Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 116

Certain arrangements not to result in control or in persons being associates

             (1)  A person who is in a position to exercise control of a satellite subscription television broadcasting licence is not taken to be in a position to exercise control of another satellite subscription television broadcasting licence only because of a provision of a contract, arrangement or understanding under which all or any of the following things are done:

                     (a)  a subscriber management system is provided for subscribing to either or both of the subscription television broadcasting services being provided under those licences;

                     (b)  the subscription television broadcasting services being provided under those licences are marketed on a joint basis;

                     (c)  joint use is made of facilities for:

                              (i)  transmitting programs; or

                             (ii)  the operation of disabling devices for restricting access to certain programs;

                     (d)  such other things as are prescribed.

             (2)  Subsection (1) does not apply to a contract, arrangement or understanding under which, or as a result of which, a person who is in a position to exercise control of a satellite subscription television broadcasting service comes to be in a position to exercise control (whether directly or indirectly) of the selection or provision of a significant proportion of the programs broadcast by another satellite subscription television broadcasting licensee.



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