Document ID: chunk:federal_register_of_legislation:C2025C00023:section:130bb:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 130BB (pt 1/2)
Character Range: 525665–528739

130BB  Technical standards for domestic digital reception equipment—television services provided with the use of a satellite
 (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:
 (a) commercial television broadcasting services provided under a licence allocated under section 38C;
 (b) national television broadcasting services provided with the use of a satellite;
 (c) community television broadcasting services provided with the use of a satellite;
 (d) open narrowcasting television services provided with the use of a satellite.

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:
 (i) commercial television broadcasting services provided under a licence allocated under section 38C;
 (ii) national television broadcasting services provided with the use of a satellite;
 (iii) community television broadcasting services provided with the use of a satellite;
 (iv) open narrowcasting television services provided with the use of a satellite; 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:
 (i) commercial television broadcasting services provided under a licence allocated under section 38C;
 (ii) national television broadcasting services provided with the use of a satellite;
 (iii) community television broadcasting services provided with the use of a satellite;
 (iv) open narrowcasting television services provided with the use of a satellite; 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 television services provided with the use of a satellite
 (6) For the purposes of this section, it is immaterial whether domestic reception equipment is capable of receiving any or all of the following transmitted in digital mode:
 (a) commercial television broadcasting services provided under a licence allocated under section 38C;
 (b) national television broadcasting services provided with the use of a satellite;
 (ba) community television broadcasting services provided with the use of a satellite;
 (bb) open narrowcasting television services provided with the use of a satellite;
when used:
 (c) in isolation; or
 (d) in conjunction with any other equipment.

Ministerial direction
 (6A) The Minister may, by legislative