Document ID: chunk:federal_register_of_legislation:C2025C00023:section:146d
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 146D
Character Range: 700297–702821

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.

ACMA 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 ACMA 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 ACMA 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 ACMA 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