International broadcasting services
18A International broadcasting services
International broadcasting services are broadcasting services that are targeted, to a significant extent, to audiences outside Australia, where:
the means of delivering the services involves the use of a radiocommunications transmitter in Australia (whether alone or in combination with any other means); and
the services comply with any determinations or clarifications under section 19 in relation to international broadcasting services.
A broadcasting service is not an international broadcasting service if the broadcasting service is:
provided by the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or
provided by the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; or
an exempt broadcasting service (as defined by subsection (3)).
For the purposes of this section, a broadcasting service is an exempt broadcasting service if:
the service delivers only programs packaged outside Australia (which may include programs produced in Australia); and
all relevant programming decisions are made outside Australia; and
the service is transmitted from a place outside Australia to an earth station in Australia for the sole purpose of being immediately re‑transmitted to a satellite; and
the satellite is a means of delivering the service (whether alone or in combination with any other means).
The references in this section to localities do not, by implication, affect the application of paragraph 21(1)(b) of the Acts Interpretation Act 1901 and section 10 of this Act to a provision of this Act that deals with a category of broadcasting services other than international broadcasting services.
In this section:
Australia includes the external Territories.
radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992.
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