the provision of a captioning service for a television program transmitted on:
the other SDTV multi‑channelled commercial television broadcasting service; or
the HDTV multi‑channelled commercial television broadcasting service;
unless the program has been previously transmitted on the primary commercial television broadcasting service.
If:
a national broadcaster provides a national television broadcasting service in a coverage area; and
the service is not provided with the use of a satellite;
subsection (1) does not require the provision of a captioning service for a television program transmitted on:
a SDTV multi‑channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite; or
a HDTV multi‑channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite;
unless the television program was previously transmitted by the national broadcaster on the primary national television broadcasting service provided by the national broadcaster.
If:
a national broadcaster provides a national television broadcasting service in a satellite delivery area; and
the service is provided with the use of a satellite;
subsection (1) does not require the provision of a captioning service for a television program transmitted on:
a SDTV multi‑channelled national television broadcasting service provided by the national broadcaster with the use of a satellite; or
a HDTV multi‑channelled national television broadcasting service provided by the national broadcaster with the use of a satellite;
unless the television program has been previously transmitted by the national broadcaster on the broadcaster’s primary satellite national television broadcasting service.
Subsection (1) does not require the provision of a captioning service:
by the licensee of a commercial television broadcasting licence that was allocated under subsection 40(1); and
during:
the first year of operation of the licence; or
if the ACMA, by written notice given to the licensee, allows a longer period—that longer period.
For exemption orders, see section 130ZUA.
For target reduction orders, see section 130ZUA.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.