Document ID: chunk:federal_register_of_legislation:C2004A00586:clause:1_146d
Version: federal_register_of_legislation:C2004A00586
Segment Type: clause
Provision Reference: sch 1 cl 146D
Character Range: 9021–11552

146D  Program suppliers

 (1) This section sets out the 3 situations in which a person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part.

Agreements

 (2) A person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part if:
 (a) the person has an agreement to supply the licensee with programs that can be televised by the licensee; and
 (b) the person supplies, or may reasonably be expected to supply, the licensee with at least two‑thirds of:
 (i) all the sporting programs that are, or are to be, televised by the licensee during the period when the agreement is in force; or
 (ii) all the prescribed programs that are, or are to be, televised by the licensee during the period when the agreement is in force;
  whether or not the programs are, or are to be, supplied under the agreement.

Related body corporate

 (3) A person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part if the person:
 (a) is a related body corporate of the licensee; and
 (b) supplies, or proposes to supply, the licensee with any of:
 (i) the sporting programs that are, or are to be, televised by the licensee; or
 (ii) the prescribed programs that are, or are to be, televised by the licensee.

ABA declaration

 (4) If:
 (a) apart from this subsection, a person is not a program supplier of a commercial television broadcasting licensee; and
 (b) the person supplies, or proposes to supply, the licensee with any of:
 (i) the sporting programs that are, or are to be, televised by the licensee; or
 (ii) the prescribed programs that are, or are to be, televised by the licensee; and
 (c) having regard to the following matters, the ABA is satisfied that the person should be treated as a program supplier of the licensee:
 (i) the purpose underlying this Part;
 (ii) whether the relationship between the person and the licensee was entered into or maintained for the sole or dominant purpose of avoiding the application of any provision of this Part;
 (iii) any other relevant matters;
the ABA may, by writing, declare that the person is a program supplier of the licensee for the purposes of this Part.

 (5) A declaration under subsection (4) has effect accordingly.

 (6) The ABA must arrange for a copy of a declaration under subsection (4) to be:
 (a) given to the person and licensee concerned; and
 (b) published in the Gazette.

Division 2—Commercial television broadcasting licensees