Regulated television services
130ZZJ Regulated television services
Meaning of regulated television service
For the purposes of this Part, each of the following is a regulated television service:
the following broadcasting services:
national television broadcasting services provided by the Australian Broadcasting Corporation;
national television broadcasting services provided by the Special Broadcasting Service Corporation;
commercial television broadcasting services provided by a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1));
community television broadcasting services provided by a community television broadcasting licensee;
a broadcasting video on demand service provided by any of the following, using an application that is covered by subsection (5) of this section:
the Australian Broadcasting Corporation;
the Special Broadcasting Service Corporation;
a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1));
a related body corporate of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1));
a specified service that the Minister determines, under subsection (2) of this section, is a regulated television service;
but does not include a specified service that the Minister determines, under subsection (3) of this section, is not a regulated television service.
Minister may determine specified services
For the purposes of paragraph (1)(c), the Minister may, by legislative instrument, determine that a specified service is a regulated television service.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
For the purposes subsection (1), the Minister may, by legislative instrument, determine that a specified service is not a regulated television service.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
ACMA may give advice
The ACMA may provide advice to the Minister on any matter relevant to:
the determination, by the Minister, that a specified service is a regulated television service; or
the determination, by the Minister, that a specified service is not a regulated television service.
Broadcasting video on demand service applications
For the purposes of paragraph (1)(b), an application is covered by this subsection if:
the application is designed for the purpose of providing access to a particular broadcasting video on demand service; and
the application is provided by:
an entity mentioned in subparagraph (1)(b)(i), (ii), (iii) or (iv); or
an entity that provides a specified service that the Minister determines under subsection (2) is a regulated television service.
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