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BROADCASTING SERVICES ACT 1992 - SECT 146L

Anti-hoarding rule

             (1)  A national broadcaster must not contravene the anti-hoarding rule.

             (2)  A national broadcaster contravenes the anti-hoarding rule if:

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

                     (b)  the national broadcaster 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 national broadcaster did not televise live in that area any part of the event or series; or

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

                     (d)  the national broadcaster did not, before the offer time for the event or series of events, offer to transfer to the other national broadcaster, in accordance with sections 146M and 146N, the right to televise live in that 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:          For delayed televising in the Central-Western time zones, see section 146R.

             (3)  For the purposes of subsection (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 national broadcaster televises live 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 national 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 national broadcaster, as if that proportion were a designated series of events in its own right.

             (6)  This section does not apply to a right acquired by a national broadcaster because of the operation of Division 2 or this Division.



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