Document ID: chunk:federal_register_of_legislation:C2004A04507:body:0:p4
Version: federal_register_of_legislation:C2004A04507
Segment Type: other
Provision Reference: 
Character Range: 14720–17673

action within a specified period and the Commission must comply with the request.".

PART 4—AMENDMENTS OF THE BROADCASTING SERVICES ACT 1992

Principal Act

10. In this Part, "Principal Act" means the Broadcasting Services Act 19923.

Interpretation

  11. Section 6 of the Principal Act is amended:

     (a)     by omitting from subsection (1) the definition of "initial satellite licence";

     (b)    by omitting from the definition of "associate" in subsection (1) everything after paragraph (e) and substituting:

     "but persons are not associates if the ABA is satisfied that they do not act together in any relevant dealings relating to that company, licence or newspaper, and neither of them is in a position to exert influence over the business dealings of the other in relation to that company, licence or newspaper;".

Subscription narrowcasting services

12. Section 17 of the Principal Act is amended by inserting in subparagraph (a)(iii) "or" after "period".

Open narrowcasting services

13. Section 18 of the Principal Act is amended by inserting in subparagraph (a)(iii) "or" after "period".

Development of codes of practice

14. Section 123 of the Principal Act is amended by inserting after subsection (3) the following subsections:

"(3A) In developing codes of practice referred to in paragraph (2)(a), (b) or (c), industry groups representing commercial television broadcasting licensees and community television broadcasting licensees must ensure that:

     (a)     for the purpose of classifying films—those codes apply the film classification system administered by the Office of Film and Literature Classification; and

     (b)     those codes provide for methods of modifying films having particular classifications under that system so that:

       (i) the films are suitable to be broadcast; or

          (ii) the films are suitable to be broadcast at particular times; and

     (c) those codes require that films classified as 'M' may be broadcast only:

         (i) between the hours of 8:30 pm on a day and 5 am on the following day; or

          (ii) between the hours of noon and 3 pm on any day that is a school day; and

     (d)     films classified as 'MA' may be broadcast only between the hours of 9 pm on a day and 5 am on the following day; and

     (e)     those codes provide for the provision of advice to consumers on the reasons for films receiving a particular classification.

"(3B) In developing codes of practice referred to in paragraph (2)(a), (b), or (c), industry groups representing commercial television broadcasting licensees and community television broadcasting licensees must ensure that films classified as 'M' or 'MA' do not portray material that goes beyond the previous 'AO' classification criteria.".

15. After section 123 of the Principal Act the following section is inserted:

Review by the ABA

"123A.(1) The ABA must periodically conduct a review of the operation of