Program suppliers
146D Program suppliers
This section sets out the 3 situations in which a person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part.
Agreements
A person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part if:
the person has an agreement to supply the licensee with programs that can be televised by the licensee; and
the person supplies, or may reasonably be expected to supply, the licensee with at least two‑thirds of:
all the sporting programs that are, or are to be, televised by the licensee during the period when the agreement is in force; or
all the prescribed programs that are, or are to be, televised by the licensee during the period when the agreement is in force;
whether or not the programs are, or are to be, supplied under the agreement.
Related body corporate
A person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part if the person:
is a related body corporate of the licensee; and
supplies, or proposes to supply, the licensee with any of:
the sporting programs that are, or are to be, televised by the licensee; or
the prescribed programs that are, or are to be, televised by the licensee.
ACMA declaration
If:
apart from this subsection, a person is not a program supplier of a commercial television broadcasting licensee; and
the person supplies, or proposes to supply, the licensee with any of:
the sporting programs that are, or are to be, televised by the licensee; or
the prescribed programs that are, or are to be, televised by the licensee; and
having regard to the following matters, the ACMA is satisfied that the person should be treated as a program supplier of the licensee:
the purpose underlying this Part;
whether the relationship between the person and the licensee was entered into or maintained for the sole or dominant purpose of avoiding the application of any provision of this Part;
any other relevant matters;
the ACMA may, by writing, declare that the person is a program supplier of the licensee for the purposes of this Part.
A declaration under subsection (4) has effect accordingly.
The ACMA must arrange for a copy of a declaration under subsection (4) to be:
given to the person and licensee concerned; and
published in the Gazette.
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