Broadcasting Services Act 1992

This section applies if:

the following conditions are satisfied:

a commercial television broadcasting licence is allocated under section 38C for a particular licence area;

that is the first or only occasion on which a commercial television broadcasting licence is allocated under section 38C for the licence area;

if the ACMA has not given an invitation under section 130ZCAA in relation to the licence area—90 days pass after the allocation of the licence, and no conditional access scheme for the licence area has been registered, or is required to be registered, under section 130ZC;

if the ACMA has given an invitation under section 130ZCAA in relation to the licence area—60 days pass after the invitation is given, and no conditional access scheme for the licence area has been registered, or is required to be registered, under section 130ZC; or

the following conditions are satisfied:

a commercial television broadcasting licence is allocated under section 38C for a particular licence area;

a conditional access scheme for the licence area is registered under section 130ZC;

the ACMA gives a notice under subsection 130ZCAB(2) to a body or association in relation to the scheme;

the body or association does not give the ACMA a copy of a replacement scheme within the period specified in the notice; or

the following conditions are satisfied:

a commercial television broadcasting licence is allocated under section 38C for a particular licence area;

a conditional access scheme for the licence area is registered under section 130ZC;

the ACMA gives a notice under subsection 130ZCAB(2) to a body or association in relation to the scheme;

the body or association gives the ACMA a copy of a replacement scheme within the period specified in the notice;

35 days pass after the copy is given to the ACMA, and the replacement scheme has not been, and is not required to be, registered under section 130ZC.

The ACMA may, by legislative instrument, formulate a conditional access scheme for the licence area.

The ACMA must not formulate a conditional access scheme unless:

the ACMA is satisfied that:

if the scheme is for the South Eastern Australia TV3 licence area or the Northern Australia TV3 licence area—the scheme complies with section 130ZB; or

if the scheme is for the Western Australia TV3 licence area—the scheme complies with section 130ZBB; and

the ACMA is satisfied that the scheme is consistent with the principle that a person in the licence area should have adequate reception of:

all of the applicable terrestrial digital commercial television broadcasting services; or

all of the commercial television broadcasting services that the section 38C licensee is required to provide under clauses 7B and 7C of Schedule 2.

The ACMA must register a scheme formulated under subsection (2) by including it in the register under section 130ZE.

Before registering a conditional access scheme formulated under subsection (2), the ACMA must:

publish on its website:

a draft of the scheme; and

a notice inviting interested persons to give written submissions about the draft to the ACMA within the period specified in the notice; and

if any submissions are given to the ACMA within that period—have due regard to those submissions in formulating the scheme.

The period specified under subparagraph (5)(a)(ii) must not be shorter than 14 days.