BROADCASTING SERVICES ACT 1992 - SECT 146F Anti - hoarding rule--program suppliers

BROADCASTING SERVICES ACT 1992 - SECT 146F

  (1)   A commercial television broadcasting licensee's program supplier must not intentionally or recklessly contravene the anti - hoarding rule.

Penalty:   2,000 penalty units.

  (2)   A commercial television broadcasting licensee's program supplier contravenes the anti - hoarding rule if:

  (a)   the program supplier is entitled to confer on the licensee (the first licensee ) 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 program supplier acquired the entitlement 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 program supplier did not confer on the first licensee, or on another commercial television broadcasting licensee whose licence area is the same as that of the first licensee, the right to televise live in that area any part of the event or series; or

  (ii)   the program supplier conferred on the first licensee, or on another commercial television broadcasting licensee whose licence area is the same as that of the first licensee, the right to televise live in that area some, but not all, of the event or series; and

  (d)   the program supplier did not, before the offer time for the event or series, offer 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.

  (3)   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 event, this section has effect, in relation to the program supplier, as if that proportion were a designated event in its own right.

  (4)   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, this section has effect, in relation to the program supplier, as if that proportion were a designated series of events in its own right.

  (5)   This section has no effect to the extent (if any) to which it purports to authorise the acquisition of property if that acquisition:

  (a)   is otherwise than on just terms; and

  (b)   would be invalid because of paragraph   51(xxxi) of the Constitution.

  (6)   In this section:

"acquisition of property" has the same meaning as in paragraph   51(xxxi) of the Constitution.

"just terms" has the same meaning as in paragraph   51(xxxi) of the Constitution.