Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 146D

  (1)   This section sets out the 3 situations in which a person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part.

Agreements

  (2)   A person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part   if:

  (a)   the person has an agreement to supply the licensee with programs that can be televised by the licensee; and

  (b)   the person supplies, or may reasonably be expected to supply, the licensee with at least two - thirds of:

  (i)   all the sporting programs that are, or are to be, televised by the licensee during the period when the agreement is in force; or

  (ii)   all the prescribed programs that are, or are to be, televised by the licensee during the period when the agreement is in force;

    whether or not the programs are, or are to be, supplied under the agreement.

Related body corporate

  (3)   A person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part   if the person:

  (a)   is a related body corporate of the licensee; and

  (b)   supplies, or proposes to supply, the licensee with any of:

  (i)   the sporting programs that are, or are to be, televised by the licensee; or

  (ii)   the prescribed programs that are, or are to be, televised by the licensee.

ACMA declaration

  (4)   If:

  (a)   apart from this subsection, a person is not a program supplier of a commercial television broadcasting licensee; and

  (b)   the person supplies, or proposes to supply, the licensee with any of:

  (i)   the sporting programs that are, or are to be, televised by the licensee; or

  (ii)   the prescribed programs that are, or are to be, televised by the licensee; and

  (c)   having regard to the following matters, the ACMA is satisfied that the person should be treated as a program supplier of the licensee:

  (i)   the purpose underlying this Part;

  (ii)   whether the relationship between the person and the licensee was entered into or maintained for the sole or dominant purpose of avoiding the application of any provision of this Part;

  (iii)   any other relevant matters;

the ACMA may, by writing, declare that the person is a program supplier of the licensee for the purposes of this Part.

  (5)   A declaration under subsection   (4) has effect accordingly.

  (6)   The ACMA must arrange for a copy of a declaration under subsection   (4) to be:

  (a)   given to the person and licensee concerned; and

  (b)   published in the Gazette .