(b) a direction that the person implement a system designed to give the person’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of a registered code of practice that applies to the service concerned, in so far as those requirements affect the employees, agents or contractors concerned.
142 Breach of remedial direction—offences
(1) A person commits an offence if:
(a) the person has been given a notice under section 141; and
(b) the person is:
(i) a commercial television broadcasting licensee; or
(ii) in a position to exercise control of a commercial television broadcasting licence; and
(c) the person engages in conduct; and
(d) the person’s conduct contravenes a requirement in the notice.
Penalty: 20,000 penalty units.
(2) A person commits an offence if:
(a) a person has been given a notice under section 141; and
(b) the person is a subscription television broadcasting licensee; and
(c) the person engages in conduct; and
(d) the person’s conduct contravenes a requirement in the notice.
Penalty: 2,000 penalty units.
(3) A person commits an offence if:
(a) the person has been given a notice under section 141; and
(b) the person is:
(i) a commercial radio broadcasting licensee; or
(ii) in a position to exercise control of a commercial radio broadcasting licence; and
(c) the person engages in conduct; and
(d) the person’s conduct contravenes a requirement in the notice.
Penalty: 500 penalty units.
(4) A person commits an offence if:
(a) the person has been given a notice under section 141; and
(b) the person is not:
(i) a commercial television broadcasting licensee; or
(ii) in a position to exercise control of a commercial television broadcasting licence; or
(iii) a subscription television broadcasting licensee; or
(iv) a commercial radio broadcasting licensee; or
(v) in a position to exercise control of a commercial radio broadcasting licence; and
(c) the person engages in conduct; and
(d) the person’s conduct contravenes a requirement in the notice.
Penalty: 50 penalty units.
(5) A person who contravenes subsection (1), (2), (3) or (4) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
(6) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
142A Breach of remedial direction—civil penalty provision
(1) A person must comply with a notice under section 141.
(2) Subsection (1) is a civil penalty provision.
(3) A person who contravenes subsection (1) 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.
143 Suspension and cancellation
(1) If a commercial television broadcasting licensee, a commercial radio broadcasting licensee, a subscription television broadcasting licensee or a community broadcasting licensee:
(a) fails to comply with a notice under section 141; or
(b) breaches a condition of the licence;
the ACMA may, by notice in writing given to the person:
(c) suspend the licence for such period, not exceeding 3 months, as is specified in the notice; or
(d) cancel the licence.
(1A) If:
(a) a subscription television broadcasting licensee provides a subscription TV drama service (within the meaning of Division 2A of Part 7); and
(b) the licence is suspended because of a breach of a condition set out in that Division;
the ACMA may take such action, by way of suspending one or more subscription television broadcasting licences held by:
(c) the licensee; or
(d) a related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same, or a substantially similar, service is not transmitted by the licensee or the related body corporate, as the case may be, during the period of suspension.
(1B) If:
(a) a subscription television broadcasting licensee provides a subscription TV drama service (within the meaning of Division 2A of Part 7); and
(b) the licence is cancelled because of a breach of a condition set out in that Division;
the ACMA may take such action, by way of cancelling one or more subscription television broadcasting licences held by:
(c) the licensee; or
(d) a related body corporate of the licensee;
as the ACMA considers necessary to ensure that the same, or a substantially similar, service is not transmitted by the licensee or the related body corporate, as the case may be, at a time after the cancellation.
(2) If the ACMA proposes to take action under subsection (1), (1A) or (1B), the ACMA must give to the person:
(a) written notice of its intention; and
(b) a reasonable opportunity to make representations to the ACMA in relation to the proposed action.
(3) In this section:
related body corporate has the same meaning as in the Corporations Act 2001.
Division 4—Action in relation to class licences
144 Application to Federal Court
(1) If the ACMA is satisfied that a person is providing subscription radio broadcasting services, subscription narrowcasting services or open narrowcasting services otherwise than in accordance with the relevant class licence, the ACMA may apply to the Federal Court for an order that the person cease providing those services.
(2) If the Federal Court is satisfied, on such an application, that the person is providing subscription radio broadcasting services, subscription narrowcasting services or open narrowcasting services otherwise than in accordance with the relevant class licence, the Federal Court may order the person to cease providing those services.
Part 10A—Anti‑hoarding rules
Division 1—Introduction
146A Simplified outline
The following is a simplified outline of this Part:
• This Part sets up a regime to discourage commercial television broadcasting licensees, program suppliers, the ABC and the SBS from hoarding rights to provide live television coverage of certain events or series of events.
• The Minister may, by legislative instrument, designate the events or series that are covered by this Part. The instrument must also specify an offer time for the event or series. The offer time must occur 30 days or more before the start of the event or series unless the Minister is satisfied that the offer time should occur closer to the start of the event or series.
• If a commercial television broadcasting licensee acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the licensee must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC and the SBS. The offer must remain open for acceptance for a minimum period of 7 days.
• If a commercial television broadcasting licensee’s program supplier is entitled to confer on the licensee a right to provide live television coverage of a designated event or series, but does not confer the right to televise the whole or a part of the event or series, the program supplier must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC and the SBS. The offer must remain open for acceptance for a minimum period of 7 days.
• If the ABC acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the ABC must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the SBS. The offer must remain open for acceptance for a minimum period of 7 days.
• If the SBS acquires a right to provide live television coverage of a designated event or series, but does not intend to televise the whole or a part of the event or series, the SBS must, before the offer time, offer to transfer the right to televise the whole or the part of the event or series, for a nominal charge, to the ABC. The offer must remain open for acceptance for a minimum period of 7 days.
146B Definitions
In this Part:
Central‑Western time zone means:
(a) the area consisting of:
(i) South Australia; and
(ii) Broken Hill (within the meaning of the Standard Time Act 1987 of New South Wales); or
(b) Western Australia; or
(c) the Northern Territory; or
(d) the Territory of Christmas Island; or
(e) the Territory of Cocos (Keeling) Islands.
commercial television broadcasting service means a commercial broadcasting service that provides television programs.
coverage area means an area that corresponds to a licence area.
designated event has the meaning given by section 146C.
designated series of events has the meaning given by section 146C.
licence area means a licence area for a commercial television broadcasting licence.
live, in relation to the televising of an event, or series of events, has the meaning generally accepted within the television industry.
national television broadcasting service means a national broadcasting service that provides television programs.
offer time has the meaning given by section 146C.
program supplier has the meaning given by section 146D.
related body corporate has the same meaning as in the Corporations Act 2001.
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.
146C Designated events and designated series of events
(1) The Minister may, by legislative instrument, declare that a specified event is a designated event for the purposes of this Part.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(2) The Minister may, by legislative instrument, declare that a specified series of events is a designated series of events for the purposes of this Part.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(3) To avoid doubt, the Minister may declare an event to be a designated event under subsection (1) even if the event is part of a series of events.
(4) A declaration under subsection (1) or (2) must also provide that a time that:
(a) is ascertained in accordance with the declaration; and
(b) occurs before the start of the event, or the series of events, as the case may be;
is the offer time in relation to the event or the series of events, as the case requires, for the purposes of this Part.
(5) The offer time in relation to an event or series of events must occur 30 days or more before the start of the event or the series of events, as the case may be, unless the Minister is satisfied that the offer time should occur closer to the start of the event or series of events, as the case requires.
(6) A declaration under this section has effect accordingly.
146CA When event or series is eligible for delayed televising in the Central‑Western time zones
(1) The Minister may, by legislative instrument, determine that a specified designated event is eligible for delayed televising in the Central‑Western time zones.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(2) The Minister may, by legislative instrument, determine that a specified designated series of events is eligible for delayed televising in the Central‑Western time zones.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(3) To avoid doubt, the Minister may make a determination under subsection (1) even if the event concerned is part of a series of events.
(4) A determination under this section has effect only for the purposes of paragraphs 146KA(1)(b) and (2)(d) and 146R(1)(b) and (2)(d).
Note: The following is an example of a situation in which the Minister might make a determination under this section: in a case where a day‑night cricket match begins at 2 pm in Sydney, delayed televising of the match in Perth would allow Perth viewers the same evening viewing time as viewers in Sydney.
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
(4) If:
(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
(b) published in the Gazette.
Division 2—Commercial television broadcasting licensees
146E Anti‑hoarding rule—licensees
(1) A commercial television broadcasting licensee contravenes the anti‑hoarding rule if:
(a) the licensee has a right to televise live, in the licence area for the licence, the whole of a designated event or the whole of a designated series of events; and
(b) the licensee acquired the right when the event was a designated event, or the series was a designated series of events, as the case may be; and
(c) either:
(i) the licensee did not televise live in that area any part of the event or series; or
(ii) the licensee televised live in that area some, but not all, of the event or series; and
(d) neither the licensee nor the licensee’s program supplier, before the offer time for the event or series, offered to transfer to each national broadcaster, in accordance with sections 146G and 146H, the right to televise live in the corresponding coverage area:
(i) if subparagraph (c)(i) applies—the whole of the event or series; or
(ii) if subparagraph (c)(ii) applies—the remainder of the event or series.
Note 1: For compliance by licensees, see clause 7 of Schedule 2.
Note 2: For delayed televising in the Central‑Western time zones, see section 146KA.
(2) For the purposes of subsection (1), a licensee is taken to have televised live the whole of an event, or the whole of a series of events, if the licensee televises live all but an insubstantial proportion of the event or series, as the case may be.
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 or series being televised.
(3) If a commercial television broadcasting licensee has a right to televise live a substantial proportion of a designated event, this section has effect, in relation to the licensee, as if that proportion were a designated event in its own right.
(4) If a commercial television broadcasting licensee has a right to televise live a substantial proportion of a designated series of events, this section has effect, in relation to the licensee, as if that proportion were a designated series of events in its own right.
146F Anti‑hoarding rule—program suppliers
(1) A commercial television broadcasting licensee’s program supplier must not intentionally or recklessly contravene the anti‑hoarding rule.
Penalty: 2,000 penalty units.
(2) A commercial television broadcasting licensee’s program supplier contravenes the anti‑hoarding rule if:
(a) the program supplier is entitled to confer on the licensee (the first licensee) a right to televise live, in the licence area for the licence, the whole of a designated event or the whole of a designated series of events; and
(b) the program supplier acquired the entitlement when the event was a designated event, or the series was a designated series of events, as the case may be; and