Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 130ZW

  (1)   For the purposes of this Part, if a subscription television licensee provides at least one, but fewer than 19, subscription television general entertainment services in a financial year, those services are Category A subscription television general entertainment services for the financial year.

  (2)   For the purposes of this Part, if a subscription television licensee provides more than 18, but fewer than 35, subscription television general entertainment services in a financial year:

  (a)   if the licensee, by written notice given to the ACMA before the end of the financial year, nominates 18 of those services to be Category A subscription television general entertainment services for the financial year:

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

  (ii)   the remainder of those services are Category B subscription television general entertainment services for the financial year; or

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

  (3)   For the purposes of this Part, if a subscription television licensee provides more than 34 subscription television general entertainment 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)   18 of those services to be Category A subscription television general entertainment services for the financial year; and

  (ii)   16 of those services (other than services nominated under subparagraph   (i)) to be Category B subscription television general entertainment services for the financial year;

    then:

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

  (iv)   the services nominated under subparagraph   (ii) are Category B subscription television general entertainment services for the financial year; and

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

  (b)   otherwise--each of those services is a Category A subscription television general entertainment 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.