Commonwealth Consolidated Acts

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BROADCASTING SERVICES ACT 1992 - SECT 116

Certain arrangements not to result in control or in persons being associates

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

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

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

  (c)   joint use is made of facilities for:

  (i)   transmitting programs; or

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

  (d)   such other things as are prescribed.

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


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