Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_43ac
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 43AC
Character Range: 42934–45493

43AC  Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees

Scope

 (1) This section applies if the licence area of a commercial television broadcasting licence (the remote terrestrial licence) is a related terrestrial licence area of a licence allocated under section 38C.

Programs to be provided by remote terrestrial licensees

 (2) The remote terrestrial licence is subject to the condition that, if the licensee broadcasts a program in the related terrestrial licence area on either of the following services (a remote terrestrial service):
 (a) a HDTV multi‑channelled commercial television broadcasting service;
 (b) a SDTV multi‑channelled commercial television broadcasting service;
the licensee of the remote terrestrial licence must:
 (c) provide the program to the section 38C licensee for broadcast by the section 38C licensee; and
 (d) do so:
 (i) simultaneously with the broadcast of that program on the remote terrestrial service; or
 (ii) as soon as practicable after the broadcast of that program on the remote terrestrial service.

HDTV digital mode or SDTV digital mode

 (3) A program must be provided under subsection (2) by transmitting it:
 (a) if paragraph (2)(a) applies—in HDTV digital mode (within the meaning of Schedule 4); or
 (b) if paragraph (2)(b) applies—in SDTV digital mode (within the meaning of Schedule 4).

SDTV multi‑channelled commercial television broadcasting service

 (4) For the purposes of subsection (2), assume that paragraph 5A(1)(d) of Schedule 4 had not been enacted.

Definitions

 (5) In this section:

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

related terrestrial licence area:
 (a) in relation to a licence allocated under section 38C for the South Eastern Australia TV3 licence area—means a licence area mentioned in column 3 of item 1 of the table in subsection 38C(1); or
 (b) in relation to a licence allocated under section 38C for the Northern Australia TV3 licence area—means a licence area mentioned in column 3 of item 2 of the table in subsection 38C(1); or
 (c) in relation to a licence allocated under section 38C for the Western Australia TV3 licence area—means a licence area mentioned in column 3 of item 3 of the table in subsection 38C(1).

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

section 38C licensee means the licensee of a commercial television broadcasting licence allocated under section 38C.