Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_70
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 70
Character Range: 46577–48227

70  Subclauses 37E(1), (2), (2A) and (2B) of Schedule 4
Repeal the subclauses, substitute:

 (1) During the HDTV quota period for a commercial television broadcasting licence, the licensee must transmit at least the HDTV quota of high‑definition television programs in HDTV digital mode on the HDTV multi‑channelled commercial television broadcasting service provided by the licensee in the licence area.

 (2) For the purposes of subclause (1), the HDTV quota period for a commercial television broadcasting licence is the period:
 (a) beginning:
 (i) if the licence was in force immediately before 1 January 2007 and is not the licence with the service licence number SL1150827—at the start of 1 January 2007; or
 (ii) if the licence is in force immediately before 1 January 2008 and the service licence number of the licence is SL1150827—at the start of 1 January 2008; or
 (iii) in any other case—at the start of the first day after the end of the 2‑year period that begins when the licensee is required to commence transmitting a commercial television broadcasting service in the licence area concerned; and
 (b) ending at the end of the simulcast period, or the simulcast‑equivalent period, for the licence area concerned.

Note: The licence referred to in subparagraph (a)(ii) was allocated to Mildura Digital Television Pty Ltd for the Mildura/Sunraysia TV1 licence area.

 (2A) For the purposes of subclause (1), the HDTV quota for a calendar year, or a part of a calendar year, included in the HDTV quota period is as follows:
 (a) for a calendar year—1040 hours;
 (b) for a part of a calendar year—1040 hours reduced on a pro‑rata basis.