Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZZN

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 .