Australian Communications and Media Authority (Development of Technical Standards for Domestic Digital Television Reception Equipment) Direction No. 1 of 2009

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2009L04140 Not in force Legislative Instrument

Legislation content

 

Explanatory Statement

 

 

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY (DEVELOPMENT OF TECHNICAL STANDARDS FOR DOMESTIC TELEVISION RECEPTION EQUIPMENT) DIRECTION NO. 1 OF 2009

 

 

Issued by the authority of the Minister for Broadband, Communications and the Digital Economy

 

 

Purpose

 

This Direction requires 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.  As part of this process this Direction requires the ACMA to consider whether to exempt any particular class of domestic reception equipment, whether to request an industry code for electronic program guides and whether to request an industry code that deals with domestic reception equipment labelling schemes.

 

Background

 

It is 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 will 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 Government considers this an important objective as Australia moves towards a digital-only television environment and the amount of content and channels available to viewers increases.

 

Subsection 14(1) of the Australian Communications and Media Authority Act 2005 enables the Minister to give the ACMA directions of a general nature about the performance of its broadcasting‑related functions or the exercise of its broadcasting‑related powers. This direction relates to the ACMA’s power to determine a technical standard for domestic digital reception equipment under subsection 130B(1) of the Broadcasting Services Act 1992 (the Act).

 

Notes on Clauses

 

Clause 1 provides for the title of the Direction.

 

Clause 2 provides that the Direction will be registered on the Federal Register of Legislative Instruments, and will take effect the day after it is registered.

 

Clause 3 defines the terms used throughout the Direction. One of the key terms used in the direction is domestic reception equipment. This term has the same meaning as domestic digital television receiver defined by section 5 of the Radiocommunications Act 1992. The characteristics of a domestic digital television receiver are:

a)      it is not a hand-held device;

b)     it is capable of receiving television programs transmitted in standard definition or high definition digital modes; and

c)      it only operates if connected to an electricity supply system. That is, it is not a battery‑powered device.

 

This definition includes reception equipment such as set-top boxes, integrated digital televisions and personal video recorders that rely on mains power supply to work. This definition does not include mobile reception equipment that is contained in laptop computers or motor vehicles.

 

Another key term defined in the direction is the concept of supply. This term is used in section 130B of the Act and has the same meaning as in the Trade Practices Act 1974. Accordingly, the technical standard to be developed by the ACMA will be of broad application as supply covers any person who sells, exchanges, leases or hires goods (ie, reception equipment) in a supply chain.

 

Clause 4 requires the ACMA to exercise its power under subsection 130B(1) of the Act to determine technical standards to ensure that domestic reception equipment used for receiving digital television broadcasting services or datacasting services have parental lock capabilities.

 

Clause 5 requires the ACMA to consider, in determining a technical standard:

  • whether to exempt any particular class of domestic reception equipment from the standard;
  • whether to request an industry code for electronic program guides be developed under Part 9B of the Act; and
  • whether to request an industry code under Part 9B of the Act which deals with domestic reception equipment labelling schemes.

 

The Minister intends the ACMA to consider whether particular non-portable television reception devices, such as video game consoles, should be excluded from the technical standard. The Minister also intends the ACMA to consider whether other adjustments to the overall regulatory framework are warranted to achieve the policy objective set out in this direction.

 

Consultation

 

In accordance with section 17 of the Legislative Instruments Act 2003, the Minister, through the Department of Broadband, Communications and the Digital Economy, has consulted with the ACMA about the proposed regulatory activity and the proposed direction. When developing technical standards pursuant to this direction, the ACMA will need to conduct appropriate consultation in accordance with the Legislative Instruments Act 2003.

Overview

The Australian Communications and Media Authority (Development of Technical Standards for Domestic Television Reception Equipment) Direction No. 1 of 2009 was issued by the Minister for Broadband, Communications and the Digital Economy and was designed to address a specific gap in the protection of children from potentially harmful television content. This Direction, authorised under subsection 14(1) of the Australian Communications and Media Authority Act 2005, mandates the ACMA to establish a technical standard ensuring that all domestic reception equipment used for receiving digital television broadcasting or datacasting services incorporates a parental lock capability. This initiative complements the existing television content classification system to safeguard children as Australia transitions to a digital-only television environment. The Direction also requires the ACMA to consider exemptions for certain classes of equipment, the development of an industry code for electronic program guides, and an industry code for domestic reception equipment labelling schemes. The aim is to create a robust regulatory framework that supports parents and guardians in protecting children from inappropriate content.

Scope and Application

The Australian Communications and Media Authority (Development of Technical Standards for Domestic Television Reception Equipment) Direction No. 1 of 2009 applies to the ACMA, mandating the determination of a technical standard to ensure that domestic reception equipment used for receiving digital television broadcasting or datacasting services possess a parental lock capability. This applies to a broad range of entities involved in the supply of such equipment, including manufacturers, retailers, and distributors, thereby covering any person who sells, exchanges, leases or hires such goods within the supply chain. The term "domestic reception equipment" is defined to include set-top boxes, integrated digital televisions, and personal video recorders that are not hand-held devices, are capable of receiving television programs in standard or high definition digital modes, and require connection to an electricity supply system. The geographic reach of this Direction is national, as it pertains to the Commonwealth of Australia and the implementation of a uniform standard across the country. The Direction does not explicitly state exclusions but does intend for the ACMA to consider whether particular classes of equipment, such as video game consoles, should be exempt from the technical standard. The application of this Direction may be extended or restricted through subordinate instruments as the ACMA develops the technical standards.

Key Provisions

The Australian Communications and Media Authority (ACMA) is tasked with determining a technical standard under this Direction (Clause 4) to ensure that domestic reception equipment, as defined (Clause 3), used for receiving digital television broadcasting or datacasting services includes a parental lock capability. The ACMA is also required to consider whether to exempt any particular class of domestic reception equipment from this standard (Clause 5). Furthermore, the ACMA must evaluate the need for an industry code for electronic program guides and another for labelling schemes related to domestic reception equipment (Clause 5). The primary obligation on the ACMA, as outlined in the Direction, is to develop and implement a technical standard that ensures parental lock capabilities in domestic reception equipment for digital television and datacasting services. This obligation includes considering exemptions for certain classes of equipment, such as video game consoles, and the development of industry codes for electronic program guides and labelling schemes. The Direction mandates that the ACMA must consult with relevant stakeholders and follow the consultation requirements stipulated in the Legislative Instruments Act 2003 when developing these standards. Failure to comply with the technical standards determined by the ACMA may result in civil or criminal consequences, although the Direction does not explicitly state the penalties. Under the Broadcasting Services Act 1992, non-compliance with determined technical standards could lead to legal action, with potential penalties including fines. The maximum penalties would depend on the specific provisions of the Act and any related regulations or guidelines established by the ACMA.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.