Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:2_10:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 2 cl 10 (pt 1/2)
Character Range: 924792–927759

10  Conditions applicable to subscription television broadcasting licences
 (1) Each subscription 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;
 (b) the licensee will comply with program standards applicable under Part 9 of this Act;
 (ba) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);
 (bb) the licensee will comply with subsection 130V(1) (which deals with industry standards);
 (d) 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;
 (ea) the licensee will comply with subsection 121E(2) (section 121E is about requiring the ACMA's permission to provide certain television services in regional areas);
 (eb) if a provision of Part 9D (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee—the licensee will comply with that provision;
 (f) the licensee will not broadcast a program that has been classified RC or X 18+ under the Classification (Publications, Films and Computer Games) Act 1995;
 (g) the licensee will ensure that access to programs classified as "R 18+" under the Classification (Publications, Films and Computer Games) Act 1995 is restricted by disabling devices acceptable to the ACMA but will not broadcast such an "R 18+" classified program until the ACMA has completed extensive, Australia‑wide qualitative and quantitative research on community standards of taste and decency in relation to classifications for pay television and on what levels of violence and depiction of sex should be allowed, and the ACMA has recommended, and the Parliament has, by resolution of each House, approved, the broadcast of such programs;
 (h) the licensee will not use its subscription broadcasting service in the commission of an offence against another Act or a law of a State or Territory;
 (i) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;
 (j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a subscription television broadcasting service under the licence.
 (1A) For the purposes of subparagraph (1)(e)(ii), the percentage of the Australian population covered by the television broadcasting service or services of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)) is