Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 130ZVA

Categories for subscription television movie services

             (1)  For the purposes of this Part, if a subscription television licensee provides at least one, but fewer than 7, subscription television movie services in a financial year, those services are Category A subscription television movie services for the financial year.

             (2)  For the purposes of this Part, if a subscription television licensee provides 7 subscription television movie services in a financial year:

                     (a)  if the licensee, by written notice given to the ACMA before the end of the financial year, nominates 6 of those services to be Category A subscription television movie services for the financial year:

                              (i)  the nominated services are Category A subscription television movie services for the financial year; and

                             (ii)  the remaining service is a Category B subscription television movie service for the financial year; or

                     (b)  otherwise--each of those services is a Category A subscription television movie service for the financial year.

             (3)  For the purposes of this Part, if a subscription television licensee provides more than 7 subscription television movie services in a financial year:

                     (a)  if the licensee, by written notice given to the ACMA before the end of the financial year, nominates:

                              (i)  6 of those services to be Category A subscription television movie services for the financial year; and

                             (ii)  one of those services (other than services nominated under subparagraph (i)) to be a Category B subscription television movie service for the financial year;

                            then:

                            (iii)  the services nominated under subparagraph (i) are Category A subscription television movie services for the financial year; and

                            (iv)  the service nominated under subparagraph (ii) is a Category B subscription television movie service for the financial year; and

                             (v)  the remainder of those services are Category C subscription television movie services for the financial year; or

                     (b)  otherwise--each of those services is a Category A subscription television movie service for the financial year.

Exclusion of time-shifting services and high definition services

             (4)  This section does not apply to a subscription television service provided by a subscription television licensee if the service does no more than:

                     (a)  transmit the same stream of programs that has been previously transmitted on another subscription television service provided by the licensee; or

                     (b)  simultaneously transmit, in a high definition format, the same stream of programs that is transmitted, in a standard definition format, on another subscription television service provided by the licensee.



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