Document ID: chunk:federal_register_of_legislation:C2004A04989:body:0:p7
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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.".

Appeals to the Administrative Appeals Tribunal

10. Section 204 of the Principal Act is amended:

(a) by inserting the following row after the row in the table that relates to subsection 6(3):
   "  Refusal to allocate an additional licence  Section 38A  The licensee  ":

    (b) by omitting from the table the rows that relate to subsections 73(2) and 73(3) and substituting the following row:
   "  Refusal to grant an additional period  Section 73  The licensee  ".

Review of television broadcasting industry

11. Section 215 of the Principal Act is amended by omitting subsection (2) and substituting:

"(2) The Minister must, as soon as is practicable, but in any case before 1 July 1997, conduct a review of Australian content on subscription television broadcasting services, including into the feasibility of increasing to 20% the level of expenditure required under section 102.".

Control—general

12.(1) Schedule 1 to the Principal Act is amended:

    (a) by inserting in the first paragraph of subclause 1(1) "subscription television broadcasting licences," after "radio broadcasting licences, ";

(b) by omitting from the second paragraph of subclause 1(1) "commercial broadcasting".

(2) Schedule 1 to the Principal Act is amended:

(a) by omitting the 4th, 5th and 6th paragraphs of subclause 1(1) and substituting:

     "A person who has company interests exceeding 15% in a company is regarded as being in a position to control the company.";

(b) by omitting from subclause 6(1) ", in the absence of proof to the contrary, ";

(c) by omitting subclause 6(2);

    (d) by omitting from clause 7 "can still be expected to be" and substituting "is to be regarded as being";

    (e) by omitting from clause 7 "could ordinarily be expected to be" and substituting "is to be regarded as being";

    (f) by omitting from clause 7 all the words from and including "This would, of course" to the end of the clause;

    (g) by omitting from clause 8 "prima facie".

Conditions applicable to subscription television broadcasting licences

13. Clause 10 of Schedule 2 to the Principal Act is amended:

(a) by omitting paragraph (1)(e) and substituting:

      "(e) the licensee will not acquire the right to televise, on a subscription television broadcasting service, an event that is