Broadcasting Services Act 1992

This section applies if:

a conditional access scheme is registered under section 130ZC; and

either:

a person is in a category C reception area (within the meaning of the scheme), but is not in a declared service‑deficient area; or

if the scheme is for the Western Australia TV3 licence area—a person is in a category D reception area (within the meaning of the scheme), but is not in a declared service‑deficient area; and

the person considers that he or she does not have adequate reception of all of the applicable terrestrial digital commercial television broadcasting services.

For applicable terrestrial digital commercial television broadcasting services, see section 130ZG.

The person may make a complaint to the ACMA about the matter, so long as:

the following conditions are satisfied:

the person has previously made an application under the scheme for a reception certificate;

the application was made in accordance with the scheme;

the scheme administrator refused to issue the reception certificate; or

the following conditions are satisfied:

the person has previously held a reception certificate under the scheme;

the scheme administrator revoked the reception certificate; or

the following conditions are satisfied:

the person has previously made an application under the scheme for a reception certificate;

the application was made in accordance with the scheme;

the scheme administrator did not deal with the application within 15 business days after receiving the application.

The ACMA must investigate the complaint in a manner determined by the ACMA.

However, the ACMA need not investigate the complaint if it is satisfied that the complaint:

is frivolous or vexatious; or

was not made in good faith.

If:

the person makes a complaint under paragraph (2)(a) or (b); and

having investigated the complaint, the ACMA is satisfied that the person does not have adequate reception of all of the applicable terrestrial digital commercial television broadcasting services;

The specified period must not be longer than 28 days.

In deciding whether to give a direction under subsection (5), it is to be presumed that the person does not have adequate reception of all of the applicable terrestrial digital commercial television broadcasting services, unless the scheme administrator satisfies the ACMA that the person has adequate reception of all of those services.

Before giving a direction under subsection (5), the ACMA must, by written notice given to the scheme administrator:

invite the scheme administrator to make a submission to the ACMA, within the time limit specified in the notice, about the question of whether the person has adequate reception of all of the applicable terrestrial digital commercial television broadcasting services; and

have regard to any submission received within that time limit.

The time limit must not be longer than 28 days.

The scheme administrator must comply with a direction under subsection (5).

If the scheme administrator does not comply with a direction under subsection (5), then:

this Act; and

the conditional access scheme;

If the person makes a complaint under paragraph (2)(c), the ACMA may determine that:

this Act; and

the conditional access scheme;

This Act does not prevent the subsequent revocation of a reception certificate that is taken to have been issued under subsection (11) or (12) if the revocation is on the ground that the holder of the reception certificate is no longer eligible for the reception certificate.

If:

the person makes a complaint under subsection (2); and

the ACMA investigates the complaint;