Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:2_7f
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 2 cl 7F
Character Range: 905544–907614

7F  Exemption—commercial television broadcasting services with the same program content
 (1) If:
 (a) a commercial television broadcasting licensee (the terrestrial licensee) for a terrestrial licence area provides, or proposes to commence to provide:
 (i) a HDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; or
 (ii) a SDTV multi‑channelled commercial television broadcasting service that is not the primary commercial television broadcasting service provided by the terrestrial licensee; and
 (b) the program content of the service provided, or to be provided, by the terrestrial licensee is, or will be:
 (i) the same; or
 (ii) substantially the same;
  as the program content of another commercial television broadcasting service provided, or to be provided, by the terrestrial licensee; and
 (c) apart from this subclause, the licensee of a section 38C licence is, or will be, required to provide:
 (i) if subparagraph (a)(i) applies—a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee; or
 (ii) if subparagraph (a)(ii) applies—a SDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the terrestrial licensee;
the Minister may, by legislative instrument, determine that clause 7C does not oblige the section 38C licensee to provide the required service during a period specified in the determination.
 (2) The specified period must not be longer than 2 years.
 (3) The Minister may, by legislative instrument, extend or further extend the specified period.
 (4) Before making:
 (a) a determination under subclause (1); or
 (b) an instrument under subclause (3);
 the Minister must consult:
 (c) the section 38C licensee concerned; and
 (d) the ACMA.
Note: For terrestrial licence area, see clause 7L.