Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130BB

  (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;

  (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 .