(i) the program supplier did not confer on the first licensee, or on another commercial television broadcasting licensee whose licence area is the same as that of the first licensee, the right to televise live in that area any part of the event or series; or
(ii) the program supplier conferred on the first licensee, or on another commercial television broadcasting licensee whose licence area is the same as that of the first licensee, the right to televise live in that area some, but not all, of the event or series; and
(d) the program supplier did not, before the offer time for the event or series, offer 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.
(3) If a commercial television broadcasting licensee’s program supplier is entitled to confer on the licensee a right to televise live a substantial proportion of a designated event, this section has effect, in relation to the program supplier, as if that proportion were a designated event in its own right.
(4) If a commercial television broadcasting licensee’s program supplier is entitled to confer on the licensee a right to televise live a substantial proportion of a designated series of events, this section has effect, in relation to the program supplier, as if that proportion were a designated series of events in its own right.
(5) This section has no effect to the extent (if any) to which it purports to authorise the acquisition of property if that acquisition:
(a) is otherwise than on just terms; and
(b) would be invalid because of paragraph 51(xxxi) of the Constitution.
(6) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
146G What constitutes an offer to transfer rights to televise live events
(1) For the purposes of this Division, a commercial television broadcasting licensee, or a program supplier, is taken to offer to transfer to a national broadcaster the right to televise live:
(a) the whole or a part of a particular designated event; or
(b) the whole or a part of a particular designated series of events;
if, and only if, the licensee or supplier, as the case may be, offers to make an arrangement (whatever its terms or form) which in substance gives the national broadcaster the right to televise live the whole or the part of the event or series, as the case may be.
(2) In determining whether an arrangement is covered by subsection (1), regard must be had to the practical effect of the arrangement.
146H Offers to transfer rights to televise live events
(1) This section applies to an offer by a commercial television broadcasting licensee, or a program supplier, to transfer to a particular national broadcaster (the first national broadcaster) the right to televise live:
(a) the whole or a part of a particular designated event; or
(b) the whole or a part of a particular designated series of events.
(2) The offer must be in writing.
(3) The offer must be given to the Managing Director of the first national broadcaster.
(4) The offer must be given to the Managing Director of the first national broadcaster at or about the same time as a corresponding offer is made to the Managing Director of the other national broadcaster.
(5) The offer must be open for acceptance by the first national broadcaster throughout the period:
(a) beginning when the offer is given to the Managing Director of the first national broadcaster; and
(b) ending immediately before the start of the event or series.
(6) The period referred to in subsection (5) must not be shorter than 7 days.
(7) The offer must require that the consideration to be given by the first national broadcaster is to consist of a promise to pay $1, if and when demanded by the licensee or the program supplier, as the case requires.
(8) The first national broadcaster is not entitled to accept the offer if a corresponding offer has already been accepted by the other national broadcaster, unless the other national broadcaster consents in writing.
(9) If:
(a) the offer is accepted by the first national broadcaster; and
(b) a corresponding offer is simultaneously accepted by the other national broadcaster;
then:
(c) the licensee or program supplier, as the case may be, may elect to treat one of those acceptances as having preceded the other of those acceptances; and
(d) if such an election is made—the other of those acceptances has no effect unless the national broadcaster who gave the preceding acceptance consents in writing.
146J Contracts to acquire rights to televise live events must authorise the transfer of the rights
(1) Neither a commercial television broadcasting licensee, nor the licensee’s program supplier, must enter into a contract under which the licensee or the program supplier, as the case may be:
(a) acquires; or
(b) will be entitled to acquire (whether on the fulfilment of a condition or otherwise);
rights to televise live the whole, or a substantial proportion, of a designated event, or of a designated series of events, unless the contract authorises the licensee or program supplier, as the case may be, to make an offer of the kind referred to in section 146E.
(2) A commercial television broadcasting licensee’s program supplier must not enter into a contract under which the program supplier:
(a) is entitled; or
(b) will be entitled (whether on the fulfilment of a condition or otherwise);
to confer on the licensee the right to televise live the whole, or a substantial proportion, of a designated event, or of a designated series of events, unless the contract authorises the program supplier to make an offer of the kind referred to in section 146F.
(3) A contract entered into in contravention of subsection (1) or (2) is void.
146K Simultaneous events in a series
Licensees
(1) For the purposes of this Division, if:
(a) a commercial television broadcasting licensee has the right to televise live, in the licence area for the licence, a particular designated series of events; and
(b) during a particular period, 2 or more events in that series (the simultaneous events) wholly or partly overlap; and
(c) during that period, the licensee televises live in that area one of those simultaneous events;
the licensee is taken, during that period, to have televised live in that area the remainder of those simultaneous events.
Note: For delayed televising in the Central‑Western time zones, see section 146KA.
(2) For the purposes of paragraph (1)(c), a licensee is taken to have televised live the whole of an event if the licensee televises live all but an insubstantial proportion of the event.
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 being televised.
(3) If a commercial television broadcasting licensee has a right to televise live a substantial proportion of a designated series of events, subsection (1) has effect, in relation to the licensee, as if that proportion were a designated series of events in its own right.
Program suppliers
(4) For the purposes of this Division, if:
(a) a commercial television broadcasting licensee’s program supplier is entitled to confer on the licensee a right to televise live, in the licence area for the licence, a particular designated series of events; and
(b) during a particular period, 2 or more events in that series (the simultaneous events) wholly or partly overlap; and
(c) the program supplier conferred on the licensee the right to televise live during that period in that area one of those simultaneous events;
the program supplier is taken to have conferred on the licensee the right to televise live during that period in that area the remainder of those simultaneous events.
(5) If a commercial television broadcasting licensee’s program supplier is entitled to confer on the licensee a right to televise live a substantial proportion of a designated series of events, subsection (4) has effect, in relation to the program supplier, as if that proportion were a designated series of events in its own right.
146KA Delayed televising in the Central‑Western time zones
(1) For the purposes of paragraph 146E(1)(c), if:
(a) a commercial television broadcasting licensee televises, in the licence area for the licence:
(i) a designated event or a designated series of events; or
(ii) a part of a designated event or a part of a designated series of events; and
(b) the event or series is eligible for delayed televising in the Central‑Western time zones; and
(c) apart from this subsection, the televising mentioned in paragraph (a) is not live; and
(d) the licence area is wholly or substantially within a particular Central‑Western time zone; and
(e) assuming the event or series, or the part of the event or series, as the case may be, had been televised live in Sydney—the event or series, or the part of the event or series, as the case may be, is televised, as mentioned in paragraph (a), not later than the local time in that zone that is equivalent to the time at which the event or series, or the part of the event or series, as the case may be, was televised live in Sydney;
the event or series, or the part of the event or series, as the case may be, is taken to be televised live by the licensee in the licence area.
(2) For the purposes of paragraph 146K(1)(c), if:
(a) a commercial television broadcasting licensee has the right to televise live, in the licence area for the licence, a particular designated series of events; and
(b) during a particular period, 2 or more events in that series wholly or partly overlap; and
(c) the licensee televises in the licence area one of those events; and
(d) the series is eligible for delayed televising in the Central‑Western time zones; and
(e) apart from this subsection, the televising mentioned in paragraph (c) is not live; and
(f) the licence area is wholly or substantially within a particular Central‑Western time zone; and
(g) assuming the event had been televised live in Sydney—the event is televised, as mentioned in paragraph (c), not later than the local time in that zone that is equivalent to the time at which the event was televised live in Sydney;
the event is taken to be televised live by the licensee in the licence area during that period.
(3) For the purposes of subsections (1) and (2), 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 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.
(4) 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.
(5) 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.
Division 3—National broadcasters
146L Anti‑hoarding rule
(1) A national broadcaster must not contravene the anti‑hoarding rule.
(2) A national broadcaster contravenes the anti‑hoarding rule if:
(a) the national broadcaster has a right to televise live, in a coverage area, the whole of a designated event, or the whole of a designated series of events; and
(b) the national broadcaster 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 national broadcaster did not televise live in that area any part of the event or series; or
(ii) the national broadcaster televised live in that area some, but not all, of the event or series; and
(d) the national broadcaster did not, before the offer time for the event or series of events, offer to transfer to the other national broadcaster, in accordance with sections 146M and 146N, the right to televise live in that 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: For delayed televising in the Central‑Western time zones, see section 146R.
(3) For the purposes of subsection (2), a national broadcaster is taken to have televised live the whole of an event, or the whole of a series of events, if the national broadcaster televises live all but an insubstantial proportion of the event or series, as the case may be.
Note 1: For example, in the case of the ABC, interruptions by way of 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.
Note 2: For example, in the case of the SBS, 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.
(4) If a national broadcaster has a right to televise live a substantial proportion of a designated event, this section has effect, in relation to the national broadcaster, as if that proportion were a designated event in its own right.
(5) If a national broadcaster has a right to televise live a substantial proportion of a designated series of events, this section has effect, in relation to the national broadcaster, as if that proportion were a designated series of events in its own right.
(6) This section does not apply to a right acquired by a national broadcaster because of the operation of Division 2 or this Division.
146M What constitutes an offer to transfer rights to televise live events
(1) For the purposes of this Division, a national broadcaster (the first national broadcaster) is taken to offer to transfer to the other national broadcaster the right to televise live:
(a) the whole or a part of a particular designated event; or
(b) the whole or a part of a particular designated series of events;
if, and only if, the first national broadcaster offers to make an arrangement (whatever its terms or form) which in substance gives the other national broadcaster the right to televise live the whole or the part of the event or series, as the case may be.
(2) In determining whether an arrangement is covered by subsection (1), regard must be had to the practical effect of the arrangement.
146N Offers to transfer rights to televise live events
(1) This section applies to an offer by a national broadcaster to transfer to the other national broadcaster the right to televise live:
(a) the whole or a part of a particular designated event; or
(b) the whole or a part of a particular designated series of events.
(2) The offer must be in writing.
(3) The offer must be given to the Managing Director of the other national broadcaster.
(4) The offer must be open for acceptance by the other national broadcaster throughout the period:
(a) beginning when the offer is given to the Managing Director of the other national broadcaster; and
(b) ending immediately before the start of the event or series.
(5) The period referred to in subsection (4) must not be shorter than 7 days.
(6) The offer must require that the consideration to be given by the other national broadcaster is to consist of a promise to pay $1, if and when demanded by the national broadcaster who made the offer.
146P Contracts to acquire rights to televise live events must authorise the transfer of the rights
(1) A national broadcaster must not enter into a contract under which the national broadcaster:
(a) acquires; or
(b) will be entitled to acquire (whether on the fulfilment of a condition or otherwise);
rights to televise live the whole, or a substantial proportion, of a designated event, or of a designated series of events, unless the contract authorises the national broadcaster to make an offer of the kind referred to in section 146L.
(2) A contract entered into in contravention of subsection (1) is void.
146Q Simultaneous events in a series
(1) For the purposes of this Division, if:
(a) a national broadcaster has the right to televise live, in a coverage area, a particular designated series of events; and
(b) during a particular period, 2 or more events in that series (the simultaneous events) wholly or partly overlap; and
(c) during that period, the national broadcaster televises live in that area one of those simultaneous events;
the national broadcaster is taken, during that period, to have televised live in that area the remainder of those simultaneous events.
Note: For delayed televising in the Central‑Western time zones, see section 146R.
(2) For the purposes of paragraph (1)(c), a national broadcaster is taken to have televised live the whole of an event if the broadcaster televises live all but an insubstantial proportion of the event.
Note 1: For example, in the case of the ABC, interruptions by way of news breaks, program promotions, announcements or brief crosses to other live events would amount to an insubstantial proportion of the event being televised.