Document ID: chunk:federal_register_of_legislation:F2020L01653:schedule:1:p14
Version: federal_register_of_legislation:F2020L01653
Segment Type: schedule
Provision Reference: sch 1 (pt 14/16)
Character Range: 38087–41173

A licensee must not broadcast the same advertisement more than twice for each 30 minutes during which a C program is broadcast.

36 Promotions and endorsements by popular characters

       (1) Subject to subsections (2) and (3), a licensee must not broadcast material during a C program or P program, or in the break immediately before, during or immediately after a C program or a P program, that contains an endorsement, recommendation or promotion of a commercial product or service by:
         (a) a principal personality or character from a C program or P program; or
         (b) a popular program character or popular movie character; or
         (c) a popular cartoon, animated or computer generated character; or
         (d) a popular personality; or
         (e) a licensed character; or
         (f) a proprietary character.

      Note 1: Popular personality includes well known sporting and music personalities.

             Note 2: licensed character and proprietary character are defined in section 8 and include characters from fiction, television, movies etc.

       (2) Subsection (1) does not apply to an advertisement:
          (a) if:
            (i)            the advertisement depicts a commercial product or service in the form the product or service is usually offered for sale; and
            (ii)          no endorsement, recommendation or promotion of the commercial product or service is provided by way of voice‑over, animation or any other means by a character or personality mentioned in subsection (1); or
          (b) if:
            (i)            the advertisement contains an endorsement, recommendation or promotion of a commercial toy or game; and
            (ii)          the endorsement, recommendation or promotion is made by a character mentioned in subsection (1); and
            (iii)        the character is represented in the toy or game.

       (3) An advertisement immediately before, during or immediately after a C program may use a character or personality mentioned in subsection (1) to endorse, recommend or promote a non‑commercial product or service if the advertisement:

         (a) contains only generic statements about nutrition, safety, education or like matters; and

         (b) is suitable to be contained in a C program.

37 Advertising of alcoholic drinks

       (1) A licensee must not broadcast an advertisement for alcoholic drinks during a C program, or in a break immediately before, during or immediately after a C program.

       (2) A licensee must not broadcast an advertisement or sponsorship announcement immediately before, during or immediately after a C program that identifies or refers to a company, person, or organisation whose principal activity is the manufacture, distribution or sale of alcoholic drinks.

Division 3 – Classification of C programs and P programs

38 Classification by an eligible classifier

      (1) If a person submits a program to an eligible classifier requesting that it be classified as a C program or P program, and does so in a format, and accompanied by