Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130B

  (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 using the broadcasting services bands:

  (a)   commercial television broadcasting services;

  (b)   national television broadcasting services;

  (c)   community television broadcasting services;

  (d)   subscription television broadcasting services;

  (e)   television broadcasting services provided under a class licence;

  (f)   datacasting services provided under datacasting licences.

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 using the broadcasting services bands:

  (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;

  (vi)   datacasting services provided under datacasting licences; 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 using the broadcasting services bands:

  (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;

  (vi)   datacasting services provided under datacasting licences; 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 subscription television broadcasting services

  (6)   For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving subscription television broadcasting services when used:

  (a)   in isolation; or

  (b)   in conjunction with any other equipment.

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:

"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 .