Commonwealth Consolidated Acts Commonwealth Consolidated ActsPolicy underlying additional conditions
(1) It is the intention of the Parliament that services provided under CTV licences be regulated in a manner that causes them not to operate in the same way as commercial television broadcasting services.
Conditions relating to sale of access to air - time
(2) Each CTV licence is subject to the condition that the licensee must not sell access to more than 2 hours of air - time in any day to a particular person who operates a business for profit or as part of a profit - making enterprise, unless the person is a company that has a sole or dominant purpose of assisting a person in education or learning.
(3) Each CTV licence is subject to the condition that the licensee must not sell access to a combined total of more than 8 hours of air - time in any day to people who operate businesses for profit or as part of profit - making enterprises.
(4) Each CTV licence is subject to the condition that the licensee must not sell access to more than 8 hours of air - time in any day to a particular person.
(5) For the purposes of the conditions imposed by subsections (2), (3) and (4), the sale of access to air - time to any of the following is taken to be the sale of access to air - time to a company:
(a) the sale of access to air - time to any person in a position to exercise control of the company;
(b) the sale of access to air - time to any related body corporate (within the meaning of the Corporations Act 2001 ) of the company.
(6) The ACMA may, by legislative instrument, impose other conditions on all CTV licences relating to sale of access to air - time.
Conditions relating to other matters
(7) The ACMA may, by legislative instrument, impose other conditions on all CTV licences, including, but not limited to, conditions relating to:
(a) community access to air - time; or
(b) the governance of CTV licensees (including conditions relating to provisions that the constitution of the licensee must at all times contain); or
(c) the provision of annual reports to the ACMA and the form in which they are to be provided.
(8) The ACMA may, by legislative instrument, vary or revoke any condition imposed by or under this section.
(9) The ACMA must, before imposing, varying or revoking a condition under this section, seek public comment on the proposed condition or the proposed variation or revocation.
(10) Action taken under this section must not be inconsistent with:
(a) determinations and clarifications under section 19; or
(b) conditions set out in Part 5 of Schedule 2.
"access" , in relation to air - time, means the right to select or provide programs to be broadcast during the air - time.
"air-time" means time available for broadcasting programs on a community broadcasting service.
"sell" , in relation to access to air - time, means enter into any arrangement
under which a person receives any consideration in cash or in kind in relation
to provision of the access to air - time.