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This is a Bill, not an Act. For current law, see the Acts databases.
BROADCASTING SERVICES AMENDMENT (ANTI-SIPHONING) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Broadcasting Services Amendment
(Anti-siphoning) Bill 2012
No. , 2012
(Broadband, Communications and the Digital Economy)
A Bill for an Act to amend the Broadcasting
Services Act 1992, and for other purposes
i Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Amendments commencing on the day after Royal
Assent
3
Broadcasting Services Act 1992
3
Part 2--Amendments commencing on a day to be fixed by
Proclamation
7
Broadcasting Services Act 1992
7
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 1
A Bill for an Act to amend the Broadcasting
1
Services Act 1992, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Broadcasting Services Amendment
5
(Anti-siphoning) Act 2012.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Amendments commencing on the day after Royal Assent Part 1
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 3
Schedule 1--Amendments
1
Part 1--Amendments commencing on the day after
2
Royal Assent
3
Broadcasting Services Act 1992
4
1 After section 115A
5
Insert:
6
115B Interim notification requirements--commercial television
7
broadcasting licensees
8
(1) If, as at the commencement of this section, a commercial television
9
broadcasting licensee has a right to televise the whole or a part of
10
an anti-siphoning event in the licence area for the licence, the
11
licensee must:
12
(a) notify the ACMA, in writing, of:
13
(i) the holding of the right; and
14
(ii) the attributes of the right; and
15
(b) do so within 10 business days after the commencement of
16
this section.
17
Note:
See also sections 115D and 115E.
18
(2) If a commercial television broadcasting licensee acquires the right
19
to televise live the whole or a part of an anti-siphoning event in the
20
licence area for the licence, the licensee must:
21
(a) notify the ACMA, in writing, of:
22
(i) the acquisition; and
23
(ii) the attributes of the right; and
24
(b) do so within 10 business days after the acquisition.
25
Note:
See also sections 115D and 115E.
26
(3) If a commercial television broadcasting licensee ceases to have the
27
right to televise the whole or a part of an anti-siphoning event in
28
the licence area for the licence, the licensee must:
29
(a) notify the ACMA, in writing, of:
30
(i) the cessation; and
31
Schedule 1 Amendments
Part 1 Amendments commencing on the day after Royal Assent
4 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(ii) the attributes of the right; and
1
(b) do so within 10 business days after the cessation.
2
Note 1:
See also sections 115D and 115E.
3
Note 2:
For compliance by licensees, see clause 7 of Schedule 2.
4
(4) Subsection 140A(1), in so far as that subsection deals with a breach
5
of the licence condition set out in paragraph 7(1)(hb) of
6
Schedule 2, is a designated infringement notice provision.
7
Note:
Paragraph 7(1)(hb) of Schedule 2 requires a commercial television
8
broadcasting licensee to comply with the requirements set out in this
9
section.
10
115C Interim notification requirements--national broadcasters
11
(1) If, as at the commencement of this section, a national broadcaster
12
has a right to televise the whole or a part of an anti-siphoning event
13
in a coverage area, the national broadcaster must:
14
(a) notify the ACMA, in writing, of:
15
(i) the holding of the right; and
16
(ii) the attributes of the right; and
17
(b) do so within 10 business days after the commencement of
18
this section.
19
Note:
See also sections 115D and 115E.
20
(2) If a national broadcaster acquires the right to televise the whole or
21
a part of an anti-siphoning event in a coverage area, the national
22
broadcaster must:
23
(a) notify the ACMA, in writing, of:
24
(i) the acquisition; and
25
(ii) the attributes of the right; and
26
(b) do so within 10 business days after the acquisition.
27
Note:
See also sections 115D and 115E.
28
(3) If a national broadcaster ceases to have the right to televise the
29
whole or a part of an anti-siphoning event in a coverage area, the
30
national broadcaster must:
31
(a) notify the ACMA, in writing, of:
32
(i) the cessation; and
33
(ii) the attributes of the right; and
34
(b) do so within 10 business days after the cessation.
35
Amendments Schedule 1
Amendments commencing on the day after Royal Assent Part 1
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 5
Note:
See also sections 115D and 115E.
1
(4) In this section:
2
coverage area has the same meaning as in Schedule 4.
3
115D Notification to be in approved form
4
A notification under a provision of:
5
(a) section 115B; or
6
(b)
section
115C;
7
must be in a form approved, in writing, by the ACMA for the
8
purposes of the provision.
9
115E Exemptions from interim notification requirements
10
(1) A right to televise a part of an anti-siphoning event is exempt from
11
sections 115B and 115C so far as the right is a right to televise the
12
part in a news program.
13
(2) The Minister may, by legislative instrument, determine one or
14
more exemptions from sections 115B and 115C so far as those
15
sections relate to a right to televise a part of an anti-siphoning
16
event.
17
(3) An exemption under subsection (2) may be:
18
(a)
unconditional;
or
19
(b) subject to such conditions (if any) as are specified in the
20
determination.
21
(4) For the purposes of this section, news program means:
22
(a) a news bulletin; or
23
(b) a sports news bulletin.
24
2 Subsection 205F(4)
25
Omit "(other than subsection 205E(1))".
26
3 After subsection 205F(4)
27
Insert:
28
(4A) Subsection (4) does not apply to a contravention of:
29
Schedule 1 Amendments
Part 1 Amendments commencing on the day after Royal Assent
6 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(a) subsection 140A(1), in so far as subsection 140A(1) deals
1
with a breach of the licence condition set out in paragraph
2
7(1)(hb) of Schedule 2; or
3
(b)
subsection
205E(1).
4
(4B) The pecuniary penalty payable by a person in respect of a
5
contravention of subsection 140A(1), in so far as subsection
6
140A(1) deals with a breach of the licence condition set out in
7
paragraph 7(1)(hb) of Schedule 2, must not exceed 500 penalty
8
units.
9
4 After subsection 205F(5)
10
Insert:
11
(5A) Subsection (5) does not apply to a contravention of subsection
12
205E(1) that relates to subsection 140A(1) in so far as subsection
13
140A(1) deals with a breach of the licence condition set out in
14
paragraph 7(1)(hb) of Schedule 2.
15
(5B) The pecuniary penalty payable by a person in respect of a
16
contravention of subsection 205E(1) that relates to subsection
17
140A(1), in so far as subsection 140A(1) deals with a breach of the
18
licence condition set out in paragraph 7(1)(hb) of Schedule 2, must
19
not exceed 500 penalty units.
20
5 Section 205ZD (heading)
21
Repeal the heading, substitute:
22
205ZD Effect of this Part on proceedings
23
6 After paragraph 7(1)(ha) of Schedule 2
24
Insert:
25
(hb) the licensee will comply with the requirements set out in
26
section 115B;
27
7 Paragraph 41B(1)(a) of Schedule 4
28
Omit "(2C) or (2CB)", substitute "(2C), (2CB), (2D) or (2DB)".
29
8 Paragraph 41D(1)(a) of Schedule 4
30
Omit "(2C) or (2CB)", substitute "(2C), (2CB), (2D) or (2DB)".
31
32
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 7
Part 2--Amendments commencing on a day to be
1
fixed by Proclamation
2
Broadcasting Services Act 1992
3
9 Subsection 6(1) (definition of anti-siphoning event)
4
Repeal the definition, substitute:
5
anti-siphoning event means:
6
(a) a Tier A anti-siphoning event; or
7
(b) a Tier B anti-siphoning event.
8
Note: For
Tier A anti-siphoning event and Tier B anti-siphoning event, see
9
section 145E.
10
10 Sections 115 to 115E
11
Repeal the sections.
12
11 Part 10A
13
Repeal the Part, substitute:
14
Part 10A--Anti-siphoning events
15
Division 1--Introduction
16
145 Simplified outline
17
The following is a simplified outline of this Part:
18
·
This Part deals with events (anti-siphoning events) that, in the
19
Minister's opinion, should be available free to the general
20
public.
21
·
An anti-siphoning event is an event declared by the Minister
22
to be a Tier A anti-siphoning event or a Tier B anti-siphoning
23
event.
24
·
Commercial television broadcasting licensees and national
25
broadcasters are subject to obligations in relation to the
26
televising of anti-siphoning events.
27
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
8 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
·
Commercial television broadcasting licensees and national
1
broadcasters are subject to restrictions in relation to the
2
televising of Tier A anti-siphoning events on multi-channels.
3
·
Subscription television broadcasting licensees are subject to
4
restrictions in relation to the acquisition of rights to televise
5
anti-siphoning events.
6
·
Restrictions are imposed in relation to the conferral on content
7
service providers (for example, the operator of an internet
8
streaming service) of the right to provide live coverage of
9
anti-siphoning events.
10
Note:
Subsection 6(1) provides that anti-siphoning event means:
11
(a) a Tier A anti-siphoning event; or
12
(b) a Tier B anti-siphoning event.
13
145A Definitions
14
In this Part:
15
AFL Premiership competition means:
16
(a)
either:
17
(i) the multi-round competition known in the community as
18
the Australian Football League Premiership or the AFL
19
Premiership (including, if there is a change in the name
20
by which that competition is known in the community,
21
the competition known in the community by the
22
changed name); or
23
(ii) a multi-round competition that is the successor (whether
24
immediate or otherwise) to the competition mentioned
25
in subparagraph (i); or
26
(b) a multi-round Australian football competition that:
27
(i) involves teams from 2 or more States; and
28
(ii) is prescribed for the purposes of this paragraph.
29
For the purposes of this definition, State includes the Australian
30
Capital Territory and the Northern Territory.
31
applicable group day, in relation to a designated group, has the
32
meaning given by section 145F.
33
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 9
associated set conditions, in relation to a Category B quota group,
1
has the meaning given by section 145G.
2
Category A quota group has the meaning given by section 145G.
3
Category B quota group has the meaning given by section 145G.
4
content service has the same meaning as in Schedule 7.
5
content service provider has the same meaning as in Schedule 7.
6
core/primary national television broadcasting service, in relation
7
to a national broadcaster, has the meaning given by section 145ZL.
8
coverage area has the same meaning as in Schedule 4.
9
daily minimum number of hours, in relation to a designated
10
group, has the meaning given by section 145F.
11
designated group has the meaning given by section 145F.
12
HDTV multi-channelled commercial television broadcasting
13
service has the same meaning as in Schedule 4.
14
HDTV multi-channelled national television broadcasting service
15
has the same meaning as in Schedule 4.
16
licence area means a licence area for a commercial television
17
broadcasting licence.
18
live (except when used in section 145ZO) has the meaning given
19
by section 145B.
20
multi-channelled commercial television broadcasting service
21
means:
22
(a) a SDTV multi-channelled commercial television
23
broadcasting service; or
24
(b) a HDTV multi-channelled commercial television
25
broadcasting service.
26
multi-channelled national television broadcasting service means:
27
(a) a SDTV multi-channelled national television broadcasting
28
service; or
29
(b) a HDTV multi-channelled national television broadcasting
30
service.
31
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
10 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
national television broadcasting service means a national
1
broadcasting service that provides television programs.
2
news program means:
3
(a) a news bulletin; or
4
(b) a sports news bulletin.
5
NRL Premiership competition means:
6
(a)
either:
7
(i) the multi-round competition known in the community as
8
the National Rugby League Premiership or the NRL
9
Premiership (including, if there is a change in the name
10
by which that competition is known in the community,
11
the competition known in the community by the
12
changed name); or
13
(ii) a multi-round competition that is the successor (whether
14
immediate or otherwise) to the competition mentioned
15
in subparagraph (i); or
16
(b) a multi-round rugby league competition that:
17
(i) involves teams from 2 or more States; and
18
(ii) is prescribed for the purposes of this paragraph.
19
For the purposes of this definition, State includes the Australian
20
Capital Territory and the Northern Territory.
21
primary commercial television broadcasting service, in relation to
22
a commercial television broadcasting licence, has the same
23
meaning as in Schedule 4.
24
primary national television broadcasting service, in relation to a
25
national broadcaster, has the same meaning as in Schedule 4.
26
primary satellite national television broadcasting service, in
27
relation to a national broadcaster, has the same meaning as in
28
Schedule 4.
29
program supplier:
30
(a) when used in Division 5--has the meaning given by
31
section 145ZP; or
32
(b) otherwise--has the meaning given by section 145C.
33
quota group means:
34
(a) a Category A quota group; or
35
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 11
(b) a Category B quota group.
1
quota number, in relation to a quota group, has the meaning given
2
by section 145G.
3
satellite delivery area has the same meaning as in Schedule 4.
4
scheme means:
5
(a) any agreement, arrangement, understanding, promise or
6
undertaking, whether express or implied and whether or not
7
enforceable, or intended to be enforceable, by legal
8
proceedings; or
9
(b) any scheme, plan, proposal, action, course of action or course
10
of conduct, whether there are 2 or more parties or only one
11
party involved.
12
SDTV multi-channelled commercial television broadcasting
13
service has the same meaning as in Schedule 4.
14
SDTV multi-channelled national television broadcasting service
15
has the same meaning as in Schedule 4.
16
simulcast-equivalent period has the same meaning as in
17
Schedule 4.
18
simulcast period has the same meaning as in Schedule 4.
19
supply, in relation to programs, includes confer rights to televise
20
the programs.
21
televise means:
22
(a) in relation to a commercial television broadcasting licensee--
23
televise on a commercial television broadcasting service
24
provided by the licensee; or
25
(b) in relation to a national broadcaster--televise on a national
26
television broadcasting service provided by the broadcaster.
27
Tier A anti-siphoning event has the meaning given by
28
section 145E.
29
Tier B anti-siphoning event has the meaning given by
30
section 145E.
31
total minimum number of hours, in relation to a designated group,
32
has the meaning given by section 145F.
33
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
12 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
145B Live
1
Tier A anti-siphoning events
2
(1) For the purposes of this Part, live, in relation to the televising of the
3
whole or a part of a Tier A anti-siphoning event, means:
4
(a) with no delay; or
5
(b) with as short a delay as is technically feasible.
6
Tier B anti-siphoning events in a designated group
7
(2) For the purposes of this Part, live, in relation to the televising of the
8
whole or a part of a Tier B anti-siphoning event that is in a
9
designated group, means:
10
(a) with no delay; or
11
(b) with a delayed starting time of not more than 24 hours.
12
Tier B anti-siphoning events not in a designated group
13
(3) For the purposes of this Part, live, in relation to the televising in a
14
licence area (the relevant licence area) or a coverage area (the
15
relevant coverage area) of the whole or a part of a Tier B
16
anti-siphoning event that is not in a designated group, means:
17
(a) in any case--with no delay; or
18
(b)
if:
19
(i) the event is not a match in an AFL Premiership
20
competition; and
21
(ii) the Minister, by legislative instrument, specifies a
22
number of hours, in relation to the televising of the
23
event, that is less than 4;
24
with a delayed starting time of not more than that number of
25
hours; or
26
(c)
if:
27
(i) paragraph (b) does not apply; and
28
(ii) the event is not a match in an AFL Premiership
29
competition; and
30
(iii) the Minister, by legislative instrument, specifies a
31
number of hours, in relation to the televising of the
32
event in one or more specified licence areas; and
33
(iv) the number is less than 4; and
34
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 13
(v) in the case of televising in the relevant licence area--the
1
licence areas specified in the instrument consist of or
2
include the relevant licence area; and
3
(vi) in the case of televising in the relevant coverage area--
4
the licence areas specified in the instrument consist of
5
or include the licence area that corresponds to the
6
relevant coverage area;
7
with a delayed starting time of not more than that number of
8
hours; or
9
(d) if neither paragraph (b) nor (c) applies--with a delayed
10
starting time of not more than 4 hours.
11
Section 145ZO
12
(4) This section does not apply in relation to section 145ZO.
13
145C Program suppliers
14
Licensees
15
(1) For the purposes of this Part (other than Division 5), a person is a
16
program supplier of:
17
(a) a commercial television broadcasting licensee; or
18
(b) a subscription television broadcasting licensee;
19
if the person has an arrangement, or proposes to enter into an
20
arrangement, to supply the licensee:
21
(c)
directly;
or
22
(d) indirectly (through one or more interposed entities);
23
with programs that can be televised by the licensee.
24
National broadcasters
25
(2) For the purposes of this Part, a person is a program supplier of a
26
national broadcaster if the person has an arrangement, or proposes
27
to enter into an arrangement, to supply the national broadcaster:
28
(a)
directly;
or
29
(b) indirectly (through one or more interposed entities);
30
with programs that can be televised by the national broadcaster.
31
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
14 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Exception--sporting organisations
1
(3) This section does not apply in relation to an arrangement, or a
2
proposal to enter into an arrangement, under which a person is to
3
supply a commercial television broadcasting licensee or a national
4
broadcaster with a program, if:
5
(a) the program consists of coverage of the whole or a part of a
6
sporting event; and
7
(b) the person is a body corporate that:
8
(i) has control of the sporting event; or
9
(ii) organises or administers the sporting event.
10
145D Exemptions from this Part
11
(1) A right to televise a part of an anti-siphoning event is exempt from
12
this Part so far as the right is a right to televise the part in a news
13
program.
14
(2) The Minister may, by legislative instrument, determine one or
15
more exemptions from this Part so far as this Part relates to a right
16
to televise a part of an anti-siphoning event.
17
(3) An exemption under subsection (2) may be:
18
(a)
unconditional;
or
19
(b) subject to such conditions (if any) as are specified in the
20
determination.
21
Division 2--Anti-siphoning events
22
145E Anti-siphoning events
23
Anti-siphoning events
24
(1) The Minister may, by legislative instrument, declare that a
25
specified event is a Tier A anti-siphoning event for the purposes of
26
this Act.
27
Note:
For specification by class, see subsection 13(3) of the Legislative
28
Instruments Act 2003.
29
(2) The Minister may, by legislative instrument, declare that a
30
specified event is a Tier B anti-siphoning event for the purposes of
31
this Act.
32
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 15
Note:
For specification by class, see subsection 13(3) of the Legislative
1
Instruments Act 2003.
2
(3) The Minister must not declare an event under subsection (1) or (2)
3
unless, in the opinion of the Minister, the event should be available
4
free to the general public.
5
When an event ceases to be an anti-siphoning event
6
(4) For the purposes of this Act, an event declared under subsection (1)
7
or (2) ceases to be an anti-siphoning event 24 hours after the end of
8
the event unless, before that time, the Minister, by legislative
9
instrument, declares that the event continues to be an
10
anti-siphoning event.
11
(5) Subsection (4) has effect subject to subsection (6).
12
(6) For the purposes of sections 145ZN and 145ZO, an event declared
13
under this section ceases to be an anti-siphoning event:
14
(a) if the event is in a designated group--4,368 hours before the
15
start of the first anti-siphoning event in the group; or
16
(b) if the event is a match in an AFL Premiership competition
17
(but is not in a designated group):
18
(i) 4,368 hours before the start of the first event in the AFL
19
Premiership competition; or
20
(ii) if the Minister, by legislative instrument, specifies
21
another number of hours (not exceeding 8,736) in
22
relation to the AFL Premiership competition--that
23
number of hours before the start of the first event in the
24
AFL Premiership competition; or
25
(c) if the event is a match in an NRL Premiership competition
26
(but is not in a designated group):
27
(i) 4,368 hours before the start of the first event in the NRL
28
Premiership competition; or
29
(ii) if the Minister, by legislative instrument, specifies
30
another number of hours (not exceeding 8,736) in
31
relation to the NRL Premiership competition--that
32
number of hours before the start of the first event in the
33
NRL Premiership competition; or
34
(d)
if:
35
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
16 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(i) the event is part of a multi-round competition (other
1
than an AFL Premiership competition or an NRL
2
Premiership competition); and
3
(ii) the event is not in a designated group; and
4
(iii) the Minister, by legislative instrument, specifies a
5
number of hours in relation to the multi-round
6
competition;
7
that number of hours before the start of the first event in the
8
multi-round competition; or
9
(e) otherwise--4,368 hours before the start of the event;
10
unless:
11
(f) the Minister is satisfied that at least one commercial
12
television broadcasting licensee or national broadcaster has
13
not had a reasonable opportunity to acquire the right to
14
televise the event; and
15
(g) before the time applicable under paragraph (a), (b), (c), (d) or
16
(e), as the case may be, in relation to the event, the Minister,
17
by legislative instrument, declares that the event continues to
18
be an anti-siphoning event.
19
Note 1:
Section 145ZN deals with acquisition of rights by subscription
20
television broadcasting licensees.
21
Note 2:
Section 145ZO deals with conferral of rights on content service
22
providers.
23
Note 3:
For designated group, see section 145F.
24
Variation and revocation
25
(7) Subsections (4) and (6) of this section do not, by implication, limit
26
the application of subsection 33(3) of the Acts Interpretation Act
27
1901 to declarations under subsection (1) or (2) of this section.
28
Territorial application
29
(8) For the purposes of this section, it is immaterial whether an event
30
occurs inside or outside Australia.
31
145F Designated groups etc.
32
(1) The Minister may, by legislative instrument, determine that:
33
(a) specified Tier B anti-siphoning events are a designated
34
group for the purposes of this Act; and
35
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(b) a specified number of hours is the total minimum number of
1
hours for the designated group.
2
Note 1:
For specification by class, see subsection 13(3) of the Legislative
3
Instruments Act 2003.
4
Note 2:
For variation and revocation, see subsection 33(3) of the Acts
5
Interpretation Act 1901.
6
(2) The Minister may, by legislative instrument, determine that:
7
(a) specified Tier B anti-siphoning events are a designated
8
group for the purposes of this Act; and
9
(b) a specified number of hours is the daily minimum number of
10
hours for the designated group; and
11
(c) each 24-hour period specified in the determination is an
12
applicable group day for the designated group.
13
Note 1:
For specification by class, see subsection 13(3) of the Legislative
14
Instruments Act 2003.
15
Note 2:
For variation and revocation, see subsection 33(3) of the Acts
16
Interpretation Act 1901.
17
(3) The Minister must not determine that a 24-hour period is an
18
applicable group day for a designated group unless at least one
19
event in the designated group is scheduled to occur during that
20
period.
21
(4) An anti-siphoning event must not be in a designated group if the
22
anti-siphoning event is in a quota group.
23
Note:
Section 145A provides that quota group means:
24
(a) a Category A quota group; or
25
(b) a Category B quota group.
26
(5)
If:
27
(a) a determination is in force under subsection (1) in relation to
28
a particular designated group; and
29
(b) none of the events in the designated group have occurred;
30
the Minister may, by legislative instrument, determine that:
31
(c) a specified number of hours is the daily minimum number of
32
hours for the designated group; and
33
(d) each 24-hour period specified in the determination is an
34
applicable group day for the designated group.
35
Note 1:
For specification by class, see subsection 13(3) of the Legislative
36
Instruments Act 2003.
37
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Note 2:
For variation and revocation, see subsection 33(3) of the Acts
1
Interpretation Act 1901.
2
145G Quota groups etc.
3
Category A quota groups
4
(1) The Minister may, by legislative instrument, determine that:
5
(a) specified Tier B anti-siphoning events are a Category A
6
quota group for the purposes of this Act; and
7
(b) a number specified in, or ascertained in accordance with, the
8
determination is the quota number for the Category A quota
9
group.
10
Note 1:
For specification by class, see subsection 13(3) of the Legislative
11
Instruments Act 2003.
12
Note 2:
For variation and revocation, see subsection 33(3) of the Acts
13
Interpretation Act 1901.
14
Category B quota groups
15
(2) The Minister may, by legislative instrument, determine that:
16
(a) specified Tier B anti-siphoning events are a Category B
17
quota group for the purposes of this Act; and
18
(b) a number specified in, or ascertained in accordance with, the
19
determination is the quota number for the Category B quota
20
group; and
21
(c) one or more specified conditions are associated set
22
conditions for the Category B quota group;
23
in relation to one of the following:
24
(d) one or more specified licence areas;
25
(e)
each
licence
area.
26
Note 1:
For specification by class, see subsection 13(3) of the Legislative
27
Instruments Act 2003.
28
Note 2:
For variation and revocation, see subsection 33(3) of the Acts
29
Interpretation Act 1901.
30
(3) Without limiting paragraph (2)(c), an associated set condition may
31
relate to one or more attributes of:
32
(a) a single anti-siphoning event; or
33
(b) a number of anti-siphoning events that is less than the quota
34
number.
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(4) Without limiting paragraph (2)(c), an associated set condition may
1
be a contingent condition.
2
(5) For the purposes of sections 145ZN and 145ZO, if, at a particular
3
time:
4
(a) an associated set condition is a contingent condition; and
5
(b) the relevant contingency has not happened; and
6
(c) the relevant contingency cannot happen after that time;
7
disregard the associated set condition at that time.
8
Application
9
(6) For the purposes of section 145ZN, a determination under
10
subsection (1) or (2) does not apply in relation to a right to televise
11
the whole or a part of an anti-siphoning event if the right is
12
acquired by:
13
(a) a commercial television broadcasting licensee; or
14
(b) a national broadcaster; or
15
(c) a subscription television broadcasting licensee;
16
before the day on which the determination is registered under the
17
Legislative Instruments Act 2003.
18
(7) For the purposes of section 145ZO, a determination under
19
subsection (1) or (2) does not apply in relation to a right to provide
20
audiovisual content:
21
(a) on a content service; and
22
(b) that consists of coverage of the whole or a part of an
23
anti-siphoning event;
24
if the right is acquired by the content service provider before the
25
day on which the determination is registered under the Legislative
26
Instruments Act 2003.
27
AFL Premiership and NRL Premiership
28
(8) An anti-siphoning event must not be in a quota group unless the
29
event is a match in:
30
(a) an AFL Premiership competition; or
31
(b) an NRL Premiership competition.
32
(9) If an event is:
33
(a) a Tier B anti-siphoning event; and
34
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(b) a match in an AFL Premiership competition (other than a
1
match in the set of matches known in the community as the
2
finals series of the AFL Premiership competition);
3
the Minister must take all reasonable steps to ensure that the event
4
is in a quota group.
5
(10) The Minister must take all reasonable steps to ensure that, on and
6
after 1 January 2013, an event that is:
7
(a) a Tier B anti-siphoning event; and
8
(b) a match in an NRL Premiership competition (other than a
9
match in the set of matches known in the community as the
10
finals series of the NRL Premiership competition);
11
is in a quota group.
12
General
13
(11)
The
quota number for a quota group must be:
14
(a) less than the total number of anti-siphoning events in the
15
quota group; and
16
(b) if the events in the quota group are matches in an AFL
17
Premiership competition--not greater than 4; and
18
(c) if the events in the quota group are matches in an NRL
19
Premiership competition--not greater than 3.
20
(12) An anti-siphoning event must not be in a quota group if the
21
anti-siphoning event is in a designated group.
22
Note: For
designated group, see section 145F.
23
Division 3--Televising of anti-siphoning events
24
Subdivision A--Commercial television broadcasting licensees
25
145H Obligations of licensees
26
Obligation to televise anti-siphoning events
27
(1)
If:
28
(a) a commercial television broadcasting licensee (the first
29
licensee) has a right to televise live, in the licence area for the
30
licence, the whole or a part (which whole or part is in this
31
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section called the relevant portion) of an anti-siphoning
1
event; and
2
(b) the first licensee acquired the right when the event was an
3
anti-siphoning event;
4
then:
5
(c) if the event is a Tier A anti-siphoning event--the first
6
licensee must televise live, in that area, the relevant portion
7
of the event; and
8
(d) if the event is a Tier B anti-siphoning event that is in a
9
designated group--the first licensee must:
10
(i) if there is a total minimum number of hours for the
11
designated group--televise live, in that area, the whole
12
or a part of some or all of the anti-siphoning events in
13
that group for a number of hours that is not less than the
14
total minimum number of hours for the group; and
15
(ii) if there is a daily minimum number of hours for the
16
designated group--televise live, in that area, on the
17
applicable group days for the group, the whole or a part
18
of some or all of the anti-siphoning events in that group
19
for a number of hours per applicable group day that is
20
not less than the daily minimum number of hours for the
21
group; and
22
(e) if the event is a Tier B anti-siphoning event that is not in a
23
designated group--the first licensee must televise live, in that
24
area, the relevant portion of the event.
25
Note 1:
For compliance by licensees, see clause 7 of Schedule 2.
26
Note 2:
For total minimum number of hours, see section 145F.
27
Note 3:
For daily minimum number of hours, see section 145F.
28
Note 4:
For applicable group day, see section 145F.
29
(2) For the purposes of paragraphs (1)(c) and (e), the first licensee is
30
taken to have televised live the relevant portion of an event if the
31
first licensee televises live all but an insubstantial proportion of the
32
relevant portion of the event.
33
Note:
For example, interruptions by way of commercial breaks, news
34
breaks, program promotions, announcements or brief crosses to other
35
live events would amount to an insubstantial proportion of the event
36
being televised.
37
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Exception--offers to transfer rights
1
(3) Subsection (1) does not apply if:
2
(a) the first licensee, or the first licensee's program supplier,
3
offered to transfer to each other commercial television
4
broadcasting licensee and each national broadcaster, in
5
accordance with sections 145K and 145L, the right to televise
6
live in the licence area or the corresponding coverage area, as
7
the case may be, the relevant portion of the event; and
8
(b) if none of those offers was accepted in accordance with
9
section 145L--the first licensee, or the first licensee's
10
program supplier, offered to transfer to each subscription
11
television broadcasting licensee, in accordance with
12
sections 145K and 145M, the right to televise live in the first
13
licensee's licence area the relevant portion of the event.
14
(4) For the purposes of paragraph (3)(a), if the first licensee, or the
15
first licensee's program supplier (the first supplier), makes an offer
16
in accordance with sections 145K and 145L to the program
17
supplier of another commercial television broadcasting licensee
18
(the second licensee), the first licensee or the first supplier, as the
19
case may be, is taken to have made the offer in accordance with
20
sections 145K and 145L to the second licensee.
21
(5) For the purposes of paragraph (3)(a), if the first licensee, or the
22
first licensee's program supplier (the first supplier), makes an offer
23
in accordance with sections 145K and 145L to the program
24
supplier of a national broadcaster, the first licensee or the first
25
supplier, as the case may be, is taken to have made the offer in
26
accordance with sections 145K and 145L to the national
27
broadcaster.
28
(6) For the purposes of paragraph (3)(b), if the first licensee, or the
29
first licensee's program supplier (the first supplier), makes an offer
30
in accordance with sections 145K and 145M to the program
31
supplier of a subscription television broadcasting licensee, the first
32
licensee or the first supplier, as the case may be, is taken to have
33
made the offer in accordance with sections 145K and 145M to the
34
subscription television broadcasting licensee.
35
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Exemptions
1
(7) The ACMA may, by legislative instrument, determine one or more
2
exemptions from subsection (1).
3
(8) An exemption may be:
4
(a)
unconditional;
or
5
(b) subject to such conditions (if any) as are specified in the
6
determination.
7
(9) The ACMA may, by legislative instrument, determine that if there
8
is a specified interruption to the televising of the whole or a part of
9
an anti-siphoning event by a commercial television broadcasting
10
licensee, the licensee is taken, for the purposes of paragraphs (1)(c)
11
and (e), to have televised live the whole or the part, as the case may
12
be, of the event.
13
Note:
For specification by class, see subsection 13(3) of the Legislative
14
Instruments Act 2003.
15
(10) In making a determination under subsection (7) or (9), the ACMA
16
must have regard to the following:
17
(a) the principle that, except in special circumstances,
18
anti-siphoning events should be available to the public as a
19
result of subsection (1);
20
(b) the principle that the public should be informed about
21
significant news events;
22
(c) the principle that the public should be alerted to emergencies
23
or likely emergencies;
24
(d) the principle that allowances should be made for significant
25
difficulties of a technical or engineering nature that:
26
(i) are experienced by a commercial television
27
broadcasting licensee; and
28
(ii) could not reasonably have been foreseen by the
29
licensee;
30
(e) the principle that allowances should be made for significant
31
difficulties of a technical or engineering nature that:
32
(i) are experienced by a person who provides transmission
33
services to a commercial television broadcasting
34
licensee; and
35
(ii) could not reasonably have been foreseen by the person;
36
(f) such other matters (if any) as the ACMA considers relevant.
37
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24 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
145J Obligations of program suppliers
1
Obligation to confer rights to anti-siphoning events
2
(1)
If:
3
(a) a program supplier (the first supplier) of a commercial
4
television broadcasting licensee (the first licensee) is entitled
5
to confer on the first licensee a right to televise live, in the
6
licence area for the licence, the whole or a part (which whole
7
or part is in this section called the relevant portion) of an
8
anti-siphoning event; and
9
(b) the first supplier acquired the entitlement when the event was
10
an anti-siphoning event;
11
the first supplier must confer on the first licensee, or on another
12
commercial television broadcasting licensee whose licence area is
13
the same as that of the first licensee, the right to televise live, in
14
that area, the relevant portion of the event.
15
Civil penalty provision
16
(2) Subsection (1) is a civil penalty provision.
17
Exception--offers to transfer rights
18
(3) Subsection (1) does not apply if:
19
(a) the first supplier offered to transfer to each commercial
20
television broadcasting licensee and each national
21
broadcaster, in accordance with sections 145K and 145L, the
22
right to televise live in the licence area or the corresponding
23
coverage area, as the case may be, the relevant portion of the
24
event; and
25
(b) if none of those offers was accepted in accordance with
26
section 145L--the first supplier offered to transfer to each
27
subscription television broadcasting licensee, in accordance
28
with sections 145K and 145M, the right to televise live in the
29
first licensee's licence area the relevant portion of the event.
30
(4) For the purposes of paragraph (3)(a), if the first supplier makes an
31
offer in accordance with sections 145K and 145L to the program
32
supplier of another commercial television broadcasting licensee
33
(the second licensee), the first supplier is taken to have made the
34
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offer in accordance with sections 145K and 145L to the second
1
licensee.
2
(5) For the purposes of paragraph (3)(a), if the first supplier makes an
3
offer in accordance with sections 145K and 145L to the program
4
supplier of a national broadcaster, the first supplier is taken to have
5
made the offer in accordance with sections 145K and 145L to the
6
national broadcaster.
7
(6) For the purposes of paragraph (3)(b), if the first supplier makes an
8
offer in accordance with sections 145K and 145M to the program
9
supplier of a subscription television broadcasting licensee, the first
10
supplier is taken to have made the offer in accordance with
11
sections 145K and 145M to the subscription television
12
broadcasting licensee.
13
Acquisition of property
14
(7) This section has no effect to the extent (if any) to which it purports
15
to authorise the acquisition of property if that acquisition:
16
(a) is otherwise than on just terms; and
17
(b) would be invalid because of paragraph 51(xxxi) of the
18
Constitution.
19
(8) In this section:
20
acquisition of property has the same meaning as in paragraph
21
51(xxxi) of the Constitution.
22
just terms has the same meaning as in paragraph 51(xxxi) of the
23
Constitution.
24
145K What constitutes an offer to transfer rights to televise live
25
events
26
(1) For the purposes of this Subdivision, a person (the offeror) who is:
27
(a) a commercial television broadcasting licensee; or
28
(b) a program supplier of a commercial television broadcasting
29
licensee;
30
is taken to offer to transfer the right to televise live the whole or a
31
part (which whole or part is in this section called the relevant
32
portion) of a particular anti-siphoning event to another person (the
33
offeree) who is:
34
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26 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(c) a commercial television broadcasting licensee; or
1
(d) a national broadcaster; or
2
(e) a subscription television broadcasting licensee; or
3
(f) a program supplier of a commercial television broadcasting
4
licensee; or
5
(g) a program supplier of a national broadcaster; or
6
(h) a program supplier of a subscription television broadcasting
7
licensee;
8
if, and only if, the offeror offers to make an arrangement (whatever
9
its terms or form) which in substance gives the offeree:
10
(i) if the offeree is a program supplier of a commercial
11
television broadcasting licensee--an entitlement to confer on
12
a commercial television broadcasting licensee the right to
13
televise live the relevant portion of the event; or
14
(j) if the offeree is a program supplier of a national
15
broadcaster--an entitlement to confer on a national
16
broadcaster the right to televise live the relevant portion of
17
the event; or
18
(k) if the offeree is a program supplier of a subscription
19
television broadcasting licensee--an entitlement to confer on
20
a subscription television broadcasting licensee the right to
21
televise live the relevant portion of the event; or
22
(l) otherwise--the right to televise live the relevant portion of
23
the event.
24
(2) In determining whether an arrangement is covered by
25
subsection (1), regard must be had to the practical effect of the
26
arrangement.
27
145L Offers to transfer rights to televise live events--commercial
28
television broadcasting licensees and national
29
broadcasters etc.
30
Scope
31
(1) This section applies to an offer by a person (the offeror) who is:
32
(a) a commercial television broadcasting licensee; or
33
(b) a program supplier of a commercial television broadcasting
34
licensee;
35
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to transfer the right to televise live the whole or a part of a
1
particular anti-siphoning event to another person (the offeree) who
2
is:
3
(c) a commercial television broadcasting licensee; or
4
(d) a national broadcaster; or
5
(e) a program supplier of a commercial television broadcasting
6
licensee; or
7
(f) a program supplier of a national broadcaster.
8
Offer
9
(2) The offer must be in writing.
10
(3) The offer must be given to the offeree at or about the same time as
11
corresponding offers are made to persons other than the offeree.
12
(4) The offer must be made not less than 2,880 hours before the start
13
of the event.
14
(5) The offer must be open for acceptance by the offeree throughout
15
the period:
16
(a) beginning when the offer is given to the offeree; and
17
(b) ending 2,544 hours before the start of the event.
18
Consideration
19
(6) The offer must require that the consideration to be given by the
20
offeree is to consist of a promise to pay $1, if and when demanded
21
by the offeror.
22
Acceptance
23
(7) The offeree is not entitled to accept the offer if a corresponding
24
offer has already been accepted by another person, unless that
25
other person consents in writing.
26
(8)
If:
27
(a) the offer is accepted by the offeree; and
28
(b) a corresponding offer is simultaneously accepted by another
29
person;
30
then:
31
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28 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(c) the offeror may elect to treat one of those acceptances as
1
having preceded the other of those acceptances; and
2
(d) if such an election is made--the other of those acceptances
3
has no effect unless the person who gave the preceding
4
acceptance consents in writing.
5
145M Offers to transfer rights to televise live events--subscription
6
television broadcasting licensees etc.
7
Scope
8
(1) This section applies to an offer by a person (the offeror) who is:
9
(a) a commercial television broadcasting licensee; or
10
(b) a program supplier of a commercial television broadcasting
11
licensee;
12
to transfer the right to televise live the whole or a part of a
13
particular anti-siphoning event to another person (the offeree) who
14
is:
15
(c) a subscription television broadcasting licensee; or
16
(d) a program supplier of a subscription television broadcasting
17
licensee.
18
Offer
19
(2) The offer must be in writing.
20
(3) The offer must be given to the offeree at or about the same time as
21
corresponding offers are made to persons other than the offeree.
22
(4) The offer must be made not less than 2,160 hours before the start
23
of the event.
24
(5) The offer must be open for acceptance by the offeree throughout
25
the period:
26
(a) beginning when the offer is given to the offeree; and
27
(b) ending immediately before the start of the event.
28
Consideration
29
(6) The offer must require that the consideration to be given by the
30
offeree is to consist of a promise to pay $1, if and when demanded
31
by the offeror.
32
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Acceptance
1
(7) The offeree is not entitled to accept the offer if a corresponding
2
offer has already been accepted by another person, unless that
3
other person consents in writing.
4
(8)
If:
5
(a) the offer is accepted by the offeree; and
6
(b) a corresponding offer is simultaneously accepted by another
7
person;
8
then:
9
(c) the offeror may elect to treat one of those acceptances as
10
having preceded the other of those acceptances; and
11
(d) if such an election is made--the other of those acceptances
12
has no effect unless the person who gave the preceding
13
acceptance consents in writing.
14
Subdivision B--National broadcasters
15
145N Obligations of national broadcasters
16
Obligation to televise anti-siphoning events
17
(1)
If:
18
(a) a national broadcaster (the first broadcaster) has a right to
19
televise live, in a coverage area, the whole or a part (which
20
whole or part is in this section called the relevant portion) of
21
an anti-siphoning event; and
22
(b) the first broadcaster acquired the right when the event was an
23
anti-siphoning event;
24
then:
25
(c) if the event is a Tier A anti-siphoning event--the first
26
broadcaster must televise live, in the coverage area, the
27
relevant portion of the event; and
28
(d) if the event is a Tier B anti-siphoning event that is in a
29
designated group--the first broadcaster must:
30
(i) if there is a total minimum number of hours for the
31
designated group--televise live, in the coverage area,
32
the whole or a part of some or all of the anti-siphoning
33
events in that group for a number of hours that is not
34
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30 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
less than the total minimum number of hours for the
1
group; and
2
(ii) if there is a daily minimum number of hours for the
3
designated group--televise live, in the coverage area, on
4
the applicable group days for the group, the whole or a
5
part of some or all of the anti-siphoning events in that
6
group for a number of hours per applicable group day
7
that is not less than the daily minimum number of hours
8
for the group; and
9
(e) if the event is a Tier B anti-siphoning event that is not in a
10
designated group--the first broadcaster must televise live, in
11
the coverage area, the relevant portion of the event.
12
Note 1:
For total minimum number of hours, see section 145F.
13
Note 2:
For daily minimum number of hours, see section 145F.
14
Note 3:
For applicable group day, see section 145F.
15
(2) For the purposes of paragraphs (1)(c) and (e), a national
16
broadcaster is taken to have televised live the relevant portion of an
17
event if the national broadcaster televises live all but an
18
insubstantial proportion of the relevant portion of the event.
19
Note 1:
For example, in the case of the ABC, interruptions by way of news
20
breaks, program promotions, announcements or brief crosses to other
21
live events would amount to an insubstantial proportion of the event or
22
group being televised.
23
Note 2:
For example, in the case of the SBS, interruptions by way of
24
commercial breaks, news breaks, program promotions,
25
announcements or brief crosses to other live events would amount to
26
an insubstantial proportion of the event or group being televised.
27
Exception--offers to transfer rights
28
(3) Subsection (1) does not apply if:
29
(a) the first broadcaster offered to transfer to the other national
30
broadcaster and each commercial television broadcasting
31
licensee, in accordance with sections 145Q and 145R, the
32
right to televise live in the coverage area the relevant portion
33
of the event; and
34
(b) if none of those offers was accepted in accordance with
35
section 145R--the first broadcaster offered to transfer to
36
each subscription television broadcasting licensee, in
37
accordance with sections 145Q and 145S, the right to televise
38
live in the coverage area the relevant portion of the event.
39
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(4) For the purposes of paragraph (3)(a), if the first broadcaster makes
1
an offer in accordance with sections 145Q and 145R to the
2
program supplier of a commercial television broadcasting licensee,
3
the first broadcaster is taken to have made the offer in accordance
4
with sections 145Q and 145R to the licensee.
5
(5) For the purposes of paragraph (3)(a), if the first broadcaster makes
6
an offer in accordance with sections 145Q and 145R to the
7
program supplier of the other national broadcaster, the first
8
broadcaster is taken to have made the offer in accordance with
9
sections 145Q and 145R to the other national broadcaster.
10
(6) For the purposes of paragraph (3)(b), if the first broadcaster makes
11
an offer in accordance with sections 145Q and 145S to the program
12
supplier of a subscription television broadcasting licensee, the first
13
broadcaster is taken to have made the offer in accordance with
14
sections 145Q and 145S to the licensee.
15
Exemptions
16
(7) The ACMA may, by legislative instrument, determine one or more
17
exemptions from subsection (1).
18
(8) An exemption may be:
19
(a)
unconditional;
or
20
(b) subject to such conditions (if any) as are specified in the
21
determination.
22
(9) The ACMA may, by legislative instrument, determine that if there
23
is a specified interruption to the televising of the whole or a part of
24
an anti-siphoning event by a national broadcaster, the national
25
broadcaster is taken, for the purposes of paragraphs (1)(c) and (e),
26
to have televised live the whole or the part, as the case may be, of
27
the event.
28
Note:
For specification by class, see subsection 13(3) of the Legislative
29
Instruments Act 2003.
30
(10) In making a determination under subsection (7) or (9), the ACMA
31
must have regard to the following:
32
(a) the principle that, except in special circumstances,
33
anti-siphoning events should be available to the public as a
34
result of subsection (1);
35
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32 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(b) the principle that the public should be informed about
1
significant news events;
2
(c) the principle that the public should be alerted to emergencies
3
or likely emergencies;
4
(d) the principle that allowances should be made for significant
5
difficulties of a technical or engineering nature that:
6
(i) are experienced by a national broadcaster; and
7
(ii) could not reasonably have been foreseen by the national
8
broadcaster;
9
(e) the principle that allowances should be made for significant
10
difficulties of a technical or engineering nature that:
11
(i) are experienced by a person who provides transmission
12
services to a national broadcaster; and
13
(ii) could not reasonably have been foreseen by the person;
14
(f) such other matters (if any) as the ACMA considers relevant.
15
145P Obligations of program suppliers
16
Obligation to confer rights to anti-siphoning events
17
(1)
If:
18
(a) a program supplier (the first supplier) of a national
19
broadcaster (the first broadcaster) is entitled to confer on the
20
first broadcaster a right to televise live, in a coverage area,
21
the whole or a part (which whole or part is in this section
22
called the relevant portion) of an anti-siphoning event; and
23
(b) the first supplier acquired the entitlement when the event was
24
an anti-siphoning event;
25
the first supplier must confer on the first broadcaster, or on the
26
other national broadcaster, the right to televise live, in that area, the
27
relevant portion of the event.
28
Civil penalty provision
29
(2) Subsection (1) is a civil penalty provision.
30
Exception--offers to transfer rights
31
(3) Subsection (1) does not apply if:
32
(a) the first supplier offered to transfer to each commercial
33
television broadcasting licensee and the other national
34
Amendments Schedule 1
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 33
broadcaster, in accordance with sections 145Q and 145R, the
1
right to televise live in the corresponding licence area or the
2
coverage area, as the case may be, the relevant portion of the
3
event; and
4
(b) if none of those offers was accepted in accordance with
5
section 145R--the first supplier offered to transfer to each
6
subscription television broadcasting licensee, in accordance
7
with sections 145Q and 145S, the right to televise live in the
8
coverage area the relevant portion of the event.
9
(4) For the purposes of paragraph (3)(a), if the first supplier makes an
10
offer in accordance with sections 145Q and 145R to the program
11
supplier of a commercial television broadcasting licensee (the
12
second licensee), the first supplier is taken to have made the offer
13
in accordance with sections 145Q and 145R to the commercial
14
television broadcasting licensee.
15
(5) For the purposes of paragraph (3)(a), if the first supplier makes an
16
offer in accordance with sections 145Q and 145R to the program
17
supplier of the other national broadcaster, the first supplier is taken
18
to have made the offer in accordance with sections 145Q and 145R
19
to the other national broadcaster.
20
(6) For the purposes of paragraph (3)(b), if the first supplier makes an
21
offer in accordance with sections 145Q and 145S to the program
22
supplier of a subscription television broadcasting licensee, the first
23
supplier is taken to have made the offer in accordance with
24
sections 145Q and 145S to the subscription television broadcasting
25
licensee.
26
Acquisition of property
27
(7) This section has no effect to the extent (if any) to which it purports
28
to authorise the acquisition of property if that acquisition:
29
(a) is otherwise than on just terms; and
30
(b) would be invalid because of paragraph 51(xxxi) of the
31
Constitution.
32
(8) In this section:
33
acquisition of property has the same meaning as in paragraph
34
51(xxxi) of the Constitution.
35
Schedule 1 Amendments
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34 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
just terms has the same meaning as in paragraph 51(xxxi) of the
1
Constitution.
2
145Q What constitutes an offer to transfer rights to televise live
3
events
4
(1) For the purposes of this Subdivision, a person (the offeror) who is:
5
(a) a national broadcaster; or
6
(b) a program supplier of a national broadcaster;
7
is taken to offer to transfer the right to televise live the whole or a
8
part (which whole or part is in this section called the relevant
9
portion) of a particular anti-siphoning event to another person (the
10
offeree) who is:
11
(c) a commercial television broadcasting licensee; or
12
(d) the other national broadcaster; or
13
(e) a subscription television broadcasting licensee; or
14
(f) a program supplier of a commercial television broadcasting
15
licensee; or
16
(g) a program supplier of the other national broadcaster; or
17
(h) a program supplier of a subscription television broadcasting
18
licensee;
19
if, and only if, the offeror offers to make an arrangement (whatever
20
its terms or form) which in substance gives the offeree:
21
(i) if the offeree is a program supplier of a commercial
22
television broadcasting licensee--an entitlement to confer on
23
a commercial television broadcasting licensee the right to
24
televise live the relevant portion of the event; or
25
(j) if the offeree is a program supplier of the other national
26
broadcaster--an entitlement to confer on the other national
27
broadcaster the right to televise live the relevant portion of
28
the event; or
29
(k) if the offeree is a program supplier of a subscription
30
television broadcasting licensee--an entitlement to confer on
31
a subscription television broadcasting licensee the right to
32
televise live the relevant portion of the event; or
33
(l) otherwise--the right to televise live the relevant portion of
34
the event.
35
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(2) In determining whether an arrangement is covered by
1
subsection (1), regard must be had to the practical effect of the
2
arrangement.
3
145R Offers to transfer rights to televise live events--commercial
4
television broadcasting licensees and national
5
broadcasters etc.
6
Scope
7
(1) This section applies to an offer by a person (the offeror) who is:
8
(a) a national broadcaster; or
9
(b) a program supplier of a national broadcaster;
10
to transfer the right to televise live the whole or a part of a
11
particular anti-siphoning event to another person (the offeree) who
12
is:
13
(c) the other national broadcaster; or
14
(d) a commercial television broadcasting licensee; or
15
(e) a program supplier of the other national broadcaster; or
16
(f) a program supplier of a commercial television broadcasting
17
licensee.
18
Offer
19
(2) The offer must be in writing.
20
(3) The offer must be given to the offeree at or about the same time as
21
corresponding offers are made to persons other than the offeree.
22
(4) The offer must be made not less than 2,880 hours before the start
23
of the event.
24
(5) The offer must be open for acceptance by the offeree throughout
25
the period:
26
(a) beginning when the offer is given to the offeree; and
27
(b) ending 2,544 hours before the start of the event.
28
Consideration
29
(6) The offer must require that the consideration to be given by the
30
offeree is to consist of a promise to pay $1, if and when demanded
31
by the offeror.
32
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36 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Acceptance
1
(7) The offeree is not entitled to accept the offer if a corresponding
2
offer has already been accepted by another person, unless that
3
other person consents in writing.
4
(8)
If:
5
(a) the offer is accepted by the offeree; and
6
(b) a corresponding offer is simultaneously accepted by another
7
person;
8
then:
9
(c) the offeror may elect to treat one of those acceptances as
10
having preceded the other of those acceptances; and
11
(d) if such an election is made--the other of those acceptances
12
has no effect unless the person who gave the preceding
13
acceptance consents in writing.
14
145S Offers to transfer rights to televise live events--subscription
15
television broadcasting licensees etc.
16
Scope
17
(1) This section applies to an offer by a person (the offeror) who is:
18
(a) a national broadcaster; or
19
(b) a program supplier of a national broadcaster;
20
to transfer the right to televise live the whole or a part of a
21
particular anti-siphoning event to another person (the offeree) who
22
is:
23
(c) a subscription television broadcasting licensee; or
24
(d) a program supplier of a subscription television broadcasting
25
licensee.
26
Offer
27
(2) The offer must be in writing.
28
(3) The offer must be given to the offeree at or about the same time as
29
corresponding offers are made to persons other than the offeree.
30
(4) The offer must be made not less than 2,160 hours before the start
31
of the event.
32
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 37
(5) The offer must be open for acceptance by the offeree throughout
1
the period:
2
(a) beginning when the offer is given to the offeree; and
3
(b) ending immediately before the start of the event.
4
Consideration
5
(6) The offer must require that the consideration to be given by the
6
offeree is to consist of a promise to pay $1, if and when demanded
7
by the offeror.
8
Acceptance
9
(7) The offeree is not entitled to accept the offer if a corresponding
10
offer has already been accepted by another person, unless that
11
other person consents in writing.
12
(8)
If:
13
(a) the offer is accepted by the offeree; and
14
(b) a corresponding offer is simultaneously accepted by another
15
person;
16
then:
17
(c) the offeror may elect to treat one of those acceptances as
18
having preceded the other of those acceptances; and
19
(d) if such an election is made--the other of those acceptances
20
has no effect unless the person who gave the preceding
21
acceptance consents in writing.
22
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38 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Division 4--Restrictions on televising anti-siphoning events
1
on multi-channels
2
Subdivision A--Commercial television broadcasting services
3
145T SDTV multi-channelled commercial television broadcasting
4
service--restrictions on televising Tier A anti-siphoning
5
events during the simulcast period if there is a core
6
service etc.
7
Scope
8
(1) This section applies to a commercial television broadcasting
9
licensee if:
10
(a) there is a simulcast period, or a simulcast-equivalent period,
11
for the licence area of the licence; and
12
(b) during that period, the licensee provides a core commercial
13
television broadcasting service in the licence area.
14
Televising the whole of a Tier A anti-siphoning event
15
(2) During that period, the licensee must not televise on a SDTV
16
multi-channelled commercial television broadcasting service in the
17
licence area the whole of a Tier A anti-siphoning event unless:
18
(a) the licensee has previously televised in the licence area the
19
whole of the event on the core commercial television
20
broadcasting service; or
21
(b) the licensee will televise simultaneously in the licence area
22
the whole of the event on both:
23
(i) the core commercial television broadcasting service;
24
and
25
(ii) the SDTV multi-channelled commercial television
26
broadcasting service.
27
Note: For
Tier A anti-siphoning event, see section 145E.
28
Televising a part of a Tier A anti-siphoning event
29
(3) During that period, the licensee must not televise on a SDTV
30
multi-channelled commercial television broadcasting service in the
31
licence area a part of a Tier A anti-siphoning event unless:
32
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(a) the licensee has previously televised in the licence area the
1
part of the event on the core commercial television
2
broadcasting service; or
3
(b) the licensee will televise simultaneously in the licence area
4
the part of the event on both:
5
(i) the core commercial television broadcasting service;
6
and
7
(ii) the SDTV multi-channelled commercial television
8
broadcasting service; or
9
(c) the licensee televises the part of the event in a news program
10
broadcast on the SDTV multi-channelled commercial
11
television broadcasting service.
12
Licences allocated under section 38C
13
(4) This section does not apply in relation to a licence allocated under
14
section 38C.
15
Sections 145ZB and 145ZC
16
(5) This section has effect subject to sections 145ZB and 145ZC.
17
Note 1:
Section 145ZB deals with televising Tier A anti-siphoning events
18
during news programs.
19
Note 2:
Section 145ZC deals with televising simultaneous Tier A
20
anti-siphoning events.
21
145U SDTV multi-channelled commercial television broadcasting
22
service--restrictions on televising Tier A anti-siphoning
23
events during the simulcast period if there is a primary
24
service etc.
25
Scope
26
(1) This section applies to a commercial television broadcasting
27
licensee if:
28
(a) subsection 41B(2), (2C), (2CB), (2D) or (2DB) applies to the
29
licence; and
30
(b) there is a simulcast period, or a simulcast-equivalent period,
31
for the licence area of the licence; and
32
(c) during that period, the licensee provides:
33
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40 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(i) a SDTV multi-channelled commercial television
1
broadcasting service that is the licensee's primary
2
commercial television broadcasting service; and
3
(ii) another SDTV multi-channelled commercial television
4
broadcasting service (the secondary commercial
5
television broadcasting service).
6
Note: For
primary commercial television broadcasting service, see
7
section 145A.
8
Televising the whole of a Tier A anti-siphoning event
9
(2) During that period, the licensee must not televise on the secondary
10
commercial television broadcasting service in the licence area the
11
whole of a Tier A anti-siphoning event unless:
12
(a) the licensee has previously televised in the licence area the
13
whole of the event on the licensee's primary commercial
14
television broadcasting service; or
15
(b) the licensee will televise simultaneously in the licence area
16
the whole of the event on both:
17
(i) the licensee's primary commercial television
18
broadcasting service; and
19
(ii) the secondary commercial television broadcasting
20
service.
21
Note: For
Tier A anti-siphoning event, see section 145E.
22
Televising a part of a Tier A anti-siphoning event
23
(3) During that period, the licensee must not televise on the secondary
24
commercial television broadcasting service in the licence area a
25
part of a Tier A anti-siphoning event unless:
26
(a) the licensee has previously televised in the licence area the
27
part of the event on the licensee's primary commercial
28
television broadcasting service; or
29
(b) the licensee will televise simultaneously in the licence area
30
the part of the event on both:
31
(i) the licensee's primary commercial television
32
broadcasting service; and
33
(ii) the secondary commercial television broadcasting
34
service; or
35
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 41
(c) the licensee televises the part of the event in a news program
1
broadcast on the secondary commercial television
2
broadcasting service.
3
Licences allocated under section 38C
4
(4) This section does not apply in relation to a licence allocated under
5
section 38C.
6
Sections 145ZB and 145ZC
7
(5) This section has effect subject to sections 145ZB and 145ZC.
8
Note 1:
Section 145ZB deals with televising Tier A anti-siphoning events
9
during news programs.
10
Note 2:
Section 145ZC deals with televising simultaneous Tier A
11
anti-siphoning events.
12
145V HDTV multi-channelled commercial television broadcasting
13
service--restrictions on televising Tier A anti-siphoning
14
events during the simulcast period if there is a core
15
service etc.
16
Scope
17
(1) This section applies to a commercial television broadcasting
18
licensee if:
19
(a) there is a simulcast period, or a simulcast-equivalent period,
20
for the licence area of the licence; and
21
(b) during that period, the licensee provides a core commercial
22
television broadcasting service in the licence area.
23
Televising the whole of a Tier A anti-siphoning event
24
(2) During that period, the licensee must not televise on a HDTV
25
multi-channelled commercial television broadcasting service in the
26
licence area the whole of a Tier A anti-siphoning event unless:
27
(a) the licensee has previously televised in the licence area the
28
whole of the event on the core commercial television
29
broadcasting service; or
30
(b) the licensee will televise simultaneously in the licence area
31
the whole of the event on both:
32
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42 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(i) the core commercial television broadcasting service;
1
and
2
(ii) the HDTV multi-channelled commercial television
3
broadcasting service.
4
Note:
For Tier A anti-siphoning event, see section 145E.
5
Televising a part of a Tier A anti-siphoning event
6
(3) During that period, the licensee must not televise on a HDTV
7
multi-channelled commercial television broadcasting service in the
8
licence area a part of a Tier A anti-siphoning event unless:
9
(a) the licensee has previously televised in the licence area the
10
part of the event on the core commercial television
11
broadcasting service; or
12
(b) the licensee will televise simultaneously in the licence area
13
the part of the event on both:
14
(i) the core commercial television broadcasting service;
15
and
16
(ii) the HDTV multi-channelled commercial television
17
broadcasting service; or
18
(c) the licensee televises the part of the event in a news program
19
broadcast on the HDTV multi-channelled commercial
20
television broadcasting service.
21
Licences allocated under section 38C
22
(4) This section does not apply in relation to a licence allocated under
23
section 38C.
24
Sections 145ZB and 145ZC
25
(5) This section has effect subject to sections 145ZB and 145ZC.
26
Note 1:
Section 145ZB deals with televising Tier A anti-siphoning events
27
during news programs.
28
Note 2:
Section 145ZC deals with televising simultaneous Tier A
29
anti-siphoning events.
30
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145W HDTV multi-channelled commercial television broadcasting
1
service--restrictions on televising Tier A anti-siphoning
2
events during the simulcast period if there is a primary
3
service etc.
4
Scope
5
(1) This section applies to a commercial television broadcasting
6
licensee if:
7
(a) subsection 41B(2), (2C), (2CB), (2D) or (2DB) applies to the
8
licence; and
9
(b) there is a simulcast period, or a simulcast-equivalent period,
10
for the licence area of the licence; and
11
(c) during that period, the licensee provides a primary
12
commercial television broadcasting service in the licence
13
area.
14
Note: For
primary commercial television broadcasting service, see
15
section 145A.
16
Televising the whole of a Tier A anti-siphoning event
17
(2) During that period, the licensee must not televise on a HDTV
18
multi-channelled commercial television broadcasting service in the
19
licence area the whole of a Tier A anti-siphoning event unless:
20
(a) the licensee has previously televised in the licence area the
21
whole of the event on the licensee's primary commercial
22
television broadcasting service; or
23
(b) the licensee will televise simultaneously in the licence area
24
the whole of the event on both:
25
(i) the licensee's primary commercial television
26
broadcasting service; and
27
(ii) the HDTV multi-channelled commercial television
28
broadcasting service.
29
Note: For
Tier A anti-siphoning event, see section 145E.
30
Televising a part of a Tier A anti-siphoning event
31
(3) During that period, the licensee must not televise on a HDTV
32
multi-channelled commercial television broadcasting service in the
33
licence area a part of a Tier A anti-siphoning event unless:
34
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
44 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(a) the licensee has previously televised in the licence area the
1
part of the event on the licensee's primary commercial
2
television broadcasting service; or
3
(b) the licensee will televise simultaneously in the licence area
4
the part of the event on both:
5
(i) the licensee's primary commercial television
6
broadcasting service; and
7
(ii) the HDTV multi-channelled commercial television
8
broadcasting service; or
9
(c) the licensee televises the part of the event in a news program
10
broadcast on the HDTV multi-channelled commercial
11
television broadcasting service.
12
Licences allocated under section 38C
13
(4) This section does not apply in relation to a licence allocated under
14
section 38C.
15
Sections 145ZB and 145ZC
16
(5) This section has effect subject to sections 145ZB and 145ZC.
17
Note 1:
Section 145ZB deals with televising Tier A anti-siphoning events
18
during news programs.
19
Note 2:
Section 145ZC deals with televising simultaneous Tier A
20
anti-siphoning events.
21
145X SDTV multi-channelled commercial television broadcasting
22
service--restrictions on televising Tier A anti-siphoning
23
events after the end of the simulcast period etc.
24
Scope
25
(1) This section applies to a commercial television broadcasting
26
licensee after the end of the simulcast period, or the
27
simulcast-equivalent period, for the licence area of the licence if
28
the licensee provides:
29
(a) a SDTV multi-channelled commercial television
30
broadcasting service that is the licensee's primary
31
commercial television broadcasting service in the licence
32
area; and
33
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 45
(b) one or more other SDTV multi-channelled commercial
1
television broadcasting services (the secondary commercial
2
television broadcasting services) in the licence area.
3
Note: For
primary commercial television broadcasting service, see
4
section 145A.
5
Televising the whole of a Tier A anti-siphoning event
6
(2) The licensee must not televise on a secondary commercial
7
television broadcasting service in the licence area the whole of a
8
Tier A anti-siphoning event unless:
9
(a) the licensee has previously televised in the licence area the
10
whole of the event on the licensee's primary commercial
11
television broadcasting service; or
12
(b) the licensee will televise simultaneously in the licence area
13
the whole of the event on both:
14
(i) the licensee's primary commercial television
15
broadcasting service; and
16
(ii) the secondary commercial television broadcasting
17
service.
18
Note: For
Tier A anti-siphoning event, see section 145E.
19
Televising a part of a Tier A anti-siphoning event
20
(3) The licensee must not televise on a secondary commercial
21
television broadcasting service in the licence area a part of a Tier A
22
anti-siphoning event unless:
23
(a) the licensee has previously televised in the licence area the
24
part of the event on the licensee's primary commercial
25
television broadcasting service; or
26
(b) the licensee will televise simultaneously in the licence area
27
the part of the event on both:
28
(i) the licensee's primary commercial television
29
broadcasting service; and
30
(ii) the secondary commercial television broadcasting
31
service; or
32
(c) the licensee televises the part of the event in a news program
33
broadcast on the secondary commercial television
34
broadcasting service.
35
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
46 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Licences allocated under section 38C
1
(4) This section does not apply in relation to a licence allocated under
2
section 38C.
3
Sections 145ZB and 145ZC
4
(5) This section has effect subject to sections 145ZB and 145ZC.
5
Note 1:
Section 145ZB deals with televising Tier A anti-siphoning events
6
during news programs.
7
Note 2:
Section 145ZC deals with televising simultaneous Tier A
8
anti-siphoning events.
9
145Y HDTV multi-channelled commercial television broadcasting
10
service--restrictions on televising Tier A anti-siphoning
11
events after the end of the simulcast period etc.
12
Scope
13
(1) This section applies to a commercial television broadcasting
14
licensee after the end of the simulcast period, or the
15
simulcast-equivalent period, for the licence area of the licence.
16
Televising the whole of a Tier A anti-siphoning event
17
(2) The licensee must not televise on a HDTV multi-channelled
18
commercial television broadcasting service in the licence area the
19
whole of a Tier A anti-siphoning event unless:
20
(a) the licensee has previously televised in the licence area the
21
whole of the event on the licensee's primary commercial
22
television broadcasting service; or
23
(b) the licensee will televise simultaneously in the licence area
24
the whole of the event on both:
25
(i) the licensee's primary commercial television
26
broadcasting service; and
27
(ii) the HDTV multi-channelled commercial television
28
broadcasting service.
29
Note 1:
For primary commercial television broadcasting service, see
30
section 145A.
31
Note 2:
For Tier A anti-siphoning event, see section 145E.
32
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 47
Televising a part of a Tier A anti-siphoning event
1
(3) The licensee must not televise on a HDTV multi-channelled
2
commercial television broadcasting service in the licence area a
3
part of a Tier A anti-siphoning event unless:
4
(a) the licensee has previously televised in the licence area the
5
part of the event on the licensee's primary commercial
6
television broadcasting service; or
7
(b) the licensee will televise simultaneously in the licence area
8
the part of the event on both:
9
(i) the licensee's primary commercial television
10
broadcasting service; and
11
(ii) the HDTV multi-channelled commercial television
12
broadcasting service; or
13
(c) the licensee televises the part of the event in a news program
14
broadcast on the HDTV multi-channelled commercial
15
television broadcasting service.
16
Licences allocated under section 38C
17
(4) This section does not apply in relation to a licence allocated under
18
section 38C.
19
Sections 145ZB and 145ZC
20
(5) This section has effect subject to sections 145ZB and 145ZC.
21
Note 1:
Section 145ZB deals with televising Tier A anti-siphoning events
22
during news programs.
23
Note 2:
Section 145ZC deals with televising simultaneous Tier A
24
anti-siphoning events.
25
145Z SDTV multi-channelled commercial television broadcasting
26
service provided under a section 38C licence--restrictions
27
on televising Tier A anti-siphoning events
28
Scope
29
(1) This section applies to a commercial television broadcasting
30
licensee if:
31
(a) the licence was allocated under section 38C; and
32
(b)
the
licensee
provides:
33
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
48 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(i) a SDTV multi-channelled commercial television
1
broadcasting service that is one of the licensee's
2
primary commercial television broadcasting services in
3
the licence area; and
4
(ii) one or more SDTV multi-channelled commercial
5
television broadcasting services that are not the
6
licensee's primary commercial television broadcasting
7
services (the secondary commercial television
8
broadcasting services) in the licence area.
9
Note: For
primary commercial television broadcasting service, see
10
section 145A.
11
Televising the whole of a Tier A anti-siphoning event
12
(2) The licensee must not televise on a secondary commercial
13
television broadcasting service in the licence area the whole of a
14
Tier A anti-siphoning event unless:
15
(a) the licensee has previously televised in the licence area the
16
whole of the event on one or more of the licensee's primary
17
commercial television broadcasting services; or
18
(b) the licensee will televise simultaneously in the licence area
19
the whole of the event on:
20
(i) one or more of the licensee's primary commercial
21
television broadcasting services; and
22
(ii) the secondary commercial television broadcasting
23
service.
24
Note: For
Tier A anti-siphoning event, see section 145E.
25
Televising a part of a Tier A anti-siphoning event
26
(3) The licensee must not televise on a secondary commercial
27
television broadcasting service in the licence area a part of a Tier A
28
anti-siphoning event unless:
29
(a) the licensee has previously televised in the licence area the
30
part of the event on one or more of the licensee's primary
31
commercial television broadcasting services; or
32
(b) the licensee will televise simultaneously in the licence area
33
the part of the event on:
34
(i) one or more of the licensee's primary commercial
35
television broadcasting service; and
36
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 49
(ii) the secondary commercial television broadcasting
1
service; or
2
(c) the licensee televises the part of the event in a news program
3
broadcast on the secondary commercial television
4
broadcasting service.
5
Sections 145ZB and 145ZC
6
(4) This section has effect subject to sections 145ZB and 145ZC.
7
Note 1:
Section 145ZB deals with televising Tier A anti-siphoning events
8
during news programs.
9
Note 2:
Section 145ZC deals with televising simultaneous Tier A
10
anti-siphoning events.
11
145ZA HDTV multi-channelled commercial television broadcasting
12
service provided under a section 38C licence--restrictions
13
on televising Tier A anti-siphoning events
14
Scope
15
(1) This section applies to a commercial television broadcasting
16
licensee if the licence was allocated under section 38C.
17
Televising the whole of a Tier A anti-siphoning event
18
(2) The licensee must not televise on a HDTV multi-channelled
19
commercial television broadcasting service in the licence area the
20
whole of a Tier A anti-siphoning event unless:
21
(a) the licensee has previously televised in the licence area the
22
whole of the event on one or more of the licensee's primary
23
commercial television broadcasting services; or
24
(b) the licensee will televise simultaneously in the licence area
25
the whole of the event on:
26
(i) one or more of the licensee's primary commercial
27
television broadcasting services; and
28
(ii) the HDTV multi-channelled commercial television
29
broadcasting service.
30
Note 1:
For primary commercial television broadcasting service, see
31
section 145A.
32
Note 2:
For Tier A anti-siphoning event, see section 145E.
33
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
50 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Televising a part of a Tier A anti-siphoning event
1
(3) The licensee must not televise on a HDTV multi-channelled
2
commercial television broadcasting service in the licence area a
3
part of a Tier A anti-siphoning event unless:
4
(a) the licensee has previously televised in the licence area the
5
part of the event on one or more of the licensee's primary
6
commercial television broadcasting services; or
7
(b) the licensee will televise simultaneously in the licence area
8
the part of the event on:
9
(i) one or more of the licensee's primary commercial
10
television broadcasting services; and
11
(ii) the HDTV multi-channelled commercial television
12
broadcasting service; or
13
(c) the licensee televises the part of the event in a news program
14
broadcast on the HDTV multi-channelled commercial
15
television broadcasting service.
16
Sections 145ZB and 145ZC
17
(4) This section has effect subject to sections 145ZB and 145ZC.
18
Note 1:
Section 145ZB deals with televising Tier A anti-siphoning events
19
during news programs.
20
Note 2:
Section 145ZC deals with televising simultaneous Tier A
21
anti-siphoning events.
22
145ZB Multi-channelled commercial television broadcasting
23
service--televising Tier A anti-siphoning events during
24
news programs
25
Whole event occurs entirely during a news program
26
(1) This Subdivision does not prevent a commercial television
27
broadcasting licensee televising, on a multi-channelled commercial
28
television broadcasting service in the licence area of the licence,
29
the whole of a particular Tier A anti-siphoning event if:
30
(a) the whole of the event occurs entirely during a news program
31
broadcast on the core/primary commercial television
32
broadcasting service in that area; and
33
(b) the licensee, as soon as practicable after the end of the news
34
program, televises, on the core/primary commercial
35
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 51
television broadcasting service in that area, the whole of the
1
event.
2
Note 1:
For Tier A anti-siphoning event, see section 145E.
3
Note 2:
For multi-channelled commercial television broadcasting service,
4
see section 145A.
5
Note 3:
For core/primary commercial television broadcasting service, see
6
subsection 6(1).
7
Event occurs partly during a news program
8
(2) This Subdivision does not prevent a commercial television
9
broadcasting licensee televising, on a multi-channelled commercial
10
television broadcasting service in the licence area of the licence,
11
the whole of a particular Tier A anti-siphoning event if:
12
(a)
the
event:
13
(i) occurs partly during a news program broadcast on the
14
core/primary commercial television broadcasting
15
service in that area; and
16
(ii) begins not more than 30 minutes before the start of the
17
news program; and
18
(b) if more than 50% of the whole of the event occurs during the
19
news program--the licensee, as soon as practicable after the
20
end of the news program, televises, on the core/primary
21
commercial television broadcasting service in that area, the
22
whole of the event.
23
(3) This Subdivision does not prevent a commercial television
24
broadcasting licensee televising, on a multi-channelled commercial
25
television broadcasting service in the licence area of the licence, a
26
part of a particular Tier A anti-siphoning event if:
27
(a) the part of the event occurs during a news program broadcast
28
on the core/primary commercial television broadcasting
29
service in that area; and
30
(b) if more than 50% of the whole of the event occurs during the
31
news program--the licensee, as soon as practicable after the
32
end of the news program, televises, on the core/primary
33
commercial television broadcasting service in that area, the
34
whole of the event.
35
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
52 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
145ZC Multi-channelled commercial television broadcasting
1
service--televising simultaneous Tier A anti-siphoning
2
events
3
Not more than 50% overlap
4
(1)
If:
5
(a) a commercial television broadcasting licensee has the right to
6
televise live, in the licence area for the licence:
7
(i) the whole or a part (which whole or part is in this
8
subsection called the relevant portion) of a particular
9
Tier A anti-siphoning event (the first event); and
10
(ii) the whole of another Tier A anti-siphoning event (the
11
second event); and
12
(b) during a particular period (the overlap period), the relevant
13
portion of the first event and the second event overlap; and
14
(c) not more than 50% of the relevant portion of the first event
15
occurs during the overlap period;
16
this Subdivision does not prevent the licensee televising, on a
17
multi-channelled commercial television broadcasting service in
18
that area, so much of the relevant portion of the first event as
19
occurs during the overlap period.
20
Note 1:
For Tier A anti-siphoning event, see section 145E.
21
Note 2:
For multi-channelled commercial television broadcasting service,
22
see section 145A.
23
More than 50% overlap
24
(2)
If:
25
(a) a commercial television broadcasting licensee has the right to
26
televise live, in the licence area for the licence:
27
(i) the whole or a part (which whole or part is in this
28
subsection called the relevant portion) of a particular
29
Tier A anti-siphoning event (the first event); and
30
(ii) the whole of another Tier A anti-siphoning event (the
31
second event); and
32
(b) during a particular period (the overlap period), the relevant
33
portion of the first event and the second event overlap; and
34
(c) more than 50% of the relevant portion of the first event
35
occurs during the overlap period; and
36
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 53
(d) the licensee, as soon as practicable after the end of the
1
broadcast of the second event, televises, on the core/primary
2
commercial television broadcasting service in that area, the
3
whole of the first event;
4
this Subdivision does not prevent the licensee televising, on a
5
multi-channelled commercial television broadcasting service in
6
that area, the relevant portion of the first event.
7
Note: For
core/primary commercial television broadcasting service, see
8
subsection 6(1).
9
Subdivision B--National television broadcasting services
10
145ZD SDTV multi-channelled national television broadcasting
11
service--restrictions on televising Tier A anti-siphoning
12
events during the simulcast period etc.
13
Scope
14
(1) This section applies to a national broadcaster if there is a simulcast
15
period, or a simulcast-equivalent period, for a coverage area.
16
Televising the whole of a Tier A anti-siphoning event
17
(2) During that period, the national broadcaster must not televise on a
18
SDTV multi-channelled national television broadcasting service in
19
the coverage area the whole of a Tier A anti-siphoning event
20
unless:
21
(a) the national broadcaster has previously televised in the
22
coverage area the whole of the event on the national
23
television broadcasting service to which clause 19 of
24
Schedule 4 applies; or
25
(b) the national broadcaster will televise simultaneously in the
26
coverage area the whole of the event on both:
27
(i) the national television broadcasting service to which
28
clause 19 of Schedule 4 applies; and
29
(ii) the SDTV multi-channelled national television
30
broadcasting service.
31
Note: For
Tier A anti-siphoning event, see section 145E.
32
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
54 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Televising a part of a Tier A anti-siphoning event
1
(3) During that period, the national broadcaster must not televise on a
2
SDTV multi-channelled national television broadcasting service in
3
the coverage area a part of a Tier A anti-siphoning event unless:
4
(a) the national broadcaster has previously televised in the
5
coverage area the part of the event on the national television
6
broadcasting service to which clause 19 of Schedule 4
7
applies; or
8
(b) the national broadcaster will televise simultaneously in the
9
coverage area the part of the event on both:
10
(i) the national television broadcasting service to which
11
clause 19 of Schedule 4 applies; and
12
(ii) the SDTV multi-channelled national television
13
broadcasting service; or
14
(c) the national broadcaster televises the part of the event in a
15
news program broadcast on the SDTV multi-channelled
16
national television broadcasting service.
17
National television broadcasting services provided with the use of
18
a satellite
19
(4) This section does not apply in relation to national television
20
broadcasting services provided with the use of a satellite.
21
Sections 145ZJ and 145ZK
22
(5) This section has effect subject to sections 145ZJ and 145ZK.
23
Note 1:
Section 145ZJ deals with televising Tier A anti-siphoning events
24
during news programs.
25
Note 2:
Section 145ZK deals with televising simultaneous Tier A
26
anti-siphoning events.
27
145ZE HDTV multi-channelled national television broadcasting
28
service--restrictions on televising Tier A anti-siphoning
29
events during the simulcast period etc.
30
Scope
31
(1) This section applies to a national broadcaster if there is a simulcast
32
period, or a simulcast-equivalent period, for a coverage area.
33
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 55
Televising the whole of a Tier A anti-siphoning event
1
(2) During that period, the national broadcaster must not televise on a
2
HDTV multi-channelled national television broadcasting service in
3
the coverage area the whole of a Tier A anti-siphoning event
4
unless:
5
(a) the national broadcaster has previously televised in the
6
coverage area the whole of the event on the national
7
television broadcasting service to which clause 19 of
8
Schedule 4 applies; or
9
(b) the national broadcaster will televise simultaneously in the
10
coverage area the whole of the event on both:
11
(i) the national television broadcasting service to which
12
clause 19 of Schedule 4 applies; and
13
(ii) the HDTV multi-channelled national television
14
broadcasting service.
15
Note: For
Tier A anti-siphoning event, see section 145E.
16
Televising a part of a Tier A anti-siphoning event
17
(3) During that period, the national broadcaster must not televise on a
18
HDTV multi-channelled national television broadcasting service in
19
the coverage area a part of a Tier A anti-siphoning event unless:
20
(a) the national broadcaster has previously televised in the
21
coverage area the part of the event on the national television
22
broadcasting service to which clause 19 of Schedule 4
23
applies; or
24
(b) the national broadcaster will televise simultaneously in the
25
coverage area the part of the event on both:
26
(i) the national television broadcasting service to which
27
clause 19 of Schedule 4 applies; and
28
(ii) the HDTV multi-channelled national television
29
broadcasting service; or
30
(c) the national broadcaster televises the part of the event in a
31
news program broadcast on the HDTV multi-channelled
32
national television broadcasting service.
33
Schedule 1 Amendments
Part 2 Amendments commencing on a day to be fixed by Proclamation
56 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
National television broadcasting services provided with the use of
1
a satellite
2
(4) This section does not apply in relation to national television
3
broadcasting services provided with the use of a satellite.
4
Sections 145ZJ and 145ZK
5
(5) This section has effect subject to sections 145ZJ and 145ZK.
6
Note 1:
Section 145ZJ deals with televising Tier A anti-siphoning events
7
during news programs.
8
Note 2:
Section 145ZK deals with televising simultaneous Tier A
9
anti-siphoning events.
10
145ZF SDTV multi-channelled national television broadcasting
11
service--restrictions on televising Tier A anti-siphoning
12
events after the end of the simulcast period etc.
13
Scope
14
(1) This section applies to a national broadcaster after the end of the
15
simulcast period, or the simulcast-equivalent period, for a coverage
16
area if the national broadcaster provides:
17
(a) a SDTV multi-channelled national television broadcasting
18
service that is the broadcaster's primary national television
19
broadcasting service in the coverage area; and
20
(b) one or more other SDTV multi-channelled national television
21
broadcasting services (the secondary national television
22
broadcasting services) in the coverage area.
23
Note: For
primary national television broadcasting service, see
24
section 145A.
25
Televising the whole of a Tier A anti-siphoning event
26
(2) The national broadcaster must not televise on a secondary national
27
television broadcasting service in the coverage area the whole of a
28
Tier A anti-siphoning event unless:
29
(a) the national broadcaster has previously televised in the
30
coverage area the whole of the event on the broadcaster's
31
primary national television broadcasting service; or
32
(b) the national broadcaster will televise simultaneously in the
33
coverage area the whole of the event on both:
34
Amendments Schedule 1
Amendments commencing on a day to be fixed by Proclamation Part 2
Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 57
(i) the broadcaster's primary national television
1
broadcasting service; and
2
(ii) the secondary national television broadcasting service.
3
Note: For
Tier A anti-siphoning event, see section 145E.
4
Televising a part of a Tier A anti-siphoning event
5
(3) The national broadcaster must not televise on a secondary national
6
television broadcasting service in the coverage area a part of a Tier
7
A anti-siphoning event unless:
8
(a) the national broadcaster has previously televised in the
9
coverage area the part of the event on the broadcaster's
10
primary national television broadcasting service; or
11
(b) the national broadcaster will televise simultaneously in the
12
coverage area the part of the event on both:
13
(i) the broadcaster's primary national television
14
broadcasting service; and
15
(ii) the secondary national television broadcasting service;
16
or
17
(c) the national broadcaster televises the part of the event in a
18
news program broadcast on the secondary national television
19
broadcasting service.
20
National television broadcasting services provided with the use of
21
a satellite
22
(4) This section does not apply in relation to national television
23
broadcasting services provided with the use of a satellite.
24
Sections 145ZJ and 145ZK
25
(5) This section has effect subject to sections 145ZJ and 145ZK.
26
Note 1:
Section 145ZJ deals with televising Tier A anti-siphoning events
27
during news programs.
28
Note 2:
Section 145ZK deals with televising simultaneous Tier A
29
anti-siphoning events.
30
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58 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
145ZG HDTV multi-channelled national television broadcasting
1
service--restrictions on televising Tier A anti-siphoning
2
events after the end of the simulcast period etc.
3
Scope
4
(1) This section applies to a national broadcaster after the end of the
5
simulcast period, or the simulcast-equivalent period, for a coverage
6
area.
7
Televising the whole of a Tier A anti-siphoning event
8
(2) The national broadcaster must not televise on a HDTV
9
multi-channelled national television broadcasting service in the
10
coverage area the whole of a Tier A anti-siphoning event unless:
11
(a) the national broadcaster has previously televised in the
12
coverage area the whole of the event on the broadcaster's
13
primary national television broadcasting service; or
14
(b) the national broadcaster will televise simultaneously in the
15
coverage area the whole of the event on both:
16
(i) the broadcaster's primary national television
17
broadcasting service; and
18
(ii) the HDTV multi-channelled national television
19
broadcasting service.
20
Note 1:
For primary national television broadcasting service, see
21
section 145A.
22
Note 2:
For Tier A anti-siphoning event, see section 145E.
23
Televising a part of a Tier A anti-siphoning event
24
(3) The national broadcaster must not televise on a HDTV
25
multi-channelled national television broadcasting service in the
26
coverage area a part of a Tier A anti-siphoning event unless:
27
(a) the national broadcaster has previously televised in the
28
coverage area the part of the event on the broadcaster's
29
primary national television broadcasting service; or
30
(b) the national broadcaster will televise simultaneously in the
31
coverage area the part of the event on both:
32
(i) the broadcaster's primary national television
33
broadcasting service; and
34
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 59
(ii) the HDTV multi-channelled national television
1
broadcasting service; or
2
(c) the national broadcaster televises the part of the event in a
3
news program broadcast on the HDTV multi-channelled
4
national television broadcasting service.
5
National television broadcasting services provided with the use of
6
a satellite
7
(4) This section does not apply in relation to national television
8
broadcasting services provided with the use of a satellite.
9
Sections 145ZJ and 145ZK
10
(5) This section has effect subject to sections 145ZJ and 145ZK.
11
Note 1:
Section 145ZJ deals with televising Tier A anti-siphoning events
12
during news programs.
13
Note 2:
Section 145ZK deals with televising simultaneous Tier A
14
anti-siphoning events.
15
145ZH SDTV multi-channelled national television broadcasting
16
service provided with the use of a satellite--restrictions
17
on televising Tier A anti-siphoning events
18
Scope
19
(1) This section applies to a national broadcaster if the national
20
broadcaster provides, with the use of a satellite:
21
(a) a SDTV multi-channelled national television broadcasting
22
service that is the broadcaster's primary satellite national
23
television broadcasting service in a satellite delivery area;
24
and
25
(b) one or more other SDTV multi-channelled national television
26
broadcasting services (the secondary national television
27
broadcasting services) in the satellite delivery area.
28
Note: For
primary satellite national television broadcasting service, see
29
section 145A.
30
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60 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Televising the whole of a Tier A anti-siphoning event
1
(2) The national broadcaster must not televise on a secondary national
2
television broadcasting service in the satellite delivery area the
3
whole of a Tier A anti-siphoning event unless:
4
(a) the national broadcaster has previously televised in the
5
satellite delivery area the whole of the event on the
6
broadcaster's primary satellite national television
7
broadcasting service; or
8
(b) the national broadcaster will televise simultaneously in the
9
satellite delivery area the whole of the event on both:
10
(i) the broadcaster's primary satellite national television
11
broadcasting service; and
12
(ii) the secondary national television broadcasting service.
13
Note: For
Tier A anti-siphoning event, see section 145E.
14
Televising a part of a Tier A anti-siphoning event
15
(3) The national broadcaster must not televise on a secondary national
16
television broadcasting service in the satellite delivery area a part
17
of a Tier A anti-siphoning event unless:
18
(a) the national broadcaster has previously televised in the
19
satellite delivery area the part of the event on the
20
broadcaster's primary satellite national television
21
broadcasting service; or
22
(b) the national broadcaster will televise simultaneously in the
23
satellite delivery area the part of the event on both:
24
(i) the broadcaster's primary satellite national television
25
broadcasting service; and
26
(ii) the secondary national television broadcasting service;
27
or
28
(c) the national broadcaster televises the part of the event in a
29
news program broadcast on the secondary national television
30
broadcasting service.
31
Sections 145ZJ and 145ZK
32
(4) This section has effect subject to sections 145ZJ and 145ZK.
33
Note 1:
Section 145ZJ deals with televising Tier A anti-siphoning events
34
during news programs.
35
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 61
Note 2:
Section 145ZK deals with televising simultaneous Tier A
1
anti-siphoning events.
2
145ZI HDTV multi-channelled national television broadcasting
3
service provided with the use of a satellite--restrictions
4
on televising Tier A anti-siphoning events
5
Scope
6
(1) This section applies to a national broadcaster if the national
7
broadcaster provides, with the use of a satellite, a HDTV
8
multi-channelled national television broadcasting service.
9
Televising the whole of a Tier A anti-siphoning event
10
(2) The national broadcaster must not televise on the HDTV
11
multi-channelled national television broadcasting service in a
12
satellite delivery area the whole of a Tier A anti-siphoning event
13
unless:
14
(a) the national broadcaster has previously televised in the
15
satellite delivery area the whole of the event on the
16
broadcaster's primary satellite national television
17
broadcasting service; or
18
(b) the national broadcaster will televise simultaneously in the
19
satellite delivery area the whole of the event on both:
20
(i) the broadcaster's primary satellite national television
21
broadcasting service; and
22
(ii) the HDTV multi-channelled national television
23
broadcasting service.
24
Note 1:
For primary satellite national television broadcasting service, see
25
section 145A.
26
Note 2:
For Tier A anti-siphoning event, see section 145E.
27
Televising a part of a Tier A anti-siphoning event
28
(3) The national broadcaster must not televise on the HDTV
29
multi-channelled national television broadcasting service in a
30
satellite delivery area a part of a Tier A anti-siphoning event
31
unless:
32
(a) the national broadcaster has previously televised in the
33
satellite delivery area the part of the event on the
34
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62 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
broadcaster's primary satellite national television
1
broadcasting service; or
2
(b) the national broadcaster will televise simultaneously in the
3
satellite delivery area the part of the event on both:
4
(i) the broadcaster's primary satellite national television
5
broadcasting service; and
6
(ii) the HDTV multi-channelled national television
7
broadcasting service; or
8
(c) the national broadcaster televises the part of the event in a
9
news program broadcast on the HDTV multi-channelled
10
national television broadcasting service.
11
Sections 145ZJ and 145ZK
12
(4) This section has effect subject to sections 145ZJ and 145ZK.
13
Note 1:
Section 145ZJ deals with televising Tier A anti-siphoning events
14
during news programs.
15
Note 2:
Section 145ZK deals with televising simultaneous Tier A
16
anti-siphoning events.
17
145ZJ Multi-channelled national television broadcasting service--
18
televising Tier A anti-siphoning events during news
19
programs
20
Whole event occurs entirely during news programs
21
(1) This Subdivision does not prevent a national broadcaster
22
televising, on a multi-channelled national television broadcasting
23
service in a coverage area, the whole of a particular Tier A
24
anti-siphoning event if:
25
(a) the whole of the event occurs entirely during a news program
26
broadcast on the core/primary national television
27
broadcasting service in that area; and
28
(b) the national broadcaster, as soon as practicable after the end
29
of the news program, televises, on the core/primary national
30
television broadcasting service in that area, the whole of the
31
event.
32
Note 1:
For multi-channelled national television broadcasting service, see
33
section 145A.
34
Note 2:
For Tier A anti-siphoning event, see section 145E.
35
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 63
Note 3:
For core/primary national television broadcasting service, see
1
section 145ZL.
2
Event occurs partly during a news program
3
(2) This Subdivision does not prevent a national broadcaster
4
televising, on a multi-channelled national television broadcasting
5
service in a coverage area, the whole of a particular Tier A
6
anti-siphoning event if:
7
(a)
the
event:
8
(i) occurs partly during a news program broadcast on the
9
core/primary national television broadcasting service in
10
that area; and
11
(ii) begins not more than 30 minutes before the start of the
12
news program; and
13
(b) if more than 50% of the whole of the event occurs during the
14
news program--the national broadcaster, as soon as
15
practicable after the end of the news program, televises, on
16
the core/primary national television broadcasting service in
17
that area, the whole of the event.
18
(3) This Subdivision does not prevent a national broadcaster
19
televising, on a multi-channelled national television broadcasting
20
service in a coverage area, a part of a particular Tier A
21
anti-siphoning event if:
22
(a) the part of the event occurs during a news program broadcast
23
on the core/primary national television broadcasting service
24
in that area; and
25
(b) if more than 50% of the whole of the event occurs during the
26
news program--the national broadcaster, as soon as
27
practicable after the end of the news program, televises, on
28
the core/primary national television broadcasting service in
29
that area, the whole of the event.
30
145ZK Multi-channelled national television broadcasting service--
31
televising simultaneous Tier A anti-siphoning events
32
Not more than 50% overlap
33
(1)
If:
34
(a) a national broadcaster has the right to televise live, in a
35
coverage area:
36
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64 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(i) the whole or a part (which whole or part is in this
1
subsection called the relevant portion) of a particular
2
Tier A anti-siphoning event (the first event); and
3
(ii) the whole of another Tier A anti-siphoning event (the
4
second event); and
5
(b) during a particular period (the overlap period), the relevant
6
portion of the first event and the second event overlap; and
7
(c) not more than 50% of the relevant portion of the first event
8
occurs during the overlap period;
9
this Subdivision does not prevent the national broadcaster
10
televising, on a multi-channelled national television broadcasting
11
service in that area, so much of the relevant portion of the first
12
event as occurs during the overlap period.
13
Note 1:
For Tier A anti-siphoning event, see section 145E.
14
Note 2:
For multi-channelled national television broadcasting service, see
15
section 145A.
16
More than 50% overlap
17
(2)
If:
18
(a) a national broadcaster has the right to televise live, in a
19
coverage area:
20
(i) the whole or a part (which whole or part is in this
21
subsection called the relevant portion) of a particular
22
Tier A anti-siphoning event (the first event); and
23
(ii) the whole of another Tier A anti-siphoning event (the
24
second event); and
25
(b) during a particular period (the overlap period), the relevant
26
portion of the first event and the second event overlap; and
27
(c) more than 50% of the relevant portion of the first event
28
occurs during the overlap period; and
29
(d) the national broadcaster, as soon as practicable after the end
30
of the broadcast of the second event, televises, on the
31
core/primary national television broadcasting service in that
32
area, the whole of the first event;
33
this Subdivision does not prevent the national broadcaster
34
televising, on a multi-channelled national television broadcasting
35
service in that area, the relevant portion of the first event.
36
Note: For
core/primary national television broadcasting service, see
37
section 145ZL.
38
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 65
145ZL Core/primary national television broadcasting service
1
For the purposes of the application of this Subdivision to a national
2
broadcaster and a coverage area, the core/primary national
3
television broadcasting service of the broadcaster in the area is:
4
(a) if there is a simulcast period, or a simulcast-equivalent
5
period, for the coverage area--the national television
6
broadcasting service to which clause 19 of Schedule 4
7
applies; or
8
(b) if there is no simulcast period, and no simulcast-equivalent
9
period, for the coverage area--the primary national television
10
broadcasting service for that area.
11
Subdivision C--Exemptions
12
145ZM Exemptions--Ministerial determination
13
(1) The Minister may, by legislative instrument, determine that this
14
Division does not apply to the televising of a specified
15
anti-siphoning event.
16
Note 1:
For specification by class, see subsection 13(3) of the Legislative
17
Instruments Act 2003.
18
Note 2:
For variation and revocation, see subsection 33(3) of the Acts
19
Interpretation Act 1901.
20
(2) The Minister may, by legislative instrument, determine that this
21
Division does not apply to the televising of a specified
22
anti-siphoning event in a specified licence area and the
23
corresponding coverage area.
24
Note 1:
For specification by class, see subsection 13(3) of the Legislative
25
Instruments Act 2003.
26
Note 2:
For variation and revocation, see subsection 33(3) of the Acts
27
Interpretation Act 1901.
28
(3) A determination under this section may be:
29
(a)
unconditional;
or
30
(b) subject to such conditions (if any) as are specified in the
31
determination.
32
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66 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Division 5--Limits on acquisition and conferral of rights
1
145ZN Limits on acquisition of rights by subscription television
2
broadcasting licensees
3
Anti-siphoning events not in a quota group
4
(1) A subscription television broadcasting licensee must not acquire
5
the right to televise, on a subscription television broadcasting
6
service, the whole or a part of an anti-siphoning event that is not in
7
a quota group unless:
8
(a) a national broadcaster has the right to televise the whole or a
9
part of the event on any of its broadcasting services; or
10
(b) the television broadcasting services of commercial television
11
broadcasting licensees (other than licensees who hold
12
licences allocated under section 38C or subsection 40(1))
13
who have the right to televise the whole or a part of the event
14
cover a total of more than 50% of the Australian population.
15
Note 1:
For compliance by subscription television broadcasting licensees, see
16
clause 10 of Schedule 2.
17
Note 2:
For quota group, see section 145A.
18
Anti-siphoning events in a Category A quota group
19
(2) A subscription television broadcasting licensee must not acquire
20
the right to televise, on a subscription television broadcasting
21
service, the whole or a part of an anti-siphoning event in a
22
Category A quota group, if the acquisition would prevent, or is part
23
of a scheme that would prevent, there being a set of anti-siphoning
24
events for which the following conditions are satisfied:
25
(a) each event in the set is an event in the Category A quota
26
group;
27
(b) the number of events in the set is equal to the quota number
28
for the Category A quota group;
29
(c) either of the following subparagraphs applies in relation to
30
each event in the set:
31
(i) a national broadcaster has the right to televise the whole
32
or a part of the event on any of its broadcasting services;
33
(ii) the television broadcasting services of commercial
34
television broadcasting licensees (other than licensees
35
who hold licences allocated under section 38C or
36
Amendments Schedule 1
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 67
subsection 40(1)) who have the right to televise the
1
whole or a part of the event cover a total of more than
2
50% of the Australian population.
3
Note 1:
For compliance by subscription television broadcasting licensees, see
4
clause 10 of Schedule 2.
5
Note 2:
For Category A quota group, see section 145G.
6
Note 3:
For quota number, see section 145G.
7
Anti-siphoning events in a Category B quota group
8
(3) A subscription television broadcasting licensee must not acquire
9
the right to televise, on a subscription television broadcasting
10
service, the whole or a part of an anti-siphoning event in a group
11
that is a Category B quota group in relation to a licence area, if the
12
acquisition would prevent, or is part of a scheme that would
13
prevent, there being a set of anti-siphoning events for which the
14
following conditions are satisfied:
15
(a) each event in the set is an event in the Category B quota
16
group;
17
(b) the number of events in the set is equal to the quota number
18
for the Category B quota group;
19
(c) the associated set conditions for the Category B quota group
20
are met;
21
(d) either of the following subparagraphs applies in relation to
22
each event in the set:
23
(i) a national broadcaster has the right to televise the whole
24
or a part of the event on any of its broadcasting services
25
in a coverage area that corresponds to the licence area;
26
(ii) a commercial television broadcasting licensee (other
27
than a licensee who hold a licence allocated under
28
section 38C or subsection 40(1)) has the right to televise
29
the whole or a part of the event on any of its
30
broadcasting services in the licence area.
31
Note 1:
For compliance by subscription television broadcasting licensees, see
32
clause 10 of Schedule 2.
33
Note 2:
For Category B quota group, see section 145G.
34
Note 3:
For quota number, see section 145G.
35
Note 4:
For associated set conditions, see section 145G.
36
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Part 2 Amendments commencing on a day to be fixed by Proclamation
68 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Interpretation
1
(4) For the purposes of this section, the percentage of the Australian
2
population covered by the television broadcasting service or
3
services of a commercial television broadcasting licensee (other
4
than a licensee who holds a licence allocated under section 38C or
5
subsection 40(1)) is the percentage most recently specified by the
6
ACMA under paragraph 30(5)(a) for the licence area of the
7
licensee's licence.
8
(5) For the purposes of this section:
9
(a) if a program supplier of a commercial television broadcasting
10
licensee has a right to televise the whole or a part of an
11
event--the licensee is taken also to have the right; and
12
(b) if a program supplier of a commercial television broadcasting
13
licensee has an entitlement to confer on the licensee a right to
14
televise the whole or a part of an event--the licensee is taken
15
also to have the right.
16
145ZO Limits on conferral of rights on content service providers
17
Anti-siphoning events not in a quota group
18
(1) A person must not confer on a content service provider the right to
19
provide particular audiovisual content on a content service to
20
end-users in Australia if:
21
(a) the content consists of live coverage of the whole or a part of
22
an anti-siphoning event that is not in a quota group; and
23
(b) the anti-siphoning event, or any part of the event, occurs or is
24
to occur in Australia; and
25
(c)
neither:
26
(i) a national broadcaster has the right to televise the whole
27
or a part of the event on any of its broadcasting services;
28
nor
29
(ii) commercial television broadcasting licensees (other than
30
licensees who hold licenses allocated under section 38C
31
or subsection 40(1)) who provide television
32
broadcasting services that cover a total of more than
33
50% of the Australian population have the right to
34
televise the whole or a part of the event.
35
Note 1:
For content service provider and content service, see section 145A.
36
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 69
Note 2:
For quota group, see section 145A.
1
Anti-siphoning events in a Category A quota group
2
(2) A person must not confer on a content service provider the right to
3
provide particular audiovisual content on a content service to
4
end-users in Australia if:
5
(a) the content consists of live coverage of the whole or a part of
6
an anti-siphoning event in a Category A quota group; and
7
(b) the anti-siphoning event, or any part of the event, occurs or is
8
to occur in Australia;
9
and the conferral would prevent, or is part of a scheme that would
10
prevent, there being a set of anti-siphoning events for which the
11
following conditions are satisfied:
12
(c) each event in the set is an event in the Category A quota
13
group;
14
(d) the number of events in the set is equal to the quota number
15
for the Category A quota group;
16
(e) either of the following subparagraphs applies in relation to
17
each event in the set:
18
(i) a national broadcaster has the right to televise the whole
19
or a part of the event on any of its broadcasting services;
20
(ii) the television broadcasting services of commercial
21
television broadcasting licensees (other than licensees
22
who hold licences allocated under section 38C or
23
subsection 40(1)) who have the right to televise the
24
whole or a part of the event cover a total of more than
25
50% of the Australian population.
26
Note 1:
For content service provider and content service, see section 145A.
27
Note 2:
For Category A quota group, see section 145G.
28
Note 3:
For quota number, see section 145G.
29
Anti-siphoning events in a Category B quota group
30
(3) A person must not confer on a content service provider the right to
31
provide particular audiovisual content on a content service to
32
end-users in Australia if:
33
(a) the content consists of live coverage of the whole or a part of
34
an anti-siphoning event in a group that is a Category B quota
35
group in relation to a licence area; and
36
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70 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(b) the anti-siphoning event, or any part of the event, occurs or is
1
to occur in Australia;
2
and the conferral would prevent, or is part of a scheme that would
3
prevent, there being a set of anti-siphoning events for which the
4
following conditions are satisfied:
5
(c) each event in the set is an event in the Category B quota
6
group;
7
(d) the number of events in the set is equal to the quota number
8
for the Category B quota group;
9
(e) the associated set conditions for the Category B quota group;
10
(f) either of the following subparagraphs applies in relation to
11
each event in the set:
12
(i) a national broadcaster has the right to televise the whole
13
or a part of the event on any of its broadcasting services
14
in a coverage area that corresponds to the licence area;
15
(ii) a commercial television broadcasting licensee (other
16
than a licensee who hold a licence allocated under
17
section 38C or subsection 40(1)) has the right to televise
18
the whole or a part of the event on any of its
19
broadcasting services in the licence area.
20
Note 1:
For content service provider and content service, see section 145A.
21
Note 2:
For Category B quota group, see section 145G.
22
Note 3:
For quota number, see section 145G.
23
Note 4:
For associated set conditions, see section 145G.
24
Civil penalty provisions
25
(4) Subsections (1), (2) and (3) are civil penalty provisions.
26
Exception--wholly-owned subsidiaries
27
(5) This section does not apply to the conferral of a right on a content
28
service provider by a person that is a body corporate if the content
29
service provider is a wholly-owned subsidiary (within the meaning
30
of the Corporations Act 2001) of the person.
31
Interpretation
32
(6) For the purposes of paragraphs (1)(a), (2)(a) and (3)(a), live:
33
(a) in relation to the coverage of the whole or a part of a Tier A
34
anti-siphoning event--means:
35
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 71
(i) with no delay; or
1
(ii) with as short a delay as is technically feasible; or
2
(b) in relation to the coverage of the whole or a part of a Tier B
3
anti-siphoning event that is in a designated group--means:
4
(i) with no delay; or
5
(ii) with a delayed starting time of not more than 24 hours;
6
or
7
(c) in relation to the coverage of the whole or a part of a Tier B
8
anti-siphoning event that is not in a designated group--
9
means:
10
(i) in any case--with no delay; or
11
(ii) if the Minister, by legislative instrument, specifies a
12
number of hours in relation to the event that is less than
13
4--with a delayed starting time of not more than that
14
number of hours; or
15
(iii) if subparagraph (ii) does not apply--with a delayed
16
starting time of not more than 4 hours.
17
(7) For the purposes of this section, the percentage of the Australian
18
population covered by the television broadcasting service or
19
services of a commercial television broadcasting licensee (other
20
than a licensee who holds a licence allocated under section 38C or
21
subsection 40(1)) is the percentage most recently specified by the
22
ACMA under paragraph 30(5)(a) for the licence area of the
23
licensee's licence.
24
(8) For the purposes of this section:
25
(a) if a program supplier of a commercial television broadcasting
26
licensee has a right to televise the whole or a part of an
27
event--the licensee is taken also to have the right; and
28
(b) if a program supplier of a commercial television broadcasting
29
licensee has an entitlement to confer on the licensee a right to
30
televise the whole or a part of an event--the licensee is taken
31
also to have the right.
32
145ZP Program suppliers
33
For the purposes of the application of this Division to an event, a
34
person is a program supplier of a commercial television
35
broadcasting licensee if:
36
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72 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(a) the person has an agreement to supply the licensee with
1
programs that can be televised by the licensee (whether or
2
not the programs include a program that consists of coverage
3
of the event); and
4
(b) the person supplies, or may reasonably be expected to supply,
5
the licensee with a substantial proportion of all the programs
6
that are, or are to be, televised by the licensee (whether or not
7
the programs are supplied under an agreement covered by
8
paragraph (a)).
9
Division 6--Notification requirements in relation to
10
anti-siphoning events
11
145ZQ Notification requirements--commercial television
12
broadcasting licensees
13
(1) If a commercial television broadcasting licensee acquires the right
14
to televise live the whole or a part of an anti-siphoning event in the
15
licence area for the licence, the licensee must:
16
(a) notify the ACMA, in writing, of:
17
(i) the acquisition; and
18
(ii) the attributes of the right; and
19
(b) do so within 10 business days after the acquisition.
20
Note:
See also section 145ZU (notification to be in approved form).
21
(2) If a commercial television broadcasting licensee ceases to have the
22
right to televise live the whole or a part of an anti-siphoning event
23
in the licence area for the licence, the licensee must:
24
(a) notify the ACMA, in writing, of:
25
(i) the cessation; and
26
(ii) the attributes of the right; and
27
(b) do so within 10 business days after the cessation.
28
Note 1:
See also section 145ZU (notification to be in approved form).
29
Note 2:
For compliance by licensees, see clause 7 of Schedule 2.
30
(3) Subsection 140A(1), in so far as that subsection deals with a breach
31
of the licence condition set out in paragraph 7(1)(hb) of
32
Schedule 2, is a designated infringement notice provision.
33
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 73
Note:
Paragraph 7(1)(hb) of Schedule 2 requires a commercial television
1
broadcasting licensee to comply with the requirements set out in this
2
section.
3
145ZR Notification requirements--program suppliers of
4
commercial television broadcasting licensees
5
(1) If, as at the commencement of this section, a program supplier of a
6
commercial television broadcasting licensee has an entitlement to
7
confer on the commercial television broadcasting licensee the right
8
to televise live the whole or a part of an anti-siphoning event, the
9
program supplier must:
10
(a) notify the ACMA, in writing, of:
11
(i) the holding of the entitlement; and
12
(ii) the attributes of the right; and
13
(b) do so within 10 business days after the commencement of
14
this section.
15
Note:
See also section 145ZU (notification to be in approved form).
16
(2) If a program supplier of a commercial television broadcasting
17
licensee acquires an entitlement to confer on the commercial
18
television broadcasting licensee the right to televise live the whole
19
or a part of an anti-siphoning event, the program supplier must:
20
(a) notify the ACMA, in writing, of:
21
(i) the acquisition; and
22
(ii) the attributes of the right; and
23
(b) do so within 10 business days after the acquisition.
24
Note:
See also section 145ZU (notification to be in approved form).
25
(3) If a program supplier of a commercial television broadcasting
26
licensee ceases to have an entitlement to confer on the commercial
27
television broadcasting licensee the right to televise live the whole
28
or a part of an anti-siphoning event, the program supplier must:
29
(a) notify the ACMA, in writing, of:
30
(i) the cessation; and
31
(ii) the attributes of the right; and
32
(b) do so within 10 business days after the cessation.
33
Note:
See also section 145ZU (notification to be in approved form).
34
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74 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Civil penalty provision
1
(4) Subsections (1), (2) and (3) are civil penalty provisions.
2
Designated infringement notice provisions
3
(5) Subsections (1), (2) and (3) are designated infringement notice
4
provisions.
5
Continuing breaches
6
(6) A person who contravenes subsection (1), (2) or (3) commits a
7
separate contravention of that subsection in respect of each day
8
(including a day of the making of a relevant civil penalty order or
9
any subsequent day) during which the contravention continues.
10
145ZS Notification requirements--national broadcasters
11
(1) If a national broadcaster acquires the right to televise live the
12
whole or a part of an anti-siphoning event in a coverage area, the
13
national broadcaster must:
14
(a) notify the ACMA, in writing, of:
15
(i) the acquisition; and
16
(ii) the attributes of the right; and
17
(b) do so within 10 business days after the acquisition.
18
Note:
See also section 145ZU (notification to be in approved form).
19
(2) If a national broadcaster ceases to have the right to televise live the
20
whole or a part of an anti-siphoning event in a coverage area, the
21
national broadcaster must:
22
(a) notify the ACMA, in writing, of:
23
(i) the cessation; and
24
(ii) the attributes of the right; and
25
(b) do so within 10 business days after the cessation.
26
Note:
See also section 145ZU (notification to be in approved form).
27
145ZT Notification requirements--program suppliers of national
28
broadcasters
29
(1) If, as at the commencement of this section, a program supplier of a
30
national broadcaster has an entitlement to confer on the national
31
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 75
broadcaster the right to televise live the whole or a part of an
1
anti-siphoning event, the program supplier must:
2
(a) notify the ACMA, in writing, of:
3
(i) the holding of the entitlement; and
4
(ii) the attributes of the right; and
5
(b) do so within 10 business days after the commencement of
6
this section.
7
Note:
See also section 145ZU (notification to be in approved form).
8
(2) If a program supplier of a national broadcaster acquires an
9
entitlement to confer on the national broadcaster the right to
10
televise live the whole or a part of an anti-siphoning event, the
11
program supplier must:
12
(a) notify the ACMA, in writing, of:
13
(i) the acquisition; and
14
(ii) the attributes of the right; and
15
(b) do so within 10 business days after the acquisition.
16
Note:
See also section 145ZU (notification to be in approved form).
17
(3) If a program supplier of a national broadcaster ceases to have an
18
entitlement to confer on the national broadcaster the right to
19
televise live the whole or a part of an anti-siphoning event, the
20
program supplier must:
21
(a) notify the ACMA, in writing, of:
22
(i) the cessation; and
23
(ii) the attributes of the right; and
24
(b) do so within 10 business days after the cessation.
25
Note:
See also section 145ZU (notification to be in approved form).
26
Civil penalty provision
27
(4) Subsections (1), (2) and (3) are civil penalty provisions.
28
Designated infringement notice provisions
29
(5) Subsections (1), (2) and (3) are designated infringement notice
30
provisions.
31
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76 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
Continuing breaches
1
(6) A person who contravenes subsection (1), (2) or (3) commits a
2
separate contravention of that subsection in respect of each day
3
(including a day of the making of a relevant civil penalty order or
4
any subsequent day) during which the contravention continues.
5
145ZU Notification to be in approved form
6
A notification under a provision of this Division must be in a form
7
approved, in writing, by the ACMA for the purposes of the
8
provision.
9
Division 7--Review of anti-siphoning provisions
10
145ZV Review of anti-siphoning provisions
11
(1) Before 31 December 2014, the Minister must cause to be
12
conducted a review of the following matters:
13
(a) the operation of Part 10A;
14
(b) the operation of paragraph 7(1)(ha) of Schedule 2;
15
(c) the operation of paragraph 7(1)(hb) of Schedule 2;
16
(d) the operation of paragraph 7(1)(ob) of Schedule 2;
17
(e) the operation of paragraph 10(1)(e) of Schedule 2;
18
(f) whether Part 10A should be amended or repealed;
19
(g) whether paragraph 7(1)(ha) of Schedule 2 should be amended
20
or repealed;
21
(h) whether paragraph 7(1)(hb) of Schedule 2 should be
22
amended or repealed;
23
(i) whether paragraph 7(1)(ob) of Schedule 2 should be
24
amended or repealed;
25
(j) whether paragraph 10(1)(e) of Schedule 2 should be amended
26
or repealed.
27
(2) The Minister must cause to be prepared a report of a review under
28
subsection (1).
29
(3) The Minister must cause copies of a report to be tabled in each
30
House of the Parliament within 15 sitting days of that House after
31
the completion of the report.
32
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 77
12 Section 204 (table item dealing with subsection 146D(4))
1
Repeal the table item.
2
13 After paragraph 205F(4A)(a)
3
Insert:
4
(ba) subsection 145J(1); or
5
(bb) subsection 145P(1); or
6
(bc)
subsection
145ZO(1);
or
7
(bd)
subsection
145ZO(2);
or
8
(be)
subsection
145ZO(3);
or
9
(bf) subsection 145ZR(1); or
10
(bg) subsection 145ZR(2); or
11
(bh) subsection 145ZR(3); or
12
(bi) subsection 145ZT(1); or
13
(bj) subsection 145ZT(2); or
14
(bk) subsection 145ZT(3); or
15
14 After subsection 205F(4B)
16
Insert:
17
(4C) The pecuniary penalty payable by a person in respect of a
18
contravention of subsection 145J(1), 145P(1), 145ZO(1),
19
145ZO(2) or 145ZO(3) must not exceed 2,000 penalty units.
20
(4D) The pecuniary penalty payable by a person in respect of a
21
contravention of subsection 145ZR(1), 145ZR(2), 145ZR(3),
22
145ZT(1), 145ZT(2) or 145ZT(3) must not exceed 500 penalty
23
units.
24
15 After subsection 205F(5A)
25
Insert:
26
(5AA) Subsection (5) does not apply to a contravention of subsection
27
205E(1) that relates to:
28
(a) subsection 145J(1); or
29
(b) subsection 145P(1); or
30
(c)
subsection
145ZO(1);
or
31
(d)
subsection
145ZO(2);
or
32
(e)
subsection
145ZO(3);
or
33
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78 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(f) subsection 145ZR(1); or
1
(g) subsection 145ZR(2); or
2
(h) subsection 145ZR(3); or
3
(i) subsection 145ZT(1); or
4
(j) subsection 145ZT(2); or
5
(k)
subsection
145ZT(3).
6
16 After subsection 205F(5B)
7
Insert:
8
(5C) The pecuniary penalty payable by a person in respect of a
9
contravention of subsection 205E(1) that relates to subsection
10
145J(1), 145P(1), 145ZO(1), 145ZO(2) or 145ZO(3) must not
11
exceed 2,000 penalty units.
12
(5D) The pecuniary penalty payable by a person in respect of a
13
contravention of subsection 205E(1) that relates to subsection
14
145ZR(1), 145ZR(2), 145ZR(3), 145ZT(1), 145ZT(2) or 145ZT(3)
15
must not exceed 500 penalty units.
16
17 Paragraph 205F(6)(a)
17
Omit "or 142A(3)", substitute ", 142A(3), 145ZR(6) or 145ZT(6)".
18
18 Paragraph 7(1)(ha) of Schedule 2
19
Omit "will not contravene the anti-hoarding rule (within the meaning of
20
section 146E)", substitute "will comply with section 145H".
21
19 Paragraph 7(1)(hb) of Schedule 2
22
Omit "115B", substitute "145ZQ".
23
20 Paragraph 7(1)(ob) of Schedule 2
24
Repeal the paragraph, substitute:
25
(ob) if a section of Subdivision A of Division 4 of Part 10A
26
(which imposes restrictions on the televising of Tier A
27
anti-siphoning events) applies to the licensee--the licensee
28
will comply with that section;
29
21 Paragraph 10(1)(e) of Schedule 2
30
Repeal the paragraph, substitute:
31
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 79
(e) the licensee will comply with section 145ZN (which deals
1
with limits on acquisition of rights to televise anti-siphoning
2
events);
3
22 Subclauses 10(1A) and (1B) of Schedule 2
4
Repeal the subclauses.
5
23 Part 4A of Schedule 4 (heading)
6
Repeal the heading, substitute:
7
Part 4A--Primary television broadcasting services
8
24 Division 1 of Part 4A of Schedule 4 (heading)
9
Repeal the heading.
10
25 Clauses 41A to 41FB of Schedule 4
11
Repeal the clauses.
12
26 Division 2 of Part 4A of Schedule 4 (heading)
13
Repeal the heading.
14
27 Clauses 41H to 41LB of Schedule 4
15
Repeal the clauses.
16
28 Transitional--coverage obligations for rights acquired
17
after 25 November 2010
18
Commercial television broadcasting licensees
19
(1) If:
20
(a) as at the commencement of this item, a commercial television
21
broadcasting licensee has the right to televise an event; and
22
(b) the commercial television broadcasting licensee acquired the
23
right during the period:
24
(i) beginning at the start of 25 November 2010; and
25
(ii) ending at the commencement of this item; and
26
(c) at the time when the right was acquired by the commercial
27
television broadcasting licensee, the event was, or was of a
28
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80 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
kind, specified in a notice in force under repealed subsection
1
115(1) of the Broadcasting Services Act 1992; and
2
(d) immediately after the commencement of this item, the event
3
is an anti-siphoning event within the meaning of the
4
Broadcasting Services Act 1992 as amended by this Part; and
5
(e) the event is scheduled to start after the end of the 150-day
6
period beginning at the commencement of this item; and
7
(f) the event is not a transitional AFL Grand Final;
8
then:
9
(g) section 145H of the Broadcasting Services Act 1992 as
10
amended by this Part has effect, after the commencement of
11
this item, as if the commercial television broadcasting
12
licensee had acquired the right when the event was an
13
anti-siphoning event within the meaning of the Broadcasting
14
Services Act 1992 as amended by this Part; and
15
(h) subsection 139(1) of the Broadcasting Services Act 1992
16
does not apply to a breach by the commercial television
17
broadcasting licensee, after the commencement of this item,
18
of the licence condition set out in paragraph 7(1)(ha) of
19
Schedule 2 to that Act, in so far as that breach relates to the
20
event.
21
National broadcasters
22
(2) If:
23
(a) as at the commencement of this item, a national broadcaster
24
has the right to televise an event; and
25
(b) the national broadcaster acquired the right during the period:
26
(i) beginning at the start of 25 November 2010; and
27
(ii) ending at the commencement of this item; and
28
(c) at the time when the right was acquired by the national
29
broadcaster, the event was, or was of a kind, specified in a
30
notice in force under repealed subsection 115(1) of the
31
Broadcasting Services Act 1992; and
32
(d) immediately after the commencement of this item, the event
33
is an anti-siphoning event within the meaning of the
34
Broadcasting Services Act 1992 as amended by this Part; and
35
(e) the event is scheduled to start after the end of the 150-day
36
period beginning at the commencement of this item; and
37
(f) the event is not a transitional AFL Grand Final;
38
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 81
section 145N of the Broadcasting Services Act 1992 as amended by this
1
Part has effect, after the commencement of this item, as if the national
2
broadcaster had acquired the right when the event was an anti-siphoning
3
event within the meaning of the Broadcasting Services Act 1992 as
4
amended by this Part.
5
Program suppliers of commercial television broadcasting
6
licensees
7
(3) If:
8
(a) as at the commencement of this item, a program supplier of a
9
commercial television broadcasting licensee has an
10
entitlement to confer on the commercial television
11
broadcasting licensee a right to televise an event; and
12
(b) the program supplier acquired the entitlement during the
13
period:
14
(i) beginning at the start of 25 November 2010; and
15
(ii) ending at the commencement of this item; and
16
(c) at the time the entitlement was acquired by the program
17
supplier, the event was, or was of a kind, specified in a notice
18
in force under repealed subsection 115(1) of the
19
Broadcasting Services Act 1992; and
20
(d) immediately after the commencement of this item, the event
21
is an anti-siphoning event within the meaning of the
22
Broadcasting Services Act 1992 as amended by this Part; and
23
(e) the event is scheduled to start after the end of the 150-day
24
period beginning at the commencement of this item; and
25
(f) the event is not a transitional AFL Grand Final;
26
section 145J of the Broadcasting Services Act 1992 as amended by this
27
Part has effect, after the commencement of this item, as if the program
28
supplier had acquired the entitlement when the event was an
29
anti-siphoning event within the meaning of the Broadcasting Services
30
Act 1992 as amended by this Part.
31
Program suppliers of national broadcasters
32
(4) If:
33
(a) as at the commencement of this item, a program supplier of a
34
national broadcaster has an entitlement to confer on the
35
national broadcaster a right to televise an event; and
36
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82 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
(b) the program supplier acquired the entitlement during the
1
period:
2
(i) beginning at the start of 25 November 2010; and
3
(ii) ending at the commencement of this item; and
4
(c) at the time the entitlement was acquired by the program
5
supplier, the event was, or was of a kind, specified in a notice
6
in force under repealed subsection 115(1) of the
7
Broadcasting Services Act 1992; and
8
(d) immediately after the commencement of this item, the event
9
is an anti-siphoning event within the meaning of the
10
Broadcasting Services Act 1992 as amended by this Part; and
11
(e) the event is scheduled to start after the end of the 150-day
12
period beginning at the commencement of this item; and
13
(f) the event is not a transitional AFL Grand Final;
14
section 145P of the Broadcasting Services Act 1992 as amended by this
15
Part has effect, after the commencement of this item, as if the program
16
supplier had acquired the entitlement when the event was an
17
anti-siphoning event within the meaning of the Broadcasting Services
18
Act 1992 as amended by this Part.
19
Transitional AFL Grand Final
20
(5)
For the purposes of this item, an event is a transitional AFL Grand
21
Final if:
22
(a) the event is a match in an AFL Premiership competition; and
23
(b) the event is known as the grand final of the competition; and
24
(c) the event is scheduled to occur during any of the following
25
years:
26
(i)
2012;
27
(ii)
2013;
28
(iii)
2014;
29
(iv)
2015;
30
(v)
2016.
31
29 Transitional--commercial television broadcasting
32
licences
33
(1)
Despite the repeal of paragraph 7(1)(ob) of Schedule 2 to the
34
Broadcasting Services Act 1992 by this Schedule, that paragraph
35
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Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012 83
continues to apply, after the commencement of this item, in relation to a
1
pre-commencement breach, as if the repeal had not happened.
2
(2)
In this item:
3
pre-commencement breach means a failure, before the commencement
4
of this item, to comply with a clause of Division 1 of Part 4A of
5
Schedule 4 to the Broadcasting Services Act 1992.
6
30 Transitional--subscription television broadcasting
7
licences
8
(1)
Despite the repeal of paragraph 10(1)(e) of Schedule 2 to the
9
Broadcasting Services Act 1992 by this Schedule, that paragraph
10
continues to apply, after the commencement of this item, in relation to a
11
pre-commencement acquisition, as if the repeal had not happened.
12
(2)
In this item:
13
pre-commencement acquisition means the acquisition, before the
14
commencement of this item, of a particular right to televise an event.
15
31 Transitional--notification requirements
16
(1)
Despite the repeal of sections 115B to 115E of the Broadcasting
17
Services Act 1992 by this Schedule, those sections continue to apply,
18
after the commencement of this item, in relation to a requirement to
19
notify:
20
(a) a pre-commencement acquisition; or
21
(b) a pre-commencement cessation;
22
as if the repeal had not happened.
23
(2)
Despite the amendments of the following provisions of the
24
Broadcasting Services Act 1992 made by this Schedule:
25
(a)
section
205F;
26
(b) paragraph 7(1)(hb) of Schedule 2;
27
those provisions continue to apply, after the commencement of this
28
item, in relation to a requirement to notify:
29
(c) a pre-commencement acquisition; or
30
(d) a pre-commencement cessation;
31
as if the amendments had not been made.
32
(3)
In this item:
33
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84 Broadcasting Services Amendment (Anti-siphoning) Bill 2012 No. , 2012
pre-commencement acquisition means the acquisition, before the
1
commencement of this item, of a particular right to televise the whole or
2
a part of an event.
3
pre-commencement cessation means the cessation, before the
4
commencement of this item, of the holding of a particular right to
5
televise the whole or a part of an event.
6