1. APPLICATION & COMMENCEMENT...........................................

2. CLASSIFICATION AND PROSCRIBED MATERIAL.........................5

2.1 Classification – General rules............................................................................................ 5

2.2 Classification zones............................................................................................................... 5

2.3 Exceptions.................................................................................................................................. 5

2.4 Special care requirements for non-Program material...........................................6

2.5 Viewer information................................................................................................................ 7

2.6 Material not suitable for broadcast...............................................................................7

3. NEWS AND CURRENT AFFAIRS................................................9

3.1 Scope and Interpretation.................................................................................................... 9

3.2 Material which may cause distress................................................................................9

3.3 Accuracy and fairness.......................................................................................................... 9

3.4 Impartiality.............................................................................................................................. 10

3.5 Privacy....................................................................................................................................... 10

3.6 Program Promotions for news and Current Affairs Programs.........................11

4. DISCLOSURE OF COMMERCIAL ARRANGEMENTS....................12

5. ADVERTISING LIMITS...........................................................13

5.1 Non-Program matter........................................................................................................... 13

5.2 Exempt non-Program matter...........................................................................................13

5.3 Hourly limits – Primary Commercial Television Broadcasting Services.......15

5.4 Hourly Limits – Multi-channels.......................................................................................15

5.5 Make-Up of Non-Program Matter from Certain Broadcasts..............................16

5.6 Assessing compliance with advertising limits.........................................................16

5.7 Additional requirements.................................................................................................... 17

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6. ADVERTISING RESTRICTIONS................................................18

6.1 Application............................................................................................................................... 18

6.2 Alcoholic Drinks..................................................................................................................... 18

6.3 Intimate products and services......................................................................................18

6.4 Films and computer games.............................................................................................. 18

6.5 Betting and gambling......................................................................................................... 19

7. FEEDBACK AND COMPLAINTS...............................................20

7.1 Feedback.................................................................................................................................. 20

7.2 Code Complaints................................................................................................................... 20

7.3 Responding to Code Complaints....................................................................................21

7.4 Transparency.......................................................................................................................... 22

8. INTERPRETATION.................................................................23

APPENDIX 1: TELEVISION CLASSIFICATION GUIDELINES.............27

APPENDIX 2: TELEVISION STATION CONTACTS FOR CODE

COMPLAINTS............................................................................31

APPENDIX 3: RESTRICTIONS ON PROMOTION OF ODDS AND

COMMERCIALS RELATING TO BETTING AND GAMBLING WHICH ARE
BROADCAST DURING A LIVE SPORTING EVENT...........................32

DEFINITIONS............................................................................38

3
1. Application & Commencement
1.1.1 This Code commences on 1 December 2015.
1.1.2 This Code applies to all commercial television broadcasting services
operated by a Licensee.
1.1.3 The Code is intended to regulate the broadcast content of
commercial free-to-air television according to current community
standards, and to assist viewers in making informed choices about
their television viewing. It also provides a procedure for handling
viewer complaints about matters covered by the Code.
1.1.4 Licensees will seek to comply fully with the Code, but a Licensee will
not be in breach of the Code if the non-compliance was in respect of
a minor, peripheral, incidental or trivial matter, or was due to:
a) a reasonable mistake;
b) reasonable reliance by the Licensee on information
supplied by another person;
c) the broadcast of material which was accidental, provided
that the Licensee took reasonable precautions and
exercised due diligence; or
d) an act or failure to act of another person which was outside
of the Licensee’s control, or an accident,
technical/engineering issue, or some other cause which
was outside the Licensee’s control.
1.1.5 Free TV will maintain a series of Advisory Notes, which are designed
to help and encourage members of the commercial free-to-air
television broadcasting industry to understand and be responsive to
a range of matters, including the portrayal of Aboriginal and Torres
Strait Islander Peoples, the portrayal of people with a disability, and
the broadcast of emergency information. These Advisory Notes will
be published on the Free TV website, and updated from time to
time.

4
2. Classification and Proscribed Material
2.1 Classification – General rules
2.1.1 Subject to the exceptions in section 2.3, all Programs and non-
Program material (including Program Promotions) must be:
a) classified in accordance with the criteria set out at
Appendix 1; and
b) broadcast in accordance with the classification zones set
out at section 2.2.
Note: For example, a Program Promotion for a Program which is classified M may be
broadcast in a PG classification zone, provided that the content of the Program
Promotion is classified PG (unless the Special care rules at section 2.4 apply).

2.1.2 Where a licence area covers areas in which different classification

zones are observed, the classification zones for the area containing
the largest proportion of the population of the licence area will
apply.
2.1.3 In relation to the classification of Commercials and Community
Service Announcements, a Licensee may satisfy its obligations
under subclause 2.1.1(a) by obtaining the advice of a qualified third
party.
2.2 Classification zones
2.2.1 PG Classification zone. Material that has been classified C, P, G
or PG may be broadcast at any time.
2.2.2 M Classification zone. Subject to subclause 2.3.2(a), material
that has been classified M may only be broadcast at the following
times:
a) School Days 7.30 pm to 6.00 am
12 noon to 3.00 pm
b) Weekends and School Holidays 7.30 pm to 6.00 am
c) Public Holidays 7.30 pm to 6.00 am
2.2.3 MA15+ Classification zone. Subject to subclause 2.3.2(b),
material that has been classified MA15+ may only be broadcast
between 8.30 pm and 5.00 am on any day.
2.3 Exceptions
2.3.1 Films must be classified by applying the classification system
provided for by the Classification (Publications, Films and Computer
Games) Act 1995.
Note: Films may be modified by a Licensee to ensure they are suitable for broadcast, or
for broadcast at particular times.

2.3.2 For as long as subsection 123(3A) of the Act is in force:

a) a Film classified M may only be broadcast:

5
 i. between the hours of 8.30 pm and 5.00 am on any day,
or
ii. between the hours of noon and 3.00 pm on any School
Day;
b) a Film classified MA15+ may only be broadcast between
the hours of 9.00 pm and 5.00 am on any day.
2.3.3 News Programs (including news flashes and news updates), Current
Affairs Programs and Sports Programs and Program Promotions for
news, Current Affairs or Sports Programs do not require
classification and may be shown at any time, however a Licensee
will exercise care in selecting material for broadcast, having regard
to:
a) the likely audience of the Program or Program Promotion;
and
b) any identifiable public interest reason for presenting the
Program or Program Promotion.
2.3.4 A Program or non-Program matter may be broadcast outside the
applicable classification zone if:
a) it deals in a responsible manner with significant moral or
social issues;
b) its scheduling is justified by the availability of its target
audience;
c) for a Program, clear advice is given about the nature and
content of the Program at its commencement; and
d) it is not a Film classified M or MA15+.
2.3.5 Excerpts from material (including a Film, Program or computer
game) which has been classified M or above (or refused
classification) may be broadcast:
a) in a news Program or Current Affairs Program, provided the
Licensee exercises care taking into account the likely
audience of the program, and the excerpt complies with
clause 2.6.1; or
b) in another Program (such as a review segment, interview
or documentary) provided the excerpt is suitable for the
classification zone in which the material is shown.
2.4 Special care requirements for non-Program material
2.4.1 Subject to clause 2.3.4, between the hours of:
a) 5.00 am and 6.00 am; and
b) 7.30 pm and 8.30 pm,

6
 all non-Program material broadcast during Sports Programs, or
Programs classified G or PG, must be no higher than a PG
classification.
2.4.2 During Sports Programs and Films classified G or PG which
commence before 8.30 pm and continue after 8.30 pm, all non-
Program material must be no higher than a PG classification.
2.4.3 Clause 2.4.2 does not apply:
a) after 9.30 pm; or
b) during Films classified G or PG commencing before 8.30 pm
which are neither promoted to Children nor likely to attract
substantial numbers of Children.
2.4.4 A Program Promotion for a Program classified M or MA15+ must not
be broadcast during any Program classified G:
a) which is principally directed to Children; and
b) broadcast between 5.00 am and 8.30 pm;
unless the Program Promotion is for the next scheduled Program.
2.5 Viewer information
2.5.1 Prominent and legible Consumer Advice must be given at the start
of:
a) a Film classified PG or above;
b) all Programs classified M which commence between 7.30
pm and 8.30 pm;
c) one-off Programs and very short series classified M;
d) any Program classified MA15+; and
e) any other Program which contains material of a strength or
intensity which the Licensee reasonably believes viewers
may not expect.
2.5.2 Classification symbols for a classified Program must be clearly
displayed by a Licensee:
a) as soon as practicable after the commencement of a
Program; and
b) as soon as practicable after a break in the Program
(whether due to a Commercial or for another reason).
2.5.3 Where practicable, a Licensee must include in a Program Promotion
an accurate classification symbol for a classified Program which is
the subject of the Program Promotion.
Note: A Licensee will make every effort to include accurate information in a Program
Promotion however this may not always be available, for example, if a Program is
fast-tracked or has not yet been made available to the Licensee in full for
classification.

7
2.5.4 A Commercial for a Film, DVD/Blu-Ray, or computer game must
display the relevant Australian Classification Board classification (for
classified material) or marking (for unclassified material).
2.6 Material not suitable for broadcast
2.6.1 A Licensee must not broadcast any material that cannot be
classified MA15+ or any lower television classification.
Note: Material may be modified by a Licensee to ensure that it is suitable for broadcast,
or for broadcast at particular times.

2.6.2 A Licensee must not broadcast any Program, Program Promotion,

Community Service Announcement or Station ID which is likely, in
all the circumstances, to provoke or perpetuate in, or by a
reasonable person, intense dislike, serious contempt or severe
ridicule against a person or group of people because of age, colour,
gender, national or ethnic origin, disability, race, religion or sexual
preference.
2.6.3 A Licensee will not be in breach of clause 2.6.2 if the relevant
conduct is said or done reasonably and in good faith:
a) in broadcasting an artistic work (including comedy or
satire);
b) in the course of any broadcast with a public interest
purpose (including a statement, discussion or debate
concerning academic, artistic or scientific matters); or
c) in the course of a broadcast of a fair report of, or fair
comment on, a matter of public interest.

8
3. News and Current Affairs
3.1 Scope and Interpretation
3.1.1 Except where otherwise indicated, this section applies to news
Programs (including news flashes and updates) and Current Affairs
Programs.
3.1.2 Compliance with this Section 3 must be assessed taking into
account all of the circumstances at the time of preparing and
broadcasting the material, including:
a) the facts known, or readily ascertainable, at that time;
b) the context of the segment (or Program Promotion) in its
entirety; and
c) the time pressures associated with the preparation and
broadcast of such programming.
3.2 Material which may cause distress
3.2.1 In broadcasting a news or Current Affairs Program, a Licensee must:
a) not include material which, in the reasonable opinion of the
Licensee, is likely to seriously distress or seriously offend a
substantial number of viewers, having regard to the likely
audience of the Program, unless there is a public interest
reason to do so; and
b) include a spoken warning before a segment that contains
material which, in the reasonable opinion of the Licensee,
is likely to seriously distress or seriously offend a
substantial number of viewers having regard to the likely
audience of the Program; and
c) not broadcast reports of suicide or attempted suicide
unless there is a public interest reason to do so, and
exclude any detailed description of the method used, and
exclude graphic details or images; and
d) exercise sensitivity in broadcasting images of or interviews
with bereaved relatives or people who have witnessed or
survived a traumatic incident; and
e) have regard to the feelings of relatives and viewers when
including images of dead bodies or people who are
seriously wounded, taking into account the relevant public
interest.
3.3 Accuracy and fairness
3.3.1 In broadcasting a news or Current Affairs Program, a Licensee must
present factual material accurately and ensure viewpoints included
in the Program are not misrepresented.

9
3.3.2 Clause 3.3.1 applies to material facts and material
misrepresentations of viewpoints only.
3.3.3 Licensees must make reasonable efforts to correct or clarify
significant and material errors of fact that are readily apparent or
have been demonstrated to the Licensee’s reasonable satisfaction
in a timely manner.
3.3.4 If a Licensee makes a correction in an appropriate manner within 30
days of a complaint being received or referred to the ACMA
(whichever is later), then the Licensee will not be in breach of clause
3.3.1 in relation to that matter.
3.3.5 A correction under clause 3.3.4 may be made in one or more of the
following ways:
a) during a later episode of the relevant Program;
b) on a Licensee’s news website;
c) on the official website of the relevant Program; or
d) any other way that is appropriate in the circumstances.
3.4 Impartiality
3.4.1 In broadcasting a news Program, a Licensee must:
a) present news fairly and impartially;
b) clearly distinguish the reporting of factual material from
commentary and analysis.
3.4.2 Nothing in this Section 3 requires a Licensee to allocate equal time
to different points of view, or to include every aspect of a person’s
viewpoint, nor does it preclude a critical examination of or comment
on a controversial issue as part of a fair report on a matter of public
interest.
3.4.3 Current Affairs Programs are not required to be impartial and may
take a particular stance on issues.
3.5 Privacy
3.5.1 In broadcasting a news Program or Current Affairs Program, a
Licensee must not broadcast material relating to a person’s
personal or private affairs or which invades a person’s privacy,
unless:
a) there is a public interest reason for the material to be
broadcast; or
b) the person has provided implicit or explicit consent for the
material to be broadcast (or in the case of a person under
16, a parent or guardian has given implicit or explicit
consent).
Note: The broadcast of material that is publicly available or recorded in a public place
will generally not be material relating to a person’s personal or private affairs or
an invasion of privacy.

10
3.5.2 For the purposes of clause 3.5.1, a Licensee must exercise special
care before broadcasting material relating to a Child’s personal or
private affairs in a report of a sensitive matter concerning the Child.
3.6 Program Promotions for news and Current Affairs
Programs
3.6.1 In broadcasting a Program Promotion for a news or Current Affairs
Program, a Licensee must comply with this Section 3 as far as
practicable, having regard to its brevity.
3.6.2 A Licensee is not required by this clause to portray all aspects or
themes of a Program or Program segment in a Program Promotion,
or to represent all viewpoints contained in the Program or Program
segment.

11
4. Disclosure of Commercial Arrangements
4.1.1 If a Factual Program endorses or features a third party’s products or
services in accordance with a Commercial Arrangement, the
Licensee must bring this to the attention of viewers in accordance
with clause 4.1.3.
Note: Subclause 3.4.1(a) requires news Programs to be presented fairly and impartially.
Note: For the avoidance of doubt, a disclosure under clause 4.1.1 is not required for the
provision of products and services at no charge, including for the purposes of
review.

4.1.2 If a Licensee commissions the production of a Factual Program by

an independent producer, the Licensee will require the independent
producer to disclose the existence of any arrangement to endorse or
feature a third party’s products or services in return for payment or
other valuable consideration, in one or more of the ways set out at
clause 4.1.3.
4.1.3 A disclosure may be made in one or more of the following ways:
a) during the Factual Program; or
b) in the closing credits of the Factual Program; or
c) in a billboard appearing directly before, during or after the
Factual Program; or
d) on the official website of the Factual Program; or
e) any other way that adequately brings the arrangement to
the attention of viewers.
4.1.4 If a Program principally directed to Children endorses or features a
third party’s products or services in accordance with a Commercial
Arrangement, this must be presented as a discrete segment with
sponsorship clearly disclosed.

12
5. Advertising Limits
The rules in this section operate subject to other regulatory obligations
placed on Licensees, such as those in the Children’s Television Standards
2009.

5.1 Non-Program matter

5.1.1 For the purposes of this section, the following material is counted as
non-Program matter (unless it is exempt under section 5.2 below):
a) a Commercial, including bonus and make-good
advertisements;
b) a Program Promotion that is greater than 10 seconds in
length; and
c) material which otherwise satisfies the definition of
Commercial or Program Promotion, but occurs during a
Program and is in the form of superimposed text or visual
matter that occupies all of the screen during a Program.
5.2 Exempt non-Program matter
5.2.1 For the purposes of this section, the following is counted as exempt
non-Program matter:
a) a Program Promotion that is 10 seconds in length or less;
b) a prize, competition or information segment which refers to
commercial products or services;
c) product placement and commercial integration within a
Program, including material which refers to and/or depicts
commercial products or services or brands within a
Program in an integrated manner;
d) short Program excerpts broadcast during a Program break;
e) a Community Service Announcement;
f) an announcement on behalf of an election authority;
g) a sponsorship announcement, before or after a Program,
segment or other material, provided that:
i. it does not contain a direct reference to the
price of goods or services;
ii. it is made clear to the viewer either visually or
aurally that there is a sponsorship relationship
between the sponsor and the Program,
segment or other material;
iii. it consists of no more than 10 seconds in the
case of a single sponsor, or 10 seconds per
sponsor in the case of multiple sponsors, to a
maximum of 30 seconds in any instance;

13
h) a shopping guide, infomercial or similar material, in which
the presentation of advertising and information of general
interest is an integral part of the Program or segment
(including a shopping guide within a Program break that is
clearly distinguishable from other advertising e.g. as a
community billboard);
i) a promotion transmitted during the closing credits of a
Program;
j) superimposed text or visual matter occupying only part of
the screen during a Program;
k) any matter of the kind set out below, providing that it
contains no more than 30 seconds of visual material from
any Program or Programs broadcast by the station:
i. a spoken or visual announcement that a
Program will not be shown at the advertised
time;
ii. a spoken or visual listing/line-up or depiction of
Programs to be broadcast;
l) a brief announcement of the next Program (“next-on”);
m) a movie opener, namely a brief introductory sequence to a
feature film which typically identifies the station and the
film to be presented;
n) a Station ID, provided that there is no reference to the day
and/or time of broadcast of any Program or Programs;
o) a plot summary at the start of an episode of a Program
series or serial;
p) a Program trailer at the end of an episode of a Program
series or serial, provided that it is broadcast before the
commencement of the next Program;
q) a promotion, announcement, or information segment which
is broadcast without charge or consideration by the
Licensee and which promotes free to air television services
(including associated platforms such as HbbTV), provided
that no specific product or brand is promoted or endorsed
(unless that product or brand is Freeview, or other similar
group or organisation comprised of some or all free to air
television broadcasters). Such a promotion, announcement
or information segment may include reference to or
depictions of a specific Program, Programs or channel
broadcast by the Licensee, provided that the primary focus
of the spot is the promotion of free to air television.

14
5.3 Hourly limits – Primary Commercial Television
Broadcasting Services
5.3.1 This section 5.3 applies to a Licensee’s Primary Commercial
Television Broadcasting Service only.
5.3.2 On any day each Licensee may in each hour schedule on average no
more than the following amounts of non-Program matter:
a) between 6.00 pm and midnight outside election periods -
13 minutes;
b) between 6.00 pm and midnight in election periods - 14
minutes, provided that on average no more than 13
minutes per hour comprises non-Program matter that is not
political matter;
c) subject to subclause 5.3.2(d), at all other times - 15
minutes;
d) where the hour includes a news Program during an election
period - 16 minutes, provided that on average no more
than 15 minutes per hour comprises non-Program matter
that is not political matter.
5.3.3 In any hour, each Licensee may (provided that the averages in
clause 5.3.2 are satisfied) schedule the following amounts of non-
Program matter:
a) between 6.00 pm and midnight outside election periods –
up to 15 minutes per hour, but with no more than 14
minutes scheduled in any four of those hours;
b) between 6.00 pm and midnight in election periods – up to
15 minutes per hour, plus one minute per hour of non-
Program matter that is political matter;
c) at all other times outside election periods – up to 16
minutes;
d) at all other times in election periods – up to 16 minutes per
hour, plus one minute per hour of non-Program matter that
is political matter and scheduled in a news Program.
5.4 Hourly Limits – Multi-channels
5.4.1 This section 5.4 applies to a Licensee’s Multi-channels.
5.4.2 In any hour, each Licensee may schedule the following amounts of
non-Program matter:
a) between 6.00 pm and midnight outside election periods –
up to 15 minutes per hour;
b) between 6.00 pm and midnight in election periods – up to
15 minutes per hour, plus one minute per hour of non-
Program matter that is political matter;
c) at all other times– up to 16 minutes.

15
5.5 Make-Up of Non-Program Matter from Certain
Broadcasts
5.5.1 If a Licensee broadcasts:
a) the policy speech of a political party or a debate between
leaders of political parties; or
b) a Program or part of a Program of a clearly charitable or
community service nature (including telethons and other
Programs broadcast on behalf of a charity or community
service, or which carry a strong community service
message); or
c) extended coverage of a major news story or public event
(for example, disasters, funerals of public figures, events
of war);
with a reduced amount of non-Program matter than permitted by
clauses 5.3.2 and 5.4.2, then the Licensee may schedule elsewhere
additional non-Program matter equivalent to the shortfall, and the
additional non-Program matter will not be included in the calculation
of the number of minutes of non-Program matter permitted in that
hour under section 5.3 or 5.4 (or the calculation of the average
number of minutes). That additional non-Program matter may be
scheduled on that day or on other days within 14 days before or
after the broadcast, up to a maximum of one minute per hour.
Where the shortfall occurs in off-peak (midnight – 6.00pm), the
additional matter must be scheduled in off-peak.
5.5.2 Where the amount of non-Program matter scheduled during any
hour of a broadcast of a Live Sporting Event is less than the average
permitted under clauses 5.3.2 and 5.4.2, additional non-Program
matter may be scheduled during breaks from the live action
(including pre-match, post-match & half-time coverage) or
elsewhere on that day. Where the shortfall occurs in off-peak
(midnight – 6.00 pm), the additional matter must be scheduled in
off-peak. However, a Licensee must ensure that:
a) the amount of non-Program matter made up does not
exceed one minute in any hour; and
b) the averages required by clause 5.3.2 are maintained.
5.6 Assessing compliance with advertising limits
5.6.1 In determining compliance with this section, the amount of non-
Program matter indicated on the Final Schedules will be used as the
reference point.
5.6.2 The amount of non-Program matter set out in the Final Schedules
for an hour must not exceed the hourly limit in clause 5.3.3. The
only exception permitted is where non-Program matter originally
intended to fall in one hour (Hour A) is scheduled in an adjoining

16
 hour (Hour B) because of the length of a Program segment or
segments. This exception is subject to the following conditions:
a) the station’s earlier schedule prepared prior to the
determination of break start times shows that the non-
Program matter falling in Hour B was intended to fall in
Hour A; and
b) no more than one break intended in the earlier schedule
to fall in Hour A is scheduled in Hour B in the Final
Schedules; and
c) the amount of non-Program matter contained in that
break in Hour B in the Final Schedules, when combined
with the amount of non-Program matter contained in Hour
A in the Final Schedules, would not have exceeded the
relevant limit for Hour A.
5.6.3 Clause 5.6.2 does not prevent non-Program matter which was
intended in the earlier schedule to fall in another adjacent hour to
also be scheduled in Hour A or Hour B in the Final Schedules,
provided that the scheduling satisfies the conditions set out in
subclauses 5.6.2(a) – (c). In such circumstances, the calculation in
subclause 5.6.2(c) would be performed separately in relation to
each occurrence.
5.7 Additional requirements
5.7.1 Television advertisers are expected to ensure that advertisements
(or other marketing communications) comply with the following
Codes, as amended from time to time:
a) the AANA Code of Ethics;
b) the AANA Code for Marketing & Advertising
Communications to Children;
c) the AANA Food and Beverages: Advertising and Marketing
Communications Code;
d) the AANA Environmental Claims in Advertising and
Marketing Code; and
e) the ABAC Responsible Alcohol Marketing Code, where
applicable.
5.7.2 A Licensee will only broadcast a Commercial that complies with the
requirements of Free TV’s Operational Practice Notes 48 (Audio
Levels and Loudness) and 59 (Measurement and Management of
Loudness in Soundtracks for Television Broadcasting), as amended
from time to time. This will be satisfied if a person submitting the
Commercial certifies compliance with all requirements.

17
6. Advertising restrictions
6.1 Application
6.1.1 In this Section, Commercials include information within Programs or
segments of Programs for which Licensees receive payment or other
valuable consideration (excluding the free/discounted provision of
products or services).
Note: These requirements do not apply where goods or services are provided free of
charge or at a discount for use on the production of a Program, such as for the
purposes of review, or as set dressing/props, or access to a setting/location,
unless the Licensee also receives some other form of payment or valuable
consideration.

6.2 Alcoholic Drinks

6.2.1 A Commercial for Alcoholic Drinks may be broadcast at any of the
following times:
a) in the M and MA15+ classification zones set out in Section
2 (except between 5.00 am and 6.00 am, and 7.30 pm and
8.30 pm); and
b) as an accompaniment to a Sports Program on a Weekend
or a Public Holiday; and
c) as an accompaniment to the broadcast of a Live Sporting
Event broadcast simultaneously across more than one
licence area, if one of subclauses (a) or (b) is satisfied for:
i. the licence area in which the Live Sporting
Event being broadcast is held, for an event
taking place in Australia;
ii. the majority of metropolitan licence areas in
which the Live Sporting Event is shown, for an
event taking place overseas.
6.3 Intimate products and services
6.3.1 A Commercial or Community Service Announcement for condoms or
other contraceptive products must not be broadcast in a Program
that is classified G or lower, unless it contains a public health or
safety message.
6.3.2 A Commercial for a sex service (including a sex line) must only be
broadcast between 11.00 pm and 5.00 am.
6.4 Films and computer games
6.4.1 A Licensee must not broadcast a Commercial for a Film classified
X18+.

18
6.4.2 A Commercial for a Film classified R18+ (including for purchase as
a DVD or Blu-Ray) or a computer game classified R18+ may only be
broadcast in the M and MA15+ classification zones set out in Section
2 (except between 5.00 am and 6.00 am, and 7.30 pm and 8.30
pm).
Note: These provisions apply regardless of the classification of the relevant Commercial
or other material.

6.5 Betting and gambling

6.5.1 A Commercial relating to betting or gambling must not be
broadcast:
a) in any Program classified G or lower between:
i. 6.00 am and 8.30 am; and
ii. 4.00 pm and 7.00 pm; and
b) during any Program that is broadcast between 5.00 am
and 8.30 pm and principally directed to Children.
6.5.2 For the avoidance of doubt, the restrictions in clause 6.5.1 do not
apply during news, Current Affairs or Sports Programs.
6.5.3 The restrictions at clause 6.5.1 do not apply to the following:
a) a Commercial relating to such things as Government
lotteries, lotto, keno or contests;
b) a Commercial relating to entertainment or dining
facilities at places where betting or gambling take place,
or a tourism Commercial which incidentally depicts
betting or gambling, provided in each case that the
contents do not draw attention to betting or gambling in
a manner calculated to directly promote their use.
Note: Appendix 3 sets out separate restrictions on Commercials relating to Betting and
Gambling and Promotion of Odds which are broadcast during a Live Sporting
Event.

19
7. Feedback and Complaints
7.1 Feedback
7.1.1 Licensees welcome feedback from viewers at all times. Feedback is
an informal way for viewers to communicate their views to a
Licensee and can be provided via a number of methods, including
by telephone, via social media or by letter.
7.1.2 Feedback is distinguished from a Code Complaint, which is a formal
complaint made about a matter covered by this Code of Practice,
and which must satisfy the criteria set out at section 7.2.
7.2 Code Complaints
7.2.1 A Code Complaint must be made in one of the following ways:
a) in writing, posted to the person and address nominated by
the Licensee in the table at Appendix 2; or
b) if the Licensee is a Free TV member, by lodging an
electronic form on the Free TV Australia website.
Note: Where, by reason of a disability, a complainant cannot lodge a complaint that
satisfies the requirements of clause 7.2.1, a telephone complaint or a complaint
in another audio format accessible by the Licensee will be a Code Complaint,
provided in each case that it otherwise satisfies the criteria in section 7.2.
7.2.2 A Code Complaint must contain the following information:
a) sufficient detail about the material broadcast (such as the
approximate date, time, channel and service/location, and
name or brief description of the material);
b) the nature of the complaint;
c) the identity of the complainant; and
d) accurate contact details (including address).
Note: An address may be a PO Box or c/o address.
7.2.3 A Code Complaint must be:
a) about a matter covered by the Code;
b) about a matter that the complainant has seen broadcast by
the Licensee in Australia; and
c) received within 30 days of the relevant broadcast.
Notes: For example, material that appears on an internet site (whether operated by the
Licensee or another person), in social media, or on a social media app is not
covered by the Code.
If a person has recorded the broadcast on a personal video recorder (PVR) and
viewed it at a later time, then a complaint may still be made, so long as it is
within 30 days of the original broadcast, as required by subclause 7.2.3(c).
7.2.4 A Code Complaint under section 3.5:
a) can only be made by the person (or a representative of the
person) who considers their privacy was intruded upon;
and
b) is not subject to subclause 7.2.3(b).
Note: For the avoidance of doubt, a privacy complaint under section 3.5 must still relate
to material that has been broadcast by the Licensee in Australia, and be received
within 30 days of the broadcast.
7.3 Responding to Code Complaints

20
7.3.1 A Licensee must send a written response to a Code Complaint within
30 Working Days of receiving the complaint, unless one or more of
subclause 7.3.3(b) to clause 7.3.5 (inclusive) apply.
7.3.2 A written response provided by a Licensee under clause 7.3.1 will
inform the complainant that they may refer the complaint to the
ACMA if they are not satisfied with the response.
7.3.3 The Advertising Standards Bureau (ASB) administers a national
system of advertising self-regulation. Licensees will use their best
efforts to refer complaints to the ASB where the ASB is better placed
to deal with the substance of the issues raised. In particular, as a
general rule, complaints received by a Licensee in relation to an
advertisement or other marketing communication broadcast by the
Licensee for a third party will be dealt with as follows:

a) A complaint that (in the Licensee’s reasonable opinion)

predominantly relates to the placement/scheduling or
classification or the amount of advertising/non-Program
matter, should be treated as a Code complaint and
responded to in accordance with clause 7.3.1;
b) A complaint that (in the Licensee’s reasonable opinion)
predominantly relates to the content of an advertisement
or other marketing communication (and not to
placement/scheduling or classification), should be referred
to the ASB. A complaint so referred will not be treated as a
Code Complaint.
7.3.4 If a Code Complaint received by a Licensee relates to material
provided on broadcast relay by another Licensee, or was otherwise
the responsibility of another Licensee, the first Licensee may refer
the Code Complaint to that Licensee (the second Licensee) within 10
Working Days of receipt of the complaint. The second Licensee will
have 30 Working Days from receipt of the referred Code Complaint
to provide a response to the original complainant.

21
7.3.5 A Licensee is not required to provide a written response to a Code
Complaint that:
a) is frivolous, vexatious, or an abuse of the Code process;
b) is offensive or vulgar;
c) is the second or later complaint in a series of complaints
from a single person about a Program or series of Programs
and does not raise new and distinct issues; or
d) expressly indicates a response is not required.
7.3.6 If a Code Complaint is about a broadcast that the Licensee is aware
is the subject of threatened or formal proceedings in any Court or
Tribunal in Australia, where the Licensee or any of its agents or
employees is a party or intended party, then the Licensee may
choose not to treat the matter as a Code Complaint, provided that
the Licensee acknowledges receipt of the complaint in writing and
indicates the reason the matter will not be dealt with under the
Code.
7.4 Transparency
7.4.1 Each Licensee will maintain records regarding the number and
substance of Code Complaints received. Free TV members will
provide these to Free TV.
7.4.2 Free TV will provide the ACMA with an annual report containing a
summary of the number and substance of Code Complaints received
by Licensees who are members of Free TV.
7.4.3 A Licensee must broadcast at least 180 Community Service
Announcements in each calendar year across all classification zones
containing information about the Code and how to obtain copies of
the Code.

22
8. Interpretation
In this Code, where a word appears in the singular it also applies in the
plural, unless otherwise specified.
In this Code, unless the contrary intention appears, the following words
have the meaning set out below:

ACMA means the Australian Communications and Media Authority.

Act means the Broadcasting Services Act 1992 (Cth).

Alcoholic Drink means a beverage which at 20° Celsius contains more

than 1.15 per cent alcohol by volume.

Child means a person under the age of 15.

Code Complaint means a complaint received by a Licensee about a

matter that is directly covered by this Code of Practice and complies
with the requirements set out at section 7.2.

Commercial means any advertising for a product, service, belief or

course of action which is scheduled within a Program break or between
Programs, and for which a Licensee receives payment or other valuable
consideration. Commercial also includes superimposed text or visual
matter occupying only part of a screen during a Program, for which the
Licensee receives payment or other valuable consideration, except for
the purposes of Section 5.

Commercial Arrangement means an arrangement under which a

Licensee, or a presenter employed by a Licensee, agrees with a third
party to endorse or feature the third party’s products or services in a
Factual Program in return for payment or other valuable consideration.

Commercial for Alcoholic Drinks means a Commercial that directly

promotes the use or purchase of one or more Alcoholic Drinks. It does
not include:
a) Program sponsorship announcements which make no
direct reference to the price of goods or services;
b) a Commercial which does not directly promote an
Alcoholic Drink for an entity or company that participates
in the manufacture, distribution or sale of Alcoholic
Drinks;
c) a Commercial where alcohol or a brand associated with
alcohol is incidental and any alcohol consumption
responsibly depicted;
d) a Commercial for a licensed restaurant or club,
entertainment venue, tourist attraction or dining

23
 establishment.

Community Service Announcement means an announcement or

other material broadcast by a Licensee, which promotes a charitable
cause or activity or which constitutes a service to the community, and
for which the Licensee does not receive payment or other valuable
consideration.

Consumer Advice means information regarding the key elements that

contributed to a classification of a Program.

Current Affairs Program means a Program focusing on social,

economic or political issues of current relevance to the community.

Documentary Program has the same meaning as in the Broadcasting

Services (Australian Content) Standard 2010 or subsequent equivalent
instrument made pursuant to section 122 of the Act.

Exempt non-Program matter means the material listed at section

5.2.

Factual Program means a Current Affairs Program, Infotainment

Program or Documentary Program.

Film means any feature film, documentary or short film that has had
first release in Australia through public exhibition (including cinematic
release) or sale/hire and which has been classified by the Classification
Board.

Final Schedules are the last schedules prepared prior to broadcast,

which indicate the scheduled commencement time of each break and
identify the items to be broadcast within the break. The Final Schedules
are intended to be used in the final presentation of a Program.

Freeview means Freeview Australia Pty Limited, the company formed

by some or all Australian free-to-air television broadcasters to promote
the free to view platform.

Infotainment Program means a Program which has the sole or

dominant purpose of presenting factual information in an entertaining
way through one or more presenters.

Licensee means a person who is licensed to provide a commercial

television broadcasting service pursuant to Part 4 of the Act.

Live Sporting Event includes:

24
 a) live-to-air sporting broadcasts;
b) broadcasts delayed in the licence areas in which the
event is being held pursuant to a requirement of the
relevant sporting organisation (“delay against the gate”);
c) sporting broadcasts delayed for time zone reasons and
broadcast as plausible live.

Multi-channel means a commercial television broadcasting service

authorised by a Licensee’s commercial television broadcasting licence,
excluding the Primary Commercial Television Broadcasting Service.

Primary Commercial Television Broadcasting Service means the

primary commercial television broadcasting service declared by the
ACMA.

Program means material the primary purpose of which is to entertain,

educate or inform an audience and excludes matter such as
Commercials, Community Service Announcements, Station ID and
Program Promotions and all other matter set out in sections 5.1 and 5.2.
Program includes a Film.

Program Promotion means material broadcast by a Licensee within a

Program break or between Programs which is designed to promote or
draw attention to a Program on the Licensee’s broadcasting services
and includes reference to the date and time of the Program which is
being promoted.

Public Holiday means a day proclaimed, Gazetted or nominated as a

public holiday under the relevant State or Territory legislation. Where a
licence area covers areas in which different Public Holidays are
observed, the Public Holidays for the area containing the largest
proportion of the population of the licence area will apply.

School Day means a weekday that is not during the School Holidays
and is not a Public Holiday.

School Holidays means Government primary school holidays in the

relevant State or Territory. Where a licence area covers areas in which
different School Holidays are observed, the School Holidays for the area
containing the largest proportion of the population of the licence area
will apply.

Sports Program means a Program predominantly consisting of:

a) coverage of a sporting event (whether live, replay or

25
 highlights);
b) sporting commentary, analysis, interviews and news;
c) presentations/awards and ceremonies associated with a
sporting event;
but does not include comedy or light entertainment/variety programs
with a sports theme or association.

Station ID means material broadcast by a Licensee which is designed

to promote or draw attention to the Licensee’s broadcasting services.

Weekends commence at 6.00 pm on a Friday and conclude at midnight

on the following Sunday.

Working Days means Monday to Friday (inclusive), excluding Public

Holidays in the relevant State or Territory. Where a licence area covers
areas in which different Public Holidays are observed, the Public
Holidays for the area containing the largest proportion of the population
of the licence area will apply.

26
 Appendix 1: Television Classification Guidelines
These Guidelines apply to all broadcast material required to be classified,
except for Films (see clause 2.3.1).
Using these guidelines: essential principles
The suitability of material for broadcast will depend on the context,
frequency and intensity of key elements such as violence, sexual
behaviour, nudity and coarse language, and on the time of day at which it
is broadcast. It will also depend on such factors as the merit of the
production, the purpose of a sequence, the tone, the camera work, the
relevance of the material, and the treatment; be it dramatic, comedic or
documentary.
These factors must be all taken into account and carefully weighed. This
means that some actions, depictions, themes, subject matter, treatments
or language may meet current community standards of acceptability in
one Program, but in another Program may require a higher classification,
or be unsuitable for television. In other circumstances sequences that
clearly depict comedy or slapstick behaviour may reduce the
classification.

Children’s (C) and Preschool Children’s (P) Classifications

Material classified C or P must satisfy the requirements of the ACMA’s

Children’s Television Standards.

The General (G) Classification

Material classified G is not necessarily intended for children but it must be
very mild in impact and must not contain any matter likely to be
unsuitable for children to watch without supervision. All elements must be
justified by context.
Violence: Depictions of physical and psychological violence must be very
restrained. The use of weapons, threatening language, sounds or special
effects must have a very low sense of threat or menace, must be
infrequent and must not show violent activity to be acceptable or
desirable.
Sex: Depictions of, and verbal references to, sexual activity must be
brief, infrequent, and contain little or no detail.
Nudity: Restrained, brief and infrequent visual depiction of nudity only
when absolutely necessary to the story line or program context.
Language: Very mild coarse language considered socially offensive or
discriminatory may only be used infrequently when absolutely justified by
the story line or program context.

27
Drugs: Depictions of, or verbal reference to, illegal drugs must be
absolutely justified by the story line or program context, contain very little
detail and be handled with care. The program must not promote or
encourage drug use in any way. The use of legal drugs must also be
handled with care.
Suicide: Only limited and careful verbal reference to suicide is
acceptable, when absolutely justified by the story line or program context,
and provided that it is not presented as romantic, heroic, alluring or
normal.
Themes: Themes dealing with social or domestic conflict must have a
very low sense of threat or menace to children.
Dangerous imitable activity: Dangerous imitable activity should only
be shown when absolutely justified by the story line or program context,
and then only in ways which do not encourage dangerous imitation.
Other: Music, special effects and camera work may be used to create an
atmosphere of tension or fear, but the overall impact should be very mild.

The Parental Guidance Recommended (PG) Classification

Material classified PG may contain adult themes or concepts but must be
mild in impact and remain suitable for children to watch with supervision.
All elements must be justified by context.
Violence: Depictions of violence must be inexplicit and restrained. More
leeway is permitted when the depiction is stylised and/or unrealistic.
Sex: Depictions of and verbal reference to sexual activity must be
restrained.
Nudity: Restrained depictions of nudity are permitted.
Language: Mild or socially offensive coarse language may be used
infrequently, when justified by the story line or program context.
Drugs: Depictions of and restrained verbal reference to illegal drug use
are permitted, but the program must not promote or encourage illegal
use. The use of legal drugs must be handled with care.
Suicide: Visual depiction of and verbal reference to suicide or attempted
suicide must be inexplicit and restrained. It must not be presented as the
means of achieving a desired result or as an appropriate response to
stress, depression or other problems.
Themes: The treatment of social or domestic conflict and psychological
themes should be carefully handled. Supernatural or mild horror themes
may be included.

The Mature (M) Classification

Material classified M is for mature audiences. It is recommended for
viewing only by persons aged 15 years or over. The impact must be

28
moderate (i.e. higher than mild but lower than strong). All elements must
be justified by context.
Violence: Depictions of violence may be realistically shown only if they
are not detailed or prolonged. Any depiction of or verbal reference to
violence occurring in a sexual context must be infrequent and restrained,
and strictly justified by the story line or program context.
Sex: Depictions of sexual activity may be implied or simulated in a
restrained way. Verbal references to sexual activity may be more detailed
than depictions if this does not increase the impact.
Nudity: Depictions of nudity are permitted but must not be detailed if in a
sexual context.
Language: The use of coarse language is permitted but aggressive or
strong coarse language should be infrequent overall.
Drugs: The use of illegal drugs may be shown but the program must not
promote or encourage their use.
Suicide: Suicide must not be promoted or encouraged by the program
and methods of suicide must not be instructional or shown in realistic
detail.
Themes: Most adult themes can be dealt with, but intense adult themes
should be handled with care.

The Mature Audience (MA) Classification 15+

Material classified MA is suitable for viewing only by persons aged 15
years or over because of the intensity and/or frequency of violence,
sexual depictions, or coarse language, adult themes or drug use. The
impact may be strong. All elements must be justified by context.
Violence: Realistic depictions may contain some detail, but should not
be prolonged and should not be unduly bloody or horrific. Violence
occurring in a sexual context may be implied and must not be detailed.
Sex: Depictions of implied sexual activity may contain detail. Non-
consenting sexual relations must not be depicted as desirable. Verbal
sexual references may be detailed.
Nudity: Depictions of nudity must be justified by the narrative context.
Language: The use of very coarse language must be appropriate to the
story line or program context and not overly frequent or impactful.
Drugs: No detailed depiction of intravenous use of illegal drugs. The
program must not promote or encourage the use of illegal drugs.
Suicide: Methods of suicide should not be shown in realistic detail. The
program must not promote or encourage suicide.
Themes: The treatment of strong adult themes should be justified.

29
 Appendix 2: Television Station Contacts for Code
Complaints
A Code Complaint under section 7.2 of the Code can be made online via the Free
TV website (www.freetv.com.au), or in writing to the following addresses:

Complaints Officer
Seven Network Pty Limited
PO Box 777
PYRMONT NSW 2009
Complaints Officer
Nine Network Pty Ltd
PO Box 27
WILLOUGHBY NSW 2068
Complaints Officer
Network Ten Limited
GPO Box 10
SYDNEY NSW 2000
Complaints Officer
WIN Television NSW Pty Ltd
Locked Bag 8800
WOLLONGONG NSW 2500

Complaints Officer
Prime Television
Written complaints to any Licensee may also be sent
PO Box 878
DICKSON ACT 2602 to:
Complaints Officer Code Complaints
Southern Cross Free TV Australia
46 Aspinall Street
44 Avenue Road
WATSON ACT 2602
MOSMAN NSW 2088
Complaints Officer
Imparja Television Pty Ltd
PO Box 52
ALICE SPRINGS NT 5750
Complaints Officer
NBN Limited
PO Box 750
NEWCASTLE NSW 2300

30
Appendix 3: Restrictions on Promotion of Odds and
Commercials relating to Betting and Gambling which are
broadcast during a Live Sporting Event

Commercials relating to Betting or Gambling during a Live

Sporting Event

5.00am to 8.30pm
3.1 From 5.00am to 8.30pm a Commercial relating to Betting or
Gambling during the broadcast by the Licensee of a Live Sporting
Event is not permitted:
from:
3.1.1 five minutes before the Scheduled Start of Play of the Live
Sporting Event, where live-to-air coverage of Play
commences no earlier than the Scheduled Start of Play;
3.1.2 in all other cases, five minutes before the broadcast of the
first Program that includes the Live Sporting Event;
to:
3.1.3 five minutes after the conclusion of live-to-air coverage of
Play by the Licensee or 8.30pm, whichever is sooner.
3.2 The restrictions at clause 3.1 above do not apply to:
3.2.1 program that is not a Related Program and:
(a) that is broadcast within a planned suspension of
coverage of a Live Sporting Event or a Scheduled Break;
and
(b) that is at least 30 minutes duration; and
(c) the start time of which is either:
a. Listed in the Licensee’s EPG at least 24 hours prior
to the broadcast of the program; or
b. Published on the Licensee’s website at least 24
hours prior to broadcast of the program and notified
to relevant EPG providers at least 24 hours prior to
broadcast of that program.
3.2.2 a program that is not a Related Program and that is:
(a) broadcast within an Unscheduled Break or due to
changes in the broadcast schedule; and
(b) at least 30 minutes duration; and

31
 (c) accompanied by an advice in the form of a pull through
or announcement that alerts the viewer that the Live
Sporting Event will be suspended;
3.2.3 a live cross to a Live Sporting Event, from within a program
that is not a Related Program, so long as the total duration of
all live crosses to Live Sporting Events within the program is
no more than five minutes in any 30 minute period. The 30
minute period will be based on the time of commencement of
the program.
For the avoidance of doubt, a live cross as contemplated in
this clause will not make the program a Related Program.

3.3 Any Commercial relating to Betting and Gambling broadcast

pursuant to clauses 3.2.1 or 3.2.2 must not be broadcast:
3.3.1 within five minutes immediately following the suspension of
the broadcast of the Live Sporting Event; or
3.3.2 five minutes immediately before the re-commencement of
the broadcast of the Live Sporting Event.
8.30pm to 5.00am

3.4 From 8.30pm to 5.00am a Commercial relating to Betting or

Gambling during the broadcast by the Licensee of a Live Sporting
Event is permitted only:
(a) before Play;
(b) during Scheduled Breaks;
(c) during Unscheduled Breaks; and
(d) after Play.

Promotion of Betting Odds

3.5 The Promotion of Betting Odds by Commentators during a Live
Sporting Event is not permitted at any time:
(a) from 30 minutes before Play;
(b) to 30 minutes after Play.
5.00am to 8.30pm
3.6 From 5.00am to 8.30pm, a Promotion of Betting Odds during the
broadcast of a Live Sporting Event by the Licensee is not permitted:
from:

3.6.1 five minutes before the Scheduled Start of Play of the Live
Sporting Event, where live-to-air coverage of Play
commences no earlier than the Scheduled Start of Play;

32
 3.6.2 in all other cases, five minutes before the broadcast of the
first Program that includes the Live Sporting Event

to:

3.6.3 five minutes after the conclusion of live-to-air coverage of

Play by the Licensee or 8.30pm, whichever is sooner.

3.7 The restrictions at clause 3.6 above do not apply to:

3.7.1 a program that is not a Related Program and:
(a) that is broadcast within a planned suspension of
coverage of a Live Sporting Event or a Scheduled Break;
and
(b) that is at least 30 minutes duration; and
(c) the start time of which is either;
a. Listed in the Licensee’s EPG at least 24 hours prior to
the broadcast of the program; or
b. Published on the Licensee’s website at least 24 hours
prior to broadcast of the program and notified to
relevant EPG providers at least 24 hours prior to
broadcast of that program;
3.7.2 a program that is not a Related Program and that is:
(a) broadcast within an Unscheduled Break or due to
changes in the broadcast schedule; and
(b) at least 30 minutes duration; and
(c) accompanied by an advice in the form of a pull through
or announcement that alerts the viewer that the Live
Sporting Event will be suspended; and
3.7.3 a live cross to a Live Sporting Event, from within a program
that is not a Related Program, so long as the total duration of
all live crosses to Live Sporting Events within the program is
no more than five minutes in any 30 minute period. The 30
minute period will be based on the time of commencement of
the program.
For the avoidance of doubt, a live cross as contemplated in this
clause will not make the program a Related Program.
3.8 Any Promotion of Betting Odds broadcast pursuant to clauses 3.7.1
or 3.7.2 must not be broadcast:
3.8.1 within five minutes immediately following the suspension of
the broadcast of the Live Sporting Event; or
3.8.2 five minutes immediately before the re-commencement of
the broadcast of the Live Sporting Event.

33
8.30pm to 5.00am

3.9 From 8.30pm to 5.00am the Promotion of Betting Odds during a Live
Sporting Event is permitted only:
(a) before Play; and
(b) after Play.
3.10 From 8.30pm to 5.00am, the prohibition at clause 3.9 does not
prevent a Promotion of Betting Odds (in the form of spot
commercials or paid, clearly identified sponsorship segments,
delivered by persons other than Commentators) during a Long Form
Live Sporting Event, in accordance with the rules set out below:
(a) during Play, as part of a distinct break of 90 seconds,
and otherwise in accordance with the rules set out below
for each Long Form Live Sporting Event:

Tennis Not more than once per Session.

To be placed between matches
where the broadcast moves from
one match to another.

Golf Not more than once on each day of

competition.

Formula 1, Moto GP and Not more than once on each day of

Supercars competition.
To be placed no later than the end
of the warm-up lap for Supercars
Championship Series Race, or the
relevant feature race.

Cricket Not more than once on each day of

competition.
To be placed between Sessions.

Olympic and Commonwealth Not more than once every 3 hours

Games on each day of competition.

Other Not more than once on each day of

competition.

provided that the Promotion of Betting Odds is not for a race,

event, match or game that has already commenced.

34
Representatives of gambling organisations
3.11 During a Live Sporting Event, a representative of a gambling
organisation must be clearly identified at all times and must not:
(a) appear as a Commentator; or
(b) appear in a Promotion of Betting Odds, or a Commercial
relating to Betting or Gambling, at or around the venue,
or be represented as being at or around the venue,
where the game or match which is the subject of the
Live Sporting Event is taking place.
General
3.12 The Promotion of Betting Odds and Commercials relating to Betting
or Gambling during a Live Sporting Event must be accompanied by a
Responsible Gambling Message.
3.13 The Promotion of Betting Odds and Commercials relating to Betting
or Gambling must not:
(a) be directed to children;
(b) portray children as participating in betting or gambling;
(c) portray betting or gambling as a family activity;
(d) make exaggerated claims;
(e) promote betting or gambling as a way to success or
achievement; or
(f) associate betting or gambling with alcohol.

3.14 The Promotion of Betting Odds and Commercials relating to Betting

or Gambling must be socially responsible and not mislead the
audience.
3.15 Where live-to-air coverage of a Live Sporting Event is broadcast on
or across multiple channels, the restrictions in this Appendix 3 apply
separately to each channel solely for the period that coverage of a
Live Sporting Event is broadcast on that channel.
Exceptions
3.16 It will not be a breach of this Appendix 3 where:
(a) a failure to comply arises from a Live Sporting Event
originating from outside Australia; and
(b) the Licensee has not added the Promotion of Betting
Odds or the Commercial relating to Betting or Gambling;
and
(c) it is not reasonably practicable to remove material that
includes the Promotion of Betting Odds or a Commercial
relating to Betting or Gambling; and
(d) the Licensee does not receive any direct or indirect
benefit for the Promotion of Odds or the Commercial

35
 relating to Betting or Gambling in addition to any direct
or indirect benefit received from broadcasting the event.
3.17 This Appendix 3 does not apply to a Live Sporting Event that focuses
on live horse, harness or dog racing.
3.18 This Appendix 3 does not apply where the viewer’s exposure to the
Promotion of Betting Odds or Commercials relating to Betting or
Gambling is the result of an active choice to switch to an alternative
service related to the broadcasting of the event (for example, by
accessing a URL or subscription service).
3.19 Clauses 3.1.2 and 3.6.2 will not be contravened in respect of any
Promotion of Betting Odds or Commercial relating to Betting or
Gambling broadcast during a Live Sporting Event in circumstances
where:
(a) the Live Sporting Event has a Scheduled Start of Play;
and
(b) live to air coverage of Play commences at a different
time to the Scheduled Start of Play; and
(c) the Licensee was only made aware less than one hour
prior to the broadcast of the first program that includes
the Live Sporting Event, that the commencement of Play
would be different to the scheduled start time for that
event; and
(d) there would have been no contravention had Play
commenced at or after the Scheduled Start of Play.
Time Zones
3.20 Where a Live Sporting Event is broadcast simultaneously across
more than one licence area, the relevant time-zone for the
application of this Appendix 3 is the time-zone that applies in the
licence area.

3.21 Where a Licensee’s licence area covers areas in which different

time-zones are observed, the time-zone for the part of the licence
area that contains the largest proportion of the population will
apply.
Commencement
3.22 The commencement date of this Appendix is 30 March 2018.

36
DEFINITIONS
In this Appendix 3:
Accidental means an unscripted and unplanned reference (including
remarks by a Commentator) for which the Licensee does not receive any
direct or indirect benefit (whether financial or not, and in addition to any
direct or indirect benefit that the Licensee receives for the broadcast).

Betting Odds means comparative, generally monetary, odds offered in

respect of a game or event for a bet on the chance of any occurrence or
outcome within that particular game or event, or the overall outcome of
the game or event. For the avoidance of doubt, Betting Odds includes
comparative odds offered in respect of horse, harness or greyhound
racing.
Commentator means a person who is a host, guest, or is otherwise
participating in, a Live Sporting Event and includes a person calling, or
providing analysis on, the sporting event or game. It does not include
discrete and distinguishable contributors, including clearly identified
representatives of gambling organisations.

Commercial relating to Betting or Gambling means a distinct

promotional reference to:
(a) a gambling or betting service; or
(b) a gambling or betting organisation that provides generic
information about the organisation’s brand, business or
services.
A Commercial relating to Betting or Gambling does not include:

 a commercial relating to such things as Government sanctioned

lotteries, lotto, keno or competitions;
 a commercial relating to entertainment or dining facilities at
places where betting or gambling takes place, or a tourism
commercial which incidentally refers to betting or gambling,
provided in each case that the contents do not draw attention
to betting or gambling in a manner calculated to directly
promote their use;
 a reference that is Accidental; or
 a reference that is an Incidental Accompaniment.

Incidental Accompaniment means a reference or other material which

occurs in the normal course of broadcasting a Live Sporting Event for
which the Licensee does not receive any direct or indirect benefit
(whether financial or not, and in addition to any direct or indirect benefit
that the Licensee receives for broadcasting the Live Sporting Event) and
includes:

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 (a) the name of a sporting venue; and
(b) a player’s or official’s uniform; and
(c) advertising or signage at the venue of the Live Sporting
Event, for example, on a field barrier, big screen or
scoreboard.
Live Sporting Event means live-to-air coverage of a sporting event that
includes Play. A Live Sporting Event includes a Long Form Live Sporting
Event.
Live-to-air includes:

(a) a delay of less than 90 minutes where broadcast as

plausible live without reformatting; and
(b) replay material during Play and any Unscheduled Break
in Play.
Long Form Live Sporting Events include:

 sporting events of extended duration, such as golf, cricket

(excluding 20/20 cricket) and motor sports events;
 tournaments for single sports that involve concurrent games or
matches, such as tennis championships; and
 multi-sport events, such as the Olympic and Commonwealth
Games.
Play means the period of the actual run of play or active progress of the
sporting event which is the subject of a Live Sporting Event. It commences
at the formal commencement of the relevant match/game, race or similar
(for example, first siren, whistle, coin toss or the commencement of active
play as applicable), and concludes at the formal conclusion of play (for
example, final siren, whistle or the conclusion of active play) for the
relevant match, game, race or similar. In respect of Long Form Live
Sporting Events over multiple days and/or involving multiple concurrent
matches or events, Play commences at the formal commencement of the
first match, game or race or each day, and ends at the conculsion of
active play of each day.

Play includes ad hoc unscheduled breaks such as:

 stoppages for injuries; and
 stoppages for adjudication by third or TV umpires/referees; and
 time outs and substitutions in games such as basketball.
Promotion of Betting Odds means a distinct promotional reference that
provides Betting Odds and includes any writing, still or moving pictures,
signs, symbols or other visual images or any audible message/s (or any
combination of those things). It does not include a reference that is:
(a) Accidental; or
(b) an Incidental Accompaniment.

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Related Program means a program that:

(a) is hosted and/or takes place at the venue of the Live

Sporting Event; or
(b) contains commentary or analysis on the Live Sporting
Event; or
(c) contains highlights or replay coverage of the Live
Sporting Event; or
(d) involves or profiles participants in the Live Sporting
Event.
A news or current affairs program will not be a Related Program where the
items in (b), (c) and/or (d) form no more than an insubstantial part of the
program as a whole.
Responsible Gambling Message means a short statement designed to
encourage the listener and/or viewer to gamble responsibly. Responsible
Gambling Messages include statements required by State Laws and
industry codes of practice or where not required by law or a code,
includes: "Gamble Responsibly", "[name of advertiser] supports
responsible gambling", "Bet within your limits", or "Stay in control when
gambling".
Scheduled Breaks means stoppages in a sporting event or game that is
the subject of a Live Sporting Event. A Scheduled Break will differ
depending on the sporting event or game that is the subject of the
broadcast, for example:

Sport Scheduled Break

Test Cricket Between each Session (ie., lunch break

and tea break)
Drinks break
Change of innings

One Day Between each Session / Change of

International Cricket innings
Drinks break

T20 Cricket Between each Session / Change of

innings
Between the conclusion of second
innings and Super Overs
Between Super Overs

Rugby League Half time

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 Between full time and commencement of
extra time

Rugby Union Half time

Between full time and commencement of
extra time

Soccer Half time

Between full time and extra time
Between extra time and the
commencement of a penalty shoot-out

AFL Quarter time, half time and three-quarter

time
Between full time and extra time

Tennis Between each set

In a break of at least 90 seconds
between two matches during a Session
(including when during a Session the
broadcast switches from one match still
in Play to another match in Play at the
same time)

Formula 1, Moto GP Between each practice round, qualifying

and Supercars (non- round and race
endurance races)

Basketball Between each quarter

Between full time and overtime

Netball Quarter time, half time and three-quarter

time
Between full time and overtime

Golf, Supercars Not more than once every hour as part of

(endurance races), a distinct break of at least 90 seconds
Swimming
Championships

Olympic and Between each day, twilight and night

40
 Commonwealth Session
Games Not more than once every two hours as
part of a distinct break of at least 90
seconds (including when during a
Session the broadcast switches from one
event still in Play to another event in
Play at the same time)

This is not an exhaustive list and sporting events or games may also
contain other Scheduled Breaks, as determined by the rules and
regulations of the sport, or if the sport does not provide for breaks, then a
Scheduled Break will be not more than once every hour as part of a
distinct break of at least 90 seconds.
Scheduled Start of Play means the scheduled commencement of live-
to-air coverage of Play as:

a) listed in the Licensee’s EPG at least 24 hours prior to the

broadcast of the program; or
b) published by the Licensee on its website at least 24
hours prior to broadcast and notified to the Licensee’s
EPG provider(s) at least 24 hours prior to broadcast.
Session means:

 in relation to tennis, the day, twilight or evening session of

matches as scheduled by the organisers of the relevant
tournament or competition; and
 in relation to Olympic or Commonwealth Games, the day,
twilight and night group of events as scheduled by the
organisers; and
 in relation to test cricket, the three distinct sessions of a match
that are divided by lunch, tea or dinner breaks; and
 in relation to one-day cricket, each innings; and
 in relation to motorsport, an individual race or practice session
or qualifying session.

Unscheduled Break means a break when Play is suspended or delayed

due to weather or other uncontrollable events, and participants are yet to
enter the area of Play or have left the area of Play.

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