Broadcasting Services Act 1992

The ACMA may, by legislative instrument, determine standards that relate to:

the quality of captioning services provided by commercial television broadcasting licensees for television programs; and

the quality of captioning services provided by national broadcasters for television programs; and

the quality of captioning services provided by subscription television broadcasting licensees for television programs; and

the quality of captioning services provided by subscription television narrowcasting licensees for television programs.

For the purposes of subsection (1), quality includes:

readability; and

comprehensibility; and

accuracy.

In determining a standard under subsection (1), the ACMA must consider the differences (including time constraints for live content) between providing captioning services for:

live television programs and pre‑recorded television programs; and

wholly live or wholly pre‑recorded television programs and television programs that include both live and pre‑recorded program material.

Subsection (2A) does not authorise the ACMA to determine that a lower quality (within the meaning of subsection (2)) of captioning service is acceptable for a kind of program or program material.

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.

A commercial television broadcasting licensee must comply with a standard determined under subsection (1).

For compliance by licensees, see clause 7 of Schedule 2.

See also subsection 123(3E) (standards determined under subsection (1) of this section prevail over inconsistent codes of practice).

A national broadcaster must comply with a standard determined under subsection (1).

A subscription television broadcasting licensee must comply with a standard determined under subsection (1).

For compliance by licensees, see clause 10 of Schedule 2.

See also subsection 123(3E) (standards determined under subsection (1) of this section prevail over inconsistent codes of practice).

A subscription television narrowcasting licensee must comply with a standard determined under subsection (1).

For compliance by licensees, see clause 11 of Schedule 2.

See also subsection 123(3E) (standards determined under subsection (1) of this section prevail over inconsistent codes of practice).

A failure by a licensee or broadcaster to comply with a standard determined under subsection (1) is to be disregarded to the extent to which the failure is attributable to significant difficulties of a technical or engineering nature for the licensee or broadcaster, which it could not reasonably have foreseen.

The ACMA must take all reasonable steps to ensure that standards are in force under subsection (1) at all times after the end of the 12‑month period that began at the commencement of this section.