Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:1_94:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 1 cl 94 (pt 1/2)
Character Range: 45125–47913

94  At the end of clause 6 of Schedule 4
Add:

Digital program‑enhancement content

 (14) For the purposes of this clause, digital program‑enhancement content is content:
 (a) whether in the form of text; or
 (b) whether in the form of data; or
 (c) whether in the form of speech, music or other sounds; or
 (d) whether in the form of visual images (animated or otherwise); or
 (e) whether in any other form; or
 (f) whether in any combination of forms;
where:
 (g) the content is transmitted using a digital modulation technique; and
 (h) the sole purpose of the transmission of the content is to enhance a television program (the primary program); and
 (i) the subject matter of the content is closely and directly linked to the subject matter of the primary program; and
 (j) the licensee transmits simultaneously the content and the primary program; and
 (k) either:
 (i) the licensee transmits simultaneously the primary program in both analog mode and SDTV digital mode; or
 (ii) the primary program is covered by a determination under subclause (9) or (10).

Note: For example, if the primary program is live coverage of a tennis match, the digital program‑enhancement content could consist of any or all of the following:

(a) the match from different camera angles;

(b) each player's results in past matches;

(c) video highlights from those past matches;

(d) each player's ranking and career highlights.

Designated event

 (20) For the purposes of this clause, a designated event is:
 (a) a sporting event; or
 (b) a declared designated event (as defined by subclause (21)).

 (21) The ABA may, by writing, determine that a specified event is a declared designated event for the purposes of this clause.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

 (22) A determination under subclause (21) has effect accordingly.

 (23) A determination under subclause (21) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Electronic program guide

 (24) For the purposes of this clause, an electronic program guide is matter transmitted using a uniform digital modulation technique, where the matter consists of no more than:
 (a) a schedule of the television programs provided by:
 (i) the commercial television broadcasting service transmitting the matter; or
 (ii) all of the commercial television broadcasting services and all of the national television broadcasting services; or
 (b) a combination of:
 (i) a schedule covered by paragraph (a); and
 (ii) items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief and in the form of text; or
 (c) a combination of:
 (i) a schedule covered by paragraph (a); and