Broadcasting Services Act 1992

Each datacasting licence is subject to the condition that the licensee will not transmit matter that, if it were broadcast on a commercial radio broadcasting service, would be a designated radio program.

For the purposes of this clause, a designated radio program is a radio program other than:

an information‑only program; or

an educational program; or

a foreign‑language news or current affairs program.

Subclause (2) has effect subject to subclauses (4) and (5).

The ACMA may, by legislative instrument, make a determination providing that, for the purposes of this clause, a specified radio program or specified matter is taken to be a designated radio program.

The ACMA may, by legislative instrument, make a determination providing that, for the purposes of this clause, a specified radio program or specified matter is taken not to be a designated radio program.

A determination under subclause (4) or (5) has effect accordingly.

For specification by class, see subsection 13(3) of the Legislation Act 2003.

The condition set out in subclause (1) does not apply to the transmission of audio content that is incidental to, or provided as background to, matter displayed on the screen.

The condition set out in subclause (1) does not apply to the transmission of so much of a datacasting service as consists of an internet carriage service (other than a declared internet carriage service).

The condition set out in subclause (1) does not apply to the transmission of matter if:

the matter is content that has been copied from the internet; and

the content is selected by the datacasting licensee concerned; and

there is in force an exemption order under subclause 27A(1) in relation to the transmission of the matter.