Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:2_11
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 929034–931750

11  Conditions applicable to broadcasting services provided under class licences
 (1) The following conditions apply to the provision by a person of a broadcasting service under a class licence:
 (a) 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;
 (ab) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the person will comply with subsection 121E(2) (section 121E is about requiring the ACMA's permission to provide certain television services in regional areas);
 (b) the person will comply with program standards applicable to the licence under Part 9 of this Act;
 (ba) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);
 (baa) in the case of a person who provides:
 (i) a subscription radio broadcasting service; or
 (ii) a subscription radio narrowcasting service; or
 (iii) an open narrowcasting radio service;
  transmitted using a digital modulation technique—the licensee will comply with standards under section 130AA (which deals with technical standards for digital transmission);
 (bb) the licensee will comply with standards under subsection 130V(1) (which deals with industry standards);
 (bc) 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;
 (c) the person will not use the broadcasting service in the commission of an offence against another Act or a law of a State or Territory;
 (d) the person will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;
 (e) the person 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 broadcasting services under the licence.
 (2) The provision by a person of a subscription broadcasting service or a subscription narrowcasting service under a class licence is also subject to the condition that subscription fees will continue to be the predominant source of revenue for the service.
 (4) The provision by a person of a subscription television narrowcasting service under a class licence is also subject to the condition that the licensee will not broadcast a program that has been classified RC or X 18+ under the Classification (Publications, Films and Computer Games) Act 1995.