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

Administered by Department of Communications and the Arts

Legislation au F2007L03668 Not in force Legislative Instrument

Legislation content

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

 1 Name of Declaration [see Note 1]

 2 Commencement [see Note 1]

 3 Definitions 

 4 Applicable number 

Notes   

 

 

 

 

1 Name of Declaration [see Note 1]

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

2 Commencement [see Note 1]

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

3 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.

4 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

 

 

Overview

The Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 was enacted to address the need for specific regulations regarding the amount of local content broadcasted by commercial radio services, particularly regional ones. This legislative instrument was made under the Broadcasting Services Act 1992 by the Australian Communications and Media Authority (ACMA) in accordance with section 43C(3)(c) of the Act. The policy objective behind this declaration is to ensure that regional commercial radio services provide a certain minimum amount of local content, thereby supporting local communities and maintaining a diverse broadcasting landscape. The declaration specifies different applicable numbers of hours of local content for various types of regional commercial radio broadcasting licences, aiming to balance the interests of local content with the operational needs of different sized services.

Scope and Application

The Broadcasting (Hours of Local Content) Declaration No. 1 of 2007, as amended, applies to regional commercial radio broadcasting licences under the Broadcasting Services Act 1992. The legislation sets out specific hours during which local content must be broadcast, distinguishing between various types of licences, such as remote area service licences, racing service licences, section 40 licences, and small licences, each with its own applicable number of hours for local content. The regulation is applicable nationally across Australia and is enforced by the Australian Communications and Media Authority (ACMA). It is important to note that the Act does not apply to all commercial radio services but is specifically tailored for regional commercial radio services with particular characteristics and target audiences. The scope and application of this legislation are further extended and clarified through amendments and subordinate instruments, ensuring that the broadcasting services remain compliant with the local content requirements.

Key Provisions

The Broadcasting (Hours of Local Content) Declaration No. 1 of 2007, as amended, specifies the minimum hours of local content that must be broadcast by certain regional commercial radio stations under the Broadcasting Services Act 1992. The key provisions of this legislation (sections 3 and 4) outline the specific hours of local content that different types of regional commercial radio broadcasting licences are required to broadcast. For instance, remote area service licences and racing service licences must broadcast a minimum of 5 minutes of local content (section 4). In contrast, section 40 licences and small licences must broadcast at least 30 minutes of local content, while other regional commercial radio licences are required to broadcast a minimum of 3 hours of local content. The Act imposes obligations on licence holders to ensure that their broadcasting services meet the specified minimum hours of local content. This involves monitoring and reporting to the Australian Communications and Media Authority (ACMA) the amount of local content broadcast, particularly for those stations with specific requirements such as remote area service licences, racing service licences, section 40 licences, and small licences. The Act also mandates that these stations promote their content as being of interest mainly to persons involved in horse racing, harness racing, or greyhound racing, or use the term "racing radio service" in their promotions. Failure to comply with the minimum hours of local content requirement can result in civil and criminal consequences. While the specific penalties are not detailed in this Declaration, breaches of broadcasting regulations under the Broadcasting Services Act 1992 can lead to enforcement actions by ACMA, including fines, compliance notices, or in severe cases, the suspension or revocation of broadcasting licences. The penalties for non-compliance can be significant, reflecting the importance of adhering to broadcasting standards and obligations.

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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.