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BROADCASTING SERVICES ACT 1992 - SECT 211A

Time when a television program is broadcast--South Eastern Australia TV3 and Northern Australia TV3 licence areas

Nomination of place--South Eastern Australia TV3 licence area

             (1)  The licensee of a commercial television broadcasting licence allocated under section 38C for the South Eastern Australia TV3 licence area may, by written notice given to the ACMA, nominate either or both of the following:

                     (a)  a specified place in:

                              (i)  the South Eastern Australia TV3 licence area; or

                             (ii)  the Northern Australia TV3 licence area;

                            for the purposes of the HDTV multi-channelled commercial television broadcasting services provided under the licence;

                     (b)  a specified place in the South Eastern Australia TV3 licence area for the purposes of the SDTV multi-channelled commercial television broadcasting services provided under the licence.

             (2)  The nomination must be expressed to be a nomination under subsection (1).

Nomination of place--Northern Australia TV3 licence area

             (3)  The licensee of a commercial television broadcasting licence allocated under section 38C for the Northern Australia TV3 licence area may, by written notice given to the ACMA, nominate either or both of the following:

                     (a)  a specified place in:

                              (i)  the Northern Australia TV3 licence area; or

                             (ii)  the South Eastern Australia TV3 licence area;

                            for the purposes of the HDTV multi-channelled commercial television broadcasting services provided under the licence;

                     (b)  a specified place in the Northern Australia TV3 licence area for the purposes of the SDTV multi-channelled commercial television broadcasting services provided under the licence.

             (4)  The nomination must be expressed to be a nomination under subsection (3).

Withdrawal of nomination

             (5)  If a nomination is in force under subsection (1) or (3), the licensee may, by written notice given to the ACMA, withdraw the nomination.

             (6)  The withdrawal of a nomination does not prevent the licensee from making a fresh nomination under subsection (1) or (3).

Time when a program is broadcast

             (7)  If a nomination of a place is in force under paragraph (1)(a) or (3)(a) for the purposes of the HDTV multi-channelled commercial television broadcasting services provided under a licence, then:

                     (a)  this Act; and

                     (b)  any program standards; and

                     (c)  any other instrument under this Act; and

                     (d)  any codes of practice registered under section 123;

have effect, in relation to any programs broadcast on those services, as if those programs had been broadcast in all parts of the licence area at the time that is legal time in the nominated place.

             (8)  If a nomination of a place is in force under paragraph (1)(b) or (3)(b) for the purposes of the SDTV multi-channelled commercial television broadcasting services provided under a licence, then:

                     (a)  this Act; and

                     (b)  any program standards; and

                     (c)  any other instrument under this Act; and

                     (d)  any codes of practice registered under section 123;

have effect, in relation to any programs broadcast on those services, as if those programs had been broadcast in all parts of the licence area at the time that is legal time in the nominated place.

Definitions

             (9)  In this section:

"HDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.

"SDTV multi-channelled commercial television broadcasting service" has the same meaning as in Schedule 4.



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