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BROADCASTING SERVICES ACT 1992 - SECT 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.



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