(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
In this Part:
audiovisual content includes television programs.
Australia, when used in a geographical sense, includes all the external Territories.
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.
national television broadcasting service has the same meaning as in Schedule 4.
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.
related body corporate has the same meaning as in the Corporations Act 2001.
supply has the same meaning as in the Competition and Consumer Act 2010.
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.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(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.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
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.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(3) For the purposes subsection (1), the Minister may, by legislative instrument, determine that a specified service is not a regulated television service.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
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.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(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.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
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.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(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
Scope
(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).
Civil penalty provision
(4) Subsection (3) is a civil penalty provision.
(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.
Designated infringement notice provision
(6) Subsection (3) is a designated infringement notice provision.
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.
Division 3—Information gathering
130ZZQ ACMA may obtain information and documents
Scope
(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
(2) The ACMA may, by written notice given to the person, require the person to do any of the following:
(a) to give to the ACMA, within the period and in the manner and form specified in the notice, any such information;
(b) to produce to the ACMA, within the period and in the manner specified in the notice, any such 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.
(3) A person must comply with a requirement under subsection (2).