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 being televised.
(3) 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.
146R Delayed televising in the Central‑Western time zones
(1) For the purposes of paragraph 146L(2)(c), if:
(a) a national broadcaster televises, in a coverage area:
(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 coverage 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 national broadcaster in the coverage area.
(2) For the purposes of paragraph 146Q(1)(c), 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 wholly or partly overlap; and
(c) the broadcaster televises in the coverage 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 coverage 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 national broadcaster in the coverage area during that period.
(3) For the purposes of subsections (1) and (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 broadcaster televises 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 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 broadcaster, as if that proportion were a designated series of events in its own right.
Part 10B—Anti‑siphoning scheme
Division 1—Introduction
146S Simplified outline
• This Part sets up a scheme to promote the free availability to audiences throughout Australia of television coverage of events of national importance and cultural significance.
• The Minister may, by legislative instrument (the anti‑siphoning list), specify the events that are covered by this Part. If an event is specified in the list, there is a period in which media content service providers (other than national broadcasters and certain Australian commercial television broadcasting licensees) are prohibited from acquiring the rights to televise or otherwise provide coverage of a whole or a part of the event. This ensures that national broadcasters and certain Australian commercial television broadcasting licensees have the opportunity to acquire the rights and televise the event for free to the general public.
• If the rights to an event are not acquired within the relevant period, the event is automatically removed from the anti‑siphoning list, unless the Minister makes another legislative instrument declaring that the event is to remain in the list.
• The Minister also has a general power to remove events from the list if the Minister considers it appropriate to do so (for example, if the Minister thinks that doing so is likely to have the effect that the event will be televised to a greater extent than if it remained in the list).
• The ACMA has information gathering and enforcement functions and powers in relation to this Part.
• There is to be a review of the operation of this Part.
146T Definitions
In this Part:
anti‑siphoning list means the instrument made under subsection 146V(1).
audiovisual content includes television programs.
Australia, when used in a geographical sense, includes all the external Territories.
coverage means coverage that involves audiovisual content or moving visual content.
listed carriage service has the same meaning as in the Telecommunications Act 1997.
media content service has the meaning given by section 146U.
media content service provider means a person who provides a media content service.
related body corporate has the same meaning as in the Corporations Act 2001.
146U Media content service
(1) For the purposes of this Part, media content service means any of the following:
(a) a broadcasting service;
(b) an online information service (for example, a dial‑up information service);
(c) an online entertainment service (for example, a video on demand service or an interactive computer game service);
(d) any other online service that allows end‑users to access content using a listed carriage service;
(e) a specified service that the Minister determines, under subsection (2), is a media content service;
but does not include a specified service that the Minister determines, under subsection (3), is not a media content service.
(2) For the purposes of paragraph (1)(e), the Minister may, by legislative instrument, determine that a specified service is a media content service.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(3) For the purposes of subsection (1), the Minister may, by legislative instrument, determine that a specified service is not a media content service.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Division 2—Anti‑siphoning rules
146V Minister may protect the free availability of certain types of programs
(1) The Minister may, by legislative instrument (the anti‑siphoning list), specify an event, or events of a kind, the televising of which should, in the opinion of the Minister, be available free to the general public.
Note: An instrument made under this subsection can be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.
Delisting of events before the event occurs
(2) An event specified in the anti‑siphoning list is taken to be removed from the list 4,368 hours before the start of the event (the delisting time), unless:
(a) the Minister, by legislative instrument, declares that the event continues to be specified in the list; and
(b) does so before the delisting time.
(3) The Minister may make a declaration under subsection (2) only if the Minister is satisfied that at least one commercial television broadcasting licensee or national broadcaster has not had a reasonable opportunity to acquire the right to televise the event concerned.
Delisting of events after the event occurs
(4) An event specified in the anti‑siphoning list is taken to be removed from the list 168 hours after the end of the event (the delisting time), unless:
(a) the Minister, by legislative instrument, declares that the event continues to be specified in the list after the delisting time; and
(b) does so before the delisting time.
General power to delist events
(5) The Minister may, by legislative instrument, amend the anti‑siphoning list to remove an event if, in the Minister’s opinion, it is appropriate in all the circumstances.
Examples: The following are examples of situations in which the Minister might exercise the power to remove an event from the anti‑siphoning list:
(a) The national broadcasters and commercial television broadcasting licensees have had a real opportunity to acquire the right to televise an event, but none of them has acquired the right within a reasonable time. The Minister is of the opinion that removing the event from the list is likely to have the effect that the event will be televised to a greater extent than if it remained in the list;
(b) A commercial television broadcasting licensee has acquired the right to televise an event, but has failed to televise the event or has televised only an unreasonably small proportion of the event. The Minister is of the opinion that removing that event, or another event, from the list is likely to have the effect that the removed event will be televised to a greater extent than it would be if it remained in the list.
146W Events in anti‑siphoning list should be televised for free
(1) This section applies to a media content service provider, other than:
(a) a commercial television broadcasting licensee (other than a licensee who holds a licence allocated under section 38C or subsection 40(1)); or
(b) a national broadcaster.
(2) 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) a national broadcaster has the right to televise the whole or a part of the event on any of its broadcasting services; or
(b) both of the following apply:
(i) 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;
(ii) the television broadcasting services of that licensee, or of those licensees, cover a total of more than 50% of the Australian population.
(3) Subsection (2) is a civil penalty provision.
Exception
(4) 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.
(5) In making such a determination, the Minister may have regard to the following:
(a) the object in paragraph 3(1)(eb);
(b) 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;
(c) any other matter the Minister considers relevant.
146X Extraterritorial application
This Part extends to acts, omissions, matters and things outside Australia.
146Y Remedial directions
Scope
(1) This section applies if the ACMA is satisfied that a media content service provider has contravened, or is contravening, subsection 146W(2).
Remedial directions
(2) The ACMA may give the person a written direction requiring the provider to take specified action directed towards ensuring that, in the future:
(a) the provider does not contravene subsection 146W(2); or
(b) the provider is unlikely to contravene that subsection.
(3) The following are examples of the kinds of direction that may be given to a media content service provider under subsection (2):
(a) a direction that the provider implement effective administrative systems for monitoring compliance with subsection 146W(2);
(b) a direction that the provider implement a system designed to give the provider’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of subsection 146W(2), in so far as those requirements affect the employees, agents or contractors concerned.
(4) A person must not contravene a direction under subsection (2).
Civil penalty provision
(5) Subsection (4) is a civil penalty provision.
Division 3—Information gathering
146Z ACMA may obtain information and documents
Scope
(1) This section applies to a person who:
(a) is a media content service provider; or
(b) is a related body corporate of a media content service provider;
if:
(c) the ACMA has reason to believe that the person has information or a document that is relevant to:
(i) monitoring compliance with this Part; or
(ii) the performance of the ACMA’s functions under paragraph 10(1)(a), (e), (n) or (q) of the Australian Communications and Media Authority Act 2005.
ACMA may require information or documents
(2) The ACMA may, by written notice given to the person, require the person to do any of the following:
(a) to give to the ACMA, within the period and in the manner and form specified in the notice, any such information;
(b) to produce to the ACMA, within the period and in the manner specified in the notice, any such documents;
(c) to make copies of any such documents and to produce to the ACMA, within the period and in the manner specified in the notice, those copies.
(3) A person must comply with a requirement under subsection (2).
Civil penalty provision
(4) Subsection (3) is a civil penalty provision.
(5) A person who contravenes subsection (3) 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.
Designated infringement notice provision
(6) Subsection (3) is a designated infringement notice provision.
Requirements for notice
(7) A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.
146ZA Copies of documents
(1) The ACMA may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.
(2) The ACMA may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 146Z(2)(c).
Division 4—Review of this Part
146ZB Review of this Part
(1) The Minister must cause a review to be conducted of the operation, effectiveness and implications of:
(a) this Part; and
(b) the anti‑siphoning list.
(2) The review must commence as soon as practicable after the end of the 2 year period starting on the day on which this Part commences.
Report
(3) The persons undertaking the review must give the Minister a written report of the review. The report must not include information that is commercially sensitive.
(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sittings days of that House after receiving the report.
146ZC Minister may request report
(1) The Minister may, by written notice given to the ACMA, request the ACMA to:
(a) prepare a report about any of the following:
(i) developments in the market for rights to provide coverage of sporting events in Australia;
(ii) trends in the provision and consumption of coverage of sporting events by audiences in Australia;
(iii) international developments in the regulation of the rights to provide coverage of sporting events and in the provision and consumption of such coverage;
(iv) technological developments that relate to media content services in Australia; and
(b) give the report to the Minister.
(2) The ACMA must comply with a request under subsection (1).
Part 11—Complaints to the ACMA
Division 1—Complaints relating to action under licences and class licences
147 Complaints relating to offences or breach of licence conditions
If a person believes that another person who is providing a broadcasting service has:
(a) committed an offence against this Act or the regulations; or
(aa) breached a civil penalty provision; or
(b) breached a condition of a licence or a class licence;
the person may make a complaint to the ACMA about the matter.
148 Complaints under codes of practice
If:
(a) a person has made a complaint to a provider of broadcasting services on a matter relating to:
(i) program content; or
(ii) compliance with a code of practice that applies to those services and that is included in the Register of codes of practice; and
(b) if there is a relevant code of practice relating to the handling of complaints of that kind—the complaint was made in accordance with that code of practice; and
(c) either:
(i) the person has not received a response within 60 days after making the complaint; or
(ii) the person has received a response within that period but considers that response to be inadequate;
the person may make a complaint to the ACMA about the matter.
149 Investigation of complaints by the ACMA
The ACMA may investigate the complaint if the ACMA thinks that it is desirable to do so.