Document ID: chunk:federal_register_of_legislation:C2004A04989:body:0:p6
Version: federal_register_of_legislation:C2004A04989
Segment Type: other
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Character Range: 12494–15283

under subsection (1) is taken to be removed from the notice 168 hours after the end of the event, unless the Minister publishes in the Gazette before that time a declaration that the event continues to be specified in the notice after that time.

    "(2) The Minister may, by notice published in the Gazette, amend a notice under subsection (1) to remove an event from the notice.
       Note: The following are examples of situations in which the Minister might exercise the power to remove an event from a notice:
Example 1
       The national broadcasters and commercial television broadcasting licensees have had a real opportunity to acquire the right to televise an event, but none of them has acquired the right within a reasonable time. The Minister is of the opinion that removing the event from the notice is likely to have the effect that the event will be televised to a greater extent than if it remained on the notice.
Example 2
       A commercial television broadcasting licensee has acquired the right to televise an event, but has failed to televise the event or has televised only an unreasonably small proportion of the event. The Minister is of the opinion that removing that event, or another event, from the notice is likely to have the effect that the removed event will be televised to a greater extent than it would be if it remained on the notice.";

(c) by omitting subsection (3) and substituting:

"(3) Notices and declarations under this section are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.".

Certain arrangements not to result in control or in persons being associates

9. Section 116 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:

"(1) A person who is in a position to exercise control of a satellite subscription television broadcasting licence is not taken to be in a position to exercise control of another satellite subscription television broadcasting licence only because of a provision of a contract, arrangement or understanding under which all or any of the following things are done:

    (a) a subscriber management system is provided for subscribing to either or both of the subscription television broadcasting services being provided under those licences;

    (b) the subscription television broadcasting services being provided under those licences are marketed on a joint basis;

    (c) joint use is made of facilities for:

(i) transmitting programs; or

(ii) the 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