Explanatory Statement
Issued by the authority of the Australian Communications and Media Authority
BROADCASTING SERVICES CLARIFICATION NOTICE 2001 VARIATION 2011 (NO. 1)
Broadcasting Services Act 1992
Background, purpose and legislative basis
This document provides an explanation of the Broadcasting Services Clarification Notice 2001 Variation 2011 (No. 1) (the Clarification Notice Variation) made under paragraph 19(1)(b) of the Broadcasting Services Act 1992 (the BSA).
The BSA allows the Australian Communications and Media Authority (the ACMA) to clarify the criteria for the different categories of broadcasting services specified in sections 14 to 18A of the BSA for the purpose of distinguishing between these categories of broadcasting services.
On 20 December 2001 the Australian Broadcasting Authority made the Broadcasting Services Clarification Notice 2001 (the Clarification Notice). The purpose of the Clarification Notice is to provide certainty about the category of service into which certain broadcasting services fall under the BSA. It does this by deeming services that conform to the criteria set out in the Clarification Notice to be open narrowcasting radio services.
Section 8 of the Clarification Notice relates to radio broadcasting services that broadcast pre-recorded and “looped” (regularly repeated) content. Specifically, section 8 sets out when such a service will be considered to be an open narrowcasting service for the purposes of the BSA.
An investigation conducted by the ACMA in 2008 indicated that there was some confusion among providers of open narrowcasting services regarding the application of section 8 of the Clarification Notice. In June 2008 the ACMA made a decision to conduct a review of section 8 of the Clarification Notice.
The Clarification Notice Variation makes amendments to the Clarification Notice in order to provide greater clarity to the narrowcasting radio industry as to which broadcasting services providing pre-recorded, regularly repeated audio content will be considered to be an open narrowcasting service for the purposes of the BSA. The Clarification Notice Variation also updates certain terminology to reflect changes in technology.
Consultation
Comments on the proposed variation were sought from Commercial Radio Australia (CRA) and the Australian Narrowcast Radio Association (ANRA), the national industry bodies representing the commercial radio industry and the open narrowcasting radio industry respectively.
The responses received from both of these parties were to the effect that neither had any objection to the proposed variation.
Regulatory Impact
On 9 August 2009 the Office of Best Practice Regulation agreed with the ACMA’s preliminary assessment that, as the proposed variation will have ‘minor and machinery impacts’, no Regulation Impact Statement would be required in relation to the proposed variation and provided advice to this effect (ID 11676). Accordingly no Regulation Impact Statement is required for the Clarification Notice Variation.
Notes on the instrument
Section 1 – Name of instrument
Section 1 provides that the Clarification Notice Variation is the Broadcasting Service Clarification Notice 2001 Variation 2011 (No. 1)
Section 2 – Commencement
Section 2 sets out that the Clarification Notice Variation commences on the day after it is registered.
Section 3 – Variation of Broadcasting Services Clarification Notice 2001
Section 3 provides that Schedule 1 varies the Clarification Notice.
Schedule 1 – Variation
[1] Section 8
Item 1 omits the section, including the heading, and replaces it with a new section 8. The new section 8 clarifies that, for the purposes of the BSA, certain services providing pre-recorded, regularly repeated audio content are open narrowcasting services. Such services must consist of no more than four hours of pre-recorded material, which is repeated in the same order. The material cannot be updated or otherwise varied more than once in any week.