Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 146R

  (1)   For the purposes of paragraph   146L(2)(c), if:

  (a)   a national broadcaster televises, in a coverage area:

  (i)   a designated event or a designated series of events; or

  (ii)   a part of a designated event or a part of a designated series of events; and

  (b)   the event or series is eligible for delayed televising in the Central - Western time zones; and

  (c)   apart from this subsection, the televising mentioned in paragraph   (a) is not live; and

  (d)   the coverage area is wholly or substantially within a particular Central - Western time zone; and

  (e)   assuming the event or series, or the part of the event or series, as the case may be, had been televised live in Sydney--the event or series, or the part of the event or series, as the case may be, is televised, as mentioned in paragraph   (a), not later than the local time in that zone that is equivalent to the time at which the event or series, or the part of the event or series, as the case may be, was televised live in Sydney;

the event or series, or the part of the event or series, as the case may be, is taken to be televised live by the national broadcaster in the coverage area.

  (2)   For the purposes of paragraph   146Q(1)(c), if:

  (a)   a national broadcaster has the right to televise live, in a coverage area, a particular designated series of events; and

  (b)   during a particular period, 2 or more events in that series wholly or partly overlap; and

  (c)   the broadcaster televises in the coverage area one of those events; and

  (d)   the series is eligible for delayed televising in the Central - Western time zones; and

  (e)   apart from this subsection, the televising mentioned in paragraph   (c) is not live; and

  (f)   the coverage area is wholly or substantially within a particular Central - Western time zone; and

  (g)   assuming the event had been televised live in Sydney--the event is televised, as mentioned in paragraph   (c), not later than the local time in that zone that is equivalent to the time at which the event was televised live in Sydney;

the event is taken to be televised live by the national broadcaster in the coverage area during that period.

  (3)   For the purposes of subsections   (1) and (2), a national broadcaster is taken to have televised live the whole of an event, or the whole of a series of events, if the broadcaster televises all but an insubstantial proportion of the event or series, as the case may be.

Note 1:   For example, in the case of the ABC, interruptions by way of news breaks, program promotions, announcements or brief crosses to other live events would amount to an insubstantial proportion of the event or series being televised.

Note 2:   For example, in the case of the SBS, interruptions by way of commercial breaks, news breaks, program promotions, announcements or brief crosses to other live events would amount to an insubstantial proportion of the event or series being televised.

  (4)   If a national broadcaster has a right to televise live a substantial proportion of a designated event, this section has effect, in relation to the broadcaster, as if that proportion were a designated event in its own right.

  (5)   If a national broadcaster has a right to televise live a substantial proportion of a designated series of events, this section has effect, in relation to the broadcaster, as if that proportion were a designated series of events in its own right.