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Rule making

Broadcasting Services Act 1992

Ownership and control

  • s 8AE(3) - the ACMA may, by legislative instrument, determine, a community radio licence area is the same as a commercial radio broadcasting licence area.
  • s 8B - the ACMA can determine what is a remote Indigenous community, for the purposes of the BSA, by legislative instrument.
  • s 19 - the ACMA may determine additional criteria for determining categories of broadcasting service by notice in the Gazette.
  • s 30 - the ACMA may, by notice in writing, determine the population of a licence area for the purpose of the BSA, with regard to ABS statistics.
  • s 34 - the ACMA may, by written instrument, determine alternative uses for a part of the BSBs in 7MHz.
  • s 36 - the ACMA is to determine, in writing, a price-based system for allocating commercial television and radio broadcasting licences in the BSBs.
  • s 38B(10) - the ACMA may determine, in writing, a price-based system for allocating commercial TV broadcasting licences in 2-station markets.
  • s 38B(14) - the ACMA may, in writing, determine the amalgamation of licence areas if 30 per cent of the population is attributable to a specified overlap, or if a specified licence area is entirely within another specified licence area.
  • s 38C(18) - if advertising for a commercial TV licence is provided by satellite, the ACMA must, by legislative instrument, determine the eligibility requirements to be met by a person applying for the licence.
  • s 61CF - if a trigger event occurs to a regional commercial radio licensee and it does not submit a draft local content plan in 90 days then the ACMA may, by legislative instrument, determine the local content plan.
  • s 61CH(5) - if the ACMA refuses to approve a draft local plan in regional commercial radio, then it may determine a local content plan by legislative instrument.
  • s 117 - the ACMA may, by notice published in the Gazette, determine a class licence for the provision of subscription and narrowcasting services.
  • s 121FLJ - the ACMA is to maintain a register that includes particulars of all nominated broadcaster declarations currently in force by electronic means.
  • Sch 4 Cl 5 - the ACMA may determine, by legislative instrument, what is a remote licence area regarding digital TV broadcasting.

Content regulation

  • s 122 - the ACMA must, by legislative instrument, determine standards to be observed by commercial TV broadcasting licensees for children's TV and Australian content.
  • s 125 - the ACMA may determine program standards in writing where satisfied that there is convincing evidence that a code of practice is not operating to provide appropriate community safeguards or no code of practice has been registered in a particular section of the broadcasting industry.
  • s 127 - if the ACMA determines, varies or revokes a program standard, it must publish a notice in the Gazette stating that the standard has been determined, varied or revoked and where copies can be purchased.
  • s 130ZZA - the ACMA may, by legislative instrument, determine standards that relate to the quality of captioning services provided by a television licensee.
  • Sch 5 Cll 68, 69, 70, 71 - the ACMA may determine an industry standard for the Online Services industry if a request for an industry code is not complied with, where no industry body or association is formed, or where there is a partial or total failure of a code.
  • Sch 7 Cll 91, 92, 93, 94 - the ACMA may determine an industry standard for the Content Services industry if a request for an industry code is not complied with, where no industry body or association is formed, or where there is a partial or total failure of a code.

Technical regulation

  • s 130A - the ACMA may, by legislative instrument, determine technical standards relating to the transmission in digital mode of TV and datacasting services.
  • s 130AA - the ACMA may, by legislative instrument, determine technical standards for the transmission of radio and restricted datacasting services using a digital modulation technique.
  • s 130AB - the ACMA may, by legislative instrument, determine technical standards that relate to the operation of multiplex transmitters under digital radio multiplex transmitter licences.
  • s 130AC - the ACMA may, by legislative instrument, determine technical standards for the digital transmission of satellite television broadcasting services.
  • s 130B - the ACMA may, by legislative instrument, determine technical standards for domestic digital reception equipment for receiving television and datacasting broadcasting services.
  • s 130BA - the ACMA may, by legislative instrument, determine technical standards for domestic digital reception equipment for receiving radio broadcasting, open narrowcasting and restricted datacasting services.
  • s 130BB - the ACMA may, by legislative instrument, determine technical standards for television services provided with the use of a satellite.
  • s 130R - the ACMA may determine an industry standard if a request for an industry code is not complied with, if the ACMA is satisfied it is needed to protect community safeguards.
  • s 130S - the ACMA may determine industry standards where no industry body or association is formed, if the ACMA is satisfied that it is needed to protect community safeguards.
  • ss 130T, 130U - the ACMA may determine industry standards where there is a total or partial failure of industry codes.
  • s 130ZFA - the ACMA may, by legislative instrument, determine that ‘adequate reception’ has the meaning ascertained in accordance with the determination.

Radiocommunications Act 1992

Technical regulation and standards

  • s 162 - the ACMA may, by legislative instrument, make standards for the performance of a specified device or the maximum permitted level of radio emissions from devices within specified parts of the spectrum.

Australian Communications and Media Authority Act 2005

  • s 10(1)(k) - the ACMA has the function to develop program standards relating to broadcasting in Australia.

Telecommunications (Consumer Protection and Service Standards) Act

  • Part 5 - the ACMA may make performance standards to be complied with by CSPs in relation to consumer service (when directed by the Minister under s124).

Telecommunications Act 1997

Technical regulation

  • ss 376, 380, 384, 389A - the ACMA may, by written instrument, make a technical standard relating to specified customer equipment or cabling, disability equipment power standard, interconnection standard (only if directed by the ACCC), or Layer 2 bitstream technical standard.
  • s 376A - the ACMA must make a technical standard if directed by the Minister.
  • ss 378, 382, 386 - in making a standard the ACMA must, so far as is practicable, try to ensure that it consults interested persons, Standards Australia, bodies or associations approved in writing by Standards Australia and bodies or associations specified in a written determination made by the ACMA.

Broadcasting Services Act 1992

General

  • ss 130R, 130S, 130T, 130U - the ACMA may determine a broadcasting industry standard if a request for an industry code is not complied with, where no industry body or association is formed, or where there is a partial or total failure of a code.

Ownership and control

  • Sch 6 Cl 31 - the ACMA may determine an industry standard (datacasting) where codes of practice fail or where no code of practice has been developed.

Telecommunications Act 1997

Codes and standards

  • s 123 - the ACMA may, by legislative instrument, determine an industry standard if a request for an industry code is not complied with .
  • s 124 - the ACMA may, by legislative instrument, determine an industry standard where no industry body or association is formed.
  • s 125 - the ACMA may, by legislative instrument, determine industry standards where industry codes fail.
  • s 125AA - the ACMA must, by legislative instrument, determine an industry standard if directed by the Minister.
  • s 125A - the ACMA must, by legislative instrument, determine an industry standard to apply to the telemarketing industry and ensure there is one in force at all times after the commencement of the Do Not Call Register (‘DNCR’) Act.
  • s 125B - the ACMA may, by legislative instrument, determine an industry standard that applies to the fax marketing industry and this standard must remain in force at all times after the commencement of this section.
  • s 130 - the ACMA may, by legislative instrument, vary an industry standard that applies to participants in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry, if it is satisfied that it is necessary or convenient to do so.
  • s 131 - the ACMA may, by legislative instrument, revoke an industry standard if an industry code is registered under Part 6 and the code is expressed to replace an industry standard.
  • s 132 - the ACMA must conduct public consultation before determining or varying an industry standard by publishing the notice in a newspaper in each State and making copies of the draft available in accordance with the notice.

Radiocommunications Act 1992

Licensing

  • s 68 - the ACMA may, by legislative instrument, make rules about third party use of spectrum licences, including rules about how licensees may authorise other persons to operate radiocommunications devices under spectrum licences.
  • s 88 - the ACMA may, by legislative instrument, determine rules for the assignment of spectrum licences and the circumstances under which they can be varied, issued or cancelled.

Telecommunications Act 1997

Service provider conduct

  • s 99 - the ACMA may, by legislative instrument, make a determination setting out the rules that apply to services providers in relation to the supply of specified carriage services and/or specified content services.

Technical regulation

  • ss 404, 405 - the ACMA may, by legislative instrument, make connection rules relating to the connection and maintenance of specified customer equipment or cabling to a telecommunications network or facility and must consult interested persons and Standards Australia in making those rules.
  • ss 419, 421, 422 - the ACMA may, by notice in the Gazette, declare what cabling work is covered by the Act, and may, by legislative instrument, make rules relating to the performance of and/or the supervision of the work and must consult interested persons and Standards Australia in making those rules.

Radiocommunications Act 1992

General

  • s 266 - the ACMA may, by legislative instrument, determine principles that govern the accreditation process, including procedures to be followed.
  • s 266A - the ACMA may, by legislative instrument, determine the conditions that are to apply in relation to the issuing of a certificate under the Radiocommunications Act.

Licensing

  • s 109B - the ACMA may, by legislative instrument, determine requirements to be complied with by implementation plans for digital radio multiplex licences and may, by legislative instrument, specify circumstances in which a digital radio multiplex transmitter licensee is taken to be transmitting a service.
  • s 115 - the ACMA may, by legislative instrument, limit authorisations of third parties authorised to use apparatus licences.
  • s 131AC - the ACMA may, by legislative instrument, determine that an apparatus licence is not transferable in certain circumstances.

Technical regulation and standards

  • s 300 - the ACMA may, by determination in writing, require any persons who operate a transmitter under a licence to apply labelling to a transmitter setting out information specified in the determination. A determination is a legislative instrument.
  • s 188A - the ACMA may, by legislative instrument, determine a protected symbol for the purposes of showing compliance by a device with relevant standards.

Telecommunications (Consumer Protection and Service Standards) Act

  • s 131 - the ACMA may determine that members of a specified class of CSPs must enter into the Telecommunications Industry Ombudsman (‘TIO’) scheme. A copy of the determination must be published in the Gazette.
  • s 147 - the ACMA must make a written determination imposing requirements on carriers, CSPs and emergency call persons in relation to emergency call services. This determination is a legislative instrument.

Telecommunications Act 1997

Carrier licensing and conduct

  • s 73 - the ACMA may, by written instrument, charge late payment penalties. This determination is a legislative instrument.

Codes and standards

  • s 110 - the ACMA may, by written instrument, determine that persons carrying on a specified telecommunications activity constitute a section of the telecommunications industry.
  • s 110B - the ACMA may, by legislative instrument, determine that persons carrying on a specified telemarketing activity constitute a section of the telemarketing industry.
  • s 110C - the ACMA may, by legislative instrument, determine that persons carrying on a specified fax marketing activity constitute a section of the fax marketing industry.

Pre-selection, CLI

  • s 349 - the ACMA may make a written determination requiring carriers or CSPs supplying an eligible standard telephone service to provide pre-selection in favour of a specified carriage service provider, but must do so for services declared for the purpose by the ACCC
  • s 352 - the ACMA may, by writing, exempt a carrier or CSP from a requirement to provide pre-selection. This declaration is a legislative instrument if it specifies a class of carriers or CSPs.
  • s 356 - the ACMA may, by notice in the Gazette, exempt a person from having to provide calling line identification.

Technical regulation

  • s 417 - the ACMA may determine a protected symbol for use to indicate compliance which is not to be used other than as approved.

Numbering

  • s 19 - the ACMA may make a written determination specifying a recognised person who operates an emergency call service.

Radiocommunications Act 1992

Licensing

  • s 153C - the ACMA must, after receiving a spectrum re-allocation determination from the Minister, prepare a notice stating that the declaration has been made and make reasonable efforts to give each affected apparatus licensee a copy.

Technical regulation and standards

  • s 182 - the ACMA may, by notice published in the Gazette, require manufacturers and importers to apply labels to a specified class of devices.

Telecommunications Act 1997

Technical regulation

 

  • s 407 - the ACMA may, by written instrument, require labels to be applied to equipment that indicates whether standards are met.
  • ss 409, 410 - the ACMA may, by notice published in the Gazette, determine an accreditation body, approving body, or certification body. An accreditation body may thereafter, by written instrument, determine a recognised testing authority or competent body for the purposes of labelling equipment.
  • s 450 - the ACMA may, by written instrument, prohibit operation or supply of specified customer equipment or customer cabling.