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

Administered by Department of Communications and the Arts

Legislation au F2007L03725 Not in force Legislative Instrument

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Explanatory Statement

 

Broadcasting Services Act 1992

 

BROADCASTING (HOURS OF LOCAL CONTENT) DECLARATION NO. 1 OF 2007 (AMENDMENT NO. 1 OF 2007)

 

Issued by the authority of the Minister for Communications,

Information Technology and the Arts

 

 

Purpose

 

The Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Amendment No 1 of 2007) (the Declaration) is made by the Minister for Communications, Information Technology and the Arts (the Minister) under paragraph 43C(3)(c) of the Broadcasting Services Act 1992 (the BSA). 

 

The purpose of the Declaration is to vary the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (the Principal Declaration) to:

  • vary the “applicable number” as it applies to a racing service licence and remote area service licence; and
  • vary the definition of “racing service licence”.

 

Background

 

Subsection 43C(1) of the BSA contains a safeguard relating to local content.  It provides that the Australian Communications and Media Authority (ACMA) must ensure that, from 1 January 2008, there is in force a licence condition requiring regional commercial radio licensees to broadcast minimum levels of “material of local significance” (as defined in the licence condition to be imposed by ACMA).  Each licensee will be required to broadcast “at least the applicable number of hours” of material of local significance.

 

Subsection 43C(3) of the BSA sets out the meaning of “applicable number” for the purposes of the application of subsection 43C(1).  It provides a default applicable number of 4.5 hours, but also provides that the Minister may declare a different applicable number of hours to apply to regional commercial radio broadcasting licences generally (see s. 43C(3)(b)), or to specified classes of licence (s. 43C(3)(c)). 

 

Subsections 43C(3)-(4B) of the Act specify that before the power to make the Declaration may be exercised, the Minister must cause a statutory review to be conducted and a report of the review to be prepared and tabled in both houses of Parliament.  The review was conducted by ACMA (pursuant to the Broadcasting Services (Local Content on Regional Radio) Direction No. 1 of 2006).  The report of the review was prepared by ACMA and tabled in both houses of Parliament on 13 September 2007 (Australian Communications and Media Authority, Local content levels investigation report, June 2007).

 

In accordance with subsection 33(3) of the Acts Interpretation Act 1901, the Broadcasting (Hours of Local Content) Amendment Declaration 2007 (No. 1) (the Declaration) varies the previous declaration made by the Minister under paragraph 43C(3)(c) (the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007) in order to amend the “applicable number” as it applies to ‘racing service licence’ and ‘remote area service licences’, and to amend the definition of ‘racing service licence’.

 

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

 

Section 1 provides that the name of the Declaration is the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Amendment No. 1 of 2007) (the Declaration).

 

Section 2 provides that the Declaration takes effect from the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 is a definitions clause.

 

Section 4 provides that the Principal Declaration is amended as set out in the Schedule.

 

The variations contained in the Schedule are as follows.

 

Clause 1 amends the definition of “racing service licence” contained in subitem 3(1) of the Principal Declaration.  The Principal Declaration requires that for a regional commercial radio broadcasting licence to be a “racing service licence” it must, inter alia, satisfy the criteria in subitem 3(1).  That subitem requires that at least 80% of the content of the broadcasting service on a day (except Christmas Day or Good Friday) be of a type set out in paragraphs 3(1)(a)-(c).  Broadly, those paragraphs relate to:

  • descriptions of horse races, harness races and greyhound races;
  • information directly related to horse races, harness races and greyhound races; and
  • material incidental to the content in the first two categories.

 

The Government has decided to reduce the threshold from 80% to 60%.  It is the Government’s intention that services which are predominantly racing radio services are subject to a five minute requirement.  The Government has decided that a threshold of 60% best reflects the variations in programming across racing radio services, whilst still ensuring that only services which are predominantly racing radio services are captured by the definition.

 

Clause 2 substitutes item 4 of the Principal Declaration.  The new item 4 varies the “applicable number” as it applies to a racing service licence and remote area service licence.  Item 4 of the Principal Declaration declared the applicable number to be 30 minutes for those licences. 

The Government has decided to reduce the applicable number as it applies to racing service licences and remote area service licences from 30 minutes to 5 minutes. Currently, there are four racing radio broadcasters and five remote area service licences. 

The reason for this variation is that racing service licences typically retransmit special interest content from a central location.  They are considered to have such a limited capacity to provide local content without forced format change that an applicable number of even 30 minutes is not appropriate.  Similarly, remote area service licences typically cover vast areas of outback Australia such that the delivery of 30 minutes of material of local significance would be problematic.

Consultation

 

Stakeholder views on the issue of appropriate levels of local content were sought by ACMA as part of the statutory review that the Minister caused to be conducted pursuant to subsection 43C(4) of the BSA.  Since ACMA completed its review, representations were made to the Minister directly by stakeholders regarding the appropriate levels of local content.  This supplementary consultation process contributed to the Minister’s decision to make the Declaration.

Overview

The Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Amendment No. 1 of 2007) was issued under the Broadcasting Services Act 1992 and represents a legislative adjustment to ensure the appropriate broadcast of local content by regional commercial radio services in Australia. The Broadcasting Services Act 1992 was enacted to regulate broadcasting services and includes provisions for ensuring the inclusion of local content in broadcasts. This amendment, issued by the Minister for Communications, Information Technology and the Arts, aims to modify the "applicable number" of hours of local content required for certain types of licences, particularly for racing service licences and remote area service licences, and to adjust the definition of "racing service licence" to better align with the Government's policy objectives. The policy objective of this amendment is to reflect variations in programming across different types of services while ensuring that only services predominantly focused on special interests, such as racing, are subject to the five-minute requirement for local content. This amendment seeks to balance the need for local content with the practicalities of broadcasting in remote and specialized service areas, thereby enhancing the relevance and effectiveness of local content regulations under the Broadcasting Services Act 1992.

Scope and Application

The Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Amendment No 1 of 2007) is an instrument made by the Minister for Communications, Information Technology and the Arts under the Broadcasting Services Act 1992. It varies the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 to adjust the "applicable number" of hours of local content for certain classes of regional commercial radio broadcasting licences. Specifically, it reduces the threshold for what constitutes a "racing service licence" from 80% to 60% and it reduces the applicable number of hours of local content for racing service licences and remote area service licences from 30 minutes to 5 minutes. The declaration applies to regional commercial radio broadcasters holding a racing service licence or a remote area service licence and it has a national reach. The changes in the Declaration follow a statutory review conducted by the Australian Communications and Media Authority and subsequent consultations with stakeholders.

Key Provisions

The Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Amendment No 1 of 2007) (the Declaration) modifies the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (the Principal Declaration) as authorised under subsection 43C(3)(c) of the Broadcasting Services Act 1992 (BSA). The primary changes are the adjustment of the "applicable number" for certain classes of licences and the revision of the definition of "racing service licence". Section 4 of the Declaration directs the amendment of the Principal Declaration as detailed in the Schedule, which includes a revised definition of "racing service licence" and the adjustment of the applicable number for racing service and remote area service licences. Section 2 of the Declaration specifies that it takes effect from the day after its registration on the Federal Register of Legislative Instruments. The obligations imposed by the Declaration on the relevant parties include the requirement for regional commercial radio licensees to broadcast a minimum number of hours of "material of local significance" as defined by the BSA. The amendment reduces the definitional threshold for a "racing service licence" from 80% to 60% of content related to horse races, harness races, and greyhound races, or information directly related to these events, ensuring that only predominantly racing radio services are subject to this definition. Additionally, the Declaration reduces the "applicable number" from 30 minutes to 5 minutes for both racing service and remote area service licences. This adjustment is due to the nature of these services, which typically retransmit special interest content from central locations or cover vast remote areas, making the delivery of 30 minutes of local content impractical. In terms of penalties and consequences, the Broadcasting Services Act 1992 itself does not specify penalties for non-compliance with the local content requirements within the Declaration. However, breaches of the BSA's general provisions can result in significant administrative and financial penalties. For instance, under section 132 of the BSA, an individual who contravenes a provision of a licence may be liable to a civil penalty of up to $1.1 million. Furthermore, under section 131, a corporation may face a civil penalty of up to $5.5 million. The Australian Communications and Media Authority (ACMA) is empowered to enforce compliance with the Act and can impose penalties for non-compliance. Additionally, persistent or severe breaches may lead to the suspension or revocation of a broadcasting licence, which would have significant operational and financial repercussions for the licensee.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.