Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_16:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 16 (pt 1/2)
Character Range: 121579–124243

16  Condition relating to category B television programs

 (1) Each datacasting licence is subject to the condition that the licensee will not transmit matter that, if it were broadcast on a commercial television broadcasting service, would be:
 (a) a category B television program; or
 (b) an extract from a category B television program.

 (2) The condition set out in subclause (1) does not prevent the licensee from transmitting a bulletin (whether presenter‑based or not), so long as:
 (a) the bulletin or program is not longer than 10 minutes; and
 (b) if:
 (i) an earlier bulletin or program covered by subclause (1) was transmitted by the licensee; and
 (ii) the content of the first‑mentioned bulletin or program differs in any respect from the content of the earlier bulletin or program;
  the interval between the start of the transmission of the earlier bulletin or program and the start of the transmission of the first‑mentioned bulletin or program is at least 30 minutes; and
 (c) the bulletin or program is not combined with one or more other bulletins or programs in such a way that the bulletins or programs together constitute a bulletin or program longer than 10 minutes; and
 (d) having regard to:
 (i) the nature of the bulletin or program; and
 (ii) the circumstances in which the bulletin or program is provided;
  it would be concluded that the licensee did not intend that the bulletin or program be combined with one or more other bulletins or programs in such a way that the bulletins or programs together constitute a bulletin or program longer than 10 minutes.

 (3) The condition set out in subclause (1) does not prevent the licensee from transmitting a bulletin or program, so long as:
 (a) the bulletin or program is not a presenter‑based bulletin or program; and
 (b) one of the following applies:
 (i) the bulletin or program consists of a single item of news (including a single item of sports news);
 (ii) the bulletin or program is a financial, market or business information bulletin or program that deals with a single topic;
 (iia) the bulletin or program is a compilation of items, the subject of which is the same or directly related, and is not longer than 10 minutes;
 (iii) the bulletin or program is a weather bulletin or program; and
 (c) the bulletin or program can only be accessed by an end‑user who makes a selection from an on‑screen menu.

 (4) In this clause:

presenter‑based bulletin or program means a bulletin or program that consists of, or includes, a combination of:
 (a) introductory or closing segments, or both, spoken by a host, or an anchor presenter, who is visible on the screen; and
 (b) video