Broadcasting Services Act 1992

This section applies to a media content service provider, other than:

a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)); or

a national broadcaster.

A media content service provider must not acquire the right to televise or otherwise provide coverage of the whole or a part of an event that is included in the anti‑siphoning list to end‑users in Australia unless:

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

both of the following apply:

one or more commercial television broadcasting licensees (other than licensees who hold licences allocated under section 38C or subsection 40(1)) have the right to televise the whole or a part of the event;

the television broadcasting services of that licensee, or of those licensees, cover a total of more than 50% of the Australian population.

Subsection (2) is a civil penalty provision.

The Minister may, by legislative instrument, determine that subsection (2) does not apply to a specified media content service provider if the Minister is satisfied that it is appropriate to do so.

In making such a determination, the Minister may have regard to the following:

the object in paragraph 3(1)(eb);

the extent to which the application of subsection (2) of this section to the provider would, in the circumstances, impose an undue burden or restriction on the provider;

any other matter the Minister considers relevant.