Broadcasting Services Act 1992
146DProgram suppliers
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146D Program suppliers
(1) This section sets out the 3 situations in which a person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part.
Agreements
(2) A person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part if:
(a) the person has an agreement to supply the licensee with programs that can be televised by the licensee; and
(b) the person supplies, or may reasonably be expected to supply, the licensee with at least two‑thirds of:
(i) all the sporting programs that are, or are to be, televised by the licensee during the period when the agreement is in force; or
(ii) all the prescribed programs that are, or are to be, televised by the licensee during the period when the agreement is in force;
whether or not the programs are, or are to be, supplied under the agreement.
Related body corporate
(3) A person is a program supplier of a commercial television broadcasting licensee for the purposes of this Part if the person:
(a) is a related body corporate of the licensee; and
(b) supplies, or proposes to supply, the licensee with any of:
(i) the sporting programs that are, or are to be, televised by the licensee; or
(ii) the prescribed programs that are, or are to be, televised by the licensee.
ACMA declaration
(a) apart from this subsection, a person is not a program supplier of a commercial television broadcasting licensee; and
(b) the person supplies, or proposes to supply, the licensee with any of:
(i) the sporting programs that are, or are to be, televised by the licensee; or
(ii) the prescribed programs that are, or are to be, televised by the licensee; and
(c) having regard to the following matters, the ACMA is satisfied that the person should be treated as a program supplier of the licensee:
(i) the purpose underlying this Part;
(ii) whether the relationship between the person and the licensee was entered into or maintained for the sole or dominant purpose of avoiding the application of any provision of this Part;
(iii) any other relevant matters;
the ACMA may, by writing, declare that the person is a program supplier of the licensee for the purposes of this Part.
(5) A declaration under subsection (4) has effect accordingly.
(6) The ACMA must arrange for a copy of a declaration under subsection (4) to be:
(a) given to the person and licensee concerned; and