Document ID: chunk:federal_register_of_legislation:C2004A00859:clause:1_37ea:p1
Version: federal_register_of_legislation:C2004A00859
Segment Type: clause
Provision Reference: sch 1 cl 37EA (pt 1/2)
Character Range: 6680–9715

37EA  Further HDTV transmission rules for commercial television broadcasting licensees in non‑remote areas

 (1) In determining, for the purposes of standards made under subclause 37E(1), whether a commercial television broadcasting licensee has ensured that the HDTV simulcast requirement is met:
 (a) if a relevant determination is in force under subclause (2)—ignore HDTV demonstration programs, so long as the licensee complies with such conditions (if any) as are specified in the determination; and
 (b) if a relevant determination is in force under subclause (4)—ignore any advertising or sponsorship matter covered by the determination.

ABA determinations

 (2) The ABA may, by writing, determine that paragraph (1)(a) applies to HDTV demonstration programs transmitted by a specified commercial television broadcasting licensee during a specified period.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

 (3) The period specified in a determination under subclause (2) must not be more than 12 months from the commencement of the determination.

 (4) The ABA may, by writing, determine that paragraph (1)(b) applies to specified advertising or sponsorship matter transmitted by a specified commercial television broadcasting licensee during a specified period.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

 (5) The period specified in a determination under subclause (4) must not be more than 2 years from the commencement of the simulcast period for the licence area concerned.

20 hour HDTV quota

 (7) In determining, after the end of the 2‑year period referred to in paragraph 37E(2)(b) of this Schedule, whether a commercial television broadcasting licensee has met the HDTV 20 hour requirement for a week, ignore any HDTV demonstration programs transmitted by the licensee during the week.

Disallowable instrument

 (8) A determination under subclause (2) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Interpretation

 (9) A reference in this clause to advertising or sponsorship matter is a reference to advertising or sponsorship matter (whether or not of a commercial kind).

 (10) In this clause:

HDTV 20 hour requirement means the requirement that a commercial television broadcasting licensee transmit at least 20 hours a week of high‑definition television programs in HDTV digital mode in the licence area concerned on the HDTV version of the commercial television broadcasting service concerned.

HDTV demonstration program means a television program that is:
 (a) not longer than 60 minutes; and
 (b) transmitted in HDTV digital mode on the HDTV version of a commercial television broadcasting service; and
 (c) produced for the sole purpose of allowing the benefits of transmission in HDTV digital mode to be demonstrated to potential purchasers of equipment capable of receiving television programs in HDTV digital mode.

HDTV simulcast requirement