Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_29:p1
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 29 (pt 1/3)
Character Range: 22501–25595

29  After subsection 41B(2)
Insert:

 (2A) Subsection (2) does not apply, after the commencement of section 38C, to:
 (a) an eligible parent licence; or
 (aa) an eligible section 38A licence; or
 (b) an eligible section 38B licence.

Note 1: For eligible parent licence, see subsection (2E).

Note 1A: For eligible section 38A licence, see subsection (2E).

Note 2: For eligible section 38B licence, see subsection (2E).

Eligible parent licences in force immediately before 1 January 2009

 (2B) If:
 (a) an eligible parent licence for a licence area was in force immediately before 1 January 2009; and
 (b) the eligible parent licence authorised the licensee to provide the following 3 services in the licence area:
 (i) the core commercial television broadcasting service;
 (ii) a HDTV multi‑channelled commercial television broadcasting service;
 (iii) a SDTV multi‑channelled commercial television broadcasting service;
the eligible parent licence is taken to authorise the licensee to provide the following services in the licence area:
 (c) the core commercial television broadcasting service;
 (d) either:
 (i) a HDTV multi‑channelled commercial television broadcasting service and a SDTV multi‑channelled commercial television broadcasting service; or
 (ii) 2 SDTV multi‑channelled commercial television broadcasting services;
during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area.

Note: For eligible parent licence, see subsection (2E).

Eligible parent licences allocated on or after 1 January 2009

 (2C) If an eligible parent licence for a licence area is allocated on or after 1 January 2009 but before the end of whichever of the following periods is applicable:
 (a) the simulcast period for the licence area;
 (b) the simulcast‑equivalent period for the licence area;
the eligible parent licence is taken to authorise the licensee to provide:
 (c) the following services in the licence area:
 (i) a HDTV multi‑channelled commercial television broadcasting service;
 (ii) 2 SDTV multi‑channelled commercial television broadcasting services; or
 (d) 3 SDTV multi‑channelled commercial television broadcasting services in the licence area;
during the simulcast period, or the simulcast‑equivalent period, as the case may be, for the licence area.

Note: For eligible parent licence, see subsection (2E).

Eligible section 38A licences in force immediately before 1 January 2009

 (2CA) If:
 (a) an eligible section 38A licence for a licence area was in force immediately before 1 January 2009; and
 (b) the eligible section 38A licence authorised the licensee to provide the following 3 services in the licence area:
 (i) the core commercial television broadcasting service;
 (ii) a HDTV multi‑channelled commercial television broadcasting service;
 (iii) a SDTV multi‑channelled commercial television broadcasting service;
the eligible section 38A licence is taken to authorise the licensee to provide the following services in the licence area:
 (c) the core commercial television broadcasting service;
 (d) either:
 (i) a