Commonwealth Numbered Acts

BROADCASTING SERVICES AMENDMENT ACT 1995 No. 139 of 1995 - SECT 8

8. Section 115 of the Principal Act is amended:

   (a)  by omitting from subsection (1) ", or the live televising of which,";

   (b)  by omitting subsection (2) and substituting the following subsections:

"(1A) The Minister may, by notice published in the Gazette, amend a notice
under subsection (1) to specify an additional event, or events of a kind, the
televising of which should, in the opinion of the Minister, be available free
to the public.

"(1B) Subject to subsection (2), an event specified in a notice under
subsection (1) is taken to be removed from the notice 168 hours after the end
of the event, unless the Minister publishes in the Gazette before that time a
declaration that the event continues to be specified in the notice after that
time.

"(2) The Minister may, by notice published in the Gazette, amend a notice
under subsection (1) to remove an event from the notice.
Note: The following are examples of situations in which the Minister might
exercise the power to remove an event from a notice: Example 1 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 notice is likely to have the effect that the
event will be televised to a greater extent than if it remained on the notice.
Example 2 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 notice is likely
to have the effect that the removed event will be televised to a greater
extent than it would be if it remained on the notice.";

   (c)  by omitting subsection (3) and substituting:

"(3) Notices and declarations under this section are disallowable instruments
for the purposes of section 46A of the Acts Interpretation Act  1901 .".