Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 146K

Licensees

  (1)   For the purposes of this Division, if:

  (a)   a commercial television broadcasting licensee has the right to televise live, in the licence area for the licence, a particular designated series of events; and

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

  (c)   during that period, the licensee televises live in that area one of those simultaneous events;

the licensee is taken, during that period, to have televised live in that area the remainder of those simultaneous events.

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

  (2)   For the purposes of paragraph   (1)(c), a licensee is taken to have televised live the whole of an event if the licensee televises live all but an insubstantial proportion of the event.

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 being televised.

  (3)   If a commercial television broadcasting licensee has a right to televise live a substantial proportion of a designated series of events, subsection   (1) has effect, in relation to the licensee, as if that proportion were a designated series of events in its own right.

Program suppliers

  (4)   For the purposes of this Division, if:

  (a)   a commercial television broadcasting licensee's program supplier is entitled to confer on the licensee a right to televise live, in the licence area for the licence, a particular designated series of events; and

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

  (c)   the program supplier conferred on the licensee the right to televise live during that period in that area one of those simultaneous events;

the program supplier is taken to have conferred on the licensee the right to televise live during that period in that area the remainder of those simultaneous events.

  (5)   If a commercial television broadcasting licensee's program supplier is entitled to confer on the licensee a right to televise live a substantial proportion of a designated series of events, subsection   (4) has effect, in relation to the program supplier, as if that proportion were a designated series of events in its own right.