130YRevocation of industry standards

130Y  Revocation of industry standards  (1) The ACMA may, by legislative instrument, revoke an industry standard.  (a) an industry code is registered under this Part; and  (b) the code is expressed to replace an industry standard; the industry standard is revoked when the code is registered. Division 6—Register of industry codes and industry standards 130ZA  ACMA to maintain Register of industry codes and industry standards  (1) The ACMA is to maintain a Register in which the ACMA includes:  (a) all industry codes required to be registered under this Part; and  (b) all industry standards; and  (c) all requests made under section 130N; and  (d) all notices under section 130P. Part 9C—Access to commercial television broadcasting services provided with the use of a satellite   130ZBA  Simplified outline • A conditional access scheme is a scheme that sets out rules relating to access to services provided under a commercial television broadcasting licence allocated under section 38C. • The ACMA may register a conditional access scheme developed by a body or association that represents commercial television broadcasting licensees. • If no conditional access scheme is developed by a body or association that represents commercial television broadcasting licensees, the ACMA may formulate and register a conditional access scheme. Note: Under paragraph 7A(1)(c) of Schedule 2, it is a condition of a licence allocated under section 38C that the licensee will ensure that any conditional access system relating to the services provided under the licence will comply with any conditional access scheme registered under this Part. 130ZB  Objectives of conditional access scheme—South Eastern Australia TV3 licence area and Northern Australia TV3 licence area  (1) This section applies to a commercial television broadcasting licence allocated under section 38C for:  (a) the South Eastern Australia TV3 licence area; or  (b) the Northern Australia TV3 licence area. Objectives  (2) A conditional access scheme for the section 38C licence area complies with this section if the scheme is directed towards the achievement of the objectives set out in this section.  (3) The first objective is that:  (a) the scheme should specify all of the following as areas that are taken to be areas (category A reception areas) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services:  (i) the related terrestrial licence areas;  (ii) the external Territory in the section 38C licence area; and  (b) if a terrestrial licensee for a related terrestrial licence area is authorised, under paragraph 7(2A)(d) of Schedule 2, to provide a commercial television broadcasting service outside the related terrestrial licence area to one or more persons who are in the section 38C licence area—the scheme should provide that those persons are taken in to be in a category A reception area.  (4) The second objective is that the scheme should:  (a) specify one or more areas included in the section 38C licence area; or  (b) specify a method for ascertaining one or more areas included in the section 38C licence area; that are taken to be areas (category B reception areas) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.  (5) The third objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must enable persons in:  (c) a declared service‑deficient area;  (7) The fourth objective is that the scheme should provide that so much of the section 38C licence area as is neither:  (a) a category A reception area; nor  (b) a category B reception area; is a category C reception area.  (8) The fifth objective is that the scheme must:  (a) if the scheme is developed by a body or association that the ACMA is satisfied represents commercial television broadcasting licensees—identify a company; or  (b) if the scheme is formulated by the ACMA—identify the ACMA; as the scheme administrator for the scheme.  (9) The sixth objective is that the scheme must authorise the scheme administrator to issue a certificate (a reception certificate) to a person in a category C reception area (but not in a declared service‑deficient area) stating that the person is unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.  (10) The seventh objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must enable a person who:  (a) is in a category C reception area; and  (aa) is not in a declared service‑deficient area; and  (b) holds a reception certificate;  (12) The eighth objective is that, if an application for a reception certificate is made in accordance with the scheme, the application must:  (a) be dealt with by the scheme administrator within 15 business days after receiving the application; and  (b) be accepted, and dealt with, without requiring:  (i) the payment of a fee by the applicant; or  (ii) the applicant to incur any expenses (other than the expense of filling in the application and sending it to the scheme administrator).  (13) The ninth objective is that the scheme must authorise the scheme administrator to revoke a reception certificate issued to a person if the person is no longer eligible for the reception certificate.  (13A) For the purposes of subsection (13), if:  (a) at a particular time, a reception certificate was issued to a person; and  (b) after that time, the person has not moved to new premises; the person is taken to be eligible for the reception certificate.  (15A) The 12th objective is that, if:  (a) at a particular time, a person was in a category B reception area; and  (b) at that time, a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence enabled the person to receive those commercial television broadcasting services; and  (i) the person ceases to be in the category B reception area; and  (15B) The 13th objective is that, if:  (a) at a particular time, a person was in a declared service‑deficient area; and  (b) at that time, a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence enabled the person to receive those commercial television broadcasting services; and  (i) the person ceases to be in the declared service‑deficient area; and  (16) In this section:  (a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area—means a terrestrial licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or  (b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area—means a terrestrial licence area mentioned in column 3 of item 2 of the table in subsection 38C(1). terrestrial licence means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section 38C or subsection 40(1). Note 1: For adequate reception, see section 130ZFA. Note 2: For applicable terrestrial digital commercial television broadcasting services, see section 130ZG. Note 3: For declared service‑deficient area, see section 130ZH. 130ZBB  Objectives of conditional access scheme—Western Australia TV3 licence area  (1) This section applies to a commercial television broadcasting licence allocated under section 38C for the Western Australia TV3 licence area. Objectives  (2) A conditional access scheme for the section 38C licence area complies with this section if the scheme is directed towards the achievement of the objectives set out in this section.  (3) The first objective is that:  (a) the scheme should specify all of the following as areas that are, subject to paragraph (c), taken to be areas (category A reception areas) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services:  (i) the related terrestrial licence areas;  (ii) the external Territories in the section 38C licence area; and  (b) if a terrestrial licensee for a related terrestrial licence area is authorised, under paragraph 7(2A)(d) of Schedule 2, to provide a commercial television broadcasting service outside the related terrestrial licence area to one or more persons who are in the section 38C licence area—the scheme should provide that those persons are, subject to paragraph (c) of this subsection, taken to be in a category A reception area; and  (c) the scheme should provide that a person in a category D reception area is taken not to be in a category A reception area. Note: For category D reception area, see subsection (8).  (4) The second objective is that the scheme should:  (a) specify one or more areas included in the Perth TV1 licence area; or  (b) specify a method for ascertaining one or more areas included in the Perth TV1 licence area; that are taken to be areas (category B reception areas) in which people are unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.  (5) The third objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must enable persons in:  (c) a declared service‑deficient area;  (7) The fourth objective is that the scheme should provide that so much of the section 38C licence area as is not:  (c) a category D reception area; is a category C reception area. Note: For category D reception area, see subsection (8).  (8) The fifth objective is that the scheme should:  (a) specify one or more related terrestrial sub‑areas; or  (b) specify a method for ascertaining one or more related terrestrial sub‑areas; each of which is taken to be an area (a category D reception area) in which people are to receive adequate reception of all the applicable terrestrial digital commercial television broadcasting services.  (9) The sixth objective is that the scheme must:  (a) if the scheme is developed by a body or association that the ACMA is satisfied represents commercial television broadcasting licensees—identify a company; or  (b) if the scheme is formulated by the ACMA—identify the ACMA; as the scheme administrator for the scheme.  (10) The seventh objective is that the scheme must authorise the scheme administrator to issue a certificate (a reception certificate) to:  (a) a person in a category C reception area (but not in a declared service‑deficient area); or  (b) a person in a category D reception area (but not in a declared service‑deficient area); stating that the person is unable to receive adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.  (11) The eighth objective is that a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence must enable a person who:  (a) is in:  (i) a category C reception area; or  (ii) a category D reception area; and  (b) is not in a declared service‑deficient area; and  (c) holds a reception certificate;  (13) The ninth objective is that, if an application for a reception certificate is made in accordance with the scheme, the application must:  (a) be dealt with by the scheme administrator within 15 business days after receiving the application; and  (b) be accepted, and dealt with, without requiring:  (i) the payment of a fee by the applicant; or  (ii) the applicant to incur any expenses (other than the expense of filling in the application and sending it to the scheme administrator).  (16) The 12th objective is that the scheme must authorise the scheme administrator to revoke a reception certificate issued to a person if the person is no longer eligible for the reception certificate.  (17) For the purposes of subsection (16), if:  (a) at a particular time, a reception certificate was issued to a person; and  (b) after that time, the person has not moved to new premises; the person is taken to be eligible for the reception certificate.  (20) The 15th objective is that, if:  (a) at a particular time, a person was in a category B reception area; and  (b) at that time, a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence enabled the person to receive those commercial television broadcasting services; and  (i) the person ceases to be in the category B reception area; and  (21) The 16th objective is that, if:  (a) at a particular time, a person was in a declared service‑deficient area; and  (b) at that time, a conditional access system that relates to any of the commercial television broadcasting services provided under the section 38C licence enabled the person to receive those commercial television broadcasting services; and  (i) the person ceases to be in the declared service‑deficient area; and  (22) In this section: related terrestrial licence area means a terrestrial licence area mentioned in column 3 of item 3 of the table in subsection 38C(1). related terrestrial sub‑area means an area included in a related terrestrial licence area. terrestrial licence means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section 38C or subsection 40(1). Note 1: For adequate reception, see section 130ZFA. Note 2: For applicable terrestrial digital commercial television broadcasting services, see section 130ZG. Note 3: For declared service‑deficient area, see section 130ZH. 130ZC  Registration of conditional access scheme developed by representative body or association  (a) the ACMA is satisfied that a body or association represents commercial television broadcasting licensees; and  (b) that body or association develops a conditional access scheme (the new scheme) for the licence area of a commercial television broadcasting licence allocated under section 38C; and  (c) the body or association gives a copy of the new scheme to the ACMA; and  (d) any of the following subparagraphs applies:  (i) the body or association gives the copy of the new scheme to the ACMA within 45 days after the first or only occasion on which a licence for the licence area is allocated under section 38C;  (ii) the body or association gives the copy of the new scheme to the ACMA in response to an invitation under section 130ZCAA;  (iii) the new scheme is expressed to replace another conditional access scheme registered under this section or section 130ZCA; and  (da) the ACMA is satisfied that:  (i) if the scheme is for the South Eastern Australia TV3 licence area or the Northern Australia TV3 licence area—the scheme complies with section 130ZB; or  (ii) if the scheme is for the Western Australia TV3 licence area—the scheme complies with section 130ZBB; and  (e) the ACMA is satisfied that the new scheme is consistent with the principle that a person in the licence area should have adequate reception of:  (ii) all of the commercial television broadcasting services that the section 38C licensee is required to provide under clauses 7B and 7C of Schedule 2. Registration  (2) The ACMA must:  (a) register the new scheme by including it in the register under section 130ZE; and  (b) do so within 35 days after the copy of the new scheme is given to the ACMA. 130ZCAA  ACMA may invite representative body or association to develop a revised conditional access scheme  (a) the ACMA is satisfied that a body or association represents commercial television broadcasting licensees; and  (b) that body or association develops a conditional access scheme (the new scheme) for the licence area of a commercial television broadcasting licence allocated under section 38C; and  (c) the body or association gives a copy of the new scheme to the ACMA; and  (d) the body or association gives the copy of the new scheme to the ACMA within 45 days after the first or only occasion on which a licence for the licence area is allocated under section 38C; and either:  (e) the ACMA is not satisfied that:  (i) if the new scheme is for the South Eastern Australia TV3 licence area or the Northern Australia TV3 licence area—the new scheme complies with section 130ZB; or  (ii) if the new scheme is for the Western Australia TV3 licence area—the scheme complies with section 130ZBB; and  (f) the ACMA is not satisfied that the new scheme is consistent with the principle that a person in the licence area should have adequate reception of:  (ii) all of the commercial television broadcasting services that the section 38C licensee is required to provide under clauses 7B and 7C of Schedule 2. Invitation  (2) The ACMA must:  (a) by written notice given to the body or association, invite the body or association to:  (i) develop a revised conditional access scheme for the licence area; and  (ii) give a copy of the revised scheme to the ACMA within 30 days after the invitation is given; and  (b) do so within 60 days after the copy of the new scheme is given to the ACMA. 130ZCAB  ACMA may request development of replacement conditional access scheme  (a) a conditional access scheme for a licence area is registered under section 130ZC or 130ZCA; and  (b) if the scheme is registered under section 130ZC—the ACMA is satisfied that:  (i) if the scheme is for the South Eastern Australia TV3 licence area or the Northern Australia TV3 licence area—the scheme is not achieving one or more of the objectives set out in section 130ZB; or  (ii) if the scheme is for the Western Australia TV3 licence area—the scheme is not achieving one or more of the objectives set out in section 130ZBB. Request  (2) The ACMA may, by written notice given to the appropriate body or association:  (a) request the body or association to:  (i) develop another conditional access scheme (the replacement scheme) that is expressed to replace the scheme registered under section 130ZC or 130ZCA; and  (ii) give a copy of the replacement scheme to the ACMA within the period specified in the notice; and  (b) specify particular matters that, in the ACMA’s opinion, should be addressed in the replacement scheme.  (2A) For the purposes of subsection (2), the appropriate body or association is:  (a) if the scheme is registered under section 130ZC—the body or association that developed the scheme; or  (b) if the scheme is registered under section 130ZCA—a body or organisation that the ACMA is satisfied represents commercial television broadcasting licensees.  (3) The period specified in a notice under subsection (2):  (a) must not be shorter than 30 days after the notice is given; and  (b) must not be longer than 60 days after the notice is given. 130ZCA  Registration of conditional access scheme formulated by the ACMA  (a) the following conditions are satisfied:  (ii) that is the first or only occasion on which a commercial television broadcasting licence is allocated under section 38C for the licence area;  (iii) if the ACMA has not given an invitation under section 130ZCAA in relation to the licence area—90 days pass after the allocation of the licence, and no conditional access scheme for the licence area has been registered, or is required to be registered, under section 130ZC;  (iv) if the ACMA has given an invitation under section 130ZCAA in relation to the licence area—60 days pass after the invitation is given, and no conditional access scheme for the licence area has been registered, or is required to be registered, under section 130ZC; or  (b) the following conditions are satisfied:  (ii) a conditional access scheme for the licence area is registered under section 130ZC;  (iii) the ACMA gives a notice under subsection 130ZCAB(2) to a body or association in relation to the scheme;  (iv) the body or association does not give the ACMA a copy of a replacement scheme within the period specified in the notice; or  (c) the following conditions are satisfied:  (ii) a conditional access scheme for the licence area is registered under section 130ZC;  (iii) the ACMA gives a notice under subsection 130ZCAB(2) to a body or association in relation to the scheme;  (iv) the body or association gives the ACMA a copy of a replacement scheme within the period specified in the notice;  (v) 35 days pass after the copy is given to the ACMA, and the replacement scheme has not been, and is not required to be, registered under section 130ZC. Scheme  (2) The ACMA may, by legislative instrument, formulate a conditional access scheme for the licence area.  (3) The ACMA must not formulate a conditional access scheme unless:  (a) the ACMA is satisfied that:  (i) if the scheme is for the South Eastern Australia TV3 licence area or the Northern Australia TV3 licence area—the scheme complies with section 130ZB; or  (ii) if the scheme is for the Western Australia TV3 licence area—the scheme complies with section 130ZBB; and  (b) the ACMA is satisfied that the scheme is consistent with the principle that a person in the licence area should have adequate reception of:  (ii) all of the commercial television broadcasting services that the section 38C licensee is required to provide under clauses 7B and 7C of Schedule 2. Registration  (4) The ACMA must register a scheme formulated under subsection (2) by including it in the register under section 130ZE.  (5) Before registering a conditional access scheme formulated under subsection (2), the ACMA must:  (a) publish on its website:  (i) a draft of the scheme; and  (ii) a notice inviting interested persons to give written submissions about the draft to the ACMA within the period specified in the notice; and  (b) if any submissions are given to the ACMA within that period—have due regard to those submissions in formulating the scheme.  (6) The period specified under subparagraph (5)(a)(ii) must not be shorter than 14 days. 130ZD  Replacement of conditional access scheme  (1) Changes to a conditional access scheme are to be achieved by replacing the scheme instead of varying the scheme.  (a) the replacement scheme is formulated by the ACMA; and  (b) the replacement scheme differs in only minor respects from the original scheme; section 130ZCA has effect, in relation to the registration of the scheme, as if subsections 130ZCA(5) and (6) had not been enacted. Note: Subsections 130ZCA(5) and (6) deal with submissions about a draft scheme formulated by the ACMA.  (a) a conditional access scheme is registered under this Part; and  (b) the scheme is expressed to replace another conditional access scheme; the other conditional access scheme ceases to be registered under this Part when the replacement scheme is registered.  (4) The replacement of a conditional access scheme does not affect the continuity of a reception certificate issued under the scheme. 130ZE  ACMA to maintain register of conditional access schemes  (1) The ACMA is to maintain a Register in which the ACMA includes any conditional access schemes required to be registered under section 130ZC or 130ZCA.  (3) The Register is to be made available for inspection on the ACMA’s website.  (4) The Register is not a legislative instrument. 130ZF  ACMA may direct a scheme administrator to issue a reception certificate etc.  (a) a conditional access scheme is registered under section 130ZC; and  (i) a person is in a category C reception area (within the meaning of the scheme), but is not in a declared service‑deficient area; or  (ii) if the scheme is for the Western Australia TV3 licence area—a person is in a category D reception area (within the meaning of the scheme), but is not in a declared service‑deficient area; and  (c) the person considers that he or she does not have adequate reception of all of the applicable terrestrial digital commercial television broadcasting services. Note: For applicable terrestrial digital commercial television broadcasting services, see section 130ZG. Investigation of complaint  (2) The person may make a complaint to the ACMA about the matter, so long as:  (a) the following conditions are satisfied:  (i) the person has previously made an application under the scheme for a reception certificate;  (ii) the application was made in accordance with the scheme;  (iii) the scheme administrator refused to issue the reception certificate; or  (b) the following conditions are satisfied:  (i) the person has previously held a reception certificate under the scheme;  (ii) the scheme administrator revoked the reception certificate; or  (c) the following conditions are satisfied:  (i) the person has previously made an application under the scheme for a reception certificate;  (ii) the application was made in accordance with the scheme;  (iii) the scheme administrator did not deal with the application within 15 business days after receiving the application.  (3) The ACMA must investigate the complaint in a manner determined by the ACMA.  (4) However, the ACMA need not investigate the complaint if it is satisfied that the complaint:  (a) is frivolous or vexatious; or  (b) was not made in good faith. Direction to issue reception certificate  (a) the person makes a complaint under paragraph (2)(a) or (b); and  (b) having investigated the complaint, the ACMA is satisfied that the person does not have adequate reception of all of the applicable terrestrial digital commercial television broadcasting services; the ACMA may, by written notice given to the scheme administrator, direct the scheme administrator to issue a reception certificate to the person within a specified period.  (6) The specified period must not be longer than 28 days.  (7) In deciding whether to give a direction under subsection (5), it is to be presumed that the person does not have adequate reception of all of the applicable terrestrial digital commercial television broadcasting services, unless the scheme administrator satisfies the ACMA that the person has adequate reception of all of those services.  (8) Before giving a direction under subsection (5), the ACMA must, by written notice given to the scheme administrator:  (a) invite the scheme administrator to make a submission to the ACMA, within the time limit specified in the notice, about the question of whether the person has adequate reception of all of the applicable terrestrial digital commercial television broadcasting services; and  (b) have regard to any submission received within that time limit.  (9) The time limit must not be longer than 28 days. Compliance with direction  (10) The scheme administrator must comply with a direction under subsection (5).  (11) If the scheme administrator does not comply with a direction under subsection (5), then:  (b) the conditional access scheme; have effect as if, at the end of the last day for compliance, the scheme administrator had issued a reception certificate to the person. Determination that reception certificate is taken to have been issued to complainant  (12) If the person makes a complaint under paragraph (2)(c), the ACMA may determine that:  (b) the conditional access scheme; have effect as if the scheme administrator had issued a reception certificate to the person. Revocation of reception certificate taken to have been issued  (13) This Act does not prevent the subsequent revocation of a reception certificate that is taken to have been issued under subsection (11) or (12) if the revocation is on the ground that the holder of the reception certificate is no longer eligible for the reception certificate. Notification of results of investigation  (14) If:  (a) the person makes a complaint under subsection (2); and  (b) the ACMA investigates the complaint; the ACMA must notify the person of the results of the investigation. 130ZFA  Adequate reception   The ACMA may, by legislative instrument, determine that, for the purposes of this Part, adequate reception has the meaning ascertained in accordance with the determination. 130ZG  Applicable terrestrial digital commercial television broadcasting services  (1) This section applies if a person is in the licence area of a commercial television broadcasting licence. Applicable terrestrial digital commercial television broadcasting services  (2) For the purposes of the application of this Part to the person, a service is an applicable terrestrial digital commercial television broadcasting service if it is:  (a) a commercial television broadcasting service that is:  (i) provided by a commercial television broadcasting licensee in the licence area; and  (ii) transmitted in digital mode; or  (b) a service that:  (i) is merely a re‑transmission of the programs provided by a commercial television broadcasting service described in paragraph (a); and  (ii) is provided in the licence area; and  (iii) is transmitted in digital mode; and  (iv) is provided by a person declared by the ACMA under subsection (2A).  (2A) If the ACMA is satisfied that a person represents one or more commercial television broadcasting licensees, the ACMA may declare the person for the purposes of subparagraph (2)(b)(iv).  (2B) If the declaration under subsection (2A) is made in writing, the declaration is not a legislative instrument.  (2C) For the purposes of this Part, an applicable terrestrial digital commercial television broadcasting service described in paragraph (2)(b) is taken to be the same as the commercial television broadcasting service mentioned in subparagraph (2)(b)(i). Note: This means a person is taken to receive adequate reception of a single applicable terrestrial digital commercial television broadcasting service whether the person receives adequate reception of: (a) the commercial television broadcasting service described in paragraph (2)(a); or (b) the service of re‑transmission described in paragraph (2)(b) by reference to that commercial television broadcasting service.  (3) This section does not apply to a commercial television broadcasting licence allocated under section 38C or subsection 40(1). re‑transmission has the same meaning as in section 212. 130ZH  Declared service‑deficient areas Declaration  (a) the ACMA is satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in a particular area (the relevant area) is deficient; and  (b) the relevant area is included in a terrestrial licence area; and  (c) the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section 38C; the ACMA must, by legislative instrument, declare that the relevant area is a declared service‑deficient area for the purposes of this Part.  (2) For the purposes of determining whether the number of services provided to persons in a particular area is deficient as mentioned in paragraph (1)(a) or (4)(d), the ACMA may have regard to the following:  (a) the current applicable terrestrial digital commercial television broadcasting services provided to persons in:  (i) the relevant area; and  (ii) other licence areas;  (b) the history of such services having been provided to persons in the relevant area;  (c) the extent to which there has been a reduction in the number of such services provided to persons in the relevant area;  (d) any other matters that the ACMA considers relevant. Revocation  (a) a declaration is in force under subsection (1) in relation to a particular area (the relevant area); and  (b) the relevant area is included in a terrestrial licence area; and  (c) the terrestrial licence area is wholly or partly included in the licence area of a commercial television broadcasting licence allocated under section 38C; and  (d) the ACMA is not satisfied that the number of applicable terrestrial digital commercial television broadcasting services provided to persons in the relevant area is deficient; the ACMA must, by legislative instrument, revoke the declaration. number includes zero. terrestrial licence means a commercial television broadcasting licence other than a commercial television broadcasting licence allocated under section 38C or subsection 40(1). Note: For applicable terrestrial digital commercial television broadcasting services, see section 130ZG. Part 9D—Captioning 130ZJ  Simplified outline • Broadcasters must comply with rules and standards relating to captioning of television programs for the deaf and hearing impaired. 130ZK  Definitions Category A subscription television general entertainment service has the meaning given by section 130ZW. Category A subscription television movie service has the meaning given by section 130ZVA. Category B subscription television general entertainment service has the meaning given by section 130ZW. Category B subscription television movie service has the meaning given by section 130ZVA. Category C subscription television general entertainment service has the meaning given by section 130ZW. Category C subscription television movie service has the meaning given by section 130ZVA. channel means a continuous stream of programs. channel provider has the meaning given by section 130ZKA. community service announcement means community information, or community promotional material, for the broadcast of which the commercial television broadcasting licensee, subscription television licensee or national broadcaster does not receive any consideration in cash or in kind. coverage area has the same meaning as in Schedule 4. designated viewing hours has the meaning given by section 130ZL. emergency service agency means:  (a) a police force or service; or  (b) a fire service; or  (c) a State Emergency Service of a State or a Territory; or  (d) the Commonwealth Bureau of Meteorology; or  (e) a body that runs an emergency service specified in the regulations. general entertainment program means a program other than:  (a) a movie program; or  (b) a news or current affairs program; or  (c) a sports program; or  (d) a music program. HDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4. incidental matter means:  (b) a program promotion; or  (c) an announcement; or  (d) a hosting; or  (e) any other interstitial program. movie program means a program that is:  (a) a feature film; or  (b) a short film; or  (c) a telemovie. music program means a program the sole or dominant purpose of which is to provide:  (a) music with video clips; or  (b) video footage of musical performances; national broadcasting service does not include a broadcasting service provided under the Parliamentary Proceedings Broadcasting Act 1946. national television broadcasting service means a national broadcasting service that provides television programs. news or current affairs program means any of the following:  (a) a news bulletin;  (b) a program (whether presenter‑based or not) whose sole or dominant purpose is to provide analysis, commentary or discussion principally designed to inform the general community about social, economic or political issues of current relevance to the general community. part‑channel provider has the meaning given by section 130ZKB. primary national television broadcasting service has the same meaning as in Schedule 4. primary satellite national television broadcasting service has the same meaning as in Schedule 4. program does not include:  (b) a community service announcement; or  (c) an emergency warning. satellite delivery area has the same meaning as in Schedule 4. SDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4. sports program means:  (a) a sports news bulletin; or  (b) a program the sole or dominant purpose of which is to provide:  (i) coverage of one or more sporting events; or  (ii) analysis, commentary or discussion in relation to one or more sporting events; subscription television general entertainment service means a subscription television service the program content of which consists wholly or primarily of general entertainment programs. subscription television licensee means:  (a) a subscription television broadcasting licensee; or  (b) a subscription television narrowcasting licensee. subscription television movie service means a subscription television service the program content of which consists wholly or primarily of movie programs. subscription television music service means a subscription television service the program content of which consists wholly or primarily of music programs. subscription television narrowcasting licensee means a person who provides a subscription television narrowcasting service under a class license. subscription television news service means a subscription television service the program content of which consists wholly or primarily of news or current affairs programs. subscription television service means:  (a) a subscription television broadcasting service; or  (b) a subscription television narrowcasting service. subscription television sports service means a subscription television service the program content of which consists wholly or primarily of sports programs. 130ZKA  Definition of channel provider   For the purposes of this Part, a channel provider, in relation to a subscription television service provided by a subscription television licensee, is a person who:  (b) supplies the licensee with the channel; where, apart from any breaks for the purposes of the transmission of incidental matter, the channel is televised by the licensee on the service. 130ZKB  Definition of part‑channel provider   For the purposes of this Part, a part‑channel provider, in relation to a subscription television service provided by a subscription television licensee, is a person who:  (b) supplies the licensee with the package;  (c) the package constitutes a significant proportion of the program material that is televised by the licensee on the service; and  (d) there is no channel provider in relation to the service. 130ZKC  Supply of channel or package   For the purposes of this Part, a person is taken to have supplied a channel or a package to a subscription television licensee if the channel or package is supplied by the person to the licensee:  (a) directly; or  (b) indirectly through one or more interposed persons. 130ZL  Designated viewing hours Programs transmitted before 1 July 2014  (1) For the purposes of the application of this Part to programs transmitted before 1 July 2014, designated viewing hours are the hours:  (a) beginning at 6 pm each day or, if another time is prescribed, beginning at that prescribed time each day; and  (b) ending at 10.30 pm on the same day or, if another time is prescribed, ending at that prescribed time on the same day. Programs transmitted on or after 1 July 2014  (2) For the purposes of the application of this Part to programs transmitted on or after 1 July 2014, designated viewing hours are the hours:  (b) ending at midnight on the same day or, if another time is prescribed, ending at that prescribed time on the same day. 130ZM  This Part does not apply to foreign language programs  (1) This Part does not apply to a television program that is wholly in a language other than English.  (2) For the purposes of subsection (1), disregard minor and infrequent uses of the English language. 130ZN  This Part does not apply to programs that consist wholly of music  (1) This Part does not apply to a television program the audio component of which consists only of music that has no human vocal content that is recognisable as being in the English language.  (2) For the purposes of subsection (1), disregard minor and infrequent uses of the English language. 130ZO  Captioning service provided for part of program   For the purposes of this Part, if:  (a) a television program is transmitted on:  (i) a commercial television broadcasting service provided by a commercial television broadcasting licensee; or  (ii) a national television broadcasting service provided by a national broadcaster; or  (iii) a subscription television service provided by a subscription television licensee; and  (b) the audio component of the television program consists:  (i) partly of human vocal content that is recognisable as being in the English language; and  (ii) partly of other content; and  (c) a captioning service is provided for the human vocal content covered by subparagraph (b)(i); the licensee or the national broadcaster, as the case may be, is taken to have provided a captioning service for the program. 130ZP  Multiple subscription television services provided by licensee   For the purposes of this Part, the subscription television services provided by a subscription television licensee are to be determined by reference to:  (a) all of the subscription television broadcasting licences (if any) under which the licensee provides services; and  (b) the class licence (if any) under which the licensee provides services. 130ZQ  Television service provided in a period  (1) For the purposes of this Part, a commercial television broadcasting service is provided in a period (for example, a financial year) if the service is provided during the whole or a part of the period.  (2) For the purposes of this Part, a national television broadcasting service is provided in a period (for example, a financial year) if the service is provided during the whole or a part of the period.  (3) For the purposes of this Part, a subscription television service is provided in a period (for example, a financial year) if the service is provided during the whole or a part of the period. Division 2—Captioning obligations of commercial television broadcasting licensees and national broadcasters 130ZR  Captioning obligations—basic rule Basic rule  (1) Each commercial television broadcasting licensee, and each national broadcaster, must provide a captioning service for:  (a) television programs transmitted during designated viewing hours; and  (b) television news or current affairs programs transmitted outside designated viewing hours. Exceptions  (a) a commercial television broadcasting licence is in force; and  (b) the licence was not allocated under section 38C; and  (c) the licensee provides a primary commercial television broadcasting service in the licence area; and  (d) the licensee provides in the licence area another service that is:  (e) the SDTV multi‑channelled commercial television broadcasting service mentioned in subparagraph (d)(i) of this subsection; or  (f) the HDTV multi‑channelled commercial television broadcasting service mentioned in subparagraph (d)(ii) of this subsection; unless the program has been previously transmitted on the primary commercial television broadcasting service.  (a) a commercial television broadcasting licence is allocated under section 38C; and  (b) the licensee provides a primary commercial television broadcasting service in the licence area; and  (c) the licensee provides in the licence area:  (i) another SDTV multi‑channelled commercial television broadcasting service; or  (d) the other SDTV multi‑channelled commercial television broadcasting service; or  (e) the HDTV multi‑channelled commercial television broadcasting service; unless the program has been previously transmitted on the primary commercial television broadcasting service.  (a) a national broadcaster provides a national television broadcasting service in a coverage area; and  (b) the service is not provided with the use of a satellite;  (c) a SDTV multi‑channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite; or  (d) a HDTV multi‑channelled national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite; unless the television program was previously transmitted by the national broadcaster on the primary national television broadcasting service provided by the national broadcaster.  (a) a national broadcaster provides a national television broadcasting service in a satellite delivery area; and  (b) the service is provided with the use of a satellite;  (c) a SDTV multi‑channelled national television broadcasting service provided by the national broadcaster with the use of a satellite; or  (d) a HDTV multi‑channelled national television broadcasting service provided by the national broadcaster with the use of a satellite; unless the television program has been previously transmitted by the national broadcaster on the broadcaster’s primary satellite national television broadcasting service.  (8) Subsection (1) does not require the provision of a captioning service:  (a) by the licensee of a commercial television broadcasting licence that was allocated under subsection 40(1); and  (b) during:  (i) the first year of operation of the licence; or  (ii) if the ACMA, by written notice given to the licensee, allows a longer period—that longer period. Note 1: For exemption orders, see section 130ZUA. Note 2: For target reduction orders, see section 130ZUA. 130ZS  Captioning obligations—special rules for multi‑channelled services  (a) a commercial television broadcasting licence is in force; and  (b) the licence was not allocated under section 38C; and  (c) the licensee transmits a television program on:   in the licence area; and  (d) the program has been previously transmitted on another commercial television broadcasting service provided by the licensee in the licence area; and  (e) the licensee provided a captioning service for the program when the program was so previously transmitted on the other service; the licensee must provide a captioning service for the television program transmitted as mentioned in paragraph (c).  (a) a commercial television broadcasting licence is allocated under section 38C; and  (b) the licensee transmits a television program on:   in the licence area; and  (c) the program has been previously transmitted on another commercial television broadcasting service provided by the licensee in the licence area; and  (d) the licensee provided a captioning service for the program when the program was so previously transmitted on the other service; the licensee must provide a captioning service for the television program transmitted as mentioned in paragraph (b). National broadcaster  (a) a national broadcaster transmits a television program on:  (i) a SDTV multi‑channelled national television broadcasting service; or  (ii) a HDTV multi‑channelled national television broadcasting service;   in a coverage area; and  (b) the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster in the coverage area; and  (c) the national broadcaster provided a captioning service for the program when the program was so previously transmitted on the other service; the national broadcaster must provide a captioning service for the television program transmitted as mentioned in paragraph (a).  (4) Subsection (3) does not apply to a national television broadcasting service provided with the use of a satellite.  (a) a national broadcaster transmits a television program on:  (i) a SDTV multi‑channelled national television broadcasting service; or  (ii) a HDTV multi‑channelled national television broadcasting service;   in a satellite delivery area; and  (b) the service mentioned in paragraph (a) is provided with the use of a satellite; and  (c) the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster, with the use of a satellite, in the satellite delivery area; and  (d) the national broadcaster provided a captioning service for the program when the program was so previously transmitted on the other service; the national broadcaster must provide a captioning service for the television program transmitted as mentioned in paragraph (a). 130ZUA  Exemption orders and target reduction orders—unjustifiable hardship Application  (1) A commercial television broadcasting licensee may apply to the ACMA for:  (a) an order (an exemption order) that exempts from subsection 130ZR(1) a specified commercial television broadcasting service provided by the licensee in a specified eligible period; or  (i) is expressed to relate to a specified commercial television broadcasting service provided by the licensee in a specified eligible period; and  (ii) for each financial year included in the eligible period, provides that a specified percentage is the reduced annual captioning target for the service for the financial year. Note: For eligible period, see subsection (15).  (2) A national broadcaster may apply to the ACMA for:  (a) an order (an exemption order) that exempts from subsection 130ZR(1) a specified national television broadcasting service provided by the broadcaster in a specified eligible period; or  (i) is expressed to relate to a specified national television broadcasting service provided by the broadcaster in a specified eligible period; and  (ii) for each financial year included in the eligible period, provides that a specified percentage is the reduced annual captioning target for the service for the financial year. Note: For eligible period, see subsection (15).  (3) An application under subsection (1) or (2) must:  (a) be in writing; and  (b) be in a form approved, in writing, by the ACMA; and  (c) be made in the period:  (i) commencing on 1 July in the financial year immediately before the eligible period specified in the application; and  (ii) ending on the first 31 March in the eligible period specified in the application. Decision on application  (4) If an application under subsection (1) or (2) has been made for an exemption order or target reduction order, the ACMA must, after considering the application:  (a) by writing, make the exemption order or target reduction order, as the case may be; or  (b) refuse to make the exemption order or target reduction order, as the case may be. Criteria for making exemption order or target reduction order  (5) The ACMA must not make the exemption order or target reduction order unless the ACMA is satisfied that a refusal to make the exemption order or target reduction order, as the case may be, would impose an unjustifiable hardship on the applicant.  (6) In determining whether a failure to make the exemption order or target reduction order, as the case may be, would impose an unjustifiable hardship on the applicant, the ACMA must have regard to the following matters:  (a) the nature of the detriment likely to be suffered by the applicant;  (b) the impact of making the exemption order or target reduction order, as the case may be, on deaf or hearing impaired viewers, or potential viewers, of the commercial television broadcasting service or national television broadcasting service concerned;  (c) the financial circumstances of the applicant;  (d) the estimated amount of expenditure that the applicant would be required to make if there was a failure to make the exemption order or target reduction order, as the case may be;  (e) the extent to which captioning services are provided by the applicant for television programs transmitted on commercial television broadcasting services or national television broadcasting services provided by the applicant;  (f) the likely impact of a failure to make the exemption order or target reduction order, as the case may be, on the quantity and quality of television programs transmitted on commercial television broadcasting services or national television broadcasting services provided by the applicant;  (g) whether the applicant has applied, or has proposed to apply, for exemption orders or target reduction orders under this section in relation to any other commercial television broadcasting services or national television broadcasting services provided by the applicant;  (h) such other matters (if any) as the ACMA considers relevant.  (7) Before making an exemption order, or a target reduction order, under subsection (4), the ACMA must:  (a) within 50 days after receiving the application for the exemption order or target reduction order, as the case may be, publish on the ACMA’s website a notice:  (i) setting out the draft exemption order or draft target reduction order, as the case may be; and  (ii) inviting persons to make submissions to the ACMA about the draft exemption order or draft target reduction order, as the case may be, within 30 days after the notice is published; and  (b) consider any submissions received within the 30‑day period mentioned in subparagraph (a)(ii). Commencement of exemption order or target reduction order  (8) An exemption order, or a target reduction order, under subsection (4) comes into force at the start of the eligible period to which the exemption order or target reduction order, as the case may be, relates. Refusal to make exemption order or target reduction order  (a) an application under subsection (1) or (2) has been made for an exemption order or target reduction order; and  (b) the ACMA does not make a decision on the application within the period of 90 days beginning at the start of the day on which the ACMA received the application; the ACMA is taken, at the end of that 90‑day period, to have decided to refuse to make the exemption order or target reduction order, as the case may be.  (10) If:  (a) an application under subsection (1) or (2) has been made for an exemption order or target reduction order; and  (b) the ACMA decides to refuse to make the exemption order or target reduction order, as the case may be; the ACMA must give written notice of the decision to the applicant. Publication requirement  (11) If the ACMA makes an exemption order or target reduction order under subsection (4), the ACMA must publish a copy of the order on the ACMA’s website. Order is not a legislative instrument  (12) An exemption order, or a target reduction order, under subsection (4) is not a legislative instrument. Target reduction order may specify different percentages for different years  (13) A target reduction order under subsection (4) may specify different percentages for different financial years. Specification of national television broadcasting services  (14) For the purposes of this section, a national television broadcasting service may be specified by reference to:  (a) whether or not the service is provided with the use of a satellite; and  (b) the coverage area, or the satellite delivery area, in which the service is provided.  (15) In this section: commercial television broadcasting service includes a proposed commercial television broadcasting service. eligible period means:  (a) a financial year; or  (b) 2 consecutive financial years; or  (c) 3 consecutive financial years; or  (d) 4 consecutive financial years; or  (e) 5 consecutive financial years. national television broadcasting service includes a proposed national television broadcasting service. 130ZUAA  Effect of target reduction order  (1) This section applies if a target reduction order under section 130ZUA is applicable to:  (a) a commercial television broadcasting service; or  (b) a national television broadcasting service; for a financial year. Commercial television broadcasting service  (2) If the service is a commercial television broadcasting service provided by a commercial television broadcasting licensee, the licensee must ensure that the percentage worked out using the following formula is not less than the reduced annual captioning target for the service for the financial year:  total hours of captioned programs transmitted during the financial year means the total number of hours of television programs:  (a) that were transmitted:  (i) during targeted viewing hours in the financial year; and  (ii) on the service; and  (b) for which a captioning service was provided. total hours of programs transmitted during the financial year means the total number of hours of television programs transmitted:  (a) during targeted viewing hours in the financial year; and  (b) on the service. National television broadcasting service  (3) If the service is a national television broadcasting service provided by a national broadcaster, the national broadcaster must ensure that the percentage worked out using the following formula is not less than the reduced annual captioning target for the service for the financial year:  total hours of captioned programs transmitted during the financial year means the total number of hours of television programs:  (a) that were transmitted:  (i) during targeted viewing hours in the financial year; and  (ii) on the service; and  (b) for which a captioning service was provided. total hours of programs transmitted during the financial year means the total number of hours of television programs transmitted:  (a) during targeted viewing hours in the financial year; and  (b) on the service. Standard captioning rule does not apply  (4) Subsection 130ZR(1) does not apply to the service for the financial year. Targeted viewing hours  (7) For the purposes of this section, targeted viewing hours are the hours:  (b) ending at midnight on the same day or, if another time is prescribed, ending at that prescribed time on the same day. 130ZUB  Certain breaches to be disregarded  (a) apart from this subsection, a commercial television broadcasting licensee has breached a provision of this Division; and  (b) the breach is attributable to significant difficulties of a technical or engineering nature for the licensee; and  (c) those difficulties could not reasonably have been foreseen by the licensee; then the breach is to be disregarded in determining whether the licensee has complied with the provision.  (a) apart from this subsection, a national broadcaster has breached a provision of this Division; and  (b) the breach is attributable to significant difficulties of a technical or engineering nature for the broadcaster; and  (c) those difficulties could not reasonably have been foreseen by the broadcaster; then the breach is to be disregarded in determining whether the broadcaster has complied with the provision. Division 3—Captioning obligations of subscription television licensees 130ZV  Annual captioning targets—subscription television licensees Annual captioning targets  (1) If a subscription television licensee provides a subscription television service in a financial year, the licensee must ensure that the percentage worked out using the following formula is not less than the annual captioning target for the service for the financial year:  total captioned hours means the total number of hours of television programs transmitted on the service during the financial year for which a captioning service was provided. total program hours means the total number of hours of television programs transmitted on the service during the financial year.  (2) For the purposes of this section, the annual captioning target for a subscription television service for a financial year is:  (a) for the financial year beginning on 1 July 2014—the applicable percentage set out in the following table; and  (b) for a later financial year—the lesser of:  (i) the annual captioning target for the service for the previous financial year plus an additional 5%; and  (ii) 100%. Note: For example, the annual captioning target for the financial year beginning on 1 July 2015 for a category A subscription television movie service is 80% (75% plus an additional 5%).   - Annual captioning target for financial year beginning on 1 July 2014 - Item Service Percentage - 1 Category A subscription television movie service 75% - 2 Category B subscription television movie service 55% - 3 Category C subscription television movie service 45% - 4 Category A subscription television general entertainment service 55% - 5 Category B subscription television general entertainment service 45% - 6 Category C subscription television general entertainment service 25% - 7 Subscription television news service 15% - 8 Subscription television sports service 15% - 9 Subscription television music service 5% Modified formula for subscription television sports services  (3) If, in relation to a financial year:  (a) a subscription television licensee provides a subscription television sports service; and  (b) the percentage worked out using the formula in subsection (1) for the service is at least two‑thirds of the annual captioning target; the licensee is taken to have satisfied the requirement in subsection (1) for the service for the financial year if the percentage worked out using the following formula is not less than the annual captioning target:  relevant sports services means all subscription television sports services provided by the licensee that televise channels supplied by the same channel provider, other than:  (a) services to which subsection 130ZV(1) does not apply during the financial year because of subsection 130ZX(7); and  (b) services to which an exemption order or target reduction order under section 130ZY applies for the financial year. total captioned hours on relevant sports services means the total number of hours of television programs transmitted on relevant sports services during the financial year for which a captioning service was provided. total program hours on relevant sports services means the total number of hours of television programs transmitted on relevant sports services during the financial year.  (5) This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:  (a) transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or  (b) simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee. Note 1: For exemption orders, see section 130ZYA. Note 2: For target reduction orders, see section 130ZYA. Exclusion for new subscription television service  (6) This section does not apply to a subscription television service until the financial year beginning on the first 1 July that is at least 1 year after the service commenced, if the service predominantly consists of programs not transmitted in Australia before that commencement. 130ZVA  Categories for subscription television movie services  (1) For the purposes of this Part, if a subscription television licensee provides at least one, but fewer than 7, subscription television movie services in a financial year, those services are Category A subscription television movie services for the financial year.  (2) For the purposes of this Part, if a subscription television licensee provides 7 subscription television movie services in a financial year:  (a) if the licensee, by written notice given to the ACMA before the end of the financial year, nominates 6 of those services to be Category A subscription television movie services for the financial year:  (i) the nominated services are Category A subscription television movie services for the financial year; and  (ii) the remaining service is a Category B subscription television movie service for the financial year; or  (b) otherwise—each of those services is a Category A subscription television movie service for the financial year.  (3) For the purposes of this Part, if a subscription television licensee provides more than 7 subscription television movie services in a financial year:  (a) if the licensee, by written notice given to the ACMA before the end of the financial year, nominates:  (i) 6 of those services to be Category A subscription television movie services for the financial year; and  (ii) one of those services (other than services nominated under subparagraph (i)) to be a Category B subscription television movie service for the financial year;  (iii) the services nominated under subparagraph (i) are Category A subscription television movie services for the financial year; and  (iv) the service nominated under subparagraph (ii) is a Category B subscription television movie service for the financial year; and  (v) the remainder of those services are Category C subscription television movie services for the financial year; or  (b) otherwise—each of those services is a Category A subscription television movie service for the financial year.  (4) This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:  (a) transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or  (b) simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee. 130ZW  Categories for subscription television general entertainment services  (1) For the purposes of this Part, if a subscription television licensee provides at least one, but fewer than 19, subscription television general entertainment services in a financial year, those services are Category A subscription television general entertainment services for the financial year.  (2) For the purposes of this Part, if a subscription television licensee provides more than 18, but fewer than 35, subscription television general entertainment services in a financial year:  (a) if the licensee, by written notice given to the ACMA before the end of the financial year, nominates 18 of those services to be Category A subscription television general entertainment services for the financial year:  (i) the nominated services are Category A subscription television general entertainment services for the financial year; and  (ii) the remainder of those services are Category B subscription television general entertainment services for the financial year; or  (b) otherwise—each of those services is a Category A subscription television general entertainment service for the financial year.  (3) For the purposes of this Part, if a subscription television licensee provides more than 34 subscription television general entertainment services in a financial year:  (a) if the licensee, by written notice given to the ACMA before the end of the financial year, nominates:  (i) 18 of those services to be Category A subscription television general entertainment services for the financial year; and  (ii) 16 of those services (other than services nominated under subparagraph (i)) to be Category B subscription television general entertainment services for the financial year;  (iii) the services nominated under subparagraph (i) are Category A subscription television general entertainment services for the financial year; and  (iv) the services nominated under subparagraph (ii) are Category B subscription television general entertainment services for the financial year; and  (v) the remainder of those services are Category C subscription television general entertainment services for the financial year; or  (b) otherwise—each of those services is a Category A subscription television general entertainment service for the financial year.  (4) This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:  (a) transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or  (b) simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee. 130ZX  Exemptions—certain subscription television services provided before 1 July 2022 Subscription television movie services  (a) a subscription television licensee provides more than 11 subscription television movie services in a financial year beginning before 1 July 2022; and  (b) the licensee has complied with subsection 130ZV(1) in relation to at least 11 of those services for the financial year; and  (c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television movie services that:  (d) the total number of nominated services does not exceed the number worked out using the formula in subsection (2); subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.  (2) The formula is:  Subscription television general entertainment services  (a) a subscription television licensee provides more than 43 subscription television general entertainment services in a financial year beginning before 1 July 2022; and  (b) the licensee has complied with subsection 130ZV(1) in relation to at least 43 of those services for the financial year; and  (c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television general entertainment services that:  (d) the total number of nominated services does not exceed the number worked out using the formula in subsection (4); subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.  (4) The formula is:  Subscription television news services  (a) a subscription television licensee provides more than 3 subscription television news services in a financial year beginning before 1 July 2022; and  (b) the licensee has complied with subsection 130ZV(1) in relation to at least 3 of those services for the financial year; and  (c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television news services that:  (d) the total number of nominated services does not exceed the number worked out using the formula in subsection (6); subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.  (6) The formula is:  Subscription television sports services  (a) a subscription television licensee provides more than 7 subscription television sports services in a financial year beginning before 1 July 2022; and  (b) the licensee has complied with subsection 130ZV(1) in relation to at least 7 of those services for the financial year; and  (c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television sports services that:  (d) the total number of nominated services does not exceed the number worked out using the formula in subsection (8); subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.  (8) The formula is:  Subscription television music services  (a) a subscription television licensee provides more than 6 subscription television music services in a financial year beginning before 1 July 2022; and  (b) the licensee has complied with subsection 130ZV(1) in relation to at least 6 of those services for the financial year; and  (c) the licensee, by written notice given to the ACMA not later than 30 days after the end of the financial year, nominates one or more of the subscription television music services that:  (d) the total number of nominated services does not exceed the number worked out using the formula in subsection (10); subsection 130ZV(1) does not apply, and is taken never to have applied, to programs transmitted on a nominated service during the financial year.  (10) The formula is:  Exemption percentage  (11) For the purposes of this section, the exemption percentage for a financial year is:  (a) in the case of the financial year beginning on 1 July 2012—100%; or  (b) in the case of the financial year beginning on 1 July 2013—100%; or  (c) in the case of the financial year beginning on 1 July 2014—100%; or  (d) in the case of the financial year beginning on 1 July 2015—80%; or  (e) in the case of the financial year beginning on 1 July 2016—80%; or  (f) in the case of the financial year beginning on 1 July 2017—60%; or  (g) in the case of the financial year beginning on 1 July 2018—60%; or  (h) in the case of the financial year beginning on 1 July 2019—40%; or  (i) in the case of the financial year beginning on 1 July 2020—40%; or  (j) in the case of the financial year beginning on 1 July 2021—20%. Rounding  (12) If the number worked out using the formula in subsection (2), (4), (6), (8) or (10) is not a whole number, the number is to be rounded up to the nearest whole number.  (13) This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:  (a) transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or  (b) simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee. 130ZY  Exemption orders and target reduction orders—unjustifiable hardship Application  (1) A subscription television licensee may apply to the ACMA for:  (a) an order (an exemption order) that exempts from subsection 130ZV(1) a specified subscription television service provided by the licensee in a specified eligible period; or  (i) is expressed to relate to a specified subscription television service provided by the licensee in a specified eligible period; and  (ii) for each financial year included in the eligible period, provides that a specified percentage is the reduced annual captioning target for the service for the financial year. Note: For eligible period, see subsection (13).  (2) An application must:  (a) be in writing; and  (b) be in a form approved, in writing, by the ACMA; and  (c) be made in the period:  (i) commencing on 1 July in the financial year immediately before the eligible period specified in the application; and  (ii) ending on the first 31 March in the eligible period specified in the application. Decision on application  (3) If an application under subsection (1) has been made for an exemption order or target reduction order, the ACMA must, after considering the application:  (a) by writing, make the exemption order or target reduction order, as the case may be; or  (b) refuse to make the exemption order or target reduction order, as the case may be. Criteria for making exemption order or target reduction order  (4) The ACMA must not make the exemption order or target reduction order unless the ACMA is satisfied that a refusal to make the exemption order or target reduction order, as the case may be, would impose an unjustifiable hardship on the applicant.  (5) In determining whether a failure to make the exemption order or target reduction order, as the case may be, would impose an unjustifiable hardship on the applicant, the ACMA must have regard to the following matters:  (a) the nature of the detriment likely to be suffered by the applicant;  (b) the impact of making the exemption order or target reduction order, as the case may be, on deaf or hearing impaired viewers, or potential viewers, of the subscription television service concerned;  (c) the number of people who subscribe to the subscription television service concerned;  (d) the financial circumstances of the applicant;  (e) the estimated amount of expenditure that the applicant would be required to make if there was a failure to make the exemption order or target reduction order, as the case may be;  (f) the extent to which captioning services are provided by the applicant for television programs transmitted on subscription television services provided by the applicant;  (g) the likely impact of a failure to make the exemption order or target reduction order, as the case may be, on the quantity and quality of television programs transmitted on subscription television services provided by the applicant;  (h) whether the applicant has applied, or has proposed to apply, for exemption orders or target reduction orders under this section in relation to any other subscription television services provided by the applicant;  (i) such other matters (if any) as the ACMA considers relevant.  (6) Before making an exemption order, or a target reduction order, under subsection (3), the ACMA must:  (a) within 50 days after receiving the application for the exemption order or target reduction order, as the case may be, publish on the ACMA’s website a notice:  (i) setting out the draft exemption order or draft target reduction order, as the case may be; and  (ii) inviting persons to make submissions to the ACMA about the draft exemption order or draft target reduction order, as the case may be, within 30 days after the notice is published; and  (b) consider any submissions received within the 30‑day period mentioned in subparagraph (a)(ii). Commencement of exemption order or target reduction order  (7) An exemption order, or a target reduction order, under subsection (3) comes into force at the start of the eligible period to which the exemption order or target reduction order, as the case may be, relates. Refusal to make exemption order or target reduction order  (a) an application under subsection (1) has been made for an exemption order or target reduction order; and  (b) the ACMA does not make a decision on the application within the period of 90 days beginning at the start of the day on which the ACMA received the application; the ACMA is taken, at the end of that 90‑day period, to have decided to refuse to make the exemption order or target reduction order, as the case may be.  (a) an application under subsection (1) has been made for an exemption order or target reduction order; and  (b) the ACMA decides to refuse to make the exemption order or target reduction order, as the case may be; the ACMA must give written notice of the decision to the applicant. Publication requirement  (10) If the ACMA makes an exemption order or target reduction order under subsection (3), the ACMA must publish a copy of the order on the ACMA’s website. Order is not a legislative instrument  (11) An exemption order, or a target reduction order, under subsection (3) is not a legislative instrument. Target reduction order may specify different percentages for different years  (12) A target reduction order under subsection (3) may specify different percentages for different financial years.  (13) In this section: eligible period means:  (a) a financial year; or  (b) 2 consecutive financial years; or  (c) 3 consecutive financial years; or  (d) 4 consecutive financial years; or  (e) 5 consecutive financial years. subscription television service includes a proposed subscription television service. 130ZYA  Effect of target reduction order  (1) This section applies if a target reduction order under section 130ZY is applicable to a subscription television service for a financial year. Subscription television broadcasting and narrowcasting services  (2) The subscription television licensee who provides the service must ensure that the percentage worked out using the following formula is not less than the reduced annual captioning target for the service for the financial year:  total captioned hours means the total number of hours of television programs transmitted on the service during the financial year for which a captioning service was provided. total program hours means the total number of hours of television programs transmitted on the service during the financial year. Standard captioning targets do not apply  (3) Subsection 130ZV(1) does not apply to the service for the financial year. 130ZZ  Captioning services for repeats of television programs  (a) a subscription television licensee transmits a television program on a subscription television service; and  (b) the program has been previously transmitted:  (i) on the same subscription television service; or  (ii) on another subscription television service provided by the licensee; and  (c) the licensee provided a captioning service for the program when the program was so previously transmitted; the licensee must provide a captioning service for the television program transmitted as mentioned in paragraph (a).  (2) Subsection (1) does not apply if:  (a) the program when previously transmitted was supplied by a channel provider or part‑channel provider; and  (b) the program when transmitted as mentioned in paragraph (1)(a) was not supplied by that channel provider or part‑channel provider. 130ZZAA  Captioning services for simultaneously transmitted television programs   If:  (a) a subscription television licensee transmits a television program on a subscription television service (the first service); and  (b) the program is simultaneously transmitted on another subscription television service (the second service) provided by the licensee; and  (c) the licensee provides a captioning service for the transmission of the program on the first service; the licensee must provide a captioning service for the television program transmitted on the second service. 130ZZAB  Certain breaches to be disregarded   If:  (a) apart from this section, a subscription television licensee has breached a provision of this Division; and  (b) the breach is attributable to significant difficulties of a technical or engineering nature for the licensee; and  (c) those difficulties could not reasonably have been foreseen by the licensee; then the breach is to be disregarded in determining whether the licensee has complied with the provision. Division 4—Captioning standards 130ZZA  Captioning standards  (1) The ACMA may, by legislative instrument, determine standards that relate to:  (a) the quality of captioning services provided by commercial television broadcasting licensees for television programs; and  (b) the quality of captioning services provided by national broadcasters for television programs; and  (c) the quality of captioning services provided by subscription television broadcasting licensees for television programs; and  (d) the quality of captioning services provided by subscription television narrowcasting licensees for television programs.  (2) For the purposes of subsection (1), quality includes:  (a) readability; and  (b) comprehensibility; and  (c) accuracy.  (2A) In determining a standard under subsection (1), the ACMA must consider the differences (including time constraints for live content) between providing captioning services for:  (a) live television programs and pre‑recorded television programs; and  (b) wholly live or wholly pre‑recorded television programs and television programs that include both live and pre‑recorded program material.  (2B) Subsection (2A) does not authorise the ACMA to determine that a lower quality (within the meaning of subsection (2)) of captioning service is acceptable for a kind of program or program material.  (3) Section 589 of the Telecommunications Act 1997 applies to standards determined under subsection (1) of this section in a corresponding way to the way in which it applies to an instrument under that Act.  (4) A commercial television broadcasting licensee must comply with a standard determined under subsection (1). Note 1: For compliance by licensees, see clause 7 of Schedule 2. Note 2: See also subsection 123(3E) (standards determined under subsection (1) of this section prevail over inconsistent codes of practice).  (5) A national broadcaster must comply with a standard determined under subsection (1).  (6) A subscription television broadcasting licensee must comply with a standard determined under subsection (1). Note 1: For compliance by licensees, see clause 10 of Schedule 2. Note 2: See also subsection 123(3E) (standards determined under subsection (1) of this section prevail over inconsistent codes of practice).  (7) A subscription television narrowcasting licensee must comply with a standard determined under subsection (1). Note 1: For compliance by licensees, see clause 11 of Schedule 2. Note 2: See also subsection 123(3E) (standards determined under subsection (1) of this section prevail over inconsistent codes of practice).  (7A) A failure by a licensee or broadcaster to comply with a standard determined under subsection (1) is to be disregarded to the extent to which the failure is attributable to significant difficulties of a technical or engineering nature for the licensee or broadcaster, which it could not reasonably have foreseen. Timing  (8) The ACMA must take all reasonable steps to ensure that standards are in force under subsection (1) at all times after the end of the 12‑month period that began at the commencement of this section. Division 5—Emergency warnings 130ZZB  Emergency warnings  (1) If a commercial television broadcasting licensee, at the request of an emergency service agency, transmits an emergency warning on any of its commercial television broadcasting services, the licensee must: National broadcaster  (2) If a national broadcaster, at the request of an emergency service agency, transmits an emergency warning on any of its national television broadcasting services, the national broadcaster must: Subscription television licensee  (3) If a subscription television licensee, at the request of an emergency service agency, transmits an emergency warning on a subscription television service, the licensee must: Division 6—Reports and record‑keeping 130ZZC  Annual compliance reports  (1) A commercial television broadcasting licensee must, within 90 days after the end of each financial year, prepare and give to the ACMA a report relating to compliance by the licensee with Divisions 2, 4 and 5 during the financial year.  (2) A report under subsection (1) must: National broadcasters  (3) A national broadcaster must, within 90 days after the end of each financial year, prepare and give to the ACMA a report relating to compliance by the national broadcaster with Divisions 2, 4 and 5 during the financial year.  (4) A report under subsection (3) must: Subscription television licensee  (5) If a subscription television licensee is a body corporate, the licensee must, within 90 days after the end of each financial year, prepare and give to the ACMA a report relating to compliance by the licensee with Divisions 3, 4 and 5 during the financial year.  (6) A report under subsection (5) must: Publication of copy of report  (7) The ACMA must publish on its website a copy of a report given to it under subsection (1), (3) or (5). 130ZZD  Record‑keeping  (1) This section applies to each of the following (a responsible person):  (a) a commercial television broadcasting licensee;  (b) a national broadcaster;  (c) a subscription television licensee that is a body corporate. Note: For compliance, see clause 7 of Schedule 2 (for commercial television broadcasting licensees), clause 10 of Schedule 2 (for subscription television broadcasting licensees) and clause 11 of Schedule 2 (for subscription television narrowcasting licensees).  (2) A responsible person must, in a form approved in writing by the ACMA, make:  (a) written records sufficient to enable the responsible person’s compliance with Division 2 or 3 to be readily ascertained; and  (b) audio‑visual records sufficient to enable the responsible person’s compliance with Divisions 4 and 5 to be readily ascertained.  (3) A written record must be retained in the responsible person’s custody for at least 90 days after the responsible person’s report under section 130ZZC in relation to the financial year to which the record relates is given to the ACMA.  (4) An audio‑visual record must be retained in the responsible person’s custody:  (a) for at least 30 days after the day the program to which the record relates was broadcast; or  (b) if, before the end of those 30 days, the responsible person becomes aware that a complaint has been made under Part 11 about captioning of the program—for at least 90 days after the day the program was broadcast.  (5) A responsible person must, without charge, make available to the ACMA on request any records retained by the responsible person under this section (whether or not the minimum period for retaining the records has passed). Division 7—Review of this Part etc. 130ZZE  Review of this Part etc.  (1) Before 31 December 2016, the ACMA must conduct a review of the following matters:  (a) the operation of this Part;  (b) whether this Part should be amended;  (c) the operation of paragraph 7(1)(o) of Schedule 2;  (d) whether paragraph 7(1)(o) of Schedule 2 should be amended;  (e) the operation of paragraph 10(1)(eb) of Schedule 2;  (f) whether paragraph 10(1)(eb) of Schedule 2 should be amended;  (g) the operation of paragraph 11(1)(bc) of Schedule 2;  (h) whether paragraph 11(1)(bc) of Schedule 2 should be amended.  (2) In conducting the review, the ACMA must make provision for public consultation.  (3) The ACMA must give the Minister a report of the review before 30 June 2017.  (4) The Minister must cause copies of a report under subsection (3) to be tabled in each House of the Parliament within 15 sittings days of that House after receiving the report. Part 9E—Prominence framework 130ZZF  Simplified outline of this Part • This Part sets up a framework to regulate the accessibility and prominent display of certain broadcasting services and broadcasting video on demand services (called regulated television services) on devices designed for viewing television (called regulated television devices). • The main rules are that a person who is a manufacturer of a regulated television device, or a related body corporate of a manufacturer:  (a) must not supply the device in Australia if the device does not comply with the minimum prominence requirements for a regulated television service; and  (b) must ensure the device continues to comply with those requirements after the device is supplied; and  (c) must not charge a regulated television service provider in relation to the device complying with those requirements; and  (d) must take reasonable steps to ensure that the audiovisual content provided by a regulated television service is not altered or interfered with.  There are exceptions to these rules. • A person who contravenes these rules may be liable to a civil penalty. • Regulated television services include national television broadcasting services, commercial television broadcasting services, community television broadcasting services and certain broadcasting video on demand services provided free to the public. • The regulations may prescribe the minimum prominence requirements for a regulated television service. • The ACMA has information gathering and enforcement functions and powers in relation to this Part. • There is to be a review of the operation of this Part. 130ZZG  Objects The objects of this Part are to ensure that audiences throughout Australia are able to access free‑to‑air television content in order to:  (a) support Australia’s representative democracy by informing Australians of issues or events that are relevant to public debate and democratic decision‑making; and  (b) ensure that audiences throughout Australia are able to access content that is of public significance at a local, regional or national level; and  (c) contribute to meeting the communications needs of Australia’s multicultural society, including ethnic, Aboriginal and Torres Strait Islander communities. 130ZZH  Definitions audiovisual content includes television programs. broadcasting video on demand service has the meaning given by section 130ZZK. community television broadcasting service means a community broadcasting service that provides television programs. listed carriage service has the same meaning as in the Telecommunications Act 1997. manufacturer has the same meaning as in the Competition and Consumer Act 2010. minimum prominence requirements: see section 130ZZO. offered has a meaning affected by subsection 130ZZN(9). primary user interface: see section 130ZZL. regulated television device has the meaning given by section 130ZZI. regulated television service has the meaning given by section 130ZZJ. regulated television service provider means a person that provides a regulated television service. 130ZZI  Regulated television devices Meaning of regulated television device  (1) For the purposes of this Part, a regulated television device means:  (a) domestic reception equipment that:  (i) is capable of connecting to the internet and providing access to broadcasting video on demand services; and  (ii) is designed for the primary purpose of facilitating the viewing of audiovisual content; or  (b) specified domestic reception equipment that the ACMA determines, under subsection (2), is a regulated television device; but does not include specified domestic reception equipment that the ACMA determines, under subsection (3), is not a regulated television device. Note: The ACMA may also make guidelines about regulated television devices: see section 130ZZM. ACMA may determine specified regulated television devices  (2) For the purposes of paragraph (1)(b), the ACMA may, by legislative instrument, determine that specified domestic reception equipment is a regulated television device.  (3) For the purposes of subsection (1), the ACMA may, by legislative instrument, determine that specified domestic reception equipment is not a regulated television device. 130ZZJ  Regulated television services Meaning of regulated television service  (1) For the purposes of this Part, each of the following is a regulated television service:  (a) the following broadcasting services:  (i) national television broadcasting services provided by the Australian Broadcasting Corporation;  (ii) national television broadcasting services provided by the Special Broadcasting Service Corporation;  (iii) commercial television broadcasting services provided by a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1));  (iv) community television broadcasting services provided by a community television broadcasting licensee;  (b) a broadcasting video on demand service provided by any of the following, using an application that is covered by subsection (5) of this section:  (i) the Australian Broadcasting Corporation;  (ii) the Special Broadcasting Service Corporation;  (iii) a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1));  (iv) a related body corporate of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1));  (c) a specified service that the Minister determines, under subsection (2) of this section, is a regulated television service; but does not include a specified service that the Minister determines, under subsection (3) of this section, is not a regulated television service. Minister may determine specified services  (2) For the purposes of paragraph (1)(c), the Minister may, by legislative instrument, determine that a specified service is a regulated television service.  (3) For the purposes subsection (1), the Minister may, by legislative instrument, determine that a specified service is not a regulated television service. ACMA may give advice  (4) The ACMA may provide advice to the Minister on any matter relevant to:  (a) the determination, by the Minister, that a specified service is a regulated television service; or  (b) the determination, by the Minister, that a specified service is not a regulated television service. Broadcasting video on demand service applications  (5) For the purposes of paragraph (1)(b), an application is covered by this subsection if:  (a) the application is designed for the purpose of providing access to a particular broadcasting video on demand service; and  (b) the application is provided by:  (i) an entity mentioned in subparagraph (1)(b)(i), (ii), (iii) or (iv); or  (ii) an entity that provides a specified service that the Minister determines under subsection (2) is a regulated television service. 130ZZK  Broadcasting video on demand service   For the purposes of this Part, a broadcasting video on demand service means a service that:  (a) makes audiovisual content available on demand using a listed carriage service; and  (b) is made available free to the general public. 130ZZL  Primary user interface Meaning of primary user interface  (1) For the purposes of this Part, the primary user interface of a regulated television device means the interface of the device that:  (a) is either or both of the following:  (i) the home screen or main screen of the device;  (ii) the main interface most commonly used to provide access to applications that make audiovisual content available on demand using a listed carriage service; and  (b) meets the description or requirements (if any) determined by the ACMA under subsection (3).  (2) For the avoidance of doubt, the primary user interface of a regulated television device does not include any ancillary hardware or equipment for the device. ACMA may specify interface requirements  (3) For the purposes of paragraph (1)(b), the ACMA may, by legislative instrument, do either or both of the following:  (a) describe an interface;  (b) determine requirements relating to an interface.  (4) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the ACMA may describe an interface, or determine requirements relating to an interface, differently in relation to:  (a) different regulated television devices or kinds of regulated television devices; or  (b) different kinds of things or circumstances.  (5) Despite subsection 14(2) of the Legislation Act 2003, an instrument under subsection (3) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.  (6) If an instrument under subsection (3) makes provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing, the ACMA must ensure that the text of the matter applied, adopted or incorporated is published on its website.  (7) Subsection (6) does not apply if the publication would infringe copyright. 130ZZM  ACMA may make guidelines about regulated television devices  (1) The ACMA may make written guidelines to assist in determining whether particular kinds of domestic reception equipment are regulated television devices. Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.  (2) The Minister may direct the ACMA to make guidelines under subsection (1).  (3) Guidelines made under subsection (1) are not a legislative instrument.  (4) Guidelines made under subsection (1) must be published on the ACMA’s website.  (5) Guidelines under subsection (1) that are inconsistent with this Act, the regulations or a legislative instrument made under subsection 130ZZI(2) or (3) have no effect to the extent of the inconsistency. Division 2—Minimum prominence requirements 130ZZN  Regulated television devices must comply with minimum prominence requirements Must carry obligations  (1) A person must not supply a regulated television device if:  (a) the person is the manufacturer of the device or a related body corporate of the manufacturer of the device; and  (b) the device is supplied to another person in Australia; and  (c) the device does not comply with the minimum prominence requirements for a regulated television service that is offered by a regulated television service provider. Note 1: In relation to paragraph (b), supply does not include supply for use outside Australia (see the definition of supply and subsection 95A(2) of the Competition and Consumer Act 2010). Note 2: In relation to paragraph (c), see subsection (9) for when a service is or is not taken to be offered.  (2) A person who is subject to a requirement under subsection (1) in relation to a regulated television device must take reasonable steps to ensure that the device continues to comply with the minimum prominence requirements for a regulated television service during the period:  (a) beginning immediately after the time the device is supplied; and  (b) ending at the earliest of the following times:  (i) the time when an action by a user of the device results in the device not complying with those requirements;  (ii) the time when the software used on the device is no longer provided, updated or supported by the manufacturer, or by another person on behalf of the manufacturer;  (iii) the time when the regulated television service is no longer offered by the regulated television service provider. Note: In relation to subparagraph (b)(iii), see subsection (9) for when a service is or is not taken to be offered.  (3) A person who is subject to a requirement under subsection (1) or (2) in relation to a regulated television device complying with the minimum prominence requirements for a regulated television service must not require the regulated television service provider to pay a fee, charge or any other consideration for, or in connection with, the device complying with those requirements.  (4) A person who is subject to a requirement under subsection (1) or (2) in relation to a regulated television device complying with the minimum prominence requirements for a regulated television service, must take reasonable steps to ensure that the audiovisual content provided by that service, including any advertising or sponsorship matter, is not altered or interfered with. Civil penalty provisions  (5) Subsections (1), (2), (3) and (4) are civil penalty provisions. Exception  (6) Subsection (1) or (2) does not apply to a person if:  (a) the person is subject to a requirement under that subsection; and  (b) the person fails to comply with that requirement; and  (c) that failure to comply is because of circumstances that are outside the control of the person. Warnings  (7) If the ACMA is satisfied that a person has contravened subsection (1), (2), (3) or (4), the ACMA may issue a formal warning to the person.  (8) For the purposes of this Act and the Australian Communications and Media Authority Act 2005, a warning under subsection (7) is taken to be a notice under this Part. ACMA may prescribe when a regulated television service is offered  (9) For the purposes of this section, the ACMA may, by legislative instrument:  (a) determine circumstances in which a regulated television service is or is not taken to be offered; and  (b) without limiting subsection 33(3A) of the Acts Interpretation Act 1901, determine different circumstances in relation to different regulated television services or kinds of regulated television services. 130ZZO  Regulations may prescribe minimum prominence requirements  (1) The regulations may prescribe requirements (the minimum prominence requirements), with which a regulated television device must comply, in relation to any or all of the following:  (a) access to regulated television services on the device;  (b) the display, location or positioning on the device or the primary user interface of the device of:  (i) regulated television services; or  (ii) applications, covered by subsection 130ZZJ(5), that are used to access regulated television services; or  (iii) any other thing used to access regulated television services;  (c) installation on the device of applications, covered by subsection 130ZZJ(5), that are used to access regulated television services;  (d) the availability for installation on the device of such applications;  (e) the updating of such applications that are installed on the device;  (f) any electronic program guide on the device that provides information about or access to regulated television services.  (2) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the regulations may prescribe:  (a) different requirements in relation to different regulated television devices or kinds of regulated television devices; or  (b) different requirements in relation to different regulated television services or kinds of regulated television services; or  (c) different requirements in relation to different kinds of things or circumstances.  (3) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.  (4) If regulations under this section make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing, the Minister must ensure that the text of the matter applied, adopted or incorporated is published on the Department’s website.  (5) Subsection (4) does not apply if the publication would infringe copyright. 130ZZP  Remedial directions—contravention of minimum prominence requirements  (1) This section applies if the ACMA is satisfied that a person has contravened, or is contravening, subsection 130ZZN(1), (2), (3) or (4). Remedial directions  (2) The ACMA may give the person a written direction requiring the person to take specified action directed towards ensuring that the person does not contravene subsection 130ZZN(1), (2), (3) or (4), or is unlikely to contravene that subsection, in the future. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.  (3) A person must not contravene a direction under subsection (2).  (5) A person who contravenes subsection (3) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues. Notice  (7) For the purposes of this Act and the Australian Communications and Media Authority Act 2005, a direction under subsection (2) is taken to be a notice under this Part. 130ZZQ  ACMA may obtain information and documents  (1) This section applies to a person who:  (a) is a manufacturer of a regulated television device; or  (b) is a related body corporate of a manufacturer of a regulated television device; or  (c) is a regulated television service provider; if:  (d) the ACMA has reason to believe that the person has information or a document that is relevant to:  (i) monitoring compliance with this Part; or  (ii) the performance of the ACMA’s functions under paragraph 10(1)(a), (la), (lb), (lc), (ld), (n) or (q) of the Australian Communications and Media Authority Act 2005. ACMA may require information or documents  (c) to make copies of any such documents and to produce to the ACMA, within the period and in the manner specified in the notice, those copies.  (5) A person who contravenes subsection (3) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues. 130ZZR  Copies of documents  (1) The ACMA may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.  (2) The ACMA may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 130ZZQ(2)(c). 130ZZS  Service of notices by electronic means   Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 do not apply to:  (a) a notice under this Part; or  (b) a notice under any other provision of this Act, so far as that provision relates to this Part. Note: Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 deal with the consent of the recipient of information to the information being given by way of electronic communication. 130ZZT  Relationship with other laws   This Part does not limit the operation of any other provision of this Act. 130ZZU  Concurrent operation of State and Territory laws   It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent to which that law is capable of operating concurrently with this Part. Division 5—Review of this Part etc. 130ZZV  Review of this Part Review of this Part  (1) The Minister must cause a review to be conducted of the operation, effectiveness and implications of:  (a) this Part; and  (b) the remaining provisions of this Act to the extent to which they relate to this Part; and  (c) regulations made for the purposes of section 130ZZO; and  (d) any legislative instruments made under subsection 130ZZI(2) or (3), 130ZZJ(2) or (3), 130ZZL(3) or 130ZZN(9); and  (e) any guidelines made under subsection 130ZZM(1).  (2) The review must commence as soon as practicable after the end of the 2 year period starting on the day that is 18 months after the commencement of this Part.  (3) The persons undertaking the review must give the Minister a written report of the review. The report must not include information that is commercially sensitive.  (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sittings days of that House after receiving the report. 130ZZW  Minister may request report   The Minister may, by written notice given to the ACMA, request the ACMA to:  (a) prepare a report about any one or more of the following:  (i) regulated television devices;  (ii) regulated television services;  (iii) technological developments that relate to regulated television devices or regulated television services;  (iv) access to regulated television services by users of regulated television devices;  (v) developments in the broadcasting service industry and broadcasting video on demand service industry; and 130ZZX  Minister may direct ACMA about the exercise of its powers  (1) The Minister may, by legislative instrument, give a direction to the ACMA about the exercise of the powers conferred on the ACMA by this Part. Part 10—Remedies for breaches of licensing provisions Division 1—Offences for providing unlicensed services 131  Prohibition on providing a commercial television broadcasting service without a licence   A person must not provide a commercial television broadcasting service unless the person has a licence to provide that service.