Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, on - demand program service means a service:
(a) that is provided to end - users using an internet carriage service; and
(b) to the extent to which the service provides material that is identical to a program that has been, or is being, transmitted on:
(i) a commercial television broadcasting service provided under a commercial television broadcasting licence; or
(ii) a subscription television broadcasting service provided under a subscription television broadcasting licence; or
(iii) a subscription television narrowcasting service; or
(iv) a television broadcasting service provided by the Australian Broadcasting Corporation; or
(v) a television broadcasting service provided by the Special Broadcasting Service Corporation.
(2) For the purposes of subsection (1), in determining whether material is identical to a program, disregard any differences that are attributable to the technical characteristics of the provision or transmission (for example, video resolution or sound quality).
(3) For the purposes of subsection (1), in determining whether material is identical to a program, disregard the presence or absence of:
(a) a watermark - type logo; or
(b) a watermark - type insignia.
(4) An expression used in paragraph (1)(b) has the same meaning in that paragraph as it has in the Broadcasting Services Act 1992 .