Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_21
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 21
Character Range: 129941–132228

21  Audio content condition

 (1) Each datacasting licence is subject to the condition that the licensee will not transmit matter that, if it were broadcast on a commercial radio broadcasting service, would be a designated radio program.

Designated radio program

 (2) For the purposes of this clause, a designated radio program is a radio program other than:
 (a) an information‑only program; or
 (b) an educational program; or
 (c) a foreign‑language news bulletin.

 (3) Subclause (2) has effect subject to subclauses (4) and (5).

ABA determinations

 (4) The ABA may make a written determination providing that, for the purposes of this clause, a specified radio program or specified matter is taken to be a designated radio program.

 (5) The ABA may make a written determination providing that, for the purposes of this clause, a specified radio program or specified matter is taken not to be a designated radio program.

 (6) A determination under subclause (4) or (5) has effect accordingly.

 (7) A determination under subclause (4) or (5) is to be an instrument of a legislative character.

 (8) A determination under subclause (4) or (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

Condition does not apply to incidental or background audio content

 (8A) The condition set out in subclause (1) does not apply to the transmission of audio content that is incidental to, or provided as background to, matter displayed on the screen.

Condition does not apply to Internet carriage services

 (9) The condition set out in subclause (1) does not apply to the transmission of so much of a datacasting service as consists of an Internet carriage service (other than a declared Internet carriage service).

Condition does not apply to certain content copied from the Internet

 (10) The condition set out in subclause (1) does not apply to the transmission of matter if:
 (a) the matter is content that has been copied from the Internet; and
 (b) the content is selected by the datacasting licensee concerned; and
 (c) there is in force an exemption order under subclause 27A(1) in relation to the transmission of the matter.