Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:1_5a:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 1 cl 5A (pt 1/2)
Character Range: 33348–36395

5A  Multi‑channelled national television broadcasting service

 (1) For the purposes of this Schedule, a broadcasting service is a multi‑channelled national television broadcasting service if:
 (a) the service provides television programs; and
 (b) either:
 (i) the service is provided by the Australian Broadcasting Corporation in accordance with section 6 of the Australian Broadcasting Corporation Act 1983; or
 (ii) the service is provided by the Special Broadcasting Service Corporation in accordance with section 6 of the Special Broadcasting Service Act 1991; and
 (c) the service is transmitted in digital mode using multi‑channelling transmission capacity; and
 (d) the only programs delivered by the service are programs to which subclause (2) applies; and
 (e) the service is promoted as a service that is distinct from any other broadcasting service provided by the Corporation concerned; and
 (f) the service is neither a subscription broadcasting service nor a subscription narrowcasting service; and
 (g) the Corporation concerned has given the Minister a written notice electing that this subclause apply to the service; and
 (h) if the Corporation concerned transmits the service in a particular coverage area:
 (i) the Corporation transmits another broadcasting service in that coverage area; and
 (ii) the other service is a national television broadcasting service; and
 (iii) clause 19 applies to the other service during the simulcast period for that coverage area.

 (2) This subclause applies to the following television programs:
 (a) a program (including a news bulletin or a current affairs program) that deals wholly or principally with regional matters;
 (b) an educational program;
 (c) a science program;
 (d) a religious program;
 (e) a health program;
 (f) an arts‑related program;
 (g) a culture‑related program;
 (h) a financial, market or business information bulletin;
 (i) a program that consists of:
 (i) the proceedings of, or the proceedings of a committee of, a Parliament; or
 (ii) the proceedings of a court or tribunal in Australia; or
 (iii) the proceedings of an official inquiry or Royal Commission in Australia; or
 (iv) a hearing conducted by a body established for a public purpose by a law of the Commonwealth or of a State or Territory;
 (j) a public policy program;
 (k) a foreign‑language news bulletin;
 (l) a program about community‑based multicultural or indigenous activities;
 (m) a children's program;
 (n) a history program;
 (o) a program that:
 (i) is produced by the Australian Broadcasting Corporation; and
 (ii) deals with international news (including analysis of items of international news);
 (p) a national program about rural affairs;
 (q) an information‑only program;
 (r) a stand‑alone international social documentary;
 (s) a stand‑alone social documentary that is produced by the Special Broadcasting Service Corporation;
 (t) a subtitled foreign‑language program;
 (u) an occasional stand‑alone drama program;
 (v) incidental matter.

 (3) In this clause:

drama program