Broadcasting Services Act 1992

Each commercial television broadcasting licence is subject to the following conditions:

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

the licensee will comply with section 121G (which deals with Australian content);

the licensee will comply with program standards applicable to the licence under Part 9 of this Act;

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

except in the case of a licence allocated under section 38C or subsection 40(1)—the articles of association of the licensee will at all times contain provisions under which:

a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of this Act; and

the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of this Act continuing or of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in subparagraph (iii) or (iv); and

a person who becomes the holder of shares in the licensee is required to provide to the company a statutory declaration stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares and stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of another licence, and giving particulars of any such position; and

a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to his or her eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of this Act;

the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;

the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee's broadcasting facilities, allow those persons access to and control over those facilities;

if the licence is a broadcasting services bands licence—the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises operation by the licensee of the radiocommunications devices used to provide broadcasting services;

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

the licensee will not contravene the anti‑hoarding rule (within the meaning of section 146E);

the licensee will commence to provide at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;

the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;

if a provision of Part 9D (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee—the licensee will comply with that provision;

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

if the licensee holds a transmitter licence under section 101B, 101C, 102 or 102A of the Radiocommunications Act 1992 that authorises the operation of a transmitter—the licensee will not operate, or permit the operation of, that transmitter to transmit in digital mode:

a commercial broadcasting service that provides radio programs; or

a subscription radio broadcasting service; or

a subscription television broadcasting service; or

a subscription radio narrowcasting service; or

a subscription television narrowcasting service; or

an open narrowcasting radio service; or

an open narrowcasting television service;

the licensee will comply with a requirement that is applicable to the licensee under section 61BB (which deals with the disclosure of cross‑media relationships);

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 commercial television broadcasting service under the licence;

if a television licence area plan applies to the licence area—the licensee will comply with subsection 26AA(1).

Each commercial television broadcasting licence is also subject to the following conditions:

except in a case where the licence was allocated under section 38C or subsection 40(1)—the licensee will provide a service or services that, when considered together with other broadcasting services available in the licence area of the licence (including another service or services operated by the licensee), contributes to the provision of an adequate and comprehensive range of broadcasting services in that licence area;

the licensee will remain a suitable licensee;

if a requirement under Division 5D of Part 5 (which sets out local programming requirements) applies to the licensee—the licensee will comply with that requirement;

except in a case where the licence was allocated under section 38C or subsection 40(1)—the licensee will broadcast matter of a religious nature during such periods as the ACMA determines and, if the ACMA so directs, will do so without charge;

Each commercial television broadcasting licence is also subject to the condition that the licensee will not provide commercial television broadcasting services under the licence outside the licence area of the licence unless:

the provision of those services outside that licence area occurs accidentally; or

the provision of those services outside that licence area occurs as a necessary result of the provision of commercial television broadcasting services within the licence area; or

both:

the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

the ACMA has given permission in writing; or

all of the following subparagraphs apply:

the first‑mentioned licensee satisfies the ACMA that there is a person (the eligible person) who is in a commercial television broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a commercial television broadcasting service or services provided by a commercial television broadcasting licensee for the second licence area;

the provision of the first‑mentioned services outside the first‑mentioned licence area occurs only to the extent necessary to provide adequate reception of the first‑mentioned services to the eligible person;

the ACMA has given permission in writing.