Document ID: chunk:federal_register_of_legislation:C2004A01089:clause:1_37l:p2
Version: federal_register_of_legislation:C2004A01089
Segment Type: clause
Provision Reference: sch 1 cl 37L (pt 2/2)
Character Range: 7026–8957

in writing by the Minister in relation to a class of television programs or incidental material that includes the television program or incidental material concerned—before that other day;
 (b) the archival material would, apart from this subclause, prevent the part of the television program or incidental material which includes the archival material from satisfying the requirements of paragraph (1)(a) or (b) or (2)(a), (b), (c) or (d) (as the case may be);
 (c) the archival material, taken together with any other material to which paragraphs (a) and (b) apply and that is also included in the same television program or incidental material, amounts to an insubstantial proportion of the television program or incidental material;
that part of the television program or incidental material is taken to satisfy the requirements of paragraph (1)(a) or (b) or (2)(a), (b), (c) or (d) (as the case may be).

 (4) The following provisions apply to determinations of a day under subparagraph (3)(a)(ii):
 (a) a day so determined may be a specified day, or a day that is identified in some other way (for example, the day occurring a specified period before first transmission);
 (b) the Minister must not make a determination that would result in a day so determined being earlier than 1 July 2003.

 (5) A determination under subparagraph (3)(a)(ii) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (6) In this clause:

incidental material means:
 (a) advertising or sponsorship material (whether or not of a commercial kind); or
 (b) a promotion for a television program or a television broadcasting service; or
 (c) community information material or community promotional material; or
 (d) a news break or weather bulletin; or
 (e) any other similar material.

television program does not include incidental material (whether transmitted during or between television programs).