Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:2_7:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 2 cl 7 (pt 1/3)
Character Range: 881968–884709

7  Conditions of commercial television broadcasting licences
 (1) Each commercial television broadcasting licence is subject to the following conditions:
 (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;
 (aa) the licensee will comply with section 121G (which deals with Australian content);
 (b) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;
 (ba) the licensee will comply with subsection 130V(1) (which deals with industry standards);
 (c) 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:
 (i) 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
 (ii) 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
 (iii) 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
 (iv) 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;
 (d) 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;
 (e) 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;
 (f) if the licence is a broadcasting services bands licence—the licensee will keep in force a licence under the