Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZF

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.