Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1990 No. 7 of 1991 - SECT 14

14. After section 89E of the Principal Act the following section is inserted:
Networking agreements not to create certain interests or control

"89EA. (1) In this section: `competing licensee' means:

   (a)  the holder of a commercial television licence that is one of 2 or more
        such licences with co-extensive service areas; or

   (b)  the holder of a commercial television licence in an approved market
        who has been given notice under section 94J stating that the market is
        proceeding immediately towards aggregation; `networking agreement'
        means a written agreement lodged with the Tribunal that provides for
        the supply of programs to a competing licensee.

"(2) Where, under a networking agreement, programs are supplied to a competing
licensee by a party to the agreement, being programs for the provision of the
service under the licence because of which the licensee is a competing
licensee, then, for the purposes of paragraphs 92 (1) (a), 92JB (1) (a) and
92JB (2) (a), the party, or a person who holds a direct or indirect interest
in the party, is not taken to have a prescribed interest in that 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 licensee on that supply for the provision of the
        service under the licence.

"(3) Where, under a networking agreement, programs are supplied to a competing
licensee by a company that is a party to the agreement, being programs for the
provision of the service under the licence because of which the licensee is a
competing licensee, then, for the purposes of subsections 92C (1), 92JD (1)
and 92JD (2), the company is not taken to be in a position to exercise control
of that 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 licensee on that supply for the provision of the
        service under the licence.".