Broadcasting Services (Parental Lock) Technical Standard 2020

 

made under subsections 130B(1) and (7) of the

Broadcasting Services Act 1992

 

 

Compilation No. 2

Compilation date:    7 September 2021

Includes amendments up to: F2021L01241

 

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

 

This compilation

This is a compilation of the Broadcasting Services (Parental Lock) Technical Standard 2020 that shows the text of the law as amended and in force on 7 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1  Name

  This is the Broadcasting Services (Parental Lock) Technical Standard 2020.

3  Authority

  This instrument is made under subsections 130B(1) and 130B(7) of the Broadcasting Services Act 1992.

5  Definitions

 (1) In this instrument:

Act means Broadcasting Services Act 1992.

classification code has the meaning given by subsection (2).

designated datacasting service has the meaning given by clause 2A of Schedule 6 to the Act.

digital mode means broadcast or transmitted using a digital modulation technique.

domestic digital television receiver means domestic reception equipment that:

(a) is not a handheld device; and

(b) is capable of receiving one or more of the following:

(i) television programs broadcast or transmitted in SDTV digital mode;

(ii) television programs broadcast or transmitted in HDTV digital mode;

(iii) a designated datacasting service provided under a datacasting licence, transmitted in SDTV digital mode;

(iv) a designated datacasting service provided under a datacasting licence, transmitted in HDTV digital mode.

electricity supply body means an authority or body corporate that carries on either or both of the following businesses:

 (a) supplying electricity;

 (b) managing the supply of electricity.

HDTV digital mode means broadcast or transmitted in digital mode in a high definition format.

parental lock capabilities means technical capabilities that will alone, or in conjunction with any other capability on domestic reception equipment, block a television program or datacasting content with a particular classification code from being shown unless the correct personal identification number code is entered into the domestic reception equipment.

program classification information means information that is:

 (a) about the classification code for a television program or datacasting content;

 (b) transmitted using the broadcasting services bands to a domestic digital television receiver as part of the data that accompanies the television program or datacasting content (whether or not the information is also transmitted to the receiver by a separate transmission).

SDTV digital mode means broadcast or transmitted in digital mode in a standard definition format.

Note: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) broadcasting service;

(b) broadcasting services bands;

(ba) datacasting licence;

(c) datacasting service.

 (2) In this instrument, each of the following (in order from lowest to highest) is a classification code that applies to a television program or datacasting content:

 (a) not classified;

 (b) preschool (P);

 (c) children’s (C);

 (d) general (G);

 (e) parental guidance recommended (PG);

 (f) mature audience 15+ (M);

 (g) mature adult audience 15+ (MA);

 (h) restricted 18+ (R).

6  References to other instruments

  In this instrument, unless the contrary intention appears:

 (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

 (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the commencement of this instrument.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

7  Purpose

  The purpose of this instrument is to ensure that particular domestic reception equipment has parental lock capabilities, or distributes information that enables the parental lock capabilities in other domestic reception equipment to operate.

8  Standard – domestic digital television receiver (general)

 (1) For subsection 130B(1) of the Act, this section sets out a technical standard for a domestic digital television receiver, except where section 9 or section 10 applies to the receiver.

Note 1: Subsection 130B(1) of the Act applies in relation to domestic reception equipment. A domestic digital television receiver is domestic reception equipment.

Note 2: Section 9 of this instrument applies to modular reception equipment. Section 10 of this instrument applies to amplifiers and distribution devices.

 (2) The domestic digital television receiver must have parental lock capabilities.

 (3) The parental lock capabilities must be able to identify the classification code that applies to a television program by using the program classification information for the program.

 (4) The parental lock capabilities must be able to identify the classification code that applies to datacasting content by using the program classification information for the content.

 (5) The parental lock capabilities must be able to be set by the user of the domestic digital television receiver so that the user can choose to make the receiver block any of the following:

 (a) television programs and datacasting content with a classification code of PG or higher;

 (b) television programs and datacasting content with a classification code of M or higher;

 (c) television programs and datacasting content with a classification code of MA or higher.

9  Standard – domestic digital television receiver (modulation reception equipment)

 (1) For subsection 130B(1) of the Act, this section sets out a technical standard for a domestic digital television receiver that:

 (a) can operate to show a television program or datacasting content only if it is used with another device; and

 (b) cannot be connected to an electricity system of an electricity supply body otherwise than through the device mentioned in paragraph (a).

Note: Subsection 130B(1) of the Act applies in relation to domestic reception equipment. A domestic digital television receiver is domestic reception equipment.

 (2) If the domestic digital television receiver:

 (a) is supplied with software; and

 (b) operates as a domestic digital television receiver when used with the software;

  the receiver must have parental lock capabilities when used with the software.

 (3) The parental lock capabilities must be able to identify the classification code that applies to a television program by using the program classification information for the program.

 (4) The parental lock capabilities must be able to identify the classification code that applies to datacasting content by using the program classification information for the content.

 (5) The parental lock capabilities must be able to be set by the user of the domestic digital television receiver so that the user can choose to make the receiver block any of the following:

 (a) television programs and datacasting content with a classification code of PG or higher;

 (b) television programs and datacasting content with a classification code of M or higher;

 (c) television programs and datacasting content with a classification code of MA or higher.

10  Standard – domestic digital television receiver (amplifiers and distribution devices)

 (1) For subsection 130B(1) of the Act, this section sets out a technical standard for a domestic digital television receiver that:

 (a) is an amplifier or distribution device used in the installation of antenna systems that support terrestrial reception of broadcasting services, datacasting services or both; and

 (b) is capable of receiving a service that was transmitted using coded orthogonal frequencydivision multiplexing (COFDM), using either of the following modulation techniques:

 (i) quadrature phase shift keying (QPSK); or

 (ii) quadrature amplitude modulation (QAM); and

 (c) is designed to demodulate or decode the service and then remodulate or reencode the service; and

 (d) is designed to use COFDM to distribute the service to one or more other domestic digital television receivers connected to the amplifier or distribution device, which use either of the following modulation techniques when receiving the service:

  (i) QPSK; or

 (ii) QAM.

Note: Subsection 130B(1) of the Act applies in relation to domestic reception equipment. A domestic digital television receiver is domestic reception equipment.

 (2) The amplifier or distribution device must include in the distributed service the program classification information necessary to enable parental lock capabilities to operate in the connected receivers mentioned in paragraph (1)(d).

11  Exemptions

  For subsection 130B(7) of the Act, the domestic reception equipment mentioned in the following table is exempt in relation to this instrument from subsections 130B(2) and (3) of the Act:

Item

Domestic reception equipment

1

A domestic digital television receiver of a kind that was supplied for the first time before the Broadcasting and Datacasting Services (Parental Lock) Technical Standard 2010 (the original standard) applied, in accordance with section 6 of the original standard, including:

 (a) a particular model of domestic digital television receiver that was supplied by a wholesaler to a retailer before the original standard applied; and

 (b) a domestic digital television receiver that was sold by a retailer to a customer before the original standard applied.

2

A domestic digital television receiver that is imported into Australia for the sole purpose of being exported.

 

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

(md not incorp) = misdescribed amendment

am = amended

   cannot be given effect

amdt = amendment

mod = modified/modification

c = clause(s)

No. = Number(s)

Ch = Chapter(s)

par = paragraph(s)/subparagraph(s)

def = definition(s)

   /subsubparagraph(s)

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

rep = repealed

exp = expires/expired or ceases/ceased to have effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

underlining = whole or part not

(md) = misdescribed amendment can be given effect

   commenced or to be commenced

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Broadcasting Services (Parental Lock) Technical Standard 2020

18 Sept 2020 (F2020L01182)

19 Sept 2020 (s 2)

 

Broadcasting Services (Parental Lock) Amendment Technical Standard 2021 (No.1)

5 May 2021 (F2021L00543)

17 June 2021 (s 2)

Broadcasting Services (Parental Lock) Amendment Technical Standard 2021 (No.2)

6 September 2021 (F2021L01241)

7 September 2021 (s.2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 5.....................

am F2021L00543, am. F2021L01241