Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Broadcasting Services Act 1992, and for other purposes
Administered by: Broadband, Communications and the Digital Economy
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 26 Mar 2012
Introduced Senate 22 Mar 2012
Table of contents.

2010‑2011‑2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Broadcasting Services Amendment (Anti‑siphoning) Bill 2012

 

No.      , 2012

 

(Broadband, Communications and the Digital Economy)

 

 

 

A Bill for an Act to amend the Broadcasting Services Act 1992, and for other purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Part 1—Amendments commencing on the day after Royal Assent      3

Broadcasting Services Act 1992                                                                               3

Part 2—Amendments commencing on a day to be fixed by Proclamation           7

Broadcasting Services Act 1992                                                                               7

 


A Bill for an Act to amend the Broadcasting Services Act 1992, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Broadcasting Services Amendment (Anti‑siphoning) Act 2012.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1, Part 1

The day after this Act receives the Royal Assent.

 

3.  Schedule 1, Part 2

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

Part 1Amendments commencing on the day after Royal Assent

Broadcasting Services Act 1992

1  After section 115A

Insert:

115B  Interim notification requirements—commercial television broadcasting licensees

             (1)  If, as at the commencement of this section, a commercial television broadcasting licensee has a right to televise the whole or a part of an anti‑siphoning event in the licence area for the licence, the licensee must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the holding of the right; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the commencement of this section.

Note:          See also sections 115D and 115E.

             (2)  If a commercial television broadcasting licensee acquires the right to televise live the whole or a part of an anti‑siphoning event in the licence area for the licence, the licensee must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the acquisition; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the acquisition.

Note:          See also sections 115D and 115E.

             (3)  If a commercial television broadcasting licensee ceases to have the right to televise the whole or a part of an anti‑siphoning event in the licence area for the licence, the licensee must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the cessation; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the cessation.

Note 1:       See also sections 115D and 115E.

Note 2:       For compliance by licensees, see clause 7 of Schedule 2.

             (4)  Subsection 140A(1), in so far as that subsection deals with a breach of the licence condition set out in paragraph 7(1)(hb) of Schedule 2, is a designated infringement notice provision.

Note:          Paragraph 7(1)(hb) of Schedule 2 requires a commercial television broadcasting licensee to comply with the requirements set out in this section.

115C  Interim notification requirements—national broadcasters

             (1)  If, as at the commencement of this section, a national broadcaster has a right to televise the whole or a part of an anti‑siphoning event in a coverage area, the national broadcaster must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the holding of the right; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the commencement of this section.

Note:          See also sections 115D and 115E.

             (2)  If a national broadcaster acquires the right to televise the whole or a part of an anti‑siphoning event in a coverage area, the national broadcaster must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the acquisition; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the acquisition.

Note:          See also sections 115D and 115E.

             (3)  If a national broadcaster ceases to have the right to televise the whole or a part of an anti‑siphoning event in a coverage area, the national broadcaster must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the cessation; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the cessation.

Note:          See also sections 115D and 115E.

             (4)  In this section:

coverage area has the same meaning as in Schedule 4.

115D  Notification to be in approved form

                   A notification under a provision of:

                     (a)  section 115B; or

                     (b)  section 115C;

must be in a form approved, in writing, by the ACMA for the purposes of the provision.

115E  Exemptions from interim notification requirements

             (1)  A right to televise a part of an anti‑siphoning event is exempt from sections 115B and 115C so far as the right is a right to televise the part in a news program.

             (2)  The Minister may, by legislative instrument, determine one or more exemptions from sections 115B and 115C so far as those sections relate to a right to televise a part of an anti‑siphoning event.

             (3)  An exemption under subsection (2) may be:

                     (a)  unconditional; or

                     (b)  subject to such conditions (if any) as are specified in the determination.

             (4)  For the purposes of this section, news program means:

                     (a)  a news bulletin; or

                     (b)  a sports news bulletin.

2  Subsection 205F(4)

Omit “(other than subsection 205E(1))”.

3  After subsection 205F(4)

Insert:

          (4A)  Subsection (4) does not apply to a contravention of:

                     (a)  subsection 140A(1), in so far as subsection 140A(1) deals with a breach of the licence condition set out in paragraph 7(1)(hb) of Schedule 2; or

                     (b)  subsection 205E(1).

          (4B)  The pecuniary penalty payable by a person in respect of a contravention of subsection 140A(1), in so far as subsection 140A(1) deals with a breach of the licence condition set out in paragraph 7(1)(hb) of Schedule 2, must not exceed 500 penalty units.

4  After subsection 205F(5)

Insert:

          (5A)  Subsection (5) does not apply to a contravention of subsection 205E(1) that relates to subsection 140A(1) in so far as subsection 140A(1) deals with a breach of the licence condition set out in paragraph 7(1)(hb) of Schedule 2.

          (5B)  The pecuniary penalty payable by a person in respect of a contravention of subsection 205E(1) that relates to subsection 140A(1), in so far as subsection 140A(1) deals with a breach of the licence condition set out in paragraph 7(1)(hb) of Schedule 2, must not exceed 500 penalty units.

5  Section 205ZD (heading)

Repeal the heading, substitute:

205ZD  Effect of this Part on proceedings

6  After paragraph 7(1)(ha) of Schedule 2

Insert:

                   (hb)  the licensee will comply with the requirements set out in section 115B;

7  Paragraph 41B(1)(a) of Schedule 4

Omit “(2C) or (2CB)”, substitute “(2C), (2CB), (2D) or (2DB)”.

8  Paragraph 41D(1)(a) of Schedule 4

Omit “(2C) or (2CB)”, substitute “(2C), (2CB), (2D) or (2DB)”.


 

Part 2Amendments commencing on a day to be fixed by Proclamation

Broadcasting Services Act 1992

9  Subsection 6(1) (definition of anti‑siphoning event)

Repeal the definition, substitute:

anti‑siphoning event means:

                     (a)  a Tier A anti‑siphoning event; or

                     (b)  a Tier B anti‑siphoning event.

Note:          For Tier A anti‑siphoning event and Tier B anti‑siphoning event, see section 145E.

10  Sections 115 to 115E

Repeal the sections.

11  Part 10A

Repeal the Part, substitute:

Part 10AAnti‑siphoning events

Division 1Introduction

145  Simplified outline

                   The following is a simplified outline of this Part:

•      This Part deals with events (anti‑siphoning events) that, in the Minister’s opinion, should be available free to the general public.

•      An anti‑siphoning event is an event declared by the Minister to be a Tier A anti‑siphoning event or a Tier B anti‑siphoning event.

•      Commercial television broadcasting licensees and national broadcasters are subject to obligations in relation to the televising of anti‑siphoning events.

•      Commercial television broadcasting licensees and national broadcasters are subject to restrictions in relation to the televising of Tier A anti‑siphoning events on multi‑channels.

•      Subscription television broadcasting licensees are subject to restrictions in relation to the acquisition of rights to televise anti‑siphoning events.

•      Restrictions are imposed in relation to the conferral on content service providers (for example, the operator of an internet streaming service) of the right to provide live coverage of anti‑siphoning events.

Note:          Subsection 6(1) provides that anti‑siphoning event means:

(a)    a Tier A anti‑siphoning event; or

(b)    a Tier B anti‑siphoning event.

145A  Definitions

                   In this Part:

AFL Premiership competition means:

                     (a)  either:

                              (i)  the multi‑round competition known in the community as the Australian Football League Premiership or the AFL Premiership (including, if there is a change in the name by which that competition is known in the community, the competition known in the community by the changed name); or

                             (ii)  a multi‑round competition that is the successor (whether immediate or otherwise) to the competition mentioned in subparagraph (i); or

                     (b)  a multi‑round Australian football competition that:

                              (i)  involves teams from 2 or more States; and

                             (ii)  is prescribed for the purposes of this paragraph.

For the purposes of this definition, State includes the Australian Capital Territory and the Northern Territory.

applicable group day, in relation to a designated group, has the meaning given by section 145F.

associated set conditions, in relation to a Category B quota group, has the meaning given by section 145G.

Category A quota group has the meaning given by section 145G.

Category B quota group has the meaning given by section 145G.

content service has the same meaning as in Schedule 7.

content service provider has the same meaning as in Schedule 7.

core/primary national television broadcasting service, in relation to a national broadcaster, has the meaning given by section 145ZL.

coverage area has the same meaning as in Schedule 4.

daily minimum number of hours, in relation to a designated group, has the meaning given by section 145F.

designated group has the meaning given by section 145F.

HDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

HDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4.

licence area means a licence area for a commercial television broadcasting licence.

live (except when used in section 145ZO) has the meaning given by section 145B.

multi‑channelled commercial television broadcasting service means:

                     (a)  a SDTV multi‑channelled commercial television broadcasting service; or

                     (b)  a HDTV multi‑channelled commercial television broadcasting service.

multi‑channelled national television broadcasting service means:

                     (a)  a SDTV multi‑channelled national television broadcasting service; or

                     (b)  a HDTV multi‑channelled national television broadcasting service.

national television broadcasting service means a national broadcasting service that provides television programs.

news program means:

                     (a)  a news bulletin; or

                     (b)  a sports news bulletin.

NRL Premiership competition means:

                     (a)  either:

                              (i)  the multi‑round competition known in the community as the National Rugby League Premiership or the NRL Premiership (including, if there is a change in the name by which that competition is known in the community, the competition known in the community by the changed name); or

                             (ii)  a multi‑round competition that is the successor (whether immediate or otherwise) to the competition mentioned in subparagraph (i); or

                     (b)  a multi‑round rugby league competition that:

                              (i)  involves teams from 2 or more States; and

                             (ii)  is prescribed for the purposes of this paragraph.

For the purposes of this definition, State includes the Australian Capital Territory and the Northern Territory.

primary commercial television broadcasting service, in relation to a commercial television broadcasting licence, has the same meaning as in Schedule 4.

primary national television broadcasting service, in relation to a national broadcaster, has the same meaning as in Schedule 4.

primary satellite national television broadcasting service, in relation to a national broadcaster, has the same meaning as in Schedule 4.

program supplier:

                     (a)  when used in Division 5—has the meaning given by section 145ZP; or

                     (b)  otherwise—has the meaning given by section 145C.

quota group means:

                     (a)  a Category A quota group; or

                     (b)  a Category B quota group.

quota number, in relation to a quota group, has the meaning given by section 145G.

satellite delivery area has the same meaning as in Schedule 4.

scheme means:

                     (a)  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or

                     (b)  any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.

SDTV multi‑channelled commercial television broadcasting service has the same meaning as in Schedule 4.

SDTV multi‑channelled national television broadcasting service has the same meaning as in Schedule 4.

simulcast‑equivalent period has the same meaning as in Schedule 4.

simulcast period has the same meaning as in Schedule 4.

supply, in relation to programs, includes confer rights to televise the programs.

televise means:

                     (a)  in relation to a commercial television broadcasting licensee—televise on a commercial television broadcasting service provided by the licensee; or

                     (b)  in relation to a national broadcaster—televise on a national television broadcasting service provided by the broadcaster.

Tier A anti‑siphoning event has the meaning given by section 145E.

Tier B anti‑siphoning event has the meaning given by section 145E.

total minimum number of hours, in relation to a designated group, has the meaning given by section 145F.

145B  Live

Tier A anti‑siphoning events

             (1)  For the purposes of this Part, live, in relation to the televising of the whole or a part of a Tier A anti‑siphoning event, means:

                     (a)  with no delay; or

                     (b)  with as short a delay as is technically feasible.

Tier B anti‑siphoning events in a designated group

             (2)  For the purposes of this Part, live, in relation to the televising of the whole or a part of a Tier B anti‑siphoning event that is in a designated group, means:

                     (a)  with no delay; or

                     (b)  with a delayed starting time of not more than 24 hours.

Tier B anti‑siphoning events not in a designated group

             (3)  For the purposes of this Part, live, in relation to the televising in a licence area (the relevant licence area) or a coverage area (the relevant coverage area) of the whole or a part of a Tier B anti‑siphoning event that is not in a designated group, means:

                     (a)  in any case—with no delay; or

                     (b)  if:

                              (i)  the event is not a match in an AFL Premiership competition; and

                             (ii)  the Minister, by legislative instrument, specifies a number of hours, in relation to the televising of the event, that is less than 4;

                            with a delayed starting time of not more than that number of hours; or

                     (c)  if:

                              (i)  paragraph (b) does not apply; and

                             (ii)  the event is not a match in an AFL Premiership competition; and

                            (iii)  the Minister, by legislative instrument, specifies a number of hours, in relation to the televising of the event in one or more specified licence areas; and

                            (iv)  the number is less than 4; and

                             (v)  in the case of televising in the relevant licence area—the licence areas specified in the instrument consist of or include the relevant licence area; and

                            (vi)  in the case of televising in the relevant coverage area—the licence areas specified in the instrument consist of or include the licence area that corresponds to the relevant coverage area;

                            with a delayed starting time of not more than that number of hours; or

                     (d)  if neither paragraph (b) nor (c) applies—with a delayed starting time of not more than 4 hours.

Section 145ZO

             (4)  This section does not apply in relation to section 145ZO.

145C  Program suppliers

Licensees

             (1)  For the purposes of this Part (other than Division 5), a person is a program supplier of:

                     (a)  a commercial television broadcasting licensee; or

                     (b)  a subscription television broadcasting licensee;

if the person has an arrangement, or proposes to enter into an arrangement, to supply the licensee:

                     (c)  directly; or

                     (d)  indirectly (through one or more interposed entities);

with programs that can be televised by the licensee.

National broadcasters

             (2)  For the purposes of this Part, a person is a program supplier of a national broadcaster if the person has an arrangement, or proposes to enter into an arrangement, to supply the national broadcaster:

                     (a)  directly; or

                     (b)  indirectly (through one or more interposed entities);

with programs that can be televised by the national broadcaster.

Exception—sporting organisations

             (3)  This section does not apply in relation to an arrangement, or a proposal to enter into an arrangement, under which a person is to supply a commercial television broadcasting licensee or a national broadcaster with a program, if:

                     (a)  the program consists of coverage of the whole or a part of a sporting event; and

                     (b)  the person is a body corporate that:

                              (i)  has control of the sporting event; or

                             (ii)  organises or administers the sporting event.

145D  Exemptions from this Part

             (1)  A right to televise a part of an anti‑siphoning event is exempt from this Part so far as the right is a right to televise the part in a news program.

             (2)  The Minister may, by legislative instrument, determine one or more exemptions from this Part so far as this Part relates to a right to televise a part of an anti‑siphoning event.

             (3)  An exemption under subsection (2) may be:

                     (a)  unconditional; or

                     (b)  subject to such conditions (if any) as are specified in the determination.

Division 2Anti‑siphoning events

145E  Anti‑siphoning events

Anti‑siphoning events

             (1)  The Minister may, by legislative instrument, declare that a specified event is a Tier A anti‑siphoning event for the purposes of this Act.

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

             (2)  The Minister may, by legislative instrument, declare that a specified event is a Tier B anti‑siphoning event for the purposes of this Act.

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

             (3)  The Minister must not declare an event under subsection (1) or (2) unless, in the opinion of the Minister, the event should be available free to the general public.

When an event ceases to be an anti‑siphoning event

             (4)  For the purposes of this Act, an event declared under subsection (1) or (2) ceases to be an anti‑siphoning event 24 hours after the end of the event unless, before that time, the Minister, by legislative instrument, declares that the event continues to be an anti‑siphoning event.

             (5)  Subsection (4) has effect subject to subsection (6).

             (6)  For the purposes of sections 145ZN and 145ZO, an event declared under this section ceases to be an anti‑siphoning event:

                     (a)  if the event is in a designated group—4,368 hours before the start of the first anti‑siphoning event in the group; or

                     (b)  if the event is a match in an AFL Premiership competition (but is not in a designated group):

                              (i)  4,368 hours before the start of the first event in the AFL Premiership competition; or

                             (ii)  if the Minister, by legislative instrument, specifies another number of hours (not exceeding 8,736) in relation to the AFL Premiership competition—that number of hours before the start of the first event in the AFL Premiership competition; or

                     (c)  if the event is a match in an NRL Premiership competition (but is not in a designated group):

                              (i)  4,368 hours before the start of the first event in the NRL Premiership competition; or

                             (ii)  if the Minister, by legislative instrument, specifies another number of hours (not exceeding 8,736) in relation to the NRL Premiership competition—that number of hours before the start of the first event in the NRL Premiership competition; or

                     (d)  if:

                              (i)  the event is part of a multi‑round competition (other than an AFL Premiership competition or an NRL Premiership competition); and

                             (ii)  the event is not in a designated group; and

                            (iii)  the Minister, by legislative instrument, specifies a number of hours in relation to the multi‑round competition;

                            that number of hours before the start of the first event in the multi‑round competition; or

                     (e)  otherwise—4,368 hours before the start of the event;

unless:

                      (f)  the Minister is satisfied that at least one commercial television broadcasting licensee or national broadcaster has not had a reasonable opportunity to acquire the right to televise the event; and

                     (g)  before the time applicable under paragraph (a), (b), (c), (d) or (e), as the case may be, in relation to the event, the Minister, by legislative instrument, declares that the event continues to be an anti‑siphoning event.

Note 1:       Section 145ZN deals with acquisition of rights by subscription television broadcasting licensees.

Note 2:       Section 145ZO deals with conferral of rights on content service providers.

Note 3:       For designated group, see section 145F.

Variation and revocation

             (7)  Subsections (4) and (6) of this section do not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to declarations under subsection (1) or (2) of this section.

Territorial application

             (8)  For the purposes of this section, it is immaterial whether an event occurs inside or outside Australia.

145F  Designated groups etc.

             (1)  The Minister may, by legislative instrument, determine that:

                     (a)  specified Tier B anti‑siphoning events are a designated group for the purposes of this Act; and

                     (b)  a specified number of hours is the total minimum number of hours for the designated group.

Note 1:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note 2:       For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

             (2)  The Minister may, by legislative instrument, determine that:

                     (a)  specified Tier B anti‑siphoning events are a designated group for the purposes of this Act; and

                     (b)  a specified number of hours is the daily minimum number of hours for the designated group; and

                     (c)  each 24‑hour period specified in the determination is an applicable group day for the designated group.

Note 1:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note 2:       For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

             (3)  The Minister must not determine that a 24‑hour period is an applicable group day for a designated group unless at least one event in the designated group is scheduled to occur during that period.

             (4)  An anti‑siphoning event must not be in a designated group if the anti‑siphoning event is in a quota group.

Note:          Section 145A provides that quota group means:

(a)    a Category A quota group; or

(b)    a Category B quota group.

             (5)  If:

                     (a)  a determination is in force under subsection (1) in relation to a particular designated group; and

                     (b)  none of the events in the designated group have occurred;

the Minister may, by legislative instrument, determine that:

                     (c)  a specified number of hours is the daily minimum number of hours for the designated group; and

                     (d)  each 24‑hour period specified in the determination is an applicable group day for the designated group.

Note 1:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note 2:       For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

145G  Quota groups etc.

Category A quota groups

             (1)  The Minister may, by legislative instrument, determine that:

                     (a)  specified Tier B anti‑siphoning events are a Category A quota group for the purposes of this Act; and

                     (b)  a number specified in, or ascertained in accordance with, the determination is the quota number for the Category A quota group.

Note 1:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note 2:       For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Category B quota groups

             (2)  The Minister may, by legislative instrument, determine that:

                     (a)  specified Tier B anti‑siphoning events are a Category B quota group for the purposes of this Act; and

                     (b)  a number specified in, or ascertained in accordance with, the determination is the quota number for the Category B quota group; and

                     (c)  one or more specified conditions are associated set conditions for the Category B quota group;

in relation to one of the following:

                     (d)  one or more specified licence areas;

                     (e)  each licence area.

Note 1:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note 2:       For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

             (3)  Without limiting paragraph (2)(c), an associated set condition may relate to one or more attributes of:

                     (a)  a single anti‑siphoning event; or

                     (b)  a number of anti‑siphoning events that is less than the quota number.

             (4)  Without limiting paragraph (2)(c), an associated set condition may be a contingent condition.

             (5)  For the purposes of sections 145ZN and 145ZO, if, at a particular time:

                     (a)  an associated set condition is a contingent condition; and

                     (b)  the relevant contingency has not happened; and

                     (c)  the relevant contingency cannot happen after that time;

disregard the associated set condition at that time.

Application

             (6)  For the purposes of section 145ZN, a determination under subsection (1) or (2) does not apply in relation to a right to televise the whole or a part of an anti‑siphoning event if the right is acquired by:

                     (a)  a commercial television broadcasting licensee; or

                     (b)  a national broadcaster; or

                     (c)  a subscription television broadcasting licensee;

before the day on which the determination is registered under the Legislative Instruments Act 2003.

             (7)  For the purposes of section 145ZO, a determination under subsection (1) or (2) does not apply in relation to a right to provide audiovisual content:

                     (a)  on a content service; and

                     (b)  that consists of coverage of the whole or a part of an anti‑siphoning event;

if the right is acquired by the content service provider before the day on which the determination is registered under the Legislative Instruments Act 2003.

AFL Premiership and NRL Premiership

             (8)  An anti‑siphoning event must not be in a quota group unless the event is a match in:

                     (a)  an AFL Premiership competition; or

                     (b)  an NRL Premiership competition.

             (9)  If an event is:

                     (a)  a Tier B anti‑siphoning event; and

                     (b)  a match in an AFL Premiership competition (other than a match in the set of matches known in the community as the finals series of the AFL Premiership competition);

the Minister must take all reasonable steps to ensure that the event is in a quota group.

           (10)  The Minister must take all reasonable steps to ensure that, on and after 1 January 2013, an event that is:

                     (a)  a Tier B anti‑siphoning event; and

                     (b)  a match in an NRL Premiership competition (other than a match in the set of matches known in the community as the finals series of the NRL Premiership competition);

is in a quota group.

General

           (11)  The quota number for a quota group must be:

                     (a)  less than the total number of anti‑siphoning events in the quota group; and

                     (b)  if the events in the quota group are matches in an AFL Premiership competition—not greater than 4; and

                     (c)  if the events in the quota group are matches in an NRL Premiership competition—not greater than 3.

           (12)  An anti‑siphoning event must not be in a quota group if the anti‑siphoning event is in a designated group.

Note:          For designated group, see section 145F.

Division 3Televising of anti‑siphoning events

Subdivision ACommercial television broadcasting licensees

145H  Obligations of licensees

Obligation to televise anti‑siphoning events

             (1)  If:

                     (a)  a commercial television broadcasting licensee (the first licensee) has a right to televise live, in the licence area for the licence, the whole or a part (which whole or part is in this section called the relevant portion) of an anti‑siphoning event; and

                     (b)  the first licensee acquired the right when the event was an anti‑siphoning event;

then:

                     (c)  if the event is a Tier A anti‑siphoning event—the first licensee must televise live, in that area, the relevant portion of the event; and

                     (d)  if the event is a Tier B anti‑siphoning event that is in a designated group—the first licensee must:

                              (i)  if there is a total minimum number of hours for the designated group—televise live, in that area, the whole or a part of some or all of the anti‑siphoning events in that group for a number of hours that is not less than the total minimum number of hours for the group; and

                             (ii)  if there is a daily minimum number of hours for the designated group—televise live, in that area, on the applicable group days for the group, the whole or a part of some or all of the anti‑siphoning events in that group for a number of hours per applicable group day that is not less than the daily minimum number of hours for the group; and

                     (e)  if the event is a Tier B anti‑siphoning event that is not in a designated group—the first licensee must televise live, in that area, the relevant portion of the event.

Note 1:       For compliance by licensees, see clause 7 of Schedule 2.

Note 2:       For total minimum number of hours, see section 145F.

Note 3:       For daily minimum number of hours, see section 145F.

Note 4:       For applicable group day, see section 145F.

             (2)  For the purposes of paragraphs (1)(c) and (e), the first licensee is taken to have televised live the relevant portion of an event if the first licensee televises live all but an insubstantial proportion of the relevant portion of the event.

Note:          For example, interruptions by way of commercial breaks, news breaks, program promotions, announcements or brief crosses to other live events would amount to an insubstantial proportion of the event being televised.

Exception—offers to transfer rights

             (3)  Subsection (1) does not apply if:

                     (a)  the first licensee, or the first licensee’s program supplier, offered to transfer to each other commercial television broadcasting licensee and each national broadcaster, in accordance with sections 145K and 145L, the right to televise live in the licence area or the corresponding coverage area, as the case may be, the relevant portion of the event; and

                     (b)  if none of those offers was accepted in accordance with section 145L—the first licensee, or the first licensee’s program supplier, offered to transfer to each subscription television broadcasting licensee, in accordance with sections 145K and 145M, the right to televise live in the first licensee’s licence area the relevant portion of the event.

             (4)  For the purposes of paragraph (3)(a), if the first licensee, or the first licensee’s program supplier (the first supplier), makes an offer in accordance with sections 145K and 145L to the program supplier of another commercial television broadcasting licensee (the second licensee), the first licensee or the first supplier, as the case may be, is taken to have made the offer in accordance with sections 145K and 145L to the second licensee.

             (5)  For the purposes of paragraph (3)(a), if the first licensee, or the first licensee’s program supplier (the first supplier), makes an offer in accordance with sections 145K and 145L to the program supplier of a national broadcaster, the first licensee or the first supplier, as the case may be, is taken to have made the offer in accordance with sections 145K and 145L to the national broadcaster.

             (6)  For the purposes of paragraph (3)(b), if the first licensee, or the first licensee’s program supplier (the first supplier), makes an offer in accordance with sections 145K and 145M to the program supplier of a subscription television broadcasting licensee, the first licensee or the first supplier, as the case may be, is taken to have made the offer in accordance with sections 145K and 145M to the subscription television broadcasting licensee.

Exemptions

             (7)  The ACMA may, by legislative instrument, determine one or more exemptions from subsection (1).

             (8)  An exemption may be:

                     (a)  unconditional; or

                     (b)  subject to such conditions (if any) as are specified in the determination.

             (9)  The ACMA may, by legislative instrument, determine that if there is a specified interruption to the televising of the whole or a part of an anti‑siphoning event by a commercial television broadcasting licensee, the licensee is taken, for the purposes of paragraphs (1)(c) and (e), to have televised live the whole or the part, as the case may be, of the event.

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

           (10)  In making a determination under subsection (7) or (9), the ACMA must have regard to the following:

                     (a)  the principle that, except in special circumstances, anti‑siphoning events should be available to the public as a result of subsection (1);

                     (b)  the principle that the public should be informed about significant news events;

                     (c)  the principle that the public should be alerted to emergencies or likely emergencies;

                     (d)  the principle that allowances should be made for significant difficulties of a technical or engineering nature that:

                              (i)  are experienced by a commercial television broadcasting licensee; and

                             (ii)  could not reasonably have been foreseen by the licensee;

                     (e)  the principle that allowances should be made for significant difficulties of a technical or engineering nature that:

                              (i)  are experienced by a person who provides transmission services to a commercial television broadcasting licensee; and

                             (ii)  could not reasonably have been foreseen by the person;

                      (f)  such other matters (if any) as the ACMA considers relevant.

145J  Obligations of program suppliers

Obligation to confer rights to anti‑siphoning events

             (1)  If:

                     (a)  a program supplier (the first supplier) of a commercial television broadcasting licensee (the first licensee) is entitled to confer on the first licensee a right to televise live, in the licence area for the licence, the whole or a part (which whole or part is in this section called the relevant portion) of an anti‑siphoning event; and

                     (b)  the first supplier acquired the entitlement when the event was an anti‑siphoning event;

the first supplier must confer on the first licensee, or on another commercial television broadcasting licensee whose licence area is the same as that of the first licensee, the right to televise live, in that area, the relevant portion of the event.

Civil penalty provision

             (2)  Subsection (1) is a civil penalty provision.

Exception—offers to transfer rights

             (3)  Subsection (1) does not apply if:

                     (a)  the first supplier offered to transfer to each commercial television broadcasting licensee and each national broadcaster, in accordance with sections 145K and 145L, the right to televise live in the licence area or the corresponding coverage area, as the case may be, the relevant portion of the event; and

                     (b)  if none of those offers was accepted in accordance with section 145L—the first supplier offered to transfer to each subscription television broadcasting licensee, in accordance with sections 145K and 145M, the right to televise live in the first licensee’s licence area the relevant portion of the event.

             (4)  For the purposes of paragraph (3)(a), if the first supplier makes an offer in accordance with sections 145K and 145L to the program supplier of another commercial television broadcasting licensee (the second licensee), the first supplier is taken to have made the offer in accordance with sections 145K and 145L to the second licensee.

             (5)  For the purposes of paragraph (3)(a), if the first supplier makes an offer in accordance with sections 145K and 145L to the program supplier of a national broadcaster, the first supplier is taken to have made the offer in accordance with sections 145K and 145L to the national broadcaster.

             (6)  For the purposes of paragraph (3)(b), if the first supplier makes an offer in accordance with sections 145K and 145M to the program supplier of a subscription television broadcasting licensee, the first supplier is taken to have made the offer in accordance with sections 145K and 145M to the subscription television broadcasting licensee.

Acquisition of property

             (7)  This section has no effect to the extent (if any) to which it purports to authorise the acquisition of property if that acquisition:

                     (a)  is otherwise than on just terms; and

                     (b)  would be invalid because of paragraph 51(xxxi) of the Constitution.

             (8)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

145K  What constitutes an offer to transfer rights to televise live events

             (1)  For the purposes of this Subdivision, a person (the offeror) who is:

                     (a)  a commercial television broadcasting licensee; or

                     (b)  a program supplier of a commercial television broadcasting licensee;

is taken to offer to transfer the right to televise live the whole or a part (which whole or part is in this section called the relevant portion) of a particular anti‑siphoning event to another person (the offeree) who is:

                     (c)  a commercial television broadcasting licensee; or

                     (d)  a national broadcaster; or

                     (e)  a subscription television broadcasting licensee; or

                      (f)  a program supplier of a commercial television broadcasting licensee; or

                     (g)  a program supplier of a national broadcaster; or

                     (h)  a program supplier of a subscription television broadcasting licensee;

if, and only if, the offeror offers to make an arrangement (whatever its terms or form) which in substance gives the offeree:

                      (i)  if the offeree is a program supplier of a commercial television broadcasting licensee—an entitlement to confer on a commercial television broadcasting licensee the right to televise live the relevant portion of the event; or

                      (j)  if the offeree is a program supplier of a national broadcaster—an entitlement to confer on a national broadcaster the right to televise live the relevant portion of the event; or

                     (k)  if the offeree is a program supplier of a subscription television broadcasting licensee—an entitlement to confer on a subscription television broadcasting licensee the right to televise live the relevant portion of the event; or

                      (l)  otherwise—the right to televise live the relevant portion of the event.

             (2)  In determining whether an arrangement is covered by subsection (1), regard must be had to the practical effect of the arrangement.

145L  Offers to transfer rights to televise live events—commercial television broadcasting licensees and national broadcasters etc.

Scope

             (1)  This section applies to an offer by a person (the offeror) who is:

                     (a)  a commercial television broadcasting licensee; or

                     (b)  a program supplier of a commercial television broadcasting licensee;

to transfer the right to televise live the whole or a part of a particular anti‑siphoning event to another person (the offeree) who is:

                     (c)  a commercial television broadcasting licensee; or

                     (d)  a national broadcaster; or

                     (e)  a program supplier of a commercial television broadcasting licensee; or

                      (f)  a program supplier of a national broadcaster.

Offer

             (2)  The offer must be in writing.

             (3)  The offer must be given to the offeree at or about the same time as corresponding offers are made to persons other than the offeree.

             (4)  The offer must be made not less than 2,880 hours before the start of the event.

             (5)  The offer must be open for acceptance by the offeree throughout the period:

                     (a)  beginning when the offer is given to the offeree; and

                     (b)  ending 2,544 hours before the start of the event.

Consideration

             (6)  The offer must require that the consideration to be given by the offeree is to consist of a promise to pay $1, if and when demanded by the offeror.

Acceptance

             (7)  The offeree is not entitled to accept the offer if a corresponding offer has already been accepted by another person, unless that other person consents in writing.

             (8)  If:

                     (a)  the offer is accepted by the offeree; and

                     (b)  a corresponding offer is simultaneously accepted by another person;

then:

                     (c)  the offeror may elect to treat one of those acceptances as having preceded the other of those acceptances; and

                     (d)  if such an election is made—the other of those acceptances has no effect unless the person who gave the preceding acceptance consents in writing.

145M  Offers to transfer rights to televise live events—subscription television broadcasting licensees etc.

Scope

             (1)  This section applies to an offer by a person (the offeror) who is:

                     (a)  a commercial television broadcasting licensee; or

                     (b)  a program supplier of a commercial television broadcasting licensee;

to transfer the right to televise live the whole or a part of a particular anti‑siphoning event to another person (the offeree) who is:

                     (c)  a subscription television broadcasting licensee; or

                     (d)  a program supplier of a subscription television broadcasting licensee.

Offer

             (2)  The offer must be in writing.

             (3)  The offer must be given to the offeree at or about the same time as corresponding offers are made to persons other than the offeree.

             (4)  The offer must be made not less than 2,160 hours before the start of the event.

             (5)  The offer must be open for acceptance by the offeree throughout the period:

                     (a)  beginning when the offer is given to the offeree; and

                     (b)  ending immediately before the start of the event.

Consideration

             (6)  The offer must require that the consideration to be given by the offeree is to consist of a promise to pay $1, if and when demanded by the offeror.

Acceptance

             (7)  The offeree is not entitled to accept the offer if a corresponding offer has already been accepted by another person, unless that other person consents in writing.

             (8)  If:

                     (a)  the offer is accepted by the offeree; and

                     (b)  a corresponding offer is simultaneously accepted by another person;

then:

                     (c)  the offeror may elect to treat one of those acceptances as having preceded the other of those acceptances; and

                     (d)  if such an election is made—the other of those acceptances has no effect unless the person who gave the preceding acceptance consents in writing.

Subdivision BNational broadcasters

145N  Obligations of national broadcasters

Obligation to televise anti‑siphoning events

             (1)  If:

                     (a)  a national broadcaster (the first broadcaster) has a right to televise live, in a coverage area, the whole or a part (which whole or part is in this section called the relevant portion) of an anti‑siphoning event; and

                     (b)  the first broadcaster acquired the right when the event was an anti‑siphoning event;

then:

                     (c)  if the event is a Tier A anti‑siphoning event—the first broadcaster must televise live, in the coverage area, the relevant portion of the event; and

                     (d)  if the event is a Tier B anti‑siphoning event that is in a designated group—the first broadcaster must:

                              (i)  if there is a total minimum number of hours for the designated group—televise live, in the coverage area, the whole or a part of some or all of the anti‑siphoning events in that group for a number of hours that is not less than the total minimum number of hours for the group; and

                             (ii)  if there is a daily minimum number of hours for the designated group—televise live, in the coverage area, on the applicable group days for the group, the whole or a part of some or all of the anti‑siphoning events in that group for a number of hours per applicable group day that is not less than the daily minimum number of hours for the group; and

                     (e)  if the event is a Tier B anti‑siphoning event that is not in a designated group—the first broadcaster must televise live, in the coverage area, the relevant portion of the event.

Note 1:       For total minimum number of hours, see section 145F.

Note 2:       For daily minimum number of hours, see section 145F.

Note 3:       For applicable group day, see section 145F.

             (2)  For the purposes of paragraphs (1)(c) and (e), a national broadcaster is taken to have televised live the relevant portion of an event if the national broadcaster televises live all but an insubstantial proportion of the relevant portion of the event.

Note 1:       For example, in the case of the ABC, interruptions by way of news breaks, program promotions, announcements or brief crosses to other live events would amount to an insubstantial proportion of the event or group being televised.

Note 2:       For example, in the case of the SBS, interruptions by way of commercial breaks, news breaks, program promotions, announcements or brief crosses to other live events would amount to an insubstantial proportion of the event or group being televised.

Exception—offers to transfer rights

             (3)  Subsection (1) does not apply if:

                     (a)  the first broadcaster offered to transfer to the other national broadcaster and each commercial television broadcasting licensee, in accordance with sections 145Q and 145R, the right to televise live in the coverage area the relevant portion of the event; and

                     (b)  if none of those offers was accepted in accordance with section 145R—the first broadcaster offered to transfer to each subscription television broadcasting licensee, in accordance with sections 145Q and 145S, the right to televise live in the coverage area the relevant portion of the event.

             (4)  For the purposes of paragraph (3)(a), if the first broadcaster makes an offer in accordance with sections 145Q and 145R to the program supplier of a commercial television broadcasting licensee, the first broadcaster is taken to have made the offer in accordance with sections 145Q and 145R to the licensee.

             (5)  For the purposes of paragraph (3)(a), if the first broadcaster makes an offer in accordance with sections 145Q and 145R to the program supplier of the other national broadcaster, the first broadcaster is taken to have made the offer in accordance with sections 145Q and 145R to the other national broadcaster.

             (6)  For the purposes of paragraph (3)(b), if the first broadcaster makes an offer in accordance with sections 145Q and 145S to the program supplier of a subscription television broadcasting licensee, the first broadcaster is taken to have made the offer in accordance with sections 145Q and 145S to the licensee.

Exemptions

             (7)  The ACMA may, by legislative instrument, determine one or more exemptions from subsection (1).

             (8)  An exemption may be:

                     (a)  unconditional; or

                     (b)  subject to such conditions (if any) as are specified in the determination.

             (9)  The ACMA may, by legislative instrument, determine that if there is a specified interruption to the televising of the whole or a part of an anti‑siphoning event by a national broadcaster, the national broadcaster is taken, for the purposes of paragraphs (1)(c) and (e), to have televised live the whole or the part, as the case may be, of the event.

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

           (10)  In making a determination under subsection (7) or (9), the ACMA must have regard to the following:

                     (a)  the principle that, except in special circumstances, anti‑siphoning events should be available to the public as a result of subsection (1);

                     (b)  the principle that the public should be informed about significant news events;

                     (c)  the principle that the public should be alerted to emergencies or likely emergencies;

                     (d)  the principle that allowances should be made for significant difficulties of a technical or engineering nature that:

                              (i)  are experienced by a national broadcaster; and

                             (ii)  could not reasonably have been foreseen by the national broadcaster;

                     (e)  the principle that allowances should be made for significant difficulties of a technical or engineering nature that:

                              (i)  are experienced by a person who provides transmission services to a national broadcaster; and

                             (ii)  could not reasonably have been foreseen by the person;

                      (f)  such other matters (if any) as the ACMA considers relevant.

145P  Obligations of program suppliers

Obligation to confer rights to anti‑siphoning events

             (1)  If:

                     (a)  a program supplier (the first supplier) of a national broadcaster (the first broadcaster) is entitled to confer on the first broadcaster a right to televise live, in a coverage area, the whole or a part (which whole or part is in this section called the relevant portion) of an anti‑siphoning event; and

                     (b)  the first supplier acquired the entitlement when the event was an anti‑siphoning event;

the first supplier must confer on the first broadcaster, or on the other national broadcaster, the right to televise live, in that area, the relevant portion of the event.

Civil penalty provision

             (2)  Subsection (1) is a civil penalty provision.

Exception—offers to transfer rights

             (3)  Subsection (1) does not apply if:

                     (a)  the first supplier offered to transfer to each commercial television broadcasting licensee and the other national broadcaster, in accordance with sections 145Q and 145R, the right to televise live in the corresponding licence area or the coverage area, as the case may be, the relevant portion of the event; and

                     (b)  if none of those offers was accepted in accordance with section 145R—the first supplier offered to transfer to each subscription television broadcasting licensee, in accordance with sections 145Q and 145S, the right to televise live in the coverage area the relevant portion of the event.

             (4)  For the purposes of paragraph (3)(a), if the first supplier makes an offer in accordance with sections 145Q and 145R to the program supplier of a commercial television broadcasting licensee (the second licensee), the first supplier is taken to have made the offer in accordance with sections 145Q and 145R to the commercial television broadcasting licensee.

             (5)  For the purposes of paragraph (3)(a), if the first supplier makes an offer in accordance with sections 145Q and 145R to the program supplier of the other national broadcaster, the first supplier is taken to have made the offer in accordance with sections 145Q and 145R to the other national broadcaster.

             (6)  For the purposes of paragraph (3)(b), if the first supplier makes an offer in accordance with sections 145Q and 145S to the program supplier of a subscription television broadcasting licensee, the first supplier is taken to have made the offer in accordance with sections 145Q and 145S to the subscription television broadcasting licensee.

Acquisition of property

             (7)  This section has no effect to the extent (if any) to which it purports to authorise the acquisition of property if that acquisition:

                     (a)  is otherwise than on just terms; and

                     (b)  would be invalid because of paragraph 51(xxxi) of the Constitution.

             (8)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

145Q  What constitutes an offer to transfer rights to televise live events

             (1)  For the purposes of this Subdivision, a person (the offeror) who is:

                     (a)  a national broadcaster; or

                     (b)  a program supplier of a national broadcaster;

is taken to offer to transfer the right to televise live the whole or a part (which whole or part is in this section called the relevant portion) of a particular anti‑siphoning event to another person (the offeree) who is:

                     (c)  a commercial television broadcasting licensee; or

                     (d)  the other national broadcaster; or

                     (e)  a subscription television broadcasting licensee; or

                      (f)  a program supplier of a commercial television broadcasting licensee; or

                     (g)  a program supplier of the other national broadcaster; or

                     (h)  a program supplier of a subscription television broadcasting licensee;

if, and only if, the offeror offers to make an arrangement (whatever its terms or form) which in substance gives the offeree:

                      (i)  if the offeree is a program supplier of a commercial television broadcasting licensee—an entitlement to confer on a commercial television broadcasting licensee the right to televise live the relevant portion of the event; or

                      (j)  if the offeree is a program supplier of the other national broadcaster—an entitlement to confer on the other national broadcaster the right to televise live the relevant portion of the event; or

                     (k)  if the offeree is a program supplier of a subscription television broadcasting licensee—an entitlement to confer on a subscription television broadcasting licensee the right to televise live the relevant portion of the event; or

                      (l)  otherwise—the right to televise live the relevant portion of the event.

             (2)  In determining whether an arrangement is covered by subsection (1), regard must be had to the practical effect of the arrangement.

145R  Offers to transfer rights to televise live events—commercial television broadcasting licensees and national broadcasters etc.

Scope

             (1)  This section applies to an offer by a person (the offeror) who is:

                     (a)  a national broadcaster; or

                     (b)  a program supplier of a national broadcaster;

to transfer the right to televise live the whole or a part of a particular anti‑siphoning event to another person (the offeree) who is:

                     (c)  the other national broadcaster; or

                     (d)  a commercial television broadcasting licensee; or

                     (e)  a program supplier of the other national broadcaster; or

                      (f)  a program supplier of a commercial television broadcasting licensee.

Offer

             (2)  The offer must be in writing.

             (3)  The offer must be given to the offeree at or about the same time as corresponding offers are made to persons other than the offeree.

             (4)  The offer must be made not less than 2,880 hours before the start of the event.

             (5)  The offer must be open for acceptance by the offeree throughout the period:

                     (a)  beginning when the offer is given to the offeree; and

                     (b)  ending 2,544 hours before the start of the event.

Consideration

             (6)  The offer must require that the consideration to be given by the offeree is to consist of a promise to pay $1, if and when demanded by the offeror.

Acceptance

             (7)  The offeree is not entitled to accept the offer if a corresponding offer has already been accepted by another person, unless that other person consents in writing.

             (8)  If:

                     (a)  the offer is accepted by the offeree; and

                     (b)  a corresponding offer is simultaneously accepted by another person;

then:

                     (c)  the offeror may elect to treat one of those acceptances as having preceded the other of those acceptances; and

                     (d)  if such an election is made—the other of those acceptances has no effect unless the person who gave the preceding acceptance consents in writing.

145S  Offers to transfer rights to televise live events—subscription television broadcasting licensees etc.

Scope

             (1)  This section applies to an offer by a person (the offeror) who is:

                     (a)  a national broadcaster; or

                     (b)  a program supplier of a national broadcaster;

to transfer the right to televise live the whole or a part of a particular anti‑siphoning event to another person (the offeree) who is:

                     (c)  a subscription television broadcasting licensee; or

                     (d)  a program supplier of a subscription television broadcasting licensee.

Offer

             (2)  The offer must be in writing.

             (3)  The offer must be given to the offeree at or about the same time as corresponding offers are made to persons other than the offeree.

             (4)  The offer must be made not less than 2,160 hours before the start of the event.

             (5)  The offer must be open for acceptance by the offeree throughout the period:

                     (a)  beginning when the offer is given to the offeree; and

                     (b)  ending immediately before the start of the event.

Consideration

             (6)  The offer must require that the consideration to be given by the offeree is to consist of a promise to pay $1, if and when demanded by the offeror.

Acceptance

             (7)  The offeree is not entitled to accept the offer if a corresponding offer has already been accepted by another person, unless that other person consents in writing.

             (8)  If:

                     (a)  the offer is accepted by the offeree; and

                     (b)  a corresponding offer is simultaneously accepted by another person;

then:

                     (c)  the offeror may elect to treat one of those acceptances as having preceded the other of those acceptances; and

                     (d)  if such an election is made—the other of those acceptances has no effect unless the person who gave the preceding acceptance consents in writing.

Division 4Restrictions on televising anti‑siphoning events on multi‑channels

Subdivision ACommercial television broadcasting services

145T  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising Tier A anti‑siphoning events during the simulcast period if there is a core service etc.

Scope

             (1)  This section applies to a commercial television broadcasting licensee if:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of the licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area.

Televising the whole of a Tier A anti‑siphoning event

             (2)  During that period, the licensee must not televise on a SDTV multi‑channelled commercial television broadcasting service in the licence area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the SDTV multi‑channelled commercial television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  During that period, the licensee must not televise on a SDTV multi‑channelled commercial television broadcasting service in the licence area a part of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the SDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news program broadcast on the SDTV multi‑channelled commercial television broadcasting service.

Licences allocated under section 38C

             (4)  This section does not apply in relation to a licence allocated under section 38C.

Sections 145ZB and 145ZC

             (5)  This section has effect subject to sections 145ZB and 145ZC.

Note 1:       Section 145ZB deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZC deals with televising simultaneous Tier A anti‑siphoning events.

145U  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising Tier A anti‑siphoning events during the simulcast period if there is a primary service etc.

Scope

             (1)  This section applies to a commercial television broadcasting licensee if:

                     (a)  subsection 41B(2), (2C), (2CB), (2D) or (2DB) applies to the licence; and

                     (b)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of the licence; and

                     (c)  during that period, the licensee provides:

                              (i)  a SDTV multi‑channelled commercial television broadcasting service that is the licensee’s primary commercial television broadcasting service; and

                             (ii)  another SDTV multi‑channelled commercial television broadcasting service (the secondary commercial television broadcasting service).

Note:          For primary commercial television broadcasting service, see section 145A.

Televising the whole of a Tier A anti‑siphoning event

             (2)  During that period, the licensee must not televise on the secondary commercial television broadcasting service in the licence area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  During that period, the licensee must not televise on the secondary commercial television broadcasting service in the licence area a part of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news program broadcast on the secondary commercial television broadcasting service.

Licences allocated under section 38C

             (4)  This section does not apply in relation to a licence allocated under section 38C.

Sections 145ZB and 145ZC

             (5)  This section has effect subject to sections 145ZB and 145ZC.

Note 1:       Section 145ZB deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZC deals with televising simultaneous Tier A anti‑siphoning events.

145V  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising Tier A anti‑siphoning events during the simulcast period if there is a core service etc.

Scope

             (1)  This section applies to a commercial television broadcasting licensee if:

                     (a)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of the licence; and

                     (b)  during that period, the licensee provides a core commercial television broadcasting service in the licence area.

Televising the whole of a Tier A anti‑siphoning event

             (2)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the core commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the core commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Licences allocated under section 38C

             (4)  This section does not apply in relation to a licence allocated under section 38C.

Sections 145ZB and 145ZC

             (5)  This section has effect subject to sections 145ZB and 145ZC.

Note 1:       Section 145ZB deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZC deals with televising simultaneous Tier A anti‑siphoning events.

145W  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising Tier A anti‑siphoning events during the simulcast period if there is a primary service etc.

Scope

             (1)  This section applies to a commercial television broadcasting licensee if:

                     (a)  subsection 41B(2), (2C), (2CB), (2D) or (2DB) applies to the licence; and

                     (b)  there is a simulcast period, or a simulcast‑equivalent period, for the licence area of the licence; and

                     (c)  during that period, the licensee provides a primary commercial television broadcasting service in the licence area.

Note:          For primary commercial television broadcasting service, see section 145A.

Televising the whole of a Tier A anti‑siphoning event

             (2)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  During that period, the licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Licences allocated under section 38C

             (4)  This section does not apply in relation to a licence allocated under section 38C.

Sections 145ZB and 145ZC

             (5)  This section has effect subject to sections 145ZB and 145ZC.

Note 1:       Section 145ZB deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZC deals with televising simultaneous Tier A anti‑siphoning events.

145X  SDTV multi‑channelled commercial television broadcasting service—restrictions on televising Tier A anti‑siphoning events after the end of the simulcast period etc.

Scope

             (1)  This section applies to a commercial television broadcasting licensee after the end of the simulcast period, or the simulcast‑equivalent period, for the licence area of the licence if the licensee provides:

                     (a)  a SDTV multi‑channelled commercial television broadcasting service that is the licensee’s primary commercial television broadcasting service in the licence area; and

                     (b)  one or more other SDTV multi‑channelled commercial television broadcasting services (the secondary commercial television broadcasting services) in the licence area.

Note:          For primary commercial television broadcasting service, see section 145A.

Televising the whole of a Tier A anti‑siphoning event

             (2)  The licensee must not televise on a secondary commercial television broadcasting service in the licence area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  The licensee must not televise on a secondary commercial television broadcasting service in the licence area a part of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news program broadcast on the secondary commercial television broadcasting service.

Licences allocated under section 38C

             (4)  This section does not apply in relation to a licence allocated under section 38C.

Sections 145ZB and 145ZC

             (5)  This section has effect subject to sections 145ZB and 145ZC.

Note 1:       Section 145ZB deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZC deals with televising simultaneous Tier A anti‑siphoning events.

145Y  HDTV multi‑channelled commercial television broadcasting service—restrictions on televising Tier A anti‑siphoning events after the end of the simulcast period etc.

Scope

             (1)  This section applies to a commercial television broadcasting licensee after the end of the simulcast period, or the simulcast‑equivalent period, for the licence area of the licence.

Televising the whole of a Tier A anti‑siphoning event

             (2)  The licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see section 145A.

Note 2:       For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  The licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on the licensee’s primary commercial television broadcasting service; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on both:

                              (i)  the licensee’s primary commercial television broadcasting service; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Licences allocated under section 38C

             (4)  This section does not apply in relation to a licence allocated under section 38C.

Sections 145ZB and 145ZC

             (5)  This section has effect subject to sections 145ZB and 145ZC.

Note 1:       Section 145ZB deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZC deals with televising simultaneous Tier A anti‑siphoning events.

145Z  SDTV multi‑channelled commercial television broadcasting service provided under a section 38C licence—restrictions on televising Tier A anti‑siphoning events

Scope

             (1)  This section applies to a commercial television broadcasting licensee if:

                     (a)  the licence was allocated under section 38C; and

                     (b)  the licensee provides:

                              (i)  a SDTV multi‑channelled commercial television broadcasting service that is one of the licensee’s primary commercial television broadcasting services in the licence area; and

                             (ii)  one or more SDTV multi‑channelled commercial television broadcasting services that are not the licensee’s primary commercial television broadcasting services (the secondary commercial television broadcasting services) in the licence area.

Note:          For primary commercial television broadcasting service, see section 145A.

Televising the whole of a Tier A anti‑siphoning event

             (2)  The licensee must not televise on a secondary commercial television broadcasting service in the licence area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on one or more of the licensee’s primary commercial television broadcasting services; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on:

                              (i)  one or more of the licensee’s primary commercial television broadcasting services; and

                             (ii)  the secondary commercial television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  The licensee must not televise on a secondary commercial television broadcasting service in the licence area a part of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on one or more of the licensee’s primary commercial television broadcasting services; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on:

                              (i)  one or more of the licensee’s primary commercial television broadcasting service; and

                             (ii)  the secondary commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news program broadcast on the secondary commercial television broadcasting service.

Sections 145ZB and 145ZC

             (4)  This section has effect subject to sections 145ZB and 145ZC.

Note 1:       Section 145ZB deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZC deals with televising simultaneous Tier A anti‑siphoning events.

145ZA  HDTV multi‑channelled commercial television broadcasting service provided under a section 38C licence—restrictions on televising Tier A anti‑siphoning events

Scope

             (1)  This section applies to a commercial television broadcasting licensee if the licence was allocated under section 38C.

Televising the whole of a Tier A anti‑siphoning event

             (2)  The licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the whole of the event on one or more of the licensee’s primary commercial television broadcasting services; or

                     (b)  the licensee will televise simultaneously in the licence area the whole of the event on:

                              (i)  one or more of the licensee’s primary commercial television broadcasting services; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service.

Note 1:       For primary commercial television broadcasting service, see section 145A.

Note 2:       For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  The licensee must not televise on a HDTV multi‑channelled commercial television broadcasting service in the licence area a part of a Tier A anti‑siphoning event unless:

                     (a)  the licensee has previously televised in the licence area the part of the event on one or more of the licensee’s primary commercial television broadcasting services; or

                     (b)  the licensee will televise simultaneously in the licence area the part of the event on:

                              (i)  one or more of the licensee’s primary commercial television broadcasting services; and

                             (ii)  the HDTV multi‑channelled commercial television broadcasting service; or

                     (c)  the licensee televises the part of the event in a news program broadcast on the HDTV multi‑channelled commercial television broadcasting service.

Sections 145ZB and 145ZC

             (4)  This section has effect subject to sections 145ZB and 145ZC.

Note 1:       Section 145ZB deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZC deals with televising simultaneous Tier A anti‑siphoning events.

145ZB  Multi‑channelled commercial television broadcasting service—televising Tier A anti‑siphoning events during news programs

Whole event occurs entirely during a news program

             (1)  This Subdivision does not prevent a commercial television broadcasting licensee televising, on a multi‑channelled commercial television broadcasting service in the licence area of the licence, the whole of a particular Tier A anti‑siphoning event if:

                     (a)  the whole of the event occurs entirely during a news program broadcast on the core/primary commercial television broadcasting service in that area; and

                     (b)  the licensee, as soon as practicable after the end of the news program, televises, on the core/primary commercial television broadcasting service in that area, the whole of the event.

Note 1:       For Tier A anti‑siphoning event, see section 145E.

Note 2:       For multi‑channelled commercial television broadcasting service, see section 145A.

Note 3:       For core/primary commercial television broadcasting service, see subsection 6(1).

Event occurs partly during a news program

             (2)  This Subdivision does not prevent a commercial television broadcasting licensee televising, on a multi‑channelled commercial television broadcasting service in the licence area of the licence, the whole of a particular Tier A anti‑siphoning event if:

                     (a)  the event:

                              (i)  occurs partly during a news program broadcast on the core/primary commercial television broadcasting service in that area; and

                             (ii)  begins not more than 30 minutes before the start of the news program; and

                     (b)  if more than 50% of the whole of the event occurs during the news program—the licensee, as soon as practicable after the end of the news program, televises, on the core/primary commercial television broadcasting service in that area, the whole of the event.

             (3)  This Subdivision does not prevent a commercial television broadcasting licensee televising, on a multi‑channelled commercial television broadcasting service in the licence area of the licence, a part of a particular Tier A anti‑siphoning event if:

                     (a)  the part of the event occurs during a news program broadcast on the core/primary commercial television broadcasting service in that area; and

                     (b)  if more than 50% of the whole of the event occurs during the news program—the licensee, as soon as practicable after the end of the news program, televises, on the core/primary commercial television broadcasting service in that area, the whole of the event.

145ZC  Multi‑channelled commercial television broadcasting service—televising simultaneous Tier A anti‑siphoning events

Not more than 50% overlap

             (1)  If:

                     (a)  a commercial television broadcasting licensee has the right to televise live, in the licence area for the licence:

                              (i)  the whole or a part (which whole or part is in this subsection called the relevant portion) of a particular Tier A anti‑siphoning event (the first event); and

                             (ii)  the whole of another Tier A anti‑siphoning event (the second event); and

                     (b)  during a particular period (the overlap period), the relevant portion of the first event and the second event overlap; and

                     (c)  not more than 50% of the relevant portion of the first event occurs during the overlap period;

this Subdivision does not prevent the licensee televising, on a multi‑channelled commercial television broadcasting service in that area, so much of the relevant portion of the first event as occurs during the overlap period.

Note 1:       For Tier A anti‑siphoning event, see section 145E.

Note 2:       For multi‑channelled commercial television broadcasting service, see section 145A.

More than 50% overlap

             (2)  If:

                     (a)  a commercial television broadcasting licensee has the right to televise live, in the licence area for the licence:

                              (i)  the whole or a part (which whole or part is in this subsection called the relevant portion) of a particular Tier A anti‑siphoning event (the first event); and

                             (ii)  the whole of another Tier A anti‑siphoning event (the second event); and

                     (b)  during a particular period (the overlap period), the relevant portion of the first event and the second event overlap; and

                     (c)  more than 50% of the relevant portion of the first event occurs during the overlap period; and

                     (d)  the licensee, as soon as practicable after the end of the broadcast of the second event, televises, on the core/primary commercial television broadcasting service in that area, the whole of the first event;

this Subdivision does not prevent the licensee televising, on a multi‑channelled commercial television broadcasting service in that area, the relevant portion of the first event.

Note:          For core/primary commercial television broadcasting service, see subsection 6(1).

Subdivision BNational television broadcasting services

145ZD  SDTV multi‑channelled national television broadcasting service—restrictions on televising Tier A anti‑siphoning events during the simulcast period etc.

Scope

             (1)  This section applies to a national broadcaster if there is a simulcast period, or a simulcast‑equivalent period, for a coverage area.

Televising the whole of a Tier A anti‑siphoning event

             (2)  During that period, the national broadcaster must not televise on a SDTV multi‑channelled national television broadcasting service in the coverage area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the national television broadcasting service to which clause 19 of Schedule 4 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the national television broadcasting service to which clause 19 of Schedule 4 applies; and

                             (ii)  the SDTV multi‑channelled national television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  During that period, the national broadcaster must not televise on a SDTV multi‑channelled national television broadcasting service in the coverage area a part of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the national television broadcasting service to which clause 19 of Schedule 4 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the national television broadcasting service to which clause 19 of Schedule 4 applies; and

                             (ii)  the SDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news program broadcast on the SDTV multi‑channelled national television broadcasting service.

National television broadcasting services provided with the use of a satellite

             (4)  This section does not apply in relation to national television broadcasting services provided with the use of a satellite.

Sections 145ZJ and 145ZK

             (5)  This section has effect subject to sections 145ZJ and 145ZK.

Note 1:       Section 145ZJ deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZK deals with televising simultaneous Tier A anti‑siphoning events.

145ZE  HDTV multi‑channelled national television broadcasting service—restrictions on televising Tier A anti‑siphoning events during the simulcast period etc.

Scope

             (1)  This section applies to a national broadcaster if there is a simulcast period, or a simulcast‑equivalent period, for a coverage area.

Televising the whole of a Tier A anti‑siphoning event

             (2)  During that period, the national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the national television broadcasting service to which clause 19 of Schedule 4 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the national television broadcasting service to which clause 19 of Schedule 4 applies; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  During that period, the national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area a part of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the national television broadcasting service to which clause 19 of Schedule 4 applies; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the national television broadcasting service to which clause 19 of Schedule 4 applies; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news program broadcast on the HDTV multi‑channelled national television broadcasting service.

National television broadcasting services provided with the use of a satellite

             (4)  This section does not apply in relation to national television broadcasting services provided with the use of a satellite.

Sections 145ZJ and 145ZK

             (5)  This section has effect subject to sections 145ZJ and 145ZK.

Note 1:       Section 145ZJ deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZK deals with televising simultaneous Tier A anti‑siphoning events.

145ZF  SDTV multi‑channelled national television broadcasting service—restrictions on televising Tier A anti‑siphoning events after the end of the simulcast period etc.

Scope

             (1)  This section applies to a national broadcaster after the end of the simulcast period, or the simulcast‑equivalent period, for a coverage area if the national broadcaster provides:

                     (a)  a SDTV multi‑channelled national television broadcasting service that is the broadcaster’s primary national television broadcasting service in the coverage area; and

                     (b)  one or more other SDTV multi‑channelled national television broadcasting services (the secondary national television broadcasting services) in the coverage area.

Note:          For primary national television broadcasting service, see section 145A.

Televising the whole of a Tier A anti‑siphoning event

             (2)  The national broadcaster must not televise on a secondary national television broadcasting service in the coverage area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the secondary national television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  The national broadcaster must not televise on a secondary national television broadcasting service in the coverage area a part of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the secondary national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news program broadcast on the secondary national television broadcasting service.

National television broadcasting services provided with the use of a satellite

             (4)  This section does not apply in relation to national television broadcasting services provided with the use of a satellite.

Sections 145ZJ and 145ZK

             (5)  This section has effect subject to sections 145ZJ and 145ZK.

Note 1:       Section 145ZJ deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZK deals with televising simultaneous Tier A anti‑siphoning events.

145ZG  HDTV multi‑channelled national television broadcasting service—restrictions on televising Tier A anti‑siphoning events after the end of the simulcast period etc.

Scope

             (1)  This section applies to a national broadcaster after the end of the simulcast period, or the simulcast‑equivalent period, for a coverage area.

Televising the whole of a Tier A anti‑siphoning event

             (2)  The national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the whole of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the whole of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service.

Note 1:       For primary national television broadcasting service, see section 145A.

Note 2:       For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  The national broadcaster must not televise on a HDTV multi‑channelled national television broadcasting service in the coverage area a part of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the coverage area the part of the event on the broadcaster’s primary national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the coverage area the part of the event on both:

                              (i)  the broadcaster’s primary national television broadcasting service; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news program broadcast on the HDTV multi‑channelled national television broadcasting service.

National television broadcasting services provided with the use of a satellite

             (4)  This section does not apply in relation to national television broadcasting services provided with the use of a satellite.

Sections 145ZJ and 145ZK

             (5)  This section has effect subject to sections 145ZJ and 145ZK.

Note 1:       Section 145ZJ deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZK deals with televising simultaneous Tier A anti‑siphoning events.

145ZH  SDTV multi‑channelled national television broadcasting service provided with the use of a satellite—restrictions on televising Tier A anti‑siphoning events

Scope

             (1)  This section applies to a national broadcaster if the national broadcaster provides, with the use of a satellite:

                     (a)  a SDTV multi‑channelled national television broadcasting service that is the broadcaster’s primary satellite national television broadcasting service in a satellite delivery area; and

                     (b)  one or more other SDTV multi‑channelled national television broadcasting services (the secondary national television broadcasting services) in the satellite delivery area.

Note:          For primary satellite national television broadcasting service, see section 145A.

Televising the whole of a Tier A anti‑siphoning event

             (2)  The national broadcaster must not televise on a secondary national television broadcasting service in the satellite delivery area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the satellite delivery area the whole of the event on the broadcaster’s primary satellite national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the satellite delivery area the whole of the event on both:

                              (i)  the broadcaster’s primary satellite national television broadcasting service; and

                             (ii)  the secondary national television broadcasting service.

Note:          For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  The national broadcaster must not televise on a secondary national television broadcasting service in the satellite delivery area a part of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the satellite delivery area the part of the event on the broadcaster’s primary satellite national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the satellite delivery area the part of the event on both:

                              (i)  the broadcaster’s primary satellite national television broadcasting service; and

                             (ii)  the secondary national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news program broadcast on the secondary national television broadcasting service.

Sections 145ZJ and 145ZK

             (4)  This section has effect subject to sections 145ZJ and 145ZK.

Note 1:       Section 145ZJ deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZK deals with televising simultaneous Tier A anti‑siphoning events.

145ZI  HDTV multi‑channelled national television broadcasting service provided with the use of a satellite—restrictions on televising Tier A anti‑siphoning events

Scope

             (1)  This section applies to a national broadcaster if the national broadcaster provides, with the use of a satellite, a HDTV multi‑channelled national television broadcasting service.

Televising the whole of a Tier A anti‑siphoning event

             (2)  The national broadcaster must not televise on the HDTV multi‑channelled national television broadcasting service in a satellite delivery area the whole of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the satellite delivery area the whole of the event on the broadcaster’s primary satellite national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the satellite delivery area the whole of the event on both:

                              (i)  the broadcaster’s primary satellite national television broadcasting service; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service.

Note 1:       For primary satellite national television broadcasting service, see section 145A.

Note 2:       For Tier A anti‑siphoning event, see section 145E.

Televising a part of a Tier A anti‑siphoning event

             (3)  The national broadcaster must not televise on the HDTV multi‑channelled national television broadcasting service in a satellite delivery area a part of a Tier A anti‑siphoning event unless:

                     (a)  the national broadcaster has previously televised in the satellite delivery area the part of the event on the broadcaster’s primary satellite national television broadcasting service; or

                     (b)  the national broadcaster will televise simultaneously in the satellite delivery area the part of the event on both:

                              (i)  the broadcaster’s primary satellite national television broadcasting service; and

                             (ii)  the HDTV multi‑channelled national television broadcasting service; or

                     (c)  the national broadcaster televises the part of the event in a news program broadcast on the HDTV multi‑channelled national television broadcasting service.

Sections 145ZJ and 145ZK

             (4)  This section has effect subject to sections 145ZJ and 145ZK.

Note 1:       Section 145ZJ deals with televising Tier A anti‑siphoning events during news programs.

Note 2:       Section 145ZK deals with televising simultaneous Tier A anti‑siphoning events.

145ZJ  Multi‑channelled national television broadcasting service—televising Tier A anti‑siphoning events during news programs

Whole event occurs entirely during news programs

             (1)  This Subdivision does not prevent a national broadcaster televising, on a multi‑channelled national television broadcasting service in a coverage area, the whole of a particular Tier A anti‑siphoning event if:

                     (a)  the whole of the event occurs entirely during a news program broadcast on the core/primary national television broadcasting service in that area; and

                     (b)  the national broadcaster, as soon as practicable after the end of the news program, televises, on the core/primary national television broadcasting service in that area, the whole of the event.

Note 1:       For multi‑channelled national television broadcasting service, see section 145A.

Note 2:       For Tier A anti‑siphoning event, see section 145E.

Note 3:       For core/primary national television broadcasting service, see section 145ZL.

Event occurs partly during a news program

             (2)  This Subdivision does not prevent a national broadcaster televising, on a multi‑channelled national television broadcasting service in a coverage area, the whole of a particular Tier A anti‑siphoning event if:

                     (a)  the event:

                              (i)  occurs partly during a news program broadcast on the core/primary national television broadcasting service in that area; and

                             (ii)  begins not more than 30 minutes before the start of the news program; and

                     (b)  if more than 50% of the whole of the event occurs during the news program—the national broadcaster, as soon as practicable after the end of the news program, televises, on the core/primary national television broadcasting service in that area, the whole of the event.

             (3)  This Subdivision does not prevent a national broadcaster televising, on a multi‑channelled national television broadcasting service in a coverage area, a part of a particular Tier A anti‑siphoning event if:

                     (a)  the part of the event occurs during a news program broadcast on the core/primary national television broadcasting service in that area; and

                     (b)  if more than 50% of the whole of the event occurs during the news program—the national broadcaster, as soon as practicable after the end of the news program, televises, on the core/primary national television broadcasting service in that area, the whole of the event.

145ZK  Multi‑channelled national television broadcasting service—televising simultaneous Tier A anti‑siphoning events

Not more than 50% overlap

             (1)  If:

                     (a)  a national broadcaster has the right to televise live, in a coverage area:

                              (i)  the whole or a part (which whole or part is in this subsection called the relevant portion) of a particular Tier A anti‑siphoning event (the first event); and

                             (ii)  the whole of another Tier A anti‑siphoning event (the second event); and

                     (b)  during a particular period (the overlap period), the relevant portion of the first event and the second event overlap; and

                     (c)  not more than 50% of the relevant portion of the first event occurs during the overlap period;

this Subdivision does not prevent the national broadcaster televising, on a multi‑channelled national television broadcasting service in that area, so much of the relevant portion of the first event as occurs during the overlap period.

Note 1:       For Tier A anti‑siphoning event, see section 145E.

Note 2:       For multi‑channelled national television broadcasting service, see section 145A.

More than 50% overlap

             (2)  If:

                     (a)  a national broadcaster has the right to televise live, in a coverage area:

                              (i)  the whole or a part (which whole or part is in this subsection called the relevant portion) of a particular Tier A anti‑siphoning event (the first event); and

                             (ii)  the whole of another Tier A anti‑siphoning event (the second event); and

                     (b)  during a particular period (the overlap period), the relevant portion of the first event and the second event overlap; and

                     (c)  more than 50% of the relevant portion of the first event occurs during the overlap period; and

                     (d)  the national broadcaster, as soon as practicable after the end of the broadcast of the second event, televises, on the core/primary national television broadcasting service in that area, the whole of the first event;

this Subdivision does not prevent the national broadcaster televising, on a multi‑channelled national television broadcasting service in that area, the relevant portion of the first event.

Note:          For core/primary national television broadcasting service, see section 145ZL.

145ZL  Core/primary national television broadcasting service

                   For the purposes of the application of this Subdivision to a national broadcaster and a coverage area, the core/primary national television broadcasting service of the broadcaster in the area is:

                     (a)  if there is a simulcast period, or a simulcast‑equivalent period, for the coverage area—the national television broadcasting service to which clause 19 of Schedule 4 applies; or

                     (b)  if there is no simulcast period, and no simulcast‑equivalent period, for the coverage area—the primary national television broadcasting service for that area.

Subdivision CExemptions

145ZM  Exemptions—Ministerial determination

             (1)  The Minister may, by legislative instrument, determine that this Division does not apply to the televising of a specified anti‑siphoning event.

Note 1:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note 2:       For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

             (2)  The Minister may, by legislative instrument, determine that this Division does not apply to the televising of a specified anti‑siphoning event in a specified licence area and the corresponding coverage area.

Note 1:       For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note 2:       For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

             (3)  A determination under this section may be:

                     (a)  unconditional; or

                     (b)  subject to such conditions (if any) as are specified in the determination.

Division 5Limits on acquisition and conferral of rights

145ZN  Limits on acquisition of rights by subscription television broadcasting licensees

Anti‑siphoning events not in a quota group

             (1)  A subscription television broadcasting licensee must not acquire the right to televise, on a subscription television broadcasting service, the whole or a part of an anti‑siphoning event that is not in a quota group 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)  the television broadcasting services of commercial television broadcasting licensees (other than licensees who hold licences allocated under section 38C or subsection 40(1)) who have the right to televise the whole or a part of the event cover a total of more than 50% of the Australian population.

Note 1:       For compliance by subscription television broadcasting licensees, see clause 10 of Schedule 2.

Note 2:       For quota group, see section 145A.

Anti‑siphoning events in a Category A quota group

             (2)  A subscription television broadcasting licensee must not acquire the right to televise, on a subscription television broadcasting service, the whole or a part of an anti‑siphoning event in a Category A quota group, if the acquisition would prevent, or is part of a scheme that would prevent, there being a set of anti‑siphoning events for which the following conditions are satisfied:

                     (a)  each event in the set is an event in the Category A quota group;

                     (b)  the number of events in the set is equal to the quota number for the Category A quota group;

                     (c)  either of the following subparagraphs applies in relation to each event in the set:

                              (i)  a national broadcaster has the right to televise the whole or a part of the event on any of its broadcasting services;

                             (ii)  the television broadcasting services of commercial television broadcasting licensees (other than licensees who hold licences allocated under section 38C or subsection 40(1)) who have the right to televise the whole or a part of the event cover a total of more than 50% of the Australian population.

Note 1:       For compliance by subscription television broadcasting licensees, see clause 10 of Schedule 2.

Note 2:       For Category A quota group, see section 145G.

Note 3:       For quota number, see section 145G.

Anti‑siphoning events in a Category B quota group

             (3)  A subscription television broadcasting licensee must not acquire the right to televise, on a subscription television broadcasting service, the whole or a part of an anti‑siphoning event in a group that is a Category B quota group in relation to a licence area, if the acquisition would prevent, or is part of a scheme that would prevent, there being a set of anti‑siphoning events for which the following conditions are satisfied:

                     (a)  each event in the set is an event in the Category B quota group;

                     (b)  the number of events in the set is equal to the quota number for the Category B quota group;

                     (c)  the associated set conditions for the Category B quota group are met;

                     (d)  either of the following subparagraphs applies in relation to each event in the set:

                              (i)  a national broadcaster has the right to televise the whole or a part of the event on any of its broadcasting services in a coverage area that corresponds to the licence area;

                             (ii)  a commercial television broadcasting licensee (other than a licensee who hold a licence allocated under section 38C or subsection 40(1)) has the right to televise the whole or a part of the event on any of its broadcasting services in the licence area.

Note 1:       For compliance by subscription television broadcasting licensees, see clause 10 of Schedule 2.

Note 2:       For Category B quota group, see section 145G.

Note 3:       For quota number, see section 145G.

Note 4:       For associated set conditions, see section 145G.

Interpretation

             (4)  For the purposes of this section, the percentage of the Australian population covered by the television broadcasting service or services of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)) is the percentage most recently specified by the ACMA under paragraph 30(5)(a) for the licence area of the licensee’s licence.

             (5)  For the purposes of this section:

                     (a)  if a program supplier of a commercial television broadcasting licensee has a right to televise the whole or a part of an event—the licensee is taken also to have the right; and

                     (b)  if a program supplier of a commercial television broadcasting licensee has an entitlement to confer on the licensee a right to televise the whole or a part of an event—the licensee is taken also to have the right.

145ZO  Limits on conferral of rights on content service providers

Anti‑siphoning events not in a quota group

             (1)  A person must not confer on a content service provider the right to provide particular audiovisual content on a content service to end‑users in Australia if:

                     (a)  the content consists of live coverage of the whole or a part of an anti‑siphoning event that is not in a quota group; and

                     (b)  the anti‑siphoning event, or any part of the event, occurs or is to occur in Australia; and

                     (c)  neither:

                              (i)  a national broadcaster has the right to televise the whole or a part of the event on any of its broadcasting services; nor

                             (ii)  commercial television broadcasting licensees (other than licensees who hold licenses allocated under section 38C or subsection 40(1)) who provide television broadcasting services that cover a total of more than 50% of the Australian population have the right to televise the whole or a part of the event.

Note 1:       For content service provider and content service, see section 145A.

Note 2:       For quota group, see section 145A.

Anti‑siphoning events in a Category A quota group

             (2)  A person must not confer on a content service provider the right to provide particular audiovisual content on a content service to end‑users in Australia if:

                     (a)  the content consists of live coverage of the whole or a part of an anti‑siphoning event in a Category A quota group; and

                     (b)  the anti‑siphoning event, or any part of the event, occurs or is to occur in Australia;

and the conferral would prevent, or is part of a scheme that would prevent, there being a set of anti‑siphoning events for which the following conditions are satisfied:

                     (c)  each event in the set is an event in the Category A quota group;

                     (d)  the number of events in the set is equal to the quota number for the Category A quota group;

                     (e)  either of the following subparagraphs applies in relation to each event in the set:

                              (i)  a national broadcaster has the right to televise the whole or a part of the event on any of its broadcasting services;

                             (ii)  the television broadcasting services of commercial television broadcasting licensees (other than licensees who hold licences allocated under section 38C or subsection 40(1)) who have the right to televise the whole or a part of the event cover a total of more than 50% of the Australian population.

Note 1:       For content service provider and content service, see section 145A.

Note 2:       For Category A quota group, see section 145G.

Note 3:       For quota number, see section 145G.

Anti‑siphoning events in a Category B quota group

             (3)  A person must not confer on a content service provider the right to provide particular audiovisual content on a content service to end‑users in Australia if:

                     (a)  the content consists of live coverage of the whole or a part of an anti‑siphoning event in a group that is a Category B quota group in relation to a licence area; and

                     (b)  the anti‑siphoning event, or any part of the event, occurs or is to occur in Australia;

and the conferral would prevent, or is part of a scheme that would prevent, there being a set of anti‑siphoning events for which the following conditions are satisfied:

                     (c)  each event in the set is an event in the Category B quota group;

                     (d)  the number of events in the set is equal to the quota number for the Category B quota group;

                     (e)  the associated set conditions for the Category B quota group;

                      (f)  either of the following subparagraphs applies in relation to each event in the set:

                              (i)  a national broadcaster has the right to televise the whole or a part of the event on any of its broadcasting services in a coverage area that corresponds to the licence area;

                             (ii)  a commercial television broadcasting licensee (other than a licensee who hold a licence allocated under section 38C or subsection 40(1)) has the right to televise the whole or a part of the event on any of its broadcasting services in the licence area.

Note 1:       For content service provider and content service, see section 145A.

Note 2:       For Category B quota group, see section 145G.

Note 3:       For quota number, see section 145G.

Note 4:       For associated set conditions, see section 145G.

Civil penalty provisions

             (4)  Subsections (1), (2) and (3) are civil penalty provisions.

Exception—wholly‑owned subsidiaries

             (5)  This section does not apply to the conferral of a right on a content service provider by a person that is a body corporate if the content service provider is a wholly‑owned subsidiary (within the meaning of the Corporations Act 2001) of the person.

Interpretation

             (6)  For the purposes of paragraphs (1)(a), (2)(a) and (3)(a), live:

                     (a)  in relation to the coverage of the whole or a part of a Tier A anti‑siphoning event—means:

                              (i)  with no delay; or

                             (ii)  with as short a delay as is technically feasible; or

                     (b)  in relation to the coverage of the whole or a part of a Tier B anti‑siphoning event that is in a designated group—means:

                              (i)  with no delay; or

                             (ii)  with a delayed starting time of not more than 24 hours; or

                     (c)  in relation to the coverage of the whole or a part of a Tier B anti‑siphoning event that is not in a designated group—means:

                              (i)  in any case—with no delay; or

                             (ii)  if the Minister, by legislative instrument, specifies a number of hours in relation to the event that is less than 4—with a delayed starting time of not more than that number of hours; or

                            (iii)  if subparagraph (ii) does not apply—with a delayed starting time of not more than 4 hours.

             (7)  For the purposes of this section, the percentage of the Australian population covered by the television broadcasting service or services of a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)) is the percentage most recently specified by the ACMA under paragraph 30(5)(a) for the licence area of the licensee’s licence.

             (8)  For the purposes of this section:

                     (a)  if a program supplier of a commercial television broadcasting licensee has a right to televise the whole or a part of an event—the licensee is taken also to have the right; and

                     (b)  if a program supplier of a commercial television broadcasting licensee has an entitlement to confer on the licensee a right to televise the whole or a part of an event—the licensee is taken also to have the right.

145ZP  Program suppliers

                   For the purposes of the application of this Division to an event, a person is a program supplier of a commercial television broadcasting licensee if:

                     (a)  the person has an agreement to supply the licensee with programs that can be televised by the licensee (whether or not the programs include a program that consists of coverage of the event); and

                     (b)  the person supplies, or may reasonably be expected to supply, the licensee with a substantial proportion of all the programs that are, or are to be, televised by the licensee (whether or not the programs are supplied under an agreement covered by paragraph (a)).

Division 6Notification requirements in relation to anti‑siphoning events

145ZQ  Notification requirements—commercial television broadcasting licensees

             (1)  If a commercial television broadcasting licensee acquires the right to televise live the whole or a part of an anti‑siphoning event in the licence area for the licence, the licensee must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the acquisition; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the acquisition.

Note:          See also section 145ZU (notification to be in approved form).

             (2)  If a commercial television broadcasting licensee ceases to have the right to televise live the whole or a part of an anti‑siphoning event in the licence area for the licence, the licensee must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the cessation; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the cessation.

Note 1:       See also section 145ZU (notification to be in approved form).

Note 2:       For compliance by licensees, see clause 7 of Schedule 2.

             (3)  Subsection 140A(1), in so far as that subsection deals with a breach of the licence condition set out in paragraph 7(1)(hb) of Schedule 2, is a designated infringement notice provision.

Note:          Paragraph 7(1)(hb) of Schedule 2 requires a commercial television broadcasting licensee to comply with the requirements set out in this section.

145ZR  Notification requirements—program suppliers of commercial television broadcasting licensees

             (1)  If, as at the commencement of this section, a program supplier of a commercial television broadcasting licensee has an entitlement to confer on the commercial television broadcasting licensee the right to televise live the whole or a part of an anti‑siphoning event, the program supplier must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the holding of the entitlement; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the commencement of this section.

Note:          See also section 145ZU (notification to be in approved form).

             (2)  If a program supplier of a commercial television broadcasting licensee acquires an entitlement to confer on the commercial television broadcasting licensee the right to televise live the whole or a part of an anti‑siphoning event, the program supplier must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the acquisition; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the acquisition.

Note:          See also section 145ZU (notification to be in approved form).

             (3)  If a program supplier of a commercial television broadcasting licensee ceases to have an entitlement to confer on the commercial television broadcasting licensee the right to televise live the whole or a part of an anti‑siphoning event, the program supplier must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the cessation; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the cessation.

Note:          See also section 145ZU (notification to be in approved form).

Civil penalty provision

             (4)  Subsections (1), (2) and (3) are civil penalty provisions.

Designated infringement notice provisions

             (5)  Subsections (1), (2) and (3) are designated infringement notice provisions.

Continuing breaches

             (6)  A person who contravenes subsection (1), (2) or (3) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.

145ZS  Notification requirements—national broadcasters

             (1)  If a national broadcaster acquires the right to televise live the whole or a part of an anti‑siphoning event in a coverage area, the national broadcaster must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the acquisition; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the acquisition.

Note:          See also section 145ZU (notification to be in approved form).

             (2)  If a national broadcaster ceases to have the right to televise live the whole or a part of an anti‑siphoning event in a coverage area, the national broadcaster must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the cessation; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the cessation.

Note:          See also section 145ZU (notification to be in approved form).

145ZT  Notification requirements—program suppliers of national broadcasters

             (1)  If, as at the commencement of this section, a program supplier of a national broadcaster has an entitlement to confer on the national broadcaster the right to televise live the whole or a part of an anti‑siphoning event, the program supplier must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the holding of the entitlement; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the commencement of this section.

Note:          See also section 145ZU (notification to be in approved form).

             (2)  If a program supplier of a national broadcaster acquires an entitlement to confer on the national broadcaster the right to televise live the whole or a part of an anti‑siphoning event, the program supplier must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the acquisition; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the acquisition.

Note:          See also section 145ZU (notification to be in approved form).

             (3)  If a program supplier of a national broadcaster ceases to have an entitlement to confer on the national broadcaster the right to televise live the whole or a part of an anti‑siphoning event, the program supplier must:

                     (a)  notify the ACMA, in writing, of:

                              (i)  the cessation; and

                             (ii)  the attributes of the right; and

                     (b)  do so within 10 business days after the cessation.

Note:          See also section 145ZU (notification to be in approved form).

Civil penalty provision

             (4)  Subsections (1), (2) and (3) are civil penalty provisions.

Designated infringement notice provisions

             (5)  Subsections (1), (2) and (3) are designated infringement notice provisions.

Continuing breaches

             (6)  A person who contravenes subsection (1), (2) or (3) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.

145ZU  Notification to be in approved form

                   A notification under a provision of this Division must be in a form approved, in writing, by the ACMA for the purposes of the provision.

Division 7Review of anti‑siphoning provisions

145ZV  Review of anti‑siphoning provisions

             (1)  Before 31 December 2014, the Minister must cause to be conducted a review of the following matters:

                     (a)  the operation of Part 10A;

                     (b)  the operation of paragraph 7(1)(ha) of Schedule 2;

                     (c)  the operation of paragraph 7(1)(hb) of Schedule 2;

                     (d)  the operation of paragraph 7(1)(ob) of Schedule 2;

                     (e)  the operation of paragraph 10(1)(e) of Schedule 2;

                      (f)  whether Part 10A should be amended or repealed;

                     (g)  whether paragraph 7(1)(ha) of Schedule 2 should be amended or repealed;

                     (h)  whether paragraph 7(1)(hb) of Schedule 2 should be amended or repealed;

                      (i)  whether paragraph 7(1)(ob) of Schedule 2 should be amended or repealed;

                      (j)  whether paragraph 10(1)(e) of Schedule 2 should be amended or repealed.

             (2)  The Minister must cause to be prepared a report of a review under subsection (1).

             (3)  The Minister must cause copies of a report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.

12  Section 204 (table item dealing with subsection 146D(4))

Repeal the table item.

13  After paragraph 205F(4A)(a)

Insert:

                   (ba)  subsection 145J(1); or

                   (bb)  subsection 145P(1); or

                   (bc)  subsection 145ZO(1); or

                   (bd)  subsection 145ZO(2); or

                   (be)  subsection 145ZO(3); or

                    (bf)  subsection 145ZR(1); or

                   (bg)  subsection 145ZR(2); or

                   (bh)  subsection 145ZR(3); or

                    (bi)  subsection 145ZT(1); or

                    (bj)  subsection 145ZT(2); or

                   (bk)  subsection 145ZT(3); or

14  After subsection 205F(4B)

Insert:

          (4C)  The pecuniary penalty payable by a person in respect of a contravention of subsection 145J(1), 145P(1), 145ZO(1), 145ZO(2) or 145ZO(3) must not exceed 2,000 penalty units.

          (4D)  The pecuniary penalty payable by a person in respect of a contravention of subsection 145ZR(1), 145ZR(2), 145ZR(3), 145ZT(1), 145ZT(2) or 145ZT(3) must not exceed 500 penalty units.

15  After subsection 205F(5A)

Insert:

       (5AA)  Subsection (5) does not apply to a contravention of subsection 205E(1) that relates to:

                     (a)  subsection 145J(1); or

                     (b)  subsection 145P(1); or

                     (c)  subsection 145ZO(1); or

                     (d)  subsection 145ZO(2); or

                     (e)  subsection 145ZO(3); or

                      (f)  subsection 145ZR(1); or

                     (g)  subsection 145ZR(2); or

                     (h)  subsection 145ZR(3); or

                      (i)  subsection 145ZT(1); or

                      (j)  subsection 145ZT(2); or

                     (k)  subsection 145ZT(3).

16  After subsection 205F(5B)

Insert:

          (5C)  The pecuniary penalty payable by a person in respect of a contravention of subsection 205E(1) that relates to subsection 145J(1), 145P(1), 145ZO(1), 145ZO(2) or 145ZO(3) must not exceed 2,000 penalty units.

          (5D)  The pecuniary penalty payable by a person in respect of a contravention of subsection 205E(1) that relates to subsection 145ZR(1), 145ZR(2), 145ZR(3), 145ZT(1), 145ZT(2) or 145ZT(3) must not exceed 500 penalty units.

17  Paragraph 205F(6)(a)

Omit “or 142A(3)”, substitute “, 142A(3), 145ZR(6) or 145ZT(6)”.

18  Paragraph 7(1)(ha) of Schedule 2

Omit “will not contravene the anti‑hoarding rule (within the meaning of section 146E)”, substitute “will comply with section 145H”.

19  Paragraph 7(1)(hb) of Schedule 2

Omit “115B”, substitute “145ZQ”.

20  Paragraph 7(1)(ob) of Schedule 2

Repeal the paragraph, substitute:

                   (ob)  if a section of Subdivision A of Division 4 of Part 10A (which imposes restrictions on the televising of Tier A anti‑siphoning events) applies to the licensee—the licensee will comply with that section;

21  Paragraph 10(1)(e) of Schedule 2

Repeal the paragraph, substitute:

                     (e)  the licensee will comply with section 145ZN (which deals with limits on acquisition of rights to televise anti‑siphoning events);

22  Subclauses 10(1A) and (1B) of Schedule 2

Repeal the subclauses.

23  Part 4A of Schedule 4 (heading)

Repeal the heading, substitute:

Part 4APrimary television broadcasting services

24  Division 1 of Part 4A of Schedule 4 (heading)

Repeal the heading.

25  Clauses 41A to 41FB of Schedule 4

Repeal the clauses.

26  Division 2 of Part 4A of Schedule 4 (heading)

Repeal the heading.

27  Clauses 41H to 41LB of Schedule 4

Repeal the clauses.

28  Transitional—coverage obligations for rights acquired after 25 November 2010

Commercial television broadcasting licensees

(1)       If:

                     (a)  as at the commencement of this item, a commercial television broadcasting licensee has the right to televise an event; and

                     (b)  the commercial television broadcasting licensee acquired the right during the period:

                              (i)  beginning at the start of 25 November 2010; and

                             (ii)  ending at the commencement of this item; and

                     (c)  at the time when the right was acquired by the commercial television broadcasting licensee, the event was, or was of a kind, specified in a notice in force under repealed subsection 115(1) of the Broadcasting Services Act 1992; and

                     (d)  immediately after the commencement of this item, the event is an anti‑siphoning event within the meaning of the Broadcasting Services Act 1992 as amended by this Part; and

                     (e)  the event is scheduled to start after the end of the 150‑day period beginning at the commencement of this item; and

                      (f)  the event is not a transitional AFL Grand Final;

then:

                     (g)  section 145H of the Broadcasting Services Act 1992 as amended by this Part has effect, after the commencement of this item, as if the commercial television broadcasting licensee had acquired the right when the event was an anti‑siphoning event within the meaning of the Broadcasting Services Act 1992 as amended by this Part; and

                     (h)  subsection 139(1) of the Broadcasting Services Act 1992 does not apply to a breach by the commercial television broadcasting licensee, after the commencement of this item, of the licence condition set out in paragraph 7(1)(ha) of Schedule 2 to that Act, in so far as that breach relates to the event.

National broadcasters

(2)       If:

                     (a)  as at the commencement of this item, a national broadcaster has the right to televise an event; and

                     (b)  the national broadcaster acquired the right during the period:

                              (i)  beginning at the start of 25 November 2010; and

                             (ii)  ending at the commencement of this item; and

                     (c)  at the time when the right was acquired by the national broadcaster, the event was, or was of a kind, specified in a notice in force under repealed subsection 115(1) of the Broadcasting Services Act 1992; and

                     (d)  immediately after the commencement of this item, the event is an anti‑siphoning event within the meaning of the Broadcasting Services Act 1992 as amended by this Part; and

                     (e)  the event is scheduled to start after the end of the 150‑day period beginning at the commencement of this item; and

                      (f)  the event is not a transitional AFL Grand Final;

section 145N of the Broadcasting Services Act 1992 as amended by this Part has effect, after the commencement of this item, as if the national broadcaster had acquired the right when the event was an anti‑siphoning event within the meaning of the Broadcasting Services Act 1992 as amended by this Part.

Program suppliers of commercial television broadcasting licensees

(3)       If:

                     (a)  as at the commencement of this item, a program supplier of a commercial television broadcasting licensee has an entitlement to confer on the commercial television broadcasting licensee a right to televise an event; and

                     (b)  the program supplier acquired the entitlement during the period:

                              (i)  beginning at the start of 25 November 2010; and

                             (ii)  ending at the commencement of this item; and

                     (c)  at the time the entitlement was acquired by the program supplier, the event was, or was of a kind, specified in a notice in force under repealed subsection 115(1) of the Broadcasting Services Act 1992; and

                     (d)  immediately after the commencement of this item, the event is an anti‑siphoning event within the meaning of the Broadcasting Services Act 1992 as amended by this Part; and

                     (e)  the event is scheduled to start after the end of the 150‑day period beginning at the commencement of this item; and

                      (f)  the event is not a transitional AFL Grand Final;

section 145J of the Broadcasting Services Act 1992 as amended by this Part has effect, after the commencement of this item, as if the program supplier had acquired the entitlement when the event was an anti‑siphoning event within the meaning of the Broadcasting Services Act 1992 as amended by this Part.

Program suppliers of national broadcasters

(4)       If:

                     (a)  as at the commencement of this item, a program supplier of a national broadcaster has an entitlement to confer on the national broadcaster a right to televise an event; and

                     (b)  the program supplier acquired the entitlement during the period:

                              (i)  beginning at the start of 25 November 2010; and

                             (ii)  ending at the commencement of this item; and

                     (c)  at the time the entitlement was acquired by the program supplier, the event was, or was of a kind, specified in a notice in force under repealed subsection 115(1) of the Broadcasting Services Act 1992; and

                     (d)  immediately after the commencement of this item, the event is an anti‑siphoning event within the meaning of the Broadcasting Services Act 1992 as amended by this Part; and

                     (e)  the event is scheduled to start after the end of the 150‑day period beginning at the commencement of this item; and

                      (f)  the event is not a transitional AFL Grand Final;

section 145P of the Broadcasting Services Act 1992 as amended by this Part has effect, after the commencement of this item, as if the program supplier had acquired the entitlement when the event was an anti‑siphoning event within the meaning of the Broadcasting Services Act 1992 as amended by this Part.

Transitional AFL Grand Final

(5)       For the purposes of this item, an event is a transitional AFL Grand Final if:

                     (a)  the event is a match in an AFL Premiership competition; and

                     (b)  the event is known as the grand final of the competition; and

                     (c)  the event is scheduled to occur during any of the following years:

                              (i)  2012;

                             (ii)  2013;

                            (iii)  2014;

                            (iv)  2015;

                             (v)  2016.

29  Transitional—commercial television broadcasting licences

(1)       Despite the repeal of paragraph 7(1)(ob) of Schedule 2 to the Broadcasting Services Act 1992 by this Schedule, that paragraph continues to apply, after the commencement of this item, in relation to a pre‑commencement breach, as if the repeal had not happened.

(2)       In this item:

pre‑commencement breach means a failure, before the commencement of this item, to comply with a clause of Division 1 of Part 4A of Schedule 4 to the Broadcasting Services Act 1992.

30  Transitional—subscription television broadcasting licences

(1)       Despite the repeal of paragraph 10(1)(e) of Schedule 2 to the Broadcasting Services Act 1992 by this Schedule, that paragraph continues to apply, after the commencement of this item, in relation to a pre‑commencement acquisition, as if the repeal had not happened.

(2)       In this item:

pre‑commencement acquisition means the acquisition, before the commencement of this item, of a particular right to televise an event.

31  Transitional—notification requirements

(1)       Despite the repeal of sections 115B to 115E of the Broadcasting Services Act 1992 by this Schedule, those sections continue to apply, after the commencement of this item, in relation to a requirement to notify:

                     (a)  a pre‑commencement acquisition; or

                     (b)  a pre‑commencement cessation;

as if the repeal had not happened.

(2)       Despite the amendments of the following provisions of the Broadcasting Services Act 1992 made by this Schedule:

                     (a)  section 205F;

                     (b)  paragraph 7(1)(hb) of Schedule 2;

those provisions continue to apply, after the commencement of this item, in relation to a requirement to notify:

                     (c)  a pre‑commencement acquisition; or

                     (d)  a pre‑commencement cessation;

as if the amendments had not been made.

(3)       In this item:

pre‑commencement acquisition means the acquisition, before the commencement of this item, of a particular right to televise the whole or a part of an event.

pre‑commencement cessation means the cessation, before the commencement of this item, of the holding of a particular right to televise the whole or a part of an event.