Broadcasting Services Act 1992

Each datacasting licence is subject to the following conditions:

the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5 of Schedule 2 (as modified by subclause (4) of this clause);

the licensee will not, in contravention of the Public Health (Tobacco and Other Products) Act 2023, transmit a tobacco advertisement or an e‑cigarette advertisement within the meaning of that Act;

the licensee will comply with standards applicable to the licence under clause 31;

the licensee will comply with any standards under section 130A (which deals with technical standards for digital transmission);

the licensee will not use the datacasting service in the commission of an offence against another Act or a law of a State or Territory;

the licensee will not transmit datacasting content that has been classified as RC or X 18+ under the Classification (Publications, Films and Computer Games) Act 1995;

the licensee will not transmit datacasting content that has been classified R 18+ under the Classification (Publications, Films and Computer Games) Act 1995 unless:

the content has been modified as mentioned in paragraph 28(4)(b); or

access to the program is subject to a restricted access system (within the meaning of clause 27);

the licensee will comply with subsection 130V(1) (which deals with industry standards);

if the whole or a part of the datacasting service consists of an internet carriage service—the licensee will comply with a service provider rule (within the meaning of the Online Safety Act 2021) that is applicable to the licensee in relation to the internet carriage service;

the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a datacasting service under the licence.

The conditions set out in paragraphs (1)(a), (c), (e) and (f) do not apply in relation to:

the transmission of so much of a datacasting service as consists of an internet carriage service; or

the transmission of ordinary email.

The condition set out in paragraph (1)(b) does not apply in relation to the transmission of ordinary email.

Clauses 3, 3A, 3B, 4 and 5 of Schedule 2 apply to datacasting services provided under datacasting licences in a corresponding way to the way in which those clauses apply to broadcasting services, and, in particular, those clauses have effect as if:

a reference in those clauses to a person providing broadcasting services under a class licence included a reference to a person who is a datacasting licensee; and

a reference in those clauses to a broadcasting service included a reference to a datacasting service; and

a reference in those clauses to broadcast included a reference to provide on a datacasting service; and

subclause 4(2) of Schedule 2 were not applicable to political matter provided under a datacasting licence, where the political matter consists of no more than:

text; or

still visual images; or

any combination of matter covered by the above subparagraphs; and

clause 4 of Schedule 2 also provided that, if a datacasting licensee provides on a datacasting service, at the request of another person, political matter that consists of no more than:

text; or

still visual images; or

any combination of matter covered by the above subparagraphs;

Subclause (4) does not apply to:

the transmission of so much of a datacasting service as consists of an internet carriage service; or

the transmission of ordinary email.