Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No.3)1
Broadcasting Services Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under clause 41G of Schedule 4 to the Broadcasting Services Act 1992.
Dated       6th December 2010
Richard Bean
(signed)
Member
Maureen Cahill
(signed)
Member/General Manager
Australian Communications and Media Authority
1              Name of Declaration
                This Declaration is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2010 (No.3).
2              Commencement
                This Declaration commences on the day after it is registered.
 
 
3              Amendment of Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010
                Schedule 1 amends the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010.
 
Schedule 1        Amendment
(section 3)
  
[1]           Section 3
insert
start date has the meaning given by clause 7H of Schedule 2 to the Act.
 
  
[2]           After section 5
insert
6              Declaration of primary commercial television broadcasting service after the start date – satellite services
         (1)   Under subclause 41G(4) of Schedule 4 to the Act, the ACMA declares that each of the SDTV multi-channelled commercial television broadcasting services specified in column 4 of an item in the table in Schedule 3 is a primary commercial television broadcasting service of the licensee of the commercial television broadcasting licence set out in column 2 of that item.
         (2)   Subsection (1) has effect, in relation to a commercial television broadcasting licence, from the start date for the licence area of that licence.
         (3)   In determining whether a particular SDTV multi-channelled commercial television broadcasting service is specified in column 4 of the table in Schedule 3, regard may be had to:
                (a)    any watermark or image that:
                          (i)    is displayed during programs provided as part of the service; and
                         (ii)    identifies the service; and
               (b)    any name or logo used in relation to the service in publicly available listing of the programs provided as part of the service, whether or not the listing is published by the licensee providing the service.
         (4)   Subsection (3) does not limit the matters to which regard may be had in determining whether an SDTV multi-channelled commercial television broadcasting service is the service specified in column 4 of the table in Schedule 3.
[3]           Schedule 1, table 1, after item 3
insert
 
4
Spencer Gulf TV1
SL10234
Southern Cross Television
Southern Cross Television

5
Spencer Gulf TV1
SL1150798
Southern Cross TEN
Southern Cross TEN

6
Spencer Gulf TV1
SL1130142
Nine
Nine

7
Broken Hill TV1
SL10241
Southern Cross Television
Southern Cross Television

8
Broken Hill TV1
SL1150797
Southern Cross TEN
Southern Cross TEN

9
Broken Hill TV1
SL1130143
Nine
Nine

10
Mount Gambier/South East TV1
SL10330
WIN SA
WIN SA

11
Mount Gambier/South East TV1
SL1150799
WIN TEN
WIN TEN

12
Mount Gambier/South East TV1
SL1130144
Nine
Nine

13
Riverland TV1
SL10174
WIN SA
WIN SA

14
Riverland TV1
SL1150796
WIN TEN
WIN TEN

15
Riverland TV1
SL1130145
Nine
Nine

 
 
 [4]          After Schedule 2
insert
Schedule 3        Primary commercial television broadcasting services after the start date
(section 6)
  
Table 1  Primary commercial television broadcasting services
 
Item
Column 1
Licence Area
Column 2
Service licence number
Column 3
SDTV multi-channelled commercial television broadcasting services provided at start date
Column 4
Primary Commercial Television Broadcasting Service(s)

1
South Eastern Australia TV3
SL1130135
CDT (TEN)
Gem
GO!
Imparja
One
OneHD
Regional News
Southern Cross Television
7Mate
7Two
CDT (TEN)
Imparja
Southern Cross Television

2
Northern Australia TV3
SL1130136
CDT (TEN)
Gem
GO!
Imparja
One
OneHD
Regional News
Southern Cross Television
7Mate
7Two
CDT (TEN)
Imparja
Southern Cross Television

Note   Columns 1 and 3 are included for information only.
 
 
 
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.