Explanatory StatementIssued by the authority of the Minister for Communications, Urban Infrastructure, Cities and the ArtsAustralian Communications and Media Authority Act 2005
Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009 Instrument of Repeal 2021
Authority
Subsection 14(1) of the Australian Communications and Media Authority Act 2005 enables the Minister for Communications, Urban Infrastructure, Cities and the Arts (the Minister), to direct ACMA in the performance of its functions or the exercise of its powers, including in relation to the conditions of licences issued under the Radiocommunications Act 1992 (the Act).
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.
Purpose
The purpose of the Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009 Instrument of Repeal 2021 (the Instrument) is to repeal the Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009 (the Direction).
The Direction required the Australian Communications and Media Authority (the ACMA) to determine a technical standard which ensures that domestic reception equipment used for receiving digital television broadcasting or datacasting services have a parental lock capability. ACMA made the Broadcasting and Datacasting Services (Parental Lock) Technical Standard 2010 to comply with the Direction.
The Broadcasting and Datacasting Services (Parental Lock) Technical Standard 2010 was due to sunset on 1 October 2020. In response ACMA consulted on and made the Broadcasting Services (Parental Lock) Technical Standard 2020, fulfilling the objective of the Direction without the need for an additional direction.
The Direction also employs the term ‘domestic digital television receiver’ as defined in the Radiocommunications Act 1992. This definition will be repealed, along with the provisions relating to datacasting transmitter licences, by schedule 9 of the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (the Reform and Modernisation Act) upon its commencement in June 2021. It is therefore appropriate and timely for the Instrument to repeal the Direction, as its primary purpose has been met and it will contain outdated definitions. The protections provided by the Technical Standard will continue to be in operation.
Background
Background of the Direction
It was the Australian Government’s intention that, together with the classification of television content already in place under the Commercial Television Industry Code of Practice 2004, mandating parental locks in digital television receivers would further protect children from viewing material which may be inappropriate or harmful and support parents and guardians in protecting their children from such content. The Direction was made under subsection 14(1) of the Australian Communications and Media Authority Act 2005 to support this objective. ACMA made the Broadcasting and Datacasting Services (Parental Lock) Technical Standard 2010 to comply with the Direction.
Background of the Reform and Modernisation Act
In 2015 the then Department of Communications conducted a review (the Spectrum Review) of the policy and regulatory changes that were needed to cope with the increase in demand for spectrum and changes in technology, markets and consumer preferences since 1992. Following Government consideration of the review, the Radiocommunications Act 1992 was amended in 2020 by the Reform and Modernisation Act, which implemented recommendations of the Spectrum Review, including by simplifying regulatory structures and streamlining regulatory processes.
Regulation Impact Statement
In 2015, the Spectrum Review was certified by the Department as an independent review for the purposes of assessing regulatory impacts. The Spectrum Review has been certified as an independent review for RIS purposes (OBPR ref:19096). The Reform and Modernisation Act give effect to the recommendations of the Spectrum Review. The instrument repeals regulation made obsolete by the amendments of the Reform and Modernisation Act.
Consultation
The Department of Infrastructure, Transport, Regional Development and Communications (the Department) consulted with ACMA on the repeal of the Direction.
Notes on Sections
Section 1 – Name of instrument
This section provides that the name of the Instrument is the Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009 Instrument of Repeal 2021.
Section 2 - Commencement
This section provides that the instrument of repeal commences on the day after it is registered on the Federal Register of Legislation, which may be accessed online at www.legislation.gov.au.
Section 3 – Authority This section provides that the instrument of repeal is made under subsection 14(1) of the Australian Communications and Media Authority Act 2005 and subsection 33(3) of the Acts Interpretation Act 1901.
Section 4 – Schedule
This section provides that each instrument that is specified in Schedule 1 to this instrument is repealed as set out in the Schedule.
Schedule 1 – Repeal
This schedule lists instruments to be repealed.
Item 1 of the schedule provides that the whole of the Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009 is to be repealed.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009 Instrument of Repeal 2021
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill/Disallowable Legislative Instrument
The Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009 Instrument of Repeal 2021 (the Instrument) repeals the Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009 (the Direction).
The Direction required the Australian Communications and Media Authority (the ACMA) to determine a technical standard which ensures that domestic reception equipment used for receiving digital television broadcasting or datacasting services have a parental lock capability. ACMA made the Broadcasting and Datacasting Services (Parental Lock) Technical Standard 2010 to comply with the Direction.
The Direction also employs the term ‘domestic digital television receiver’ as defined in the Radiocommunications Act 1992. This definition will be repealed by the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.
It is therefore appropriate and timely for the Instrument to repeal the Direction, as its primary purpose has been met and it will contain outdated definitions.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Paul Fletcher MP
Minister for Communications, Urban Infrastructure, Cities and the Arts