Document ID: chunk:federal_register_of_legislation:C2025C00023:section:212
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 212
Character Range: 823009–825690

212  Special provisions for re‑transmission of programs
 (1) Subject to this section, the regulatory regime established by this Act does not apply to a service that does no more than:
 (a) re‑transmit programs that are transmitted by a national broadcasting service; or
 (b) re‑transmit programs that are transmitted by a commercial broadcasting licensee or a community broadcasting licensee:
 (i) within the licence area of that licence; or
 (ii) outside the licence area of that licence in accordance with permission in writing given by the ACMA.
 (2) No action, suit or proceeding lies against a person in respect of the re‑transmission by the person of programs as mentioned in subsection (1).
 (2A) However, the rule in subsection (2) does not prevent an action, suit or proceeding against a person under the Copyright Act 1968 for infringement of copyright subsisting in a work, a sound recording or a cinematograph film, where:
 (a) the infringement is in respect of the re‑transmission by the person of programs as mentioned in subsection (1); and
 (b) the re‑transmission is not provided by a self‑help provider.
 (2C) The Minister may give the ACMA a written direction about the exercise of the power conferred by subparagraph (1)(b)(ii).
 (3) A reference in this section to a re‑transmission does not include a reference to:
 (a) a re‑transmission by a commercial television broadcasting licensee of the programs transmitted by any of the licensee's commercial television broadcasting services; or
 (aa) a re‑transmission by a commercial radio broadcasting licensee of the programs transmitted by any of the licensee's commercial radio broadcasting services; or
 (b) a re‑transmission by a community broadcasting licensee (other than a designated community radio broadcasting licensee) of the programs transmitted by the licensee's community broadcasting service; or
 (ba) a re‑transmission by a designated community radio broadcasting licensee of the programs transmitted by any of the licensee's community radio broadcasting services; or
 (c) a re‑transmission by the Australian Broadcasting Corporation of the programs transmitted by any of its national broadcasting services, being national broadcasting services covered by paragraph 13(1)(a); or
 (d) a re‑transmission by the Special Broadcasting Service Corporation of the programs transmitted by any of its national broadcasting services.
 (4) In this section:
cinematograph film has the same meaning as in the Copyright Act 1968.
self‑help provider has the meaning given by section 212A.
sound recording has the same meaning as in the Copyright Act 1968.
work has the same meaning as in the Copyright Act 1968.