Document ID: chunk:federal_register_of_legislation:C2025C00023:section:43ac
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 43AC
Character Range: 162998–165368

43AC  Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees

Scope
 (1) This section applies if the licence area of a commercial television broadcasting licence (the remote terrestrial licence) is a related terrestrial licence area of a licence allocated under section 38C.

Programs to be provided by remote terrestrial licensees
 (2) The remote terrestrial licence is subject to the condition that, if the licensee broadcasts a program in the related terrestrial licence area on either of the following services (a remote terrestrial service):
 (a) a HDTV multi‑channelled commercial television broadcasting service;
 (b) a SDTV multi‑channelled commercial television broadcasting service;
the licensee of the remote terrestrial licence must:
 (c) provide the program to the section 38C licensee for broadcast by the section 38C licensee; and
 (d) do so:
 (i) simultaneously with the broadcast of that program on the remote terrestrial service; or
 (ii) as soon as practicable after the broadcast of that program on the remote terrestrial service.

HDTV digital mode or SDTV digital mode
 (3) A program must be provided under subsection (2) by transmitting it:
 (a) if paragraph (2)(a) applies—in HDTV digital mode (within the meaning of Schedule 4); or
 (b) if paragraph (2)(b) applies—in SDTV digital mode (within the meaning of Schedule 4).

Definitions
 (5) In this section:
HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.
related terrestrial licence area:
 (a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area—means a licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or
 (b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area—means a licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or
 (c) in relation to a licence allocated under section 38C for the Western Australia TV3 licence area—means a licence area mentioned in column 3 of item 3 of the table in subsection 38C(1).
SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.
section 38C licensee means the licensee of a commercial television broadcasting licence allocated under section 38C.