Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_106
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 106
Character Range: 122931–124275

106  Subclause 38(5) of Schedule 4
Repeal the subclause, substitute:

 (5) If:
 (a) a national broadcaster provides a national television broadcasting service in a coverage area; and
 (b) the service is not provided with the use of a satellite;
then, before the end of the final digital television switch‑over day, subclause (1) does not require the provision of a captioning service for a television program transmitted on:
 (c) a SDTV national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite; or
 (d) a HDTV national television broadcasting service provided by the national broadcaster otherwise than with the use of a satellite;
unless:
 (e) during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the coverage area, the television program was previously transmitted by the national broadcaster on the national television broadcasting service that is:
 (i) provided by the national broadcaster; and
 (ii) the service to which clause 19 applies; or
 (f) after the end of the simulcast period, or the simulcast‑equivalent period, as the case may be, for the coverage area, the television program was previously transmitted by the national broadcaster on the primary national television broadcasting service provided by the national broadcaster.