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BROADCASTING SERVICES ACT 1992 - SECT 146E

Anti-hoarding rule--licensees

             (1)  A commercial television broadcasting licensee contravenes the anti-hoarding rule if:

                     (a)  the licensee has a right to televise live, in the licence area for the licence, the whole of a designated event or the whole of a designated series of events; and

                     (b)  the licensee acquired the right when the event was a designated event, or the series was a designated series of events, as the case may be; and

                     (c)  either:

                              (i)  the licensee did not televise live in that area any part of the event or series; or

                             (ii)  the licensee televised live in that area some, but not all, of the event or series; and

                     (d)  neither the licensee nor the licensee's program supplier, before the offer time for the event or series, offered to transfer to each national broadcaster, in accordance with sections 146G and 146H, the right to televise live in the corresponding coverage area:

                              (i)  if subparagraph (c)(i) applies--the whole of the event or series; or

                             (ii)  if subparagraph (c)(ii) applies--the remainder of the event or series.

Note 1:       For compliance by licensees, see clause 7 of Schedule 2.

Note 2:       For delayed televising in the Central-Western time zones, see section 146KA.

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

Note:          For example, 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.

             (3)  If a commercial television broadcasting licensee has a right to televise live a substantial proportion of a designated event, this section has effect, in relation to the licensee, as if that proportion were a designated event in its own right.

             (4)  If a commercial television broadcasting licensee has a right to televise live a substantial proportion of a designated series of events, this section has effect, in relation to the licensee, as if that proportion were a designated series of events in its own right.



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