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BROADCASTING SERVICES ACT 1992 - SECT 115 Minister may protect the free availability of certain types of programs

BROADCASTING SERVICES ACT 1992 - SECT 115

Minister may protect the free availability of certain types of programs

  (1)   The Minister may give notice, by legislative instrument, specifying an event, or events of a kind, the televising of which should, in the opinion of the Minister, be available free to the general public.

  (1A)   The Minister may give notice, by legislative instrument, amending a notice under subsection   (1) to specify an additional event, or events of a kind, the televising of which should, in the opinion of the Minister, be available free to the public.

  (1AA)   Subject to subsection   (2), an event specified in a notice under subsection   (1) is taken to be removed from the notice   4,368 hours before the start of the event, unless the Minister, by legislative instrument registered under the Legislation Act 2003 before that time, declares that the event continues to be specified in the notice after that time.

  (1AB)   The Minister may make a declaration under subsection   (1AA) only if the Minister is satisfied that at least one commercial television broadcasting licensee or national broadcaster has not had a reasonable opportunity to acquire the right to televise the event concerned.

  (1B)   Subject to subsections   (1AA) and (2), an event specified in a notice under subsection   (1) is taken to be removed from the notice   168   hours after the end of the event, unless the Minister, by legislative instrument registered under the Legislation Act 2003 before that time, declares that the event continues to be specified in the notice after that time.

  (2)   The Minister may give notice, by legislative instrument, amending a notice under subsection   (1) to remove an event from the notice.

Note:   The following are examples of situations in which the Minister might exercise the power to remove an event from a notice:

Example 1

  The national broadcasters and commercial television broadcasting licensees have had a real opportunity to acquire the right to televise an event, but none of them has acquired the right within a reasonable time. The Minister is of the opinion that removing the event from the notice is likely to have the effect that the event will be televised to a greater extent than if it remained on the notice.

Example 2

  A commercial television broadcasting licensee has acquired the right to televise an event, but has failed to televise the event or has televised only an unreasonably small proportion of the event. The Minister is of the opinion that removing that event, or another event, from the notice is likely to have the effect that the removed event will be televised to a greater extent than it would be if it remained on the notice.

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