Document ID: chunk:federal_register_of_legislation:C2004A01089:clause:1_37l:p1
Version: federal_register_of_legislation:C2004A01089
Segment Type: clause
Provision Reference: sch 1 cl 37L (pt 1/2)
Character Range: 4416–7292

37L  High‑definition television programs

 (1) For the purposes of the application of this Division to a commercial television broadcasting licensee, a high‑definition television program is:
 (a) a television program, or incidental material, to the extent that it was originally produced in a high‑definition digital video format; or
 (b) a television program, or incidental material, to the extent that:
 (i) it was originally produced in a non‑video format (for example, 16 mm or 35 mm film) that was of equivalent picture quality to a high‑definition digital video format; and
 (ii) it has been converted to a high‑definition digital video format;
  where the conversion has not resulted in a significant reduction in picture quality; or
 (c) incidental material not covered by paragraph (a) or (b) that is transmitted during breaks in so much of a television program as satisfies the requirements of paragraph (a) or (b).

 (2) For the purposes of the application of this Division to a national broadcaster, a high‑definition television program is:
 (a) a television program, or incidental material, to the extent that it was originally produced in a high‑definition digital video format; or
 (b) a television program, or incidental material, to the extent that:
 (i) it was originally produced in a non‑video format (for example, 16 mm or 35 mm film) that was of equivalent picture quality to a high‑definition digital video format; and
 (ii) it has been converted to a high‑definition digital video format;
  where the conversion has not resulted in a significant reduction in picture quality; or
 (c) a television program, or incidental material, to the extent that:
 (i) it was originally produced in a standard definition digital video format; and
 (ii) it has been converted to a high‑definition digital video format; or
 (d) a television program, or incidental material, to the extent that:
 (i) it was originally produced in an analog video format; and
 (ii) it has been converted to a standard definition digital video format;
  where the converted program or material was subsequently converted to a high‑definition digital video format; or
 (e) incidental material not covered by paragraph (a), (b), (c) or (d) that is transmitted during breaks in so much of a television program as satisfies the requirements of paragraph (a), (b), (c) or (d).

 (3) If material (the archival material) included in a television program or in incidental material satisfies the following criteria:
 (a) the archival material was originally produced:
 (i) before 1 July 2003; or
 (ii) if another day is determined in writing by the Minister in relation to a class of television programs or incidental material that includes the television program or incidental material concerned—before that other day;
 (b) the archival material would, apart from this subclause, prevent the part