Commonwealth Numbered Acts

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BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 11

Transfer of remote licences
11. Section 89CA of the Principal Act is amended by adding at the end the
following subsections:

"(6) For the purposes of this section, where, under a networking agreement,
programs are supplied to the holder of a remote licence by a party to the
agreement, the party, or a person who holds a direct or indirect interest in
the party, is not taken to be admitted by the holder to participate in any of
the benefits of the licence, or to exercise any of the powers or authorities
granted by the licence, just because of:

   (a)  the terms of the agreement that relate to the supply of the programs;
        or

   (b)  a business relationship created by those terms; or

   (c)  the dependence of the holder on that supply for the provision of the
        service under the licence.

"(7) For the purposes of this section, where the holder of a remote licence
makes payments of a proportion of the holder's gross earnings to a person for
the purpose of distribution among the owners of copyrights, that person and
the persons among whom the payments are distributed are not taken to be
admitted by the holder to participate in any of the benefits of the licence,
or to exercise any of the powers or authorities granted by the licence, just
because of the payments or distribution.". 


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