Document ID: chunk:federal_register_of_legislation:C2025C00023:section:41ca:p2
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 41CA (pt 2/3)
Character Range: 146680–149816

(fb) if:
 (i) a commercial television broadcasting licensee (a related terrestrial licensee) for a related terrestrial licence area provides a HDTV multi‑channelled commercial television broadcasting service in the related terrestrial licence area; and
 (ii) the service is the primary commercial television broadcasting service provided by the related terrestrial licensee;
  a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the related terrestrial licensee;
 (fc) if:
 (i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and
 (ii) the service is not the primary commercial television broadcasting service provided by the metropolitan licensee;
  a HDTV multi‑channelled commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;
 (fd) if:
 (i) a commercial television broadcasting licensee (a metropolitan licensee) for a metropolitan licence area provides a HDTV multi‑channelled commercial television broadcasting service in the metropolitan licence area; and
 (ii) the service is the primary commercial television broadcasting service provided by the metropolitan licensee;
  a commercial television broadcasting service the program content of which is the same, or substantially the same, as the service provided by the metropolitan licensee;
 (g) one or more multi‑channelled commercial television broadcasting services the program content of which consists wholly or primarily of programs provided, or required to be provided, to the licensee under subsection 43AA(1).

Program content
 (2) In determining, for the purposes of this section, whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is the same, or substantially the same, as the program content of another commercial television broadcasting service:
 (a) ignore the following:
 (i) advertising or sponsorship material (whether or not of a commercial kind);
 (ii) a promotion for a television program or a television broadcasting service;
 (iii) community information material or community promotional material;
 (iv) a weather bulletin;
 (v) any other similar material; and
 (b) ignore a news program; and
 (c) ignore any program the broadcasting of which in any jurisdiction in the licence area could result in the licensee:
 (i) committing an offence; or
 (ii) becoming liable to a civil penalty; or
 (iii) breaching an order or direction of a court; or
 (iv) being in contempt of court; and
 (d) ignore a program broadcast in circumstances specified in the regulations.
 (3) In determining, for the purposes of:
 (a) paragraph (1)(c); or
 (b) paragraph (1)(f); or
 (c) paragraph (1)(fb); or
 (d) paragraph (1)(fd);
whether the program content of a commercial television broadcasting service provided by a licensee in a licence area is