Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 (Cth)
Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010
as amended
made under clause 41G of Schedule 4 to the
Broadcasting Services Act 1992
Compilation No. 13
Compilation date: 20 July 2016
Includes amendments up to: Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2016 (No. 1)
Prepared by the Australian Communications and Media Authority
Contents
Name of Declaration 3
Commencement 3
Definitions 3
Declaration of primary commercial television broadcasting service – services in the broadcasting services bands 3
Declaration of primary commercial television broadcasting service – satellite services 4
Schedule 1Primary commercial television broadcasting services – services in the broadcasting services bands 5
Schedule 3Primary commercial television broadcasting services – satellite services 8
Notes to the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 9
Name of Declaration [see Note 1]
This Declaration is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010.
Commencement [see Note 1]
This Declaration commences on the day after it is registered.
Definitions
In this Declaration:
Act means the Broadcasting Services Act 1992.
multi-channelled commercial television broadcasting service means either a SDTV multi-channelled commercial television broadcasting service as defined by clause 5A of Schedule 4 to the Act, or a HDTV multi-channelled commercial television broadcasting service as defined by clause 5B of Schedule 4 to the Act.
Note For the definitions of other expressions used in this Declaration, see section 6 of the Act.
Declaration of primary commercial television broadcasting service – services in the broadcasting services bands
(1) Under subclause 41G(2) of Schedule 4 to the Act, the ACMA declares that the multi-channelled commercial television broadcasting service specified in column 4 of an item in the table in Schedule 1 is the primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.
(3) In determining whether a particular multi-channelled commercial television broadcasting service is specified in column 4 of the table in Schedule 1, regard may be had to:
(a) any watermark or image that:
(i) is displayed during programs provided as part of the service; and
(ii) identifies the service; and
(b) any name or logo used in relation to the service in publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.
(4) Subsection (3) does not limit the matters to which regard may be had in determining whether an multi-channelled commercial television broadcasting service is the service specified in column 4 of the table in Schedule 1.
Declaration of primary commercial television broadcasting service – satellite services
(1) Under subclause 41G(4) of Schedule 4 to the Act, the ACMA declares that each of the multi-channelled commercial television broadcasting services specified in column 4 of an item in the table in Schedule 3 is a primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.
(3) In determining whether a particular multi-channelled commercial television broadcasting service is specified in column 4 of the table in Schedule 3, regard may be had to:
(a) any watermark or image that:
(i) is displayed during programs provided as part of the service; and
(ii) identifies the service; and
(b) any name or logo used in relation to the service in publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.
(4) Subsection (3) does not limit the matters to which regard may be had in determining whether a multi-channelled commercial television broadcasting service is the service specified in column 4 of the table in Schedule 3.
Schedule 1 Primary commercial television broadcasting services – services in the broadcasting services bands
(section 4)
Table 1 Primary commercial television broadcasting services
| Item | Column 1 Licence Area | Column 2 Service licence number | Column 4 Primary Commercial Television Broadcasting Service |
| 1 | Mildura/Sunraysia TV1 | SL10088 | WINHD |
| 2 | Mildura/Sunraysia TV1 | SL10089 | PRIME7 |
| 3 | Mildura/Sunraysia TV1 | SL1150827 | 9 |
| 4 | Spencer Gulf TV1 | SL10234 | Southern Cross Television |
| 5 | Spencer Gulf TV1 | SL1150798 | Southern Cross TEN |
| 6 | Spencer Gulf TV1 | SL1130142 | 9 |
| 7 | Broken Hill TV1 | SL10241 | Southern Cross Television |
| 8 | Broken Hill TV1 | SL1150797 | Southern Cross TEN |
| 9 | Broken Hill TV1 | SL1130143 | 9 |
| 10 | Mount Gambier/South East TV1 | SL10330 | WINHD |
| 11 | Mount Gambier/South East TV1 | SL1150799 | 9 |
| 12 | Mount Gambier/South East TV1 | SL1130144 | 7HD |
| 13 | Riverland TV1 | SL10174 | WINHD |
| 14 | Riverland TV1 | SL1150796 | 9 |
| 15 | Riverland TV1 | SL1130145 | 7HD |
| 16 | Regional Victoria TV1 | SL103 | PRIME7 |
| 17 | Regional Victoria TV1 | SL107 | WINHD |
| 18 | Eastern Victoria TV1 | SL106 | 9 |
| 19 | Western Victoria TV1 | SL104 | 9 |
| 20 | Griffith and Murrumbidgee Irrigation Area (MIA) TV1 | SL10104 | WINHD |
| 21 | Griffith and Murrumbidgee Irrigation Area (MIA) TV1 | SL10103 | 7HD |
| 22 | Griffith and Murrumbidgee Irrigation Area (MIA) TV1 | SL1130146 | 9 |
| 23 | Southern NSW TV1 | SL85 | 9 |
| 24 | Southern NSW TV1 | SL90 | PRIME7 |
| 25 | Southern NSW TV1 | SL99 | WINHD |
| 26 | Adelaide TV1 | SL120 | TEN |
| 27 | Adelaide TV1 | SL121 | 9 |
| 28 | Adelaide TV1 | SL122 | 7 |
| 29 | Tasmania TV1 | SL132 | WINHD |
| 30 | Tasmania TV1 | SL133 | Southern Cross Television |
| 31 | Tasmania TV1 | SL1150806 | 9 |
| 32 | Perth TV1 | SL10161 | 7 |
| 33 | Perth TV1 | SL10162 | 9 |
| 34 | Perth TV1 | SL10163 | TEN |
| 35 | Brisbane TV1 | SL109 | 7 |
| 36 | Brisbane TV1 | SL110 | 9 |
| 37 | Brisbane TV1 | SL111 | TEN |
| 38 | Regional Queensland TV1 | SL113 | 9 |
| 39 | Regional Queensland TV1 | SL115 | 7 |
| 40 | Regional Queensland TV1 | SL116 | WINHD |
| 41 | Geraldton TV1 | SL10418 | GWN7 |
| 42 | Geraldton TV1 | SL1130046 | 9 |
| 43 | Kalgoorlie TV1 | SL10416 | GWN7 |
| 44 | Kalgoorlie TV1 | SL1130048 | 9 |
| 45 | South West and Great Southern TV1 | SL10417 | GWN7 |
| 46 | South West and Great Southern TV1 | SL1130049 | 9 |
| 47 | Western Zone TV1 | SL4747 | GWN7 |
| 48 | Western Zone TV1 | SL1130047 | 9 |
| 49 | Remote and Regional Western Australia TV1 | SL10048 | WINHD |
| 50 | Darwin TV1 | SL10172 | 9 |
| 51 | Darwin TV1 | SL10173 | Southern Cross Television |
| 52 | Darwin TV1 | SL1130013 | TEN Darwin |
| 53 | Northern NSW TV1 | SL94 | 9NBN |
| 54 | Northern NSW TV1 | SL95 | PRIME7 |
| 55 | Northern NSW TV1 | SL96 | Southern Cross TEN |
| 56 | Sydney TV1 | SL86 | 7 |
| 57 | Sydney TV1 | SL87 | 9 |
| 58 | Sydney TV1 | SL88 | TEN |
| 59 | Melbourne TV1 | SL100 | TEN |
| 60 | Melbourne TV1 | SL101 | 9 |
| 61 | Melbourne TV1 | SL102 | 7 |
| 62 | Remote Central and Eastern Australia TV1 | SL2898 | Imparja |
| 63 | Remote Central and Eastern Australia TV2 | SL4285 | Southern Cross Television |
| 64 | Remote Central and Eastern Australia TV2 | SL1130050 | Central Digital Television |
| 65 | Mt Isa TV1 | SL114 | Southern Cross Television |
| 66 | Mt Isa TV1 | SL1130051 | Central Digital Television |
Note Column 1 is included for information only.
Schedule 3 Primary commercial television broadcasting services – satellite services
(section 6)
Table 1 Primary commercial television broadcasting services
| Item | Column 1 Licence Area | Column 2 Service licence number | Column 4 Primary Commercial Television Broadcasting Service(s) |
| 1 | South Eastern Australia TV3 | SL1130135 | CDT (TEN) Imparja Southern Cross Television |
| 2 | Northern Australia TV3 | SL1130136 | CDT (TEN) Imparja Southern Cross Television |
| 3 | Western Australia TV3 | SL1130166 | GWN7 WINHD 9 |
Note Column 1 is included for information only.
Notes to the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010
Note 1
The Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 (in force under clause 41G of Schedule 4 to the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Table of Amending Instruments
| Title | Date of FRLI registration | Date of | Application, saving or |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 | 28 June 2010 (see F2010L01830) | 29 June 2010 | |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No. 1) | 13 Aug 2010 (see F2010L02282) | 14 Aug 2010 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No. 2) | 16 Nov 2010 (see F2010L03004) | 17 Nov 2010 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No. 3) | 14 Dec 2010 (see F2010L03244) | 15 Dec 2010 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No. 1) | 3 May 2011 (see F2011L00671) | 4 May 2011 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No. 2) | 3 May 2011 (see F2011L00674) | 4 May 2011 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2012 (No.1) | 9 February 2012 (see F2012L00225) | 10 February 2012 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2012 (No.2) | 21 March 2012 (see F2012L00635) | 22 March 2012 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2012 (No.3) | 4 June 2012 (see F2012L01151) | 5 June 2012 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2013 (No.1) | 27 March 2013 (see F2013L00568) | 28 March 2013 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2013 (No.2) | 27 May 2013 (see F2013L00852) | 28 May 2013 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2013 (No.3) | 28 November 2013 (see F2013L01999) | 29 November 2013 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2015 (No, 1) | 13 March 2015 (see F2015L00293) | 14 March 2015 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2015 (No. 2) | 30 September 2015 (see F2015L01535) | 1 October 2015 | — |
| Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2016 (No. 1) | 19 July 2016 (see F2016L01186) | 20 July 2016 | — |
Table of Amendments
| Abbreviation Key: ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted exp, = expired or ceased to have effect | |
| Provision affected | How affected |
| S. 3......................................... | am. 2010 No. 3; am. 2015 No.1; am. 2015 No. 2 |
| S. 4......................................... | am. 2015 No. 1; am. 2015 No. 2 |
| S. 5......................................... | ad. 2010 No. 1; rep. 2015 No. 1 |
| S. 6......................................... | ad. 2010 No. 3; am. 2015 No. 1; am. 2015 No.2 |
| Schedule 1 | |
| Table 1................................... | am. 2010 No. 3; am. 2011 No. 1; am. 2012 No. 3; am. 2013 No.1; am. 2013 No.2; am. 2013 No. 3; am. 2015 No. 1; rs. 2016 No. 1 |
| Schedule 2 | |
| Table 1................................... | ad. 2010 No. 1; am. 2010 No. 2; am. 2011 No. 2; am. 2012 No. 2; am. 2013 No.2; am. 2013 No. 3; rep. 2015 No. 1 |
| Schedule 3 | |
| Table 1................................... | ad. 2010 No. 3; am. 2012 No. 1; am. 2013 No. 3; am. 2015 No. 1; rs. 2016 No. 1 |
0
0
0