Document ID: chunk:federal_register_of_legislation:C2011A00036:clause:3_9
Version: federal_register_of_legislation:C2011A00036
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 77549–79310

9  Transitional—conditional access schemes

Scope
(1) This item applies to a conditional access scheme that was registered under section 130ZC or 130ZCA of the Broadcasting Services Act 1992 before the commencement of this item.

Conditional access schemes
(2) The amendments made by the following items of Schedule 2:
 (a) item 2;
 (b) items 11 to 22;
do not affect the continuity of the scheme.
(3) Within 30 days after this item commences, the ACMA must, under subsection 130ZCAB(2) of the Broadcasting Services Act 1992 as amended by this Act, give to a body or association a notice that:
 (a) requests the body or association to develop another scheme that is expressed to replace the scheme; and
 (b) specifies, under paragraph 130ZCAB(2)(b) of the Broadcasting Services Act 1992 as amended by this Act, the matter of compliance with:
 (i) if the scheme is for the South Eastern Australia TV3 licence area or the Northern Australia TV3 licence area—section 130ZB of the Broadcasting Services Act 1992 as amended by this Act; or
 (ii) if the scheme is for the Western Australia TV3 licence area—section 130ZBB of the Broadcasting Services Act 1992 as amended by this Act.
(4) For the purposes of subsection 130ZCAB(1) of the Broadcasting Services Act 1992 as amended by this Act, the ACMA is taken, when this item commences, to become satisfied that the scheme is not achieving one or more of the objectives set out in:
 (a) if the scheme is for the South Eastern Australia TV3 licence area or the Northern Australia TV3 licence area—section 130ZB of the Broadcasting Services Act 1992 as amended by this Act; or
 (b) if the scheme is for the Western Australia TV3 licence area—section 130ZBB of the Broadcasting Services Act 1992 as amended by this Act.