Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.