Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Cth)

Broadcasting (Hours of Local Content) Declaration No. 1 of 2007

as amended

made under paragraph 43C (3) (c) of the

Broadcasting Services Act 1992

This compilation was prepared on 18 September 2007
taking into account amendments up to Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Amendment No. 1 of 2007)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Name of Declaration [see Note 1]   3

2Commencement [see Note 1]   3

3Definitions   3

4Applicable number   4

Notes 5

1. Name of Declaration [see Note 1]

This Declaration is the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007.

1. Commencement [see Note 1]

This Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.

1. Definitions

In this Declaration:

ACMA means Australian Communications and Media Authority

racing service licence means a regional commercial radio broadcasting licence used to provide a broadcasting service that has the characteristics set out in subitems 3 (1), 3 (2) and 3 (3):

(1)    At least 60% of the content of the broadcasting service on a day (except Christmas Day or Good Friday) is:

(a)    descriptions of any combination of horse races, harness races and greyhound races; and

(b)    the provision of information directly related to horse racing, harness racing or greyhound racing (including selections, scratchings, betting information and track conditions); and

(c)    material (such as music, news reports, weather reports, announcements and advertisements) that is:

(i)     incidental to the provision of the content mentioned in paragraphs (a) and (b); and

(ii)     provided only during periods between particular races on that day; and

(iii)     provided to the minimum extent practicable between particular races; and

(iv)     provided for a total of not more than 15 minutes in each hour of the day.

Note   For subparagraph (2) (c) (iv), the hours to be used are the hours starting at midnight, 1 am, 2 am, and so on.

(2)    A significant proportion of the content of the broadcasting service to which subsection (1) does not apply is:

(a)    relevant to horse racing, harness racing or greyhound racing; or

(b)    of interest mainly to persons involved in horse racing, harness racing or greyhound racing;

    provided throughout the period to which subsection (1) does not apply.

(3)    The broadcasting service is promoted, in the content of the broadcasting service:

(a)    as a service of interest mainly to persons involved in horse racing, harness racing or greyhound racing; or

(b)    using the words ‘racing radio service’.

regional commercial radio broadcasting licence has the meaning given by subsection 43C (8) of the Broadcasting Services Act 1992.

remote area service licence means a regional commercial radio broadcasting licence that has one of the following licence areas:

(a)    Remote Commercial Radio Service Central Zone RA1;

(b)    Remote Commercial Radio Service North East Zone RA1; or

(c)    Remote Commercial Radio Service Western Zone RA1.

section 40 licence means a regional commercial radio broadcasting licence allocated by ACMA pursuant to section 40 of the Broadcasting Services Act 1992

small licence means a regional commercial radio broadcasting licence located in a licence area in which the total population of the licence area is fewer than 30,000 people, according to the most recent determination made by ACMA under section 30 of the Broadcasting Services Act 1992.

1. Applicable number

For a licence that is a remote area service licence or a racing service licence, the applicable number is 5 minutes.

For a licence that is a section 40 licence or small licence, the applicable number is 30 minutes.

For any other regional commercial radio licence, the applicable number is 3 hours.

Notes to the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007

Note 1

The Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (in force under paragraph 43C (3) (c) of the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Broadcasting (Hours of Local Content) Declaration No. 1 of 2007	13 Sept 2007 (see F2007L03668)	14 Sept 2007
Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Amendment No. 1 of 2007)	17 Sept 2007 (see F2007L03725)	18 Sept 2007	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 3.........................................	am. 2007 No. 1
S. 4.........................................	rs. 2007 No. 1