Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_43aa:p1
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 43AA (pt 1/2)
Character Range: 36029–38823

43AA  Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees

 (1) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if:
 (a) the licensee broadcasts a local news program in the licence area; and
 (aa) the licensee has not previously broadcast the program in the licence area; and
 (b) the licence area is wholly or partly included in the licence area of a licence allocated under section 38C;
the licensee of the regional commercial television broadcasting licence must:
 (c) provide the local news program to the licensee of the section 38C licence for broadcast by the section 38C licensee; and
 (d) do so:
 (i) simultaneously with the broadcast of the program by the licensee of the regional commercial television broadcasting licence; or
 (ii) as soon as practicable after the broadcast of the program by the licensee of the regional commercial television broadcasting licence.

 (2) A program must be provided under subsection (1) by transmitting it in digital mode (within the meaning of Schedule 4).

 (3) If:
 (a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and
 (b) the regional licensee believes, on reasonable grounds, that the broadcasting of a part of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C 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;
subsection (1) has effect as if the program did not include that part of the program.

 (3A) If:
 (a) apart from this subsection, a commercial television broadcasting licensee for a regional licence area (the regional licensee) is required by subsection (1) to provide a program to the licensee of a commercial television broadcasting licence allocated under section 38C; and
 (b) the regional licensee believes, on reasonable grounds, that the broadcasting of the program in any jurisdiction in the licence area of the section 38C licence could result in the section 38C 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;
subsection (1) does not apply to the program.

 (3B) A commercial television broadcasting licence for a regional licence area is subject to the condition that, if:
 (a) the licensee broadcasts a local news program in the licence area on 2 or more occasions; and