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BROADCASTING SERVICES ACT 1992 - SECT 146KA Delayed televising in the Central - Western time zones

BROADCASTING SERVICES ACT 1992 - SECT 146KA

Delayed televising in the Central - Western time zones

  (1)   For the purposes of paragraph   146E(1)(c), if:

  (a)   a commercial television broadcasting licensee televises, in the licence area for the licence:

  (i)   a designated event or a designated series of events; or

  (ii)   a part of a designated event or a part of a designated series of events; and

  (b)   the event or series is eligible for delayed televising in the Central - Western time zones; and

  (c)   apart from this subsection, the televising mentioned in paragraph   (a) is not live; and

  (d)   the licence area is wholly or substantially within a particular Central - Western time zone; and

  (e)   assuming the event or series, or the part of the event or series, as the case may be, had been televised live in Sydney--the event or series, or the part of the event or series, as the case may be, is televised, as mentioned in paragraph   (a), not later than the local time in that zone that is equivalent to the time at which the event or series, or the part of the event or series, as the case may be, was televised live in Sydney;

the event or series, or the part of the event or series, as the case may be, is taken to be televised live by the licensee in the licence area.

  (2)   For the purposes of paragraph   146K(1)(c), 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 wholly or partly overlap; and

  (c)   the licensee televises in the licence area one of those events; and

  (d)   the series is eligible for delayed televising in the Central - Western time zones; and

  (e)   apart from this subsection, the televising mentioned in paragraph   (c) is not live; and

  (f)   the licence area is wholly or substantially within a particular Central - Western time zone; and

  (g)   assuming the event had been televised live in Sydney--the event is televised, as mentioned in paragraph   (c), not later than the local time in that zone that is equivalent to the time at which the event was televised live in Sydney;

the event is taken to be televised live by the licensee in the licence area during that period.

  (3)   For the purposes of subsections   (1) and (2), 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 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.

  (4)   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.

  (5)   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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