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BROADCASTING SERVICES ACT 1992 - SECT 130ZZO

Regulations may prescribe minimum prominence requirements

  (1)   The regulations may prescribe requirements (the minimum prominence requirements ), with which a regulated television device must comply, in relation to any or all of the following:

  (a)   access to regulated television services on the device;

  (b)   the display, location or positioning on the device or the primary user interface of the device of:

  (i)   regulated television services; or

  (ii)   applications, covered by subsection   130ZZJ(5), that are used to access regulated television services; or

  (iii)   any other thing used to access regulated television services;

  (c)   installation on the device of applications, covered by subsection   130ZZJ(5), that are used to access regulated television services;

  (d)   the availability for installation on the device of such applications;

  (e)   the updating of such applications that are installed on the device;

  (f)   any electronic program guide on the device that provides information about or access to regulated television services.

  (2)   Without limiting subsection   33(3A) of the Acts Interpretation Act 1901 , the regulations may prescribe:

  (a)   different requirements in relation to different regulated television devices or kinds of regulated television devices; or

  (b)   different requirements in relation to different regulated television services or kinds of regulated television services; or

  (c)   different requirements in relation to different kinds of things or circumstances.

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

  (3)   Despite subsection   14(2) of the Legislation Act 2003 , regulations made for the purposes 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.

  (4)   If regulations under this section make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing, the Minister must ensure that the text of the matter applied, adopted or incorporated is published on the Department's website.

  (5)   Subsection   (4) does not apply if the publication would infringe copyright.



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