(2) Schedule 1, item 4, page 3 (lines 24 and 25), omit the item, substitute:

4 Part 1 of Schedule 6

Repeal the Part, substitute:

The following is a simplified outline of this Schedule:

Classification Board means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995.

interactive, in relation to a datacasting service, means a capacity for a user to request specific responses, make choices or engage in digital transactions or communications.

Internet carriage services has the same meaning as in Schedule 5, but does not include a service that transmits content that has been copied from the Internet, where the content is selected by the datacasting licensee concerned, unless the same content is available simultaneously on the Internet.

nominated datacaster declaration means a declaration under clause 45.

non-contemporaneous, in relation to a datacasting service, means that users of the service do not view the same content simultaneously.

non-linear, in relation to a datacasting service, means that content is designed to be selected or accessed at irregular intervals in accordance with user-defined requests and not as a single, continuous stream of data to users.

ordinary electronic mail does not include a posting to a newsgroup.

qualified entity means:

(a) a company that:

(i) is formed in Australia or in an external Territory; and

(ii) has a share capital; or

(b) the Commonwealth, a State or a Territory; or

(c) the Australian Broadcasting Corporation; or

(d) the Special Broadcasting Service Corporation; or

(e) any other body corporate established for a public purpose by a law of the Commonwealth or of a State or Territory.

related body corporate has the same meaning as in the Corporations Law.

static graphic interface, in relation to a datacasting service, means a method of providing interactivity to a user through menu systems or other control mechanisms common to digital services and applications.

transmitter licence has the same meaning as in the Radiocommunications Act 1992.

For the purposes of this Schedule, a datacasting service means a service (other than a broadcasting service) that delivers information (whether in the form of data, text, speech, images or in any other form) to persons having equipment appropriate for receiving that information, where the service has the following attributes:

(a) it uses the broadcasting services bands; and

(b) it is interactive; and

(c) it is non-contemporaneous; and

(d) it is non-linear; and

(e) it offers frequent user-defined choices; and

(f) it makes frequent use of static graphic interfaces; and

(g) it complies with any determinations or clarifications under clause 4 in relation to datacasting services.

(1) The ABA may, by notice in the Gazette:

(a) determine additional criteria to those specified in clause 3; or

(b) clarify the criteria specified in clause 3;

(2) The Minister may give specified directions to the ABA as to the making of determinations and clarifications, and the ABA must observe those directions.

(3) Determinations and clarifications under subclause (1) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

(1) A person who proposes to provide a datacasting service may apply to the ABA for an advisory opinion as to whether the proposed service is a datacasting service or a broadcasting service.

(2) An application must be in accordance with a form approved in writing by the ABA, and must state the applicant's opinion as to whether the proposed service is a datacasting service or a broadcasting service.

(3) If the ABA considers that additional information is required before an advisory opinion can be given, the ABA may, by notice in writing given to the applicant within 14 days after receiving the application, request the applicant to provide that information.

(4) The ABA must, as soon as practicable after:

(a) receiving the application; or

(b) if the ABA has requested further information—receiving that further information;

(5) If the ABA does not, within 28 days after:

(a) receiving the application; or

(b) if the ABA has requested further information—receiving that further information;

(6) The ABA may charge a fee for providing an advisory opinion under this clause.

(1) A person may apply to the ABA for a determination as to whether a service is a datacasting service or a broadcasting service.

(2) An application must be in accordance with a form approved in writing by the ABA, and must state the applicant's opinion as to whether the service is a datacasting service or a broadcasting service.

(3) If the ABA considers that additional information is required before a determination can be given, the ABA may, by notice in writing given to the applicant within 30 days after receiving the application, request the applicant to provide that information.

(4) The ABA must, as soon as practicable after:

(a) receiving the application; or

(b) if the ABA has requested further information—receiving that further information;

(5) If the ABA has given a determination under this clause to the provider of a datacasting service, neither the ABA nor any other Government agency may, while the circumstances relating to the datacasting service remain substantially the same as those advised to the ABA in relation to the application for the determination:

(a) take any action against the provider of the service for the period of 5 years commencing on the day on which the determination is given on the basis that the service is not a datacasting service; or

(b) unless the ABA has made a determination or clarification under clause 4 after that determination was given that places the service outside the definition of a datacasting service—take any action against the provider of the service after the end of that period on the basis that the service is not a datacasting service.

(6) If the ABA does not, within 45 days after:

(a) receiving the application; or

(b) if the ABA has requested further information—receiving that further information;

(7) The ABA may charge a fee for providing a determination under this clause.

In making determinations under clause 4 or clause 6 in relation to datacasting services, and in giving advisory opinions under clause 5 in relation to proposed datacasting services, the ABA is to have regard to:

(a) the attributes of the service and its mode of delivery; and

(b) the dominant purpose of the service; and

(c) such other matters as the ABA thinks fit.

4A Division 1 of Part 3 of Schedule 6

Repeal the Division, substitute:

(1) Each datacasting licence is subject to the primary condition that the licensee will not transmit matter that, if it were broadcast on commercial television or radio, would be a broadcasting service.

(2) The condition set out in subclause (1) does not prevent the licensee from transmitting live matter that consists of:

(a) the proceedings of, or the proceedings of a committee of, a Parliament; or

(b) the proceedings of a court or tribunal in Australia; or

(c) the proceedings of an official inquiry or Royal Commission in Australia; or

(d) a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory.

(3) The condition set out in subclause (1) does not prevent a datacasting licensee from transmitting matter that consists of no more than:

(a) text; or

(b) text accompanied by associated sounds; or

(c) still visual images; or

(d) still visual images accompanied by associated sounds; or

(e) any combination of matter covered by the above paragraphs; or

(f) any combination of:

(i) matter that is covered by any of the above paragraphs (the basic matter); and

(ii) animated images (with or without associated sounds); where:

(iii) having regard to the substance of the animated images, it would be concluded that the animated images are ancillary or incidental to the basic matter; or

(iv) the animated images consist of advertising or sponsorship material.

(4) The condition set out in subclause (1) does not prevent a datacasting licensee from providing an interactive computer game.

(5) The condition set out in subclause (1) does not apply to the transmission of ordinary electronic mail.

(6) In determining the meaning of the expressions television or television program, when used in a provision of this Act, subclauses (3), (4), and (5) are to be disregarded.

4B Divisions 2 and 2A of Part 3 of Schedule 6

Repeal the Divisions.

4C Paragraph 26(3)(a) of Schedule 6

Repeal the paragraph, substitute:

(a) clause 13; or

4D Paragraphs 26(3)(b) and (c) of Schedule 6

Repeal the paragraphs.

4E After paragraph 27A(1)(c) of Schedule 6

Omit “and”.

4F Paragraph 27A(1)(d) of Schedule 6

Repeal the paragraph.

(3) Schedule 1, page 4 (after line 26), at the end of the Schedule, add:

7 Paragraph 52(1)(c) of Schedule 6

Repeal the paragraph, substitute:

(c) the person's conduct breaches a condition of the licence set out in clause 13, 20B or 24.

8 Subclause 54(2) of Schedule 6

Omit “clause 14, 16, 20B or 21”, substitute “clause 13 or 20B”.

9 Subclause 54(3) of Schedule 6

Omit “clause 14, 16, 20B or 21”, substitute “clause 13 or 20B”.

10 Clause 58 (table item 2A)

Repeal the table item.