(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
(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.
(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
(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.
(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).
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.
130ZC Registration of conditional access scheme developed by representative body or association
Scope
(1) This section applies if:
(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:
(i) all of the applicable terrestrial digital commercial television broadcasting services; or
(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
Scope
(1) This section applies if:
(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:
(i) all of the applicable terrestrial digital commercial television broadcasting services; or
(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
Scope
(1) This section applies if:
(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
Scope
(1) This section applies if:
(a) the following conditions are satisfied:
(i) a commercial television broadcasting licence is allocated under section 38C for a particular licence area;
(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:
(i) a commercial television broadcasting licence is allocated under section 38C for a particular licence area;
(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:
(i) a commercial television broadcasting licence is allocated under section 38C for a particular licence area;
(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:
(i) all of the applicable terrestrial digital commercial television broadcasting services; or
(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.
Consultation
(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.
(2) If:
(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.
(3) If:
(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.
(2) The Register is to be maintained by electronic means.
(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.
Scope
(1) This section applies if:
(a) a conditional access scheme is registered under section 130ZC; and
(b) either:
(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
(5) If:
(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.
Consultation
(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:
(a) this Act; and
(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:
(a) this Act; and
(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