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BROADCASTING SERVICES ACT 1992 - SECT 146D

Program suppliers

             (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 .



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