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BROADCASTING SERVICES ACT 1992 - SECT 212

Special provisions for re-transmission of programs

             (1)  Subject to this section, the regulatory regime established by this Act does not apply to a service that does no more than:

                     (a)  re-transmit programs that are transmitted by a national broadcasting service; or

                     (b)  re-transmit programs that are transmitted by a commercial broadcasting licensee or a community broadcasting licensee:

                              (i)  within the licence area of that licence; or

                             (ii)  outside the licence area of that licence in accordance with permission in writing given by the ACMA.

             (2)  No action, suit or proceeding lies against a person in respect of the re-transmission by the person of programs as mentioned in subsection (1).

          (2A)  However, the rule in subsection (2) does not prevent an action, suit or proceeding against a person under the Copyright Act 1968 for infringement of copyright subsisting in a work, a sound recording or a cinematograph film, where:

                     (a)  the infringement is in respect of the re-transmission by the person of programs as mentioned in subsection (1); and

                     (b)  the re-transmission is not provided by a self-help provider.

          (2B)  The rule in subsection (2) does not prevent an action, suit or proceeding against a person under the Radiocommunications Act 1992 in relation to a breach of any of the conditions of a datacasting transmitter licence.

          (2C)  The Minister may give the ACMA a written direction about the exercise of the power conferred by subparagraph (1)(b)(ii).

             (3)  A reference in this section to a re-transmission does not include a reference to:

                     (a)  a re-transmission by a commercial television broadcasting licensee of the programs transmitted by any of the licensee's commercial television broadcasting services; or

                    (aa)  a re-transmission by a commercial radio broadcasting licensee of the programs transmitted by any of the licensee's commercial radio broadcasting services; or

                     (b)  a re-transmission by a community broadcasting licensee (other than a designated community radio broadcasting licensee) of the programs transmitted by the licensee's community broadcasting service; or

                   (ba)  a re-transmission by a designated community radio broadcasting licensee of the programs transmitted by any of the licensee's community radio broadcasting services; or

                     (c)  a re-transmission by the Australian Broadcasting Corporation of the programs transmitted by any of its national broadcasting services, being national broadcasting services covered by paragraph 13(1)(a); or

                     (d)  a re-transmission by the Special Broadcasting Service Corporation of the programs transmitted by any of its national broadcasting services.

             (4)  In this section:

"cinematograph film" has the same meaning as in the Copyright Act 1968 .

"self-help provider" has the meaning given by section 212A.

"sound recording" has the same meaning as in the Copyright Act 1968 .

"work" has the same meaning as in the Copyright Act 1968 .



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