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Broadcasting Services Amendment (Anti-Siphoning) Bill 2005

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2004-2005

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Broadcasting Services Amendment (Anti-Siphoning) Bill 2004

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Schedule 1, page 3 (after line 4), before item 1, insert:

1A  After subsection 115(1)

       Insert:

    (1AAA)  Any notice in effect in accordance with subsection (1) must include a reference to each match in the Fédération Internationale de Football Association World Cup (FIFA) finals tournament as being an event of the kind specified in subsection (1).

(2)     Schedule 1, page 3 (after line 20), at the end of the Schedule, add:

3  Paragraph 10(1)(e) of Schedule 2

Repeal the paragraph, substitute:

                     (e)  the licensee will not acquire the right to televise, on a subscription television broadcasting service, a commercial television broadcasting service or a national broadcasting service an event that is specified in a notice under subsection 115(1) unless:

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

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

                  (eaa)  the licensee will not communicate to the public, or permit to be communicated to the public, on a subscription television broadcasting service an event to which the right to televise has been acquired in breach of subparagraph (e)(i);

(3)     Schedule 1, page 3 (after line 20), at the end of the Schedule, add:

4  After subclause 10(1B) of Schedule 2

Insert:

          (1C)  For the purposes of paragraph (1)(e), if a related party of a subscription television broadcasting licensee acquires the right to televise an event, the licensee is taken also to have acquired the right. For this purpose, related party of the licensee means:

                     (a)  a person who is in a position to exercise control of the licensee; or

                     (b)  a person in respect of whom the licensee is in a position to exercise control; or

                     (c)  a person who is in a position to exercise control of a person mentioned in paragraph (a) or (b); or

                     (d)  a person in respect of whom a person mentioned in paragraph (a) or (b) is in a position to exercise control.

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

10 March 2005