Document ID: chunk:federal_register_of_legislation:C2012A00088:clause:1_10
Version: federal_register_of_legislation:C2012A00088
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 6555–8343

10  Subsection 130ZG(2)
Repeal the subsection, substitute:

Applicable terrestrial digital commercial television broadcasting services
 (2) For the purposes of the application of this Part to the person, a service is an applicable terrestrial digital commercial television broadcasting service if it is:
 (a) a commercial television broadcasting service that is:
 (i) provided by a commercial television broadcasting licensee in the licence area; and
 (ii) transmitted in digital mode; or
 (b) a service that:
 (i) is merely a re‑transmission of the programs provided by a commercial television broadcasting service described in paragraph (a); and
 (ii) is provided in the licence area; and
 (iii) is transmitted in digital mode; and
 (iv) is provided by a person declared by the ACMA under subsection (2A).
 (2A) If the ACMA is satisfied that a person represents one or more commercial television broadcasting licensees, the ACMA may declare the person for the purposes of subparagraph (2)(b)(iv).
 (2B) If the declaration under subsection (2A) is made in writing, the declaration is not a legislative instrument.
 (2C) For the purposes of this Part, an applicable terrestrial digital commercial television broadcasting service described in paragraph (2)(b) is taken to be the same as the commercial television broadcasting service mentioned in subparagraph (2)(b)(i).
Note: This means a person is taken to receive adequate reception of a single applicable terrestrial digital commercial television broadcasting service whether the person receives adequate reception of:
(a) the commercial television broadcasting service described in paragraph (2)(a); or
(b) the service of re‑transmission described in paragraph (2)(b) by reference to that commercial television broadcasting service.