Document ID: chunk:federal_register_of_legislation:C2013A00029:clause:1_9
Version: federal_register_of_legislation:C2013A00029
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 10425–12371

9  Subsections 122(7) and (9)
Repeal the subsections, substitute:
 (7) The Minister may, by legislative instrument, give directions to the ACMA in relation to the exercise of its powers under this section.
Note: Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative Instruments Act 2003 do not apply to the direction (see sections 44 and 54 of that Act).
 (8) The ACMA must comply with a direction under subsection (7).
 (9) The ACMA must not determine a standard under subsection (1) that has the effect of quantitatively extending the requirements imposed by subsection 121G(1) or (2).
 (10) If:
 (a) a standard under subsection (1) imposes a quantitative requirement in relation to a particular kind of program transmitted by a commercial television broadcasting licensee; and
 (b) the requirement does not substantially correspond to subsection 121G(1) or (2); and
 (c) a program of that kind is transmitted on a commercial television broadcasting service provided by the licensee;
the transmission of the program counts for the purposes of meeting the requirement.
Note: The following are examples of a kind of program:
(a) an Australian drama program (within the meaning of the Broadcasting Services (Australian Content) Standard 2005);
(b) a C program (within the meaning of the Children's Television Standards 2009);
(c) a P program (within the meaning of the Children's Television Standards 2009).
 (11) If a commercial television broadcasting licence is or was allocated under subsection 40(1) on or after 1 January 2007, standards under subsection (1) of this section do not apply to the licensee during:
 (a) the calendar year in which the licence is or was allocated; and
 (b) any of the next 4 calendar years.
 (12) For the purposes of this section, in determining whether a requirement substantially corresponds to subsection 121G(1) or (2), disregard any differences as to:
 (a) percentage; or
 (b) viewing hours.