Commonwealth Numbered Acts

BROADCASTING SERVICES AMENDMENT ACT 1995 No. 139 of 1995 - SECT 9

9. Section 116 of the Principal Act is amended by omitting subsections (1) and
(2) and substituting the following subsections:

"(1) A person who is in a position to exercise control of a satellite
subscription television broadcasting licence is not taken to be in a position
to exercise control of another satellite subscription television broadcasting
licence only because of a provision of a contract, arrangement or
understanding under which all or any of the following things are done:

   (a)  a subscriber management system is provided for subscribing to either
        or both of the subscription television broadcasting services being
        provided under those licences;

   (b)  the subscription television broadcasting services being provided under
        those licences are marketed on a joint basis;

   (c)  joint use is made of facilities for:

        (i)    transmitting programs; or

        (ii)   the operation of disabling devices for restricting access to
               certain programs;

   (d)  such other things as are prescribed.

"(2) Subsection (1) does not apply to a contract, arrangement or understanding
under which, or as a result of which, a person who is in a position to
exercise control of a satellite subscription television broadcasting service
comes to be in a position to exercise control (whether directly or indirectly)
of the selection or provision of a significant proportion of the programs
broadcast by another satellite subscription television broadcasting
licensee.".