Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020 (Cth)
Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020
The Australian Communications and Media Authority makes the following declaration under clause 41G of Schedule 4 to the Broadcasting Services Act 1992.
Dated: 17 September 2020
Fiona Cameron
[signed]
Member
Creina Chapman
[signed]
Member/General Manager
Australian Communications and Media Authority
Name of Declaration
This is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020.
Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at Authority
This instrument is made under clause 41G of Schedule 4 to the Broadcasting Services Act 1992.
4 Repeal
The Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 (Registration No. F2010L01830) is repealed.
Definitions
In this instrument:
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 instrument, see section 6 of the Act.
6 Reference to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
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 3 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.
(2) In determining whether a particular multi-channelled commercial television broadcasting service is a service specified in column 3 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 a 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.
(3) Subsection (2) 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 3 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 3 of an item in the table in Schedule 2 is a primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.
(2) In determining whether a particular multi-channelled commercial television broadcasting service is a service specified in column 3 of the table in Schedule 2, 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 a 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.
(3) Subsection (2) 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 3 of the table in Schedule 2.
Schedule 1 Primary commercial television broadcasting services – services in the broadcasting services bands
(section 7)
Table 1 Primary commercial television broadcasting services
Item Column 1
Licence Area
Column 2
Service licence number
Column 3
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 7 5 Spencer Gulf TV1 SL1150798 10 6 Spencer Gulf TV1 SL1130142 9 7 Broken Hill TV1 SL10241 7 8 Broken Hill TV1 SL1150797 10 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 7 13 Riverland TV1 SL10174 WINHD 14 Riverland TV1 SL1150796 9 15 Riverland TV1 SL1130145 7 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 7 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 10 27 Adelaide TV1 SL121 9 28 Adelaide TV1 SL122 7 29 Tasmania TV1 SL132 WINHD 30 Tasmania TV1 SL133 7 31 Tasmania TV1 SL1150806 9 TDT 32 Perth TV1 SL10161 7 33 Perth TV1 SL10162 9 34 Perth TV1 SL10163 10 35 Brisbane TV1 SL109 7 36 Brisbane TV1 SL110 9 37 Brisbane TV1 SL111 10 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 7 52 Darwin TV1 SL1130013 10 Darwin 53 Northern NSW TV1 SL94 9 54 Northern NSW TV1 SL95 PRIME7 55 Northern NSW TV1 SL96 WINHD 56 Sydney TV1 SL86 7 57 Sydney TV1 SL87 9 58 Sydney TV1 SL88 10 59 Melbourne TV1 SL100 10 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 7 64 Remote Central and Eastern Australia TV2 SL1130050 10 CDT 65 Mt Isa TV1 SL114 7 66 Mt Isa TV1 SL1130051 10 CDT Note Column 1 is included for information only. Licence area refers to the licence area specified by the ACMA in licence area plans made under section 26 of the Act, which are legislative instruments available free of charge on the Federal Register of Legislation at 2 Primary commercial television broadcasting services – satellite services
(section 8)
Table 1 Primary commercial television broadcasting services
Item Column 1
Licence Area
Column 2
Service licence number
Column 3
Primary Commercial Television Broadcasting Service(s)
1 South Eastern Australia TV3 SL1130135 10 CDT
Imparja
7
2 Northern Australia TV3 SL1130136 10 CDT
Imparja
7
3 Western Australia TV3 SL1130166 GWN7
WINHD
9
Note Column 1 is included for information only. Licence area refers to the licence area specified by the ACMA in licence area plans made under section 26 of the Act, which are legislative instruments available free of charge on the Federal Register of Legislation at
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