(5) The industry code ceases to be registered under this Part on the day on which the industry standard comes into force.
(6) For the purposes of this section, an industry code that applies to participants in a particular section of the industry and deals with one or more matters relating to the industry activities of those participants is totally deficient if, and only if:
(a) the code is not operating to provide appropriate community safeguards in relation to that matter or those matters; or
(b) the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter or those matters.
(7) The Minister may give the ACMA a written direction as to the exercise of its powers under this section.
130U ACMA may determine industry standards—partial 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 2 or more matters relating to the industry activities of those participants;
has been registered under this Part for at least 180 days; and
(b) section 130T does not apply to the code; and
(c) the ACMA is satisfied that the code is deficient (as defined by subsection (6)) to the extent to which the code deals with one or more of those matters (the deficient matter or deficient matters); and
(d) 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
(e) 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 the deficient matter or deficient matters.
(2) The period specified in a notice under paragraph (1)(d) 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 the deficient matter or deficient 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).
(5) On and after the day on which the industry standard comes into force, the industry code has no effect to the extent to which it deals with the deficient matter or deficient matters. However, this subsection does not affect:
(a) the continuing registration of the remainder of the industry code; or
(b) any investigation, proceeding or remedy in respect of a contravention of the industry code that occurred before that day.
(6) For the purposes of this section, an industry code that applies to participants in a particular section of the industry and deals with 2 or more matters relating to the industry activities of those participants is deficient to the extent to which it deals with a particular one of those matters if, and only if:
(a) the code is not operating to provide appropriate community safeguards in relation to that matter; or
(b) the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter.
(7) The Minister may give the ACMA a written direction as to the exercise of its powers under this section.
130V Compliance with industry standards
(1) If:
(a) an industry standard that applies to participants in a particular section of the industry is registered under this Part; and
(b) a person is a participant in that section of the industry;
the person must comply with the industry standard.
Offence
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the requirement.
Penalty: 1,500 penalty units.
Civil penalty
(3) Subsection (1) is a civil penalty provision.
130W Formal warnings—breach of industry standards
(1) This section applies to a person who is a participant in a particular section of the industry.
(2) The ACMA may issue a formal warning if the person contravenes an industry standard registered under this Part.
130X Variation of industry standards
The ACMA may, by legislative instrument, vary an industry standard that applies to participants in a particular section of the industry if it is satisfied that it is necessary or convenient to do so to:
(a) provide appropriate community safeguards in relation to one or more matters relating to the industry activities of those participants; and
(b) otherwise regulate adequately those participants in relation to one or more matters relating to the industry activities of those participants.
130Y Revocation of industry standards
(1) The ACMA may, by legislative instrument, revoke an industry standard.
(2) If:
(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.
(2) The Register is to be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
Part 9C—Access to commercial television broadcasting services provided with the use of a satellite
130ZBA Simplified outline
The following is a simplified outline of this Part:
• 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
Scope
(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:
(a) a category A reception area; or
(b) a category B reception area; or
(c) a declared service‑deficient area;
to receive those commercial television broadcasting services.
(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;
to receive those commercial television broadcasting services.
(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
(c) after that time:
(i) the person ceases to be in the category B reception area; and
(ii) the person has not moved to new premises;
the conditional access system must enable the person to receive those commercial television broadcasting services.
(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
(c) after that time:
(i) the person ceases to be in the declared service‑deficient area; and
(ii) the person has not moved to new premises;
the conditional access system must enable the person to receive those commercial television broadcasting services.
(16) In this section:
related terrestrial licence area:
(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).
terrestrial licence area means the licence area of a terrestrial licence.
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
Scope
(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:
(a) a category A reception area; or
(b) a category B reception area; or
(c) a declared service‑deficient area;
to receive those commercial television broadcasting services.
(7) The fourth objective is that the scheme should provide that so much of the section 38C licence area as is not:
(a) a category A reception area; or
(b) a category B reception area; or
(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;
to receive those commercial television broadcasting services.
(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: