Broadcasting Services Act 1992

For the purposes of this Act (other than Divisions 1 and 2 of Part 3 of this Schedule) and any other law of the Commonwealth, if a datacasting service is provided under, and in accordance with the conditions of, a datacasting licence:

any matter provided on that service is taken not to be a television program or a radio program; and

any matter provided on that service is taken not to be broadcast or televised; and

that service is taken not to be a broadcasting service, a television service or a radio service.

Nothing in subclause (1) prevents a matter provided on the datacasting service from constituting the publication of a tobacco advertisement or an e‑cigarette advertisement for the purposes of the Public Health (Tobacco and Other Products) Act 2023.