(24) Online content service provider rules made for the purposes of clause 23 of Schedule 8 apply in relation to this section in a corresponding way to the way in which they apply in relation to that Schedule.
Definitions
(25) In this section:
commentator betting odds promotion means gambling promotional content to the extent to which it consists of the provision of betting odds (however described) by a commentator.
conclusion, in relation to a sporting event, has a meaning affected by subsection (24).
coverage has the same meaning as in Schedule 8.
gambling promotional content means:
(a) advertising matter; or
(b) sponsorship matter; or
(c) promotional matter;
that relates to a gambling service.
gambling service has the same meaning as in Schedule 8.
gambling service provider means a person who provides a gambling service.
in conjunction with, when used in relation to live coverage of a sporting event, has the meaning given by subsections (11) to (14).
live, in relation to coverage of a sporting event, has the same meaning as in Schedule 8.
representative venue‑based promotion means gambling promotional content to the extent to which it consists of:
(a) visual images (whether animated or otherwise) of a representative of a gambling service provider; or
(b) speech of a representative of a gambling service provider;
where those visual images, or that speech, as the case may be, gives the impression that the representative is at, or around, the venue of a sporting event.
scheduled start, in relation to a sporting event, has a meaning affected by subsection (23).
sporting event has a meaning affected by subsections (20), (21) and (22).
126 Consultation on standards
The ACMA must, before determining, varying or revoking a standard, seek public comment on the proposed standard or the variation or revocation.
127 Notification of determination or variation or revocation of standards
(1) If the ACMA determines or varies or revokes a standard, the ACMA must publish a notice stating:
(a) that the standard has been determined, varied or revoked; and
(b) the places where copies of the standard or of the variation or revocation can be accessed.
(2) A notice under subsection (1) must be published:
(a) on the ACMA’s website; and
(b) in one or more other forms that are readily accessible by the public.
Example: Publication in a form mentioned in paragraph (b) could be publication on a website other than the ACMA’s website.
128 Standards and codes to be amendable by the Parliament
(1) If:
(a) either House of the Parliament agrees to an amendment of a standard or code of practice which has been determined or registered in accordance with this Part; and
(b) otherwise than as mentioned in subsection (2), the other House agrees to that amendment of the standard or code of practice;
the standard or code of practice has effect as amended by that amendment from the 28th day after the day on which that other House agrees to the amendment.
(2) If notice of a motion for an amendment to a standard or code of practice is given in a House, and within 15 sitting days of that House after the notice has been given:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on and moved and has not been withdrawn or otherwise disposed of;
the amendment specified in the motion shall then be taken to have been agreed to by that House.
129 Limitation of ACMA’s power in relation to standards
(1) Subject to subsection (2), the ACMA must not determine a standard that requires that, before programs are broadcast, the programs, or a sample of the programs, be approved by the ACMA or by a person or body appointed by the ACMA.
(2) The ACMA may determine such a standard in relation to programs for children.
130 Application of the Competition and Consumer Act
Nothing in this Part is to be taken as specifically authorising any act or thing for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
Part 9A—Technical standards
130A Technical standards for digital transmission—television etc.
(1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission in digital mode of any or all of the following services delivered using the broadcasting services bands:
(a) commercial television broadcasting services;
(b) national television broadcasting services;
(c) community television broadcasting services;
(d) subscription television broadcasting services;
(e) subscription television narrowcasting services provided under a class licence;
(ea) open narrowcasting television services provided under a class licence;
(f) datacasting services provided under datacasting licences.
Conditional access systems
(2) Standards under subsection (1), to the extent that they deal with conditional access systems, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those systems should be open to all providers of eligible datacasting services.
Application program interfaces
(3) Standards under subsection (1), to the extent that they deal with application program interfaces, must be directed towards ensuring the achievement of the policy objective that, as far as is practicable, those interfaces should be open to all providers of eligible datacasting services.
Instruments
(6) 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.
Compliance
(7) A national broadcaster must comply with a standard determined under subsection (1).
Note 1: For compliance by holders of commercial television broadcasting licences, see clause 7 of Schedule 2.
Note 2: For compliance by holders of community television broadcasting licences, see clause 9 of Schedule 2.
Note 3: For compliance by holders of subscription television broadcasting licences, see clause 10 of Schedule 2.
Note 4: For compliance by providers of television broadcasting services provided under a class licence, see clause 11 of Schedule 2.
Note 5: For compliance by holders of datacasting licences, see clause 24 of Schedule 6.
Definitions
(8) In this section:
application program interface has the meaning generally accepted within the broadcasting industry.
conditional access system means a conditional access system that:
(a) relates to the provision of one or more eligible datacasting services; and
(b) allows a provider of an eligible datacasting service to determine whether an end‑user is able to receive a particular eligible datacasting service.
digital mode has the same meaning as in Schedule 4.
eligible datacasting service means:
(a) a datacasting service provided under, and in accordance with the conditions of, a datacasting licence; or
(b) a television broadcasting service transmitted in digital mode using the broadcasting services bands.
national television broadcasting service has the same meaning as in Schedule 4.
130AA Technical standards for digital transmission—radio etc.
(1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission of any or all of the following services using a digital modulation technique:
(a) commercial radio broadcasting services;
(b) national radio broadcasting services;
(c) community radio broadcasting services;
(d) subscription radio broadcasting services provided under a class licence;
(e) subscription radio narrowcasting services provided under a class licence;
(f) open narrowcasting radio services provided under a class licence.
Instruments
(2) 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.
Compliance
(3) A national broadcaster must comply with a standard determined under subsection (1).
Note 1: For compliance by holders of commercial radio broadcasting licences, see clause 8 of Schedule 2.
Note 2: For compliance by holders of community radio broadcasting licences, see clause 9 of Schedule 2.
Note 3: For compliance by providers of radio broadcasting services provided under a class licence, see clause 11 of Schedule 2.
130AB Technical standards relating to the operation of multiplex transmitters
(1) The ACMA may, by legislative instrument, determine technical standards that relate to the operation of multiplex transmitters under digital radio multiplex transmitter licences.
Note: For compliance, see paragraph 109B(1)(o) of the Radiocommunications Act 1992.
Instruments
(2) 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.
130AC Technical standards for digital transmission of television services provided with the use of a satellite
(1) The ACMA may, by legislative instrument, determine technical standards that relate to the transmission in digital mode of either or both of the following services:
(a) commercial television broadcasting services provided under a licence allocated under section 38C;
(b) national television broadcasting services provided with the use of a satellite.
Instruments
(2) 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.
Compliance
(3) A national broadcaster must comply with a standard determined under subsection (1).
Note: For compliance by holders of commercial television broadcasting licences, see paragraph 7A(1)(d) of Schedule 2.
Definitions
(4) In this section:
digital mode has the same meaning as in Schedule 4.
national television broadcasting service has the same meaning as in Schedule 4.
130B Technical standards for domestic digital reception equipment—television etc.
(1) The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:
(a) commercial television broadcasting services;
(b) national television broadcasting services;
(c) community television broadcasting services;
(d) subscription television broadcasting services;
(e) television broadcasting services provided under a class licence;
(f) datacasting services provided under datacasting licences.
Offence
(2) A person commits an offence if:
(a) the person supplies equipment; and
(b) the equipment is domestic reception equipment; and
(c) the equipment is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:
(i) commercial television broadcasting services;
(ii) national television broadcasting services;
(iii) community television broadcasting services;
(iv) subscription television broadcasting services;
(v) television broadcasting services provided under a class licence;
(vi) datacasting services provided under datacasting licences; and
(d) the equipment does not comply with a standard determined under subsection (1).
Penalty: 1,500 penalty units.
Civil penalty
(3) A person must not supply domestic reception equipment if:
(a) the equipment is capable of receiving any or all of the following services transmitted in digital mode using the broadcasting services bands:
(i) commercial television broadcasting services;
(ii) national television broadcasting services;
(iii) community television broadcasting services;
(iv) subscription television broadcasting services;
(v) television broadcasting services provided under a class licence;
(vi) datacasting services provided under datacasting licences; and
(b) the equipment does not comply with a standard determined under subsection (1).
(4) Subsection (3) is a civil penalty provision.
Instruments
(5) 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.
Reception of subscription television broadcasting services
(6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription television broadcasting services when used:
(a) in isolation; or
(b) in conjunction with any other equipment.
Exemptions
(7) The ACMA may, by legislative instrument, exempt specified domestic reception equipment from subsections (2) and (3).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Definitions
(8) In this section:
digital mode has the same meaning as in Schedule 4.
national television broadcasting service has the same meaning as in Schedule 4.
supply has the same meaning as in the Competition and Consumer Act 2010.
130BA Technical standards for domestic digital reception equipment—radio etc.
(1) The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted using a digital modulation technique:
(a) commercial radio broadcasting services;
(b) national radio broadcasting services;
(c) community radio broadcasting services;
(d) subscription radio broadcasting services provided under a class licence;
(e) subscription radio narrowcasting services provided under a class licence;
(f) open narrowcasting radio services provided under a class licence.
Offence
(2) A person commits an offence if:
(a) the person supplies equipment; and
(b) the equipment is domestic reception equipment; and
(c) the equipment is capable of receiving any or all of the following services transmitted using a digital modulation technique:
(i) commercial radio broadcasting services;
(ii) national radio broadcasting services;
(iii) community radio broadcasting services;
(iv) subscription radio broadcasting services provided under a class licence;
(v) subscription radio narrowcasting services provided under a class licence;
(vi) open narrowcasting radio services provided under a class licence; and
(d) the equipment does not comply with a standard determined under subsection (1).
Penalty: 1,500 penalty units.
Civil penalty
(3) A person must not supply domestic reception equipment if:
(a) the equipment is capable of receiving any or all of the following services transmitted using a digital modulation technique:
(i) commercial radio broadcasting services;
(ii) national radio broadcasting services;
(iii) community radio broadcasting services;
(iv) subscription radio broadcasting services provided under a class licence;
(v) subscription radio narrowcasting services provided under a class licence;
(vi) open narrowcasting radio services provided under a class licence; and
(b) the equipment does not comply with a standard determined under subsection (1).
(4) Subsection (3) is a civil penalty provision.
Instruments
(5) 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.
Reception of subscription radio broadcasting services
(6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription radio broadcasting services when used:
(a) in isolation; or
(b) in conjunction with any other equipment.
Exemptions
(7) The ACMA may, by legislative instrument, exempt specified domestic reception equipment from subsections (2) and (3).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Definition
(8) In this section:
supply has the same meaning as in the Competition and Consumer Act 2010.
130BB Technical standards for domestic digital reception equipment—television services provided with the use of a satellite
(1) The ACMA may, by legislative instrument, determine technical standards that relate to domestic reception equipment that is capable of receiving any or all of the following services transmitted in digital mode:
(a) commercial television broadcasting services provided under a licence allocated under section 38C;
(b) national television broadcasting services provided with the use of a satellite;
(c) community television broadcasting services provided with the use of a satellite;
(d) open narrowcasting television services provided with the use of a satellite.
Offence
(2) A person commits an offence if:
(a) the person supplies equipment; and
(b) the equipment is domestic reception equipment; and
(c) the equipment is capable of receiving any or all of the following services transmitted in digital mode:
(i) commercial television broadcasting services provided under a licence allocated under section 38C;
(ii) national television broadcasting services provided with the use of a satellite;
(iii) community television broadcasting services provided with the use of a satellite;
(iv) open narrowcasting television services provided with the use of a satellite; and
(d) the equipment does not comply with a standard determined under subsection (1).
Penalty: 1,500 penalty units.
Civil penalty
(3) A person must not supply domestic reception equipment if:
(a) the equipment is capable of receiving any or all of the following services transmitted in digital mode:
(i) commercial television broadcasting services provided under a licence allocated under section 38C;
(ii) national television broadcasting services provided with the use of a satellite;