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Broadcasting Services (International Broadcasting) Guidelines 2016

made under subsection 121FP(1) of the

Broadcasting Services Act 1992

Compilation No. 1

Compilation date:    28 July 2016

Includes amendments up to: F2016L01239

Prepared by the Australian Communications and Media Authority, Melbourne

Preliminary

      1.1 Name of Guidelines

        These Guidelines are the Broadcasting Services (International Broadcasting) Guidelines 2016.

      1.2 Commencement

        These Guidelines commence on 31 March 2016.

      Note All legislative instruments are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See https://www.legislation.gov.au.

      1.3 Revocation of the Broadcasting Services (International Broadcasting) Guidelines 2005

        The Broadcasting Services (International Broadcasting) Guidelines 2005 [F2005L03712] are revoked.

      1.4 Object of Guidelines

        The object of these Guidelines is to set out arrangements for:
          (a) both proposed and operational international broadcasting services; and
          (b) matter in programs; and
          (c) the conduct of international broadcasting licensees.

1.5 Definitions

        In these Guidelines:
      ACMA means the Australian Communications and Media Authority.
      children's program means a program that is intended to be seen primarily by children.
      classification system means the classification system that is set out in:
          (a) the Classification (Publications, Films and Computer Games) Act 1995; or
          (b) a similar law of a State or Territory.

      Note   The classification system is administered under complementary Commonwealth, State and Territory legislation. The Classification (Publications, Films and Computer Games) Act 1995 applies to the Australian Capital Territory only.
      current affairs program means a program that deals with social, economic or political matters that are of topical interest to the international audience of the service on which the program is broadcast.
      film has the meaning given by section 5 of the Classification (Publications, Films and Computer Games) Act 1995.
      intellectual property rights means rights associated with all copyrights, registered and unregistered trademarks, registered designs, trade secrets and know-how, and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967 concluded at Stockholm, to which Australia is a party.

      Note      In accordance with section 14 of the Legislation Act 2003, the definition in the Convention is incorporated as it was in force at the commencement of these Guidelines. The Convention is in Australian Treaty Series 1972 No. 15 ([1972] ATS 15) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
      international audience, of a program that is broadcast as part of an international broadcasting service, means the audience outside Australia that receives, or is likely to receive, the international broadcasting service.
      international broadcasting licensee means the holder of an international broadcasting licence.
      matter means the content of a program that is broadcast as part of an international broadcasting service.
      medicine has the meaning given by subsection 3