Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_24:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 24 (pt 1/2)
Character Range: 135362–138081

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, 4, 5 and 6 of Schedule 2 (as modified by subclause (4) of this clause);
 (b) the licensee will not, in contravention of the Tobacco Advertising Prohibition Act 1992, transmit a tobacco 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 regulations made for the purposes of clause 36B of Schedule 4;
 (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, X or NVE by the Classification Board;
 (f) the licensee will not transmit datacasting content that has been classified R by the Classification Board 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 technical standards applicable to the licensee under clause 60;
 (h) if the whole or a part of the datacasting service consists of an Internet carriage service—the licensee will comply with an online provider rule (within the meaning of Schedule 5) that is applicable to the licensee in relation to the Internet carriage service.

 (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 electronic mail.

 (3) The condition set out in paragraph (1)(b) does not apply in relation to the transmission of ordinary electronic mail.

 (4) Clauses 3, 3A, 4, 5 and 6 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 reference to a datacasting service; and
 (c) a reference in those clauses to broadcast included a reference to provide on a datacasting service; and
 (d) subclause 4(2) of Schedule 2 were not applicable to political matter provided under a datacasting licence, where the political matter consists of no more than:
 (i) text; or
 (ii)