Document ID: chunk:federal_register_of_legislation:C2004A04989:body:0:p8
Version: federal_register_of_legislation:C2004A04989
Segment Type: other
Provision Reference: 
Character Range: 17661–20547

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 specified in a notice under subsection 115(1) unless:

          (i) a national broadcaster has the right to televise the event on its broadcasting service; or

          (ii) the television broadcasting services of commercial television broadcasting licensees who have the right to televise the event cover a total of more than 50% of the Australian population;";

    (b) by inserting after subclause (1):

    "(1A) For the purposes of subparagraph (1)(e)(ii), the percentage of the Australian population covered by the television broadcasting service of a commercial television broadcasting licensee is the percentage most recently specified by the ABA under paragraph 30(5)(a) for the licence area of the licensee's licence.

    "(1B) For the purposes of subparagraph (1)(e)(ii), if a program supplier for a commercial television broadcasting licensee has a right to televise an event, the licensee is taken also to have the right. For this purpose, 'program supplier' means a person who:

        (a) has an agreement to supply the licensee with program material that can be televised on the licensee's commercial television broadcasting service (whether or not the program material includes matter showing the event); and

        (b) supplies the licensee with a substantial proportion of all the program material that is televised on the licensee's commercial television broadcasting service (whether or not the material is supplied under the agreement mentioned in paragraph (a)).".

Application

14. The amendments of clause 10 of Schedule 2 of the Principal Act extend to subscription television broadcasting licences issued before the commencement of this Act.

Grandfathering for changes to the control rules

15.(1) If:

   (a) apart from this section, a person (the "relevant person") would be in breach of a particular control rule at a particular time (the "test time") after the commencement of this section; and

   (b) all the circumstances that are relevant to the breach were in existence at the end of 27 June 1995 (the "grandfather time"); and

   (c) the relevant person would not be in breach of that control rule at the test time if the amendments made by section 5 and subsection 12(2) of this Act had not been made; and

   (d) the relevant person was not in breach of that control rule immediately before the grandfather time;

then the relevant person is taken not to be in breach of that control rule at the test time.

(2) If:

   (a) particular circumstances that are relevant to the breach arose after the grandfather time; and

(b) the relevant person was not in a position to prevent those