(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
(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 television services provided with the use of a satellite
(6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving any or all of the following 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;
(ba) community television broadcasting services provided with the use of a satellite;
(bb) open narrowcasting television services provided with the use of a satellite;
when used:
(c) in isolation; or
(d) in conjunction with any other equipment.
Ministerial direction
(6A) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to:
(a) determine technical standards under subsection (1); or
(b) vary technical standards determined under subsection (1).
(6B) The ACMA must comply with a direction under subsection (6A).
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:
community television broadcasting service means a community broadcasting service that provides television programs.
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.
Part 9B—Industry codes and industry standards
Division 1—Simplified outline
130C Simplified outline
The following is a simplified outline of this Part:
• Industry codes may be registered by the ACMA.
• The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.
• Compliance with industry standards is mandatory.
Division 2—Interpretation
130D Industry codes
For the purposes of this Part, an industry code is a code developed under this Part (whether or not in response to a request under this Part).
130E Industry standards
For the purposes of this Part, an industry standard is a standard determined under this Part.
130F Industry activities
(1) For the purposes of this Part, each of the following is an industry activity:
(a) providing a commercial television broadcasting service;
(b) providing a national television broadcasting service (within the meaning of Schedule 4);
(c) providing a community television broadcasting service;
(d) providing a subscription television broadcasting service;
(e) providing a television broadcasting service under a class licence;
(ea) providing a commercial radio broadcasting service;
(eb) providing a national radio broadcasting service;
(ec) providing a community radio broadcasting service;
(ed) subscription radio broadcasting services provided under a class licence;
(ee) subscription radio narrowcasting services provided under a class licence;
(ef) open narrowcasting radio services provided under a class licence;
(f) providing a datacasting service under a datacasting licence;
(g) importing, manufacturing or supplying domestic reception equipment that is capable of receiving any or all of the following:
(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;
(va) commercial radio broadcasting services;
(vb) national radio broadcasting services;
(vc) community radio broadcasting services;
(vd) subscription radio broadcasting services provided under a class licence;
(ve) subscription radio narrowcasting services provided under a class licence;
(vf) open narrowcasting radio services provided under a class licence;
(vi) datacasting services provided under datacasting licences;
(i) operating a multiplex transmitter under a digital radio multiplex transmitter licence.
Reception of subscription television broadcasting services
(2) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription television broadcasting services, or subscription radio broadcasting services, when used:
(a) in isolation; or
(b) in conjunction with any other equipment.
Definitions
(3) In this section:
import means import into Australia.
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.
130G Sections of the industry
(1) For the purposes of this Part, sections of the industry are to be ascertained in accordance with this section.
(2) The ACMA may, by legislative instrument, determine that persons carrying on, or proposing to carry on, one or more specified kinds of industry activity constitute a section of the industry for the purposes of this Part.
(3) The section must be identified in the determination by a unique name and/or number.
(4) A determination under subsection (2) has effect accordingly.
(5) Sections of the industry determined under subsection (2):
(a) need not be mutually exclusive; and
(b) may consist of the aggregate of any 2 or more sections of the industry determined under subsection (2); and
(c) may be subsets of a section of the industry determined under subsection (2).
(6) Subsection (5) does not, by implication, limit subsection (2).
130H Participants in a section of the industry
For the purposes of this Part, if a person is a member of a group that constitutes a section of the industry, the person is a participant in that section of the industry.
Division 3—General principles relating to industry codes and industry standards
130J Statement of regulatory policy
The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the industry should develop codes (industry codes) that are to apply to participants in that section of the industry in relation to the industry activities of the participants.
130K Examples of matters that may be dealt with by industry codes and industry standards
(1) This section sets out examples of matters that may be dealt with by industry codes and industry standards.
(2) The applicability of a particular example will depend on which section of the industry is involved.
(3) The examples are as follows:
(a) the labelling of domestic reception equipment;
(b) electronic program guides, including the provision of information for the purpose of compiling electronic program guides;
(c) the numbering of digital services, including the use of logical channel numbers;
(d) application program interfaces (within the meaning of section 130A);
(e) conditional access systems (within the meaning of section 130A);
(f) the updating of software used in domestic reception equipment.
130L Industry codes and industry standards not to deal with certain matters
For the purposes of this Part, an industry code or an industry standard that deals with a particular matter has no effect to the extent (if any) to which the matter is dealt with by:
(a) a code registered, or a standard determined, under Part 6 of the Telecommunications Act 1997; or
(b) a code registered, or a standard determined, under Part 9 of this Act; or
(c) a standard determined under Part 9A of this Act; or
(e) a code registered, or a standard determined, under Division 7 of Part 9 of the Online Safety Act 2021; or
(f) a code registered, or a standard determined, under Part 4 of Schedule 6 to this Act; or
(g) a code of practice notified to the ACMA under subsection 8(1) of the Australian Broadcasting Corporation Act 1983; or
(h) a code of practice notified to the ACMA under subsection 10(1) of the Special Broadcasting Service Act 1991.
Division 4—Industry codes
130M Registration of industry codes
(1) This section applies if:
(a) the ACMA is satisfied that a body or association represents a particular section of the industry; and
(b) that body or association develops an industry code that applies to participants in that section of the industry and deals with one or more matters relating to the industry activities of those participants; and
(c) the body or association gives a copy of the code to the ACMA; and
(d) the ACMA is satisfied that:
(i) to the extent to which the code deals with one or more matters of substantial relevance to the community—the code provides appropriate community safeguards for that matter or those matters; and
(ii) to the extent to which the code deals with one or more matters that are not of substantial relevance to the community—the code deals with that matter or those matters in an appropriate manner; and
(e) the ACMA is satisfied that, before giving the copy of the code to the ACMA:
(i) the body or association published a draft of the code and invited members of the public to make submissions to the body or association about the draft within a specified period; and
(ii) the body or association gave consideration to any submissions that were received from members of the public within that period; and
(f) the ACMA is satisfied that, before giving the copy of the code to the ACMA:
(i) the body or association published a draft of the code and invited participants in that section of the industry to make submissions to the body or association about the draft within a specified period; and
(ii) the body or association gave consideration to any submissions that were received from participants in that section of the industry within that period.
(2) The ACMA must register the code by including it in the Register of industry codes kept under section 130ZA.
(3) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.
(4) If:
(a) an industry code (the new code) is registered under this Part; and
(b) the new code is expressed to replace another industry code;
the other code ceases to be registered under this Part when the new code is registered.
130N ACMA may request codes
(1) If the ACMA is satisfied that a body or association represents a particular section of the industry, the ACMA may, by written notice given to the body or association, request the body or association to:
(a) develop an industry code that applies to participants in that section of the industry and deals with one or more specified matters relating to the industry activities of those participants; and
(b) give the ACMA a copy of the code within the period specified in the notice.
(2) The period specified in a notice under subsection (1) must run for at least 120 days.
(3) The ACMA must not make a request under subsection (1) in relation to a particular section of the industry unless the ACMA is satisfied that:
(a) the development of the code is necessary or convenient in order to:
(i) provide appropriate community safeguards; or
(ii) otherwise deal with the performance or conduct of participants in that section of the industry; and
(b) in the absence of the request, it is unlikely that an industry code would be developed within a reasonable period.
(4) The ACMA may vary a notice under subsection (1) by extending the period specified in the notice.
(5) Subsection (4) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901.
(6) A notice under subsection (1) may specify indicative targets for achieving progress in the development of the code (for example, a target of 60 days to develop a preliminary draft of the code).
130P Publication of notice where no body or association represents a section of the industry
(1) If the ACMA is satisfied that a particular section of the industry is not represented by a body or association, the ACMA may publish a notice in the Gazette:
(a) stating that, if such a body or association were to come into existence within a specified period, the ACMA would be likely to give a notice to that body or association under subsection 130N(1); and
(b) setting out the matter or matters relating to the industry activities that would be likely to be specified in the subsection 130N(1) notice.
(2) The period specified in a notice under subsection (1) must run for at least 60 days.
130Q Replacement of industry codes
(1) Changes to an industry code are to be achieved by replacing the code instead of varying the code.
(2) If the replacement code differs only in minor respects from the original code, section 130M has effect, in relation to the registration of the code, as if paragraphs 130M(1)(e) and (f) had not been enacted.
Note: Paragraphs 130M(1)(e) and (f) deal with submissions about draft codes.
Division 5—Industry standards
130R ACMA may determine an industry standard if a request for an industry code is not complied with
(1) This section applies if:
(a) the ACMA has made a request under subsection 130N(1) in relation to the development of a code that is to:
(i) apply to participants in a particular section of the industry; and
(ii) deal with one or more matters relating to the industry activities of those participants; and
(b) any of the following conditions is satisfied:
(i) the request is not complied with;
(ii) if indicative targets for achieving progress in the development of the code were specified in the notice of request—any of those indicative targets were not met;
(iii) the request is complied with, but the ACMA subsequently refuses to register the code; and
(c) the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:
(i) provide appropriate community safeguards in relation to that matter or those matters; or
(ii) otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.
(2) The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard.
(3) Before determining an industry standard under this section, the ACMA must consult the body or association to whom the request mentioned in paragraph (1)(a) was made.
(4) The Minister may give the ACMA a written direction as to the exercise of its powers under this section.
130S ACMA may determine industry standard where no industry body or association formed
(1) This section applies if:
(a) the ACMA is satisfied that a particular section of the industry is not represented by a body or association; and
(b) the ACMA has published a notice under subsection 130P(1) relating to that section of the industry; and
(c) that notice:
(i) states that, if such a body or association were to come into existence within a particular period, the ACMA would be likely to give a notice to that body or association under subsection 130N(1); and
(ii) sets out one or more matters relating to the industry activities of the participants in that section of the industry; and
(d) no such body or association comes into existence within that period; and
(e) the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:
(i) provide appropriate community safeguards in relation to that matter or those matters; or
(ii) otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.
(2) The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard.
(3) The Minister may give the ACMA a written direction as to the exercise of its powers under this section.
130T ACMA may determine industry standards—total failure of industry codes
(1) This section applies if:
(a) an industry code that:
(i) applies to participants in a particular section of the industry; and
(ii) deals with one or more matters relating to the industry activities of those participants;
has been registered under this Part for at least 180 days; and
(b) the ACMA is satisfied that the code is totally deficient (as defined by subsection (6)); and
(c) the ACMA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and
(d) that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to participants in that section of the industry and deals with that matter or those matters.
(2) The period specified in a notice under paragraph (1)(c) must run for at least 30 days.
(3) The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subsection is to be known as an industry standard.
(4) If the ACMA is satisfied that a body or association represents that section of the industry, the ACMA must consult the body or association before determining an industry standard under subsection (3).