Document ID: chunk:federal_register_of_legislation:C2025C00023:section:146w
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 146W
Character Range: 733612–735284

146W  Events in anti‑siphoning list should be televised for free
 (1) This section applies to a media content service provider, other than:
 (a) a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)); or
 (b) a national broadcaster.
 (2) A media content service provider must not acquire the right to televise or otherwise provide coverage of the whole or a part of an event that is included in the anti‑siphoning list to end‑users in Australia unless:
 (a) a national broadcaster has the right to televise the whole or a part of the event on any of its broadcasting services; or
 (b) both of the following apply:
 (i) one or more commercial television broadcasting licensees (other than licensees who hold licences allocated under section 38C or subsection 40(1)) have the right to televise the whole or a part of the event;
 (ii) the television broadcasting services of that licensee, or of those licensees, cover a total of more than 50% of the Australian population.
 (3) Subsection (2) is a civil penalty provision.

Exception
 (4) The Minister may, by legislative instrument, determine that subsection (2) does not apply to a specified media content service provider if the Minister is satisfied that it is appropriate to do so.
 (5) In making such a determination, the Minister may have regard to the following:
 (a) the object in paragraph 3(1)(eb);
 (b) the extent to which the application of subsection (2) of this section to the provider would, in the circumstances, impose an undue burden or restriction on the provider;
 (c) any other matter the Minister considers relevant.