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 .