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Under class licence conditions and codes of practice for subscription
narrowcasting television services, programs classified as ‘X’ or
‘RC’ by the Classification Board are prohibited from being broadcast
in Australia.
The origin of the programming in another country, and its transmission
via satellite from overseas, does not take a broadcasting service
outside the operation of the Broadcasting Services Act 1992, the
ABU ruled while instituting action to end the transmission of the
three channels.
"As long as the ‘broadcasting service’ is received within
Australian Territory, and the person in control of the service intends
to provide it here, the licensing provisions of the Act can be enforced
against foreign persons who broadcast from outside Australia,"
an official communique issued by the ABA has stated.
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