Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_38:p1
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 38 (pt 1/3)
Character Range: 54602–57639

38  Captioning

Basic rules

 (1) Subject to this clause, each commercial television broadcasting licensee, and each national broadcaster, must provide a captioning service for:
 (a) television programs transmitted during prime viewing hours; and
 (b) television news or current affairs programs transmitted outside prime viewing hours.

Note: For compliance by licensees, see clause 7 of Schedule 2.

 (2) Subclause (1) does not require the provision by a commercial television broadcasting licensee of a captioning service for a television program covered by paragraph 6(8)(d).

 (3) Subclause (1) does not require the provision by a national broadcaster of a captioning service for a television program covered by paragraph 19(8)(d).

 (4) If:
 (a) there is a simulcast period, or a simulcast‑equivalent period, for the licence area of a commercial television broadcasting licence; and
 (b) the licensee provides a core commercial television broadcasting service in the licence area; and
 (c) the licensee provides:
 (i) a SDTV multi‑channelled commercial television broadcasting service; or
 (ii) a HDTV multi‑channelled commercial television broadcasting service;
  in the licence area;
then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:
 (d) the SDTV multi‑channelled commercial television broadcasting service; or
 (e) the HDTV multi‑channelled commercial television broadcasting service;
unless the program has been previously transmitted on the core commercial television broadcasting service.

 (5) If:
 (a) a national broadcaster provides a national television broadcasting service in a coverage area; and
 (b) there is a simulcast period, or a simulcast‑equivalent period, for the coverage area;
then, during that period, subclause (1) does not require the provision of a captioning service for a television program transmitted on:
 (c) a SDTV national television broadcasting service provided by the national broadcaster; or
 (d) a HDTV national television broadcasting service provided by the national broadcaster;
unless the television program has been previously transmitted by the national broadcaster on the national television broadcasting service to which clause 19 applies.

 (6) Subclause (1) does not require the provision of a captioning service by the licensee of a commercial television broadcasting licence that was allocated under subsection 40(1) during:
 (a) the first year of operation of the licence; or
 (b) if the ACMA, by written notice given to the licensee, allows a longer period—that longer period.

 (7) Subclause (1) does not require the provision of a captioning service for:
 (a) a television program, or a part of a television program, that is wholly in a language other than English; or
 (b) a television program, or a part of a television program, the audio component of which consists only of music that has no human vocal content that is recognisable as being in the English language; or
 (c) so much of