Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:6_24:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 6 cl 24 (pt 1/2)
Character Range: 989267–992027

24  General conditions
 (1) Each datacasting licence is subject to the following conditions:
 (a) 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);
 (b) 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;
 (c) the licensee will comply with standards applicable to the licence under clause 31;
 (ca) the licensee will comply with any standards under section 130A (which deals with technical standards for digital transmission);
 (d) 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;
 (e) 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;
 (f) the licensee will not transmit datacasting content that has been classified R 18+ under the Classification (Publications, Films and Computer Games) Act 1995 unless:
 (i) the content has been modified as mentioned in paragraph 28(4)(b); or
 (ii) access to the program is subject to a restricted access system (within the meaning of clause 27);
 (g) the licensee will comply with subsection 130V(1) (which deals with industry standards);
 (h) 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;
 (i) 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.
 (2) The conditions set out in paragraphs (1)(a), (c), (e) and (f) do not apply in relation to:
 (a) the transmission of so much of a datacasting service as consists of an internet carriage service; or
 (b) the transmission of ordinary email.
 (3) The condition set out in paragraph (1)(b) does not apply in relation to the transmission of ordinary email.
 (4) 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) 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
 (b) a reference in those clauses to a broadcasting service included a