[GA]
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Number 18 of 2009
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| | BROADCASTING ACT 2009
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary and General matters
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Section
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1. Short title.
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2. Definitions.
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3. Repeals.
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4. Expenses.
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PART 2
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Broadcasting Authority of Ireland
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5. Establishment day.
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6. Establishment of Authority, Contract Awards and Compliance Committees.
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7. Body corporate and seal.
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8. Appointment of Authority, Contract Awards Committee and Compliance Committee.
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9. Criteria for membership.
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10. Terms and removal.
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11. Chairperson of Authority or statutory committee.
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12. Exclusions from membership of Authority or statutory committee.
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13. Meetings of Authority or statutory committee.
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14. Chief executive officer of Authority.
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15. Staff.
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16. Superannuation.
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17. Advisory committees.
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18. Consultants and advisers.
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19. Accountability of chief executive to Committee of Public Accounts.
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20. Accountability of chief executive and chairpersons of Authority and statutory committees to other Oireachtas Committees.
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21. Disclosure by members of Authority and statutory committee of certain interests.
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22. Disclosure by staff of Authority of certain interests.
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23. Code of conduct.
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24. Independence.
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25. Objectives of Authority.
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26. Functions of Authority.
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27. Functions of Contract Awards Committee.
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28. Functions of Compliance Committee.
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29. Strategy statements.
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30. Policy communications.
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31. Powers.
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32. Duties of Authority and statutory committees.
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33. Levy.
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34. Exchequer funding.
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35. Borrowings.
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36. Deposits and charges for services.
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37. Accounts and audits.
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38. Reports to Minister.
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PART 3
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Broadcasters — Duties, Codes and Rules
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39. Duties of broadcasters.
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40. Recording of broadcasts.
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41. Advertising.
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42. Broadcasting codes.
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43. Broadcasting rules.
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44. Inspection of draft broadcasting codes and rules.
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45. Presentation of broadcasting codes and rules to Minister.
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46. Co-operation with other parties — standards and self-regulation.
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PART 4
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Redress
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47. Code of practice — complaints handling.
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48. Complaints process.
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49. Right of reply.
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PART 5
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Enforcement
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Chapter 1
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Compliance with terms of contract
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50. Investigation into affairs of contractor.
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51. Termination or suspension of contract under Part 6 or 8.
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Chapter 2
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Financial Sanctions
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52. Definitions (Chapter 2).
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53. Investigation into affairs of broadcaster.
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54. Report, findings, recommendations and procedures relating to outcome of investigation.
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55. Financial sanctions.
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56. Matters to be considered in determining the amount of financial sanction.
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Chapter 3
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Notifications
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57. Notifications.
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PART 6
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Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters
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58. Interpretation (Part 6).
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59. Broadcasting licence.
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60. Variation of broadcasting licence.
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61. Emergencies.
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62. Restriction on award of sound broadcasting contract.
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63. Sound broadcasting contracts.
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64. Community sound broadcasting contracts.
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65. Applications for sound broadcasting contracts.
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66. Determination of applications for award of sound broadcasting contracts and television programme service contract.
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67. Fast-track application process for award of sound broadcasting contracts.
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68. Sound broadcasting contracts for temporary or institutional sound broadcasting services.
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69. Terms and conditions of broadcasting contract.
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70. Television programme service contract.
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71. Content provision contracts.
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72. Community content provision contracts.
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73. Assessment of community needs in respect of broadcasting.
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74. Electronic programme guides.
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75. Rules with respect to programme guide contracts.
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76. Transmission of broadcasting services by MMD system.
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77. Must-carry and must-offer obligations.
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78. Offences (Part 6).
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PART 7
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Public Service Broadcasting
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Chapter 1
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Public Service Broadcasting Corporations — Common Provisions
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79. Bodies corporate.
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80. Seals of corporations.
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81. Appointment of board.
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82. Criteria for board membership.
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83. Appointment of staff member.
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84. Terms and removal.
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85. Chairperson.
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86. Exclusions from board membership.
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87. Duties of board members.
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88. Meetings.
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89. Director general.
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90. Staff.
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91. Superannuation.
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92. Accountability of director general and chairperson to Oireachtas Committees.
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93. Disclosure by members of corporation of certain interests.
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94. Disclosure by staff and contractors for services of certain interests.
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95. Code of conduct.
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96. Audience council.
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97. Advisory committees.
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98. Independence.
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99. Statement of strategy.
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100. Sectoral impact assessments by Authority.
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101. Public service statement.
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102. Annual statement of performance commitments.
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103. Ministerial consent for new services and variations in channels.
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104. Establishment of subsidiaries and joint ventures.
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105. Duty of corporation with respect to its revenue.
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106. Advertisements.
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107. Borrowings.
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108. Transactions between public service and commercial opportunities.
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109. Accounts and audit.
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110. Reports and information.
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111. Access to archives.
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112. Code of fair trading practice.
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Chapter 2
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Provisions specific to RTÉ
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113. Raidió Teilifís Éireann.
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114. Principal objects and associated powers of RTÉ.
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115. Broadcasting infrastructure.
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116. Independent programme account.
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Chapter 3
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Provisions specific to TG4
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117. Continuance of Teilifís na Gaeilge.
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118. Principal objects and associated powers of TG4.
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119. Accountability of director general of TG4 to Committee of Public Accounts.
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Chapter 4
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Exchange of Programme Material and Spectrum Licencing
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120. Duty to supply programme material.
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121. Public service broadcasting licence.
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122. Emergencies.
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Chapter 5
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Allocation of Public Funding to RTÉ and TG4
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123. Allocation of public funding.
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124. Recommendations as to changes to public funding.
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Chapter 6
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Bealach Thithe an Oireachtais and Bealach Scannán na hÉireann
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125. Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel).
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126. Amendment of Schedule to Houses of the Oireachtas Commission Act 2003.
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127. Bealach Scannán na hÉireann (Irish Film Channel).
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128. Oversight of public funding of Houses of the Oireachtas Channel and Irish Film Channel.
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PART 8
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Digital Broadcasting and Analogue Switch-Off
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129. Definitions (Part 8).
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130. Additional functions of RTÉ.
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131. Additional functions of Authority.
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132. Duty of Communications Regulator in respect of digital terrestrial television multiplexes.
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133. Duty of Communications Regulator in respect of digital terrestrial sound broadcasting multiplexes.
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134. Amendment of sound broadcasting contracts for listed simulcast services.
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135. Regulations prescribing fees.
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136. Applications for multiplex contracts.
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137. Determination of applications for award of multiplex contracts.
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138. Terms and conditions of multiplex contracts.
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139. Analogue switch-off.
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PART 9
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Television Licence
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140. Definitions (Part 9) — order — “specified place”.
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141. Laying regulations and orders — Part 9.
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142. Restrictions on possession of television set.
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143. Grant of television licences.
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144. Regulations in regard to television licences.
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145. Issue of television licences by agent.
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146. Request to show television licence.
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147. Statutory declaration.
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148. Offences for not having television licence.
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149. Reminder notification and fixed payment notice.
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150. Reminder notification — effective date of television licence and recovery of licence fees.
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151. Prosecution of offences.
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152. Miscellaneous amendments.
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PART 10
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Broadcasting Fund
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153. Definitions (Part 10).
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154. Broadcasting funding scheme.
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155. Objectives of scheme.
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156. Amounts to be paid by Minister to scheme.
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157. Broadcasting fund.
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158. Reviews of scheme.
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159. Winding-up and dissolution of scheme.
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PART 11
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Major Events Television Coverage
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160. Definitions (Part 11).
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161. Application.
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162. Designation of major events.
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163. Consultation.
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164. Broadcasters’ duties with respect to designated events.
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165. Broadcasters’ duties with respect to Member State events.
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166. Civil remedies.
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167. Reasonable market rates.
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168. Qualifying broadcaster may apply to High Court to obtain rights from event organiser to provide coverage of designated event on free television services in State, etc.
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169. Arbitration in respect of reasonable market rates where event organiser is willing to sell broadcasting rights to designated event to qualifying broadcaster.
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170. Criteria for determining reasonable market rates.
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171. Obligation to give copy of agreement or arrangement to broadcasting rights to Minister.
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172. Service of directions and notification.
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173. Review of designated events.
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PART 12
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Transitional Provisions
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174. Dissolution of BCI and saver.
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175. Dissolution of BCC and saver.
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176. Transitional provisions — BCI.
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177. Transitional provisions — BCC.
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178. Final accounts of BCI.
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179. Continuance of Ministerial consents given in respect of public service broadcasters.
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PART 13
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Wireless Telegraphy
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180. Collective citations — Wireless Telegraphy Acts.
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181. Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.).
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182. Matters relating to wireless telegraphy.
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PART 14
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Miscellaneous
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183. Amendment to definitions in Copyright and Related Rights Act 2000.
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184. Minister’s functions in relation to electronic communications networks and electronic communications services.
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185. Amendment of section 5 of Act of 1998 (advertisement, etc., by Referendum Commission).
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SCHEDULE 1
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Enactments Repealed
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SCHEDULE 2
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Sections 5 to 9 of the
Wireless Telegraphy Act 1926
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Acts Referred to
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British-Irish Agreement Act 1999
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1999, No. 1
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Broadcasting (Amendment) Act 2007
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2007, No. 15
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Broadcasting (Funding) Act 2003
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2003, No. 43
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Broadcasting (Major Events Television Coverage) (Amendment) Act 2003
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2003, No. 13
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Broadcasting (Major Events Television Coverage) Act 1999
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1999, No. 28
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Broadcasting (Offences) Act 1968
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1968, No. 35
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Broadcasting (Offences) Acts 1968 and 1988
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Broadcasting Act 1990
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1990, No. 24
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Broadcasting Act 2001
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2001, No. 4
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Broadcasting and Wireless Telegraphy Act 1988
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1988, No. 19
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Broadcasting Authority (Amendment) Act 1964
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1964, No. 4
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Broadcasting Authority (Amendment) Act 1966
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1966, No. 7
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Broadcasting Authority (Amendment) Act 1971
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1971, No. 2
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Broadcasting Authority (Amendment) Act 1973
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1973, No. 1
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Broadcasting Authority (Amendment) Act 1974
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1974, No. 33
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Broadcasting Authority (Amendment) Act 1976
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1976, No. 37
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Broadcasting Authority (Amendment) Act 1979
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1979, No. 36
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Broadcasting Authority (Amendment) Act 1993
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1993, No. 15
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Broadcasting Authority Act 1960
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1960, No. 10
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Communications Regulation Act 2002
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2002, No. 20
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Communications Regulation (Amendment) Act 2007
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2007, No. 22
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Companies Act 1963
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1963, No. 33
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Companies Act 1990
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1990, No. 33
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Comptroller and Auditor General (Amendment) Act 1993
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1993, No. 8
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Copyright and Related Rights Act 2000
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2000, No. 28
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Disability Act 2005
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2005, No. 14
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Ethics in Public Office Act 1995
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1995, No. 22
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European Communities (Amendment) Act 1993
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1993, No. 25
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European Parliament Elections Act 1997
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1997, No. 2
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Houses of the Oireachtas Commission Act 2003
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2003, No. 28
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Intoxicating Liquor Act 2003
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2003, No. 31
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Local Government Act 2001
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2001, No. 37
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Maritime Safety Act 2005
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2005, No. 11
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Mercantile Marine Act 1955
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1955, No. 29
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Police (Property) Act 1897
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60 & 61 Vic. c. 30.
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Postal and Telecommunications Services Act 1983
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1983, No. 24
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Prohibition of Incitement to Hatred Act 1989
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1989, No. 19
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Radio and Television Act 1988
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1988, No. 20
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Referendum Act 1998
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1998, No. 1
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Registration of Clubs (Ireland) Act 1904
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4 Edw. 7, c. 9
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Road Traffic Act 1961
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1961, No. 24
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Wireless Telegraphy Act 1926
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1926, No. 45
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Wireless Telegraphy Act 1972
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1972, No. 5
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Wireless Telegraphy Acts 1926 to 1988
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Wireless Telegraph Act 1956
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1956, No. 4
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Number 18 of 2009
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|
| | BROADCASTING ACT 2009
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