Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_38:p2
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 38 (pt 2/3)
Character Range: 57421–60243

(b) a television program, or a part of a television program, the audio component of which consists only of music that has no human vocal content that is recognisable as being in the English language; or
 (c) so much of the audio component of a television program as consists of incidental or background music.

 (8) For the purposes of paragraphs (7)(a) and (b), disregard minor and infrequent uses of the English language.

Special rules

 (9) If:
 (a) there is a simulcast period, or a simulcast‑equivalent period, for the licence area of a commercial television broadcasting licence; and
 (b) during that period, the licensee transmits a television program on:
 (i) a SDTV multi‑channelled commercial television broadcasting service; or
 (ii) a HDTV multi‑channelled commercial television broadcasting service;
  in the licence area; and
 (c) the program has been previously transmitted on another commercial television broadcasting service provided by the licensee in the licence area; and
 (d) the licensee provided a captioning service for the program when the program was so previously transmitted on the other service;
the licensee must provide a captioning service for the television program transmitted as mentioned in paragraph (b).

 (10) If:
 (a) there is a simulcast period, or a simulcast‑equivalent period, for the coverage area of a national television broadcaster; and
 (b) during that period, the national broadcaster transmits a television program on:
 (i) a SDTV multi‑channelled national television broadcasting service; or
 (ii) a HDTV multi‑channelled national television broadcasting service;
  in the coverage area; and
 (c) the program has been previously transmitted on another national television broadcasting service provided by the national broadcaster in the coverage area; and
 (d) the national broadcaster provided a captioning service for the program when the program was so previously transmitted on the other service;
the national broadcaster must provide a captioning service for the television program transmitted as mentioned in paragraph (b).

Prime viewing hours

 (11) For the purposes of subclause (1), prime viewing hours are the hours:
 (a) beginning at 6 pm each day or, if another time is prescribed, beginning at that prescribed time each day; and
 (b) ending at 10.30 pm on the same day or, if another time is prescribed, ending at that prescribed time on the same day.

Definition

 (12) In this clause:

program does not include advertising or sponsorship matter (whether or not of a commercial kind).

SDTV multi‑channelled commercial television broadcasting services

 (13) The following provisions do not apply to a commercial television broadcasting licensee before 1 January 2009:
 (a) subparagraph (4)(c)(i);
 (b) paragraph (4)(d);
 (c) subparagraph (9)(b)(i).