Broadcasting Services Clarification Notice 2001

Administered by Department of Communications and the Arts

Legislation au F2006B00446 Not in force Legislative Instrument

Select Document

as amended

made under paragraph 19(1)(b) of the

Broadcasting Services Act 1992

This compilation was prepared on 4 May 2011

taking into account amendments up to the Broadcasting Services Clarification Notice 2001 Variation 2011 (No. 1)

Prepared by the Australian Communications and Media Authority

Contents

Page

Part 1 Preliminary

1 Name of Notice

2 Commencement

3 Definitions

Part 2 Clarification for AM and FM radio services

4 Purpose of Part 2

5 Low power transmitter: urban centres and localities

6 Limited period

7 Special event

8 Pre-recorded, regularly repeated audio content

9 Information service

10 Religious service

11 Non-English language service

12 Racing service

13 Ancillary service

Schedule 1 Open narrowcasting services

Part 1 Preliminary

1 Name of Notice

This Notice is the Broadcasting Services Clarification Notice 2001.

2 Commencement

This Notice commences on gazettal.

3 Definitions

In this Notice:

Act means the Broadcasting Services Act 1992.

locality means a population cluster that is classified as a locality by the Australian Bureau of Statistics in accordance with the Australian Standard Geographical Classification (ASGC) 2001.

urban centre means a population cluster that is classified as an urban centre by the Australian Bureau of Statistics in accordance with the Australian Standard Geographical Classification (ASGC) 2001.

Part 2 Clarification for AM and FM radio services

4 Purpose of Part 2

(1) For paragraph 19 (1) (b) of the Act, this Part clarifies the criteria specified in section 18 of the Act as they apply to a broadcasting service:

(a) provided as a radio service; and

(b) provided using an AM or FM signal within the broadcasting services bands; and

(2) If a broadcasting service does not comply with a particular section of this Part, the broadcasting service may still be an open narrowcasting service under section 18 of the Act because of its individual characteristics.

5 Low power transmitter: urban centres and localities

(1) This section applies if the broadcasting service is provided:

(a) in an urban centre or locality; and

(b) within the FM radio broadcasting band; and

Note In broad terms, under the Australian Standard Geographical Classification (ASGC) 2001, an urban centre is a population cluster of 1 000 or more people while a locality is a population cluster of between 200 and 999 people.

(2) The broadcasting service is not an open narrowcasting service by reason only of the maximum effective radiated power of the transmitter used to provide the broadcasting service.

6 Limited period

(1) This section applies if the broadcasting service is provided for:

(a) a continuous period of not more than 30 days in any 12 month period; or

(b) separate periods which, in total, are not more than 30 days in any 12 month period;

in accordance with the conditions of the transmitter licence or licences issued by the ABA for the provision of a limited-period service.

(2) The broadcasting service is an open narrowcasting service.

7 Special event

(1) This section applies if the broadcasting service is provided for a continuous period of not more than 30 days to cover an event that:

(a) has major cultural significance, sporting significance or other community significance; and

(b) is organised by 1 or more persons.

(2) The broadcasting service is an open narrowcasting service.

Comment

While it is likely that cultural and sporting events of major significance will be organised by 1 or more persons, it should not be presumed that all events are organised in a way that meets the requirements of subsection (1).

For example, events such as the Moomba Festival and the Sydney to Hobart Yacht Race are clearly organised.

On the other hand, the ski season, which occurs if and when particular weather conditions exist, is an example of an event which is not an ‘organised’ event for the purposes of this section.

8 Pre-recorded, regularly repeated audio content

(1) This section applies if the broadcasting service has the following characteristics:

(a) the content of the broadcasting service consists solely of not more than four hours of pre-recorded material, which is repeated in the same order; and

(b) the material is not updated or otherwise varied more than once in any week.

Comment

A service of this kind is also known as a pre-recorded, regularly repeated audio content service.

(2) The broadcasting service is an open narrowcasting service.

9 Information service

(1) This section applies if the content of the broadcasting service:

(a) relates only to specific information about a subject; and

(b) does not include general news.

Comment

Information services may include stock market reports, weather services, real estate information and entertainment information.

(2) The broadcasting service is an open narrowcasting service.

10 Religious service

(1) This section applies if the broadcasting service is provided for 1 or more of the following purposes, and for no other purpose:

(a) the propagation of religious beliefs, religious values and religious lifestyles;

(b) the broadcasting of religious rituals and events of religious significance;

(2) A broadcasting service does not comply with subsection (1) if the content of the service includes material that is not relevant to 1 or more of those purposes.

Comment

‘Mainstream’ music which has no obvious religious significance, and is not broadcast for the purpose of analysis or commentary, is material that is not relevant to the purposes mentioned in subsection (1).

(3) The broadcasting service is an open narrowcasting service.

11 Non-English language service

(1) This section applies if the content of the broadcasting service is provided:

(a) wholly in a language other than English; or

(b) in a language other than English, except to the extent that the broadcasting service includes content in English that is incidental to the provision of the service in the other language.

Comment

Examples of incidental content for paragraph (1) (b) are:

interviews broadcast in English with a translation into the other language;
broadcasts in English of station identification.

(2) The broadcasting service is an open narrowcasting service.

12 Racing service

(1) This section applies if the broadcasting service has the characteristics set out in subsections (2), (3) and (4).

(2) At least 80% 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

(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.

Comment

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

(3) A significant proportion of the content of the broadcasting service to which subsection (2) 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 (2) does not apply.

(4) 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’.

(5) The broadcasting service is an open narrowcasting service.

13 Ancillary service

(1) This section applies if the broadcasting service is provided using only a subcarrier channel.

Comment

A service of this kind is also knows as an ancillary service.

(2) The broadcasting service is an open narrowcasting service.

Schedule 1 Open narrowcasting services

(from section 18 of the Broadcasting Services Act 1992)

Open narrowcasting services

Open narrowcasting services are broadcasting services:

(a) whose reception is limited:

(i) by being targeted to special interest groups; or

(ii) by being intended only for limited locations, for example, arenas or business premises; or

(iii) by being provided during a limited period or to cover a special event; or

(iv) because they provide programs of limited appeal; or

(v) for some other reason; and

(b) that comply with any determinations or clarifications under section 19 of the Act in relation to open narrowcasting services.

A multi-channelled national television broadcasting service (within the meaning of Schedule 4 to the Act) is not an open narrowcasting service.

Notes to the Broadcasting Services Clarification Notice 2001

Note 1

The Broadcasting Services Clarification Notice 2001 (in force under paragraph 19(1)(b) 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 notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Broadcasting Services Clarification Notice 2001	9 January 2002 (see Gazette 2002 No. GN1)	9 January 2002
Broadcasting Services Clarification Notice 2001 Variation 2011 (No. 1)	2 May 2011 (see F2011L00665)	3 May 2011	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 8.................	rs. 2011 No. 1

Overview

The Broadcasting Services Clarification Notice 2001, as amended, was enacted to provide further clarification on the criteria for certain broadcasting services as specified under the Broadcasting Services Act 1992 (Cth). The Notice was prepared by the Australian Communications and Media Authority and serves to elucidate the conditions under which certain AM and FM radio services qualify as open narrowcasting services. This includes services provided in urban centres and localities, those broadcast for a limited period or to cover special events, services featuring pre-recorded, regularly repeated audio content, information services, religious services, non-English language services, racing services, and ancillary services. The Notice aims to ensure that the application of the Act is clear and consistent, addressing potential ambiguities in the classification of these services. The Broadcasting Services Clarification Notice 2001 was introduced by the Parliament of Australia to fill a gap in the specificity of the criteria outlined in the Broadcasting Services Act 1992 for determining certain broadcasting services as open narrowcasting services. By providing detailed clarifications, the Notice aims to assist broadcasters and the Australian Communications and Media Authority in applying the Act effectively, thereby ensuring that the broadcasting services operate within the regulatory framework intended by the legislation.

Scope and Application

The Broadcasting Services Clarification Notice 2001, as amended, is a legislative instrument made under the Broadcasting Services Act 1992. It provides clarifications on the criteria for certain broadcasting services that are considered open narrowcasting services. The Notice applies to radio services that use AM or FM signals and are not subscription-based. It specifies various scenarios, such as low-power transmitters in urban centres or localities, services provided for limited periods or special events, pre-recorded, regularly repeated audio content, information services, religious services, non-English language services, racing services, and ancillary services. These services are classified as open narrowcasting services if they meet particular criteria, such as content characteristics or the purpose of the service. The Notice clarifies the application of the Broadcasting Services Act 1992 by providing specific examples and conditions under which a service may be considered an open narrowcasting service. The Notice applies across Australia and is subject to amendments through subordinate instruments, such as the Broadcasting Services Clarification Notice 2001 Variation 2011 (No. 1).

Key Provisions

The Broadcasting Services Clarification Notice 2001, as amended, provides clarification on the criteria for AM and FM radio services under the Broadcasting Services Act 1992 (the Act). This Notice specifies the conditions under which a broadcasting service can be classified as an open narrowcasting service, meaning it is exempt from certain licensing requirements if it meets specific criteria (ss. 4-13). For instance, a radio service provided in an urban centre or locality using a transmitter with a maximum effective radiated power of 1 watt or less is not considered an open narrowcasting service solely based on the power level (s. 5). However, a service provided for a limited period of no more than 30 days in any 12-month period is considered an open narrowcasting service (s. 6). Similarly, services provided for special events of major cultural, sporting, or community significance are also classified as open narrowcasting services (s. 7). The Notice imposes obligations on broadcasters to ensure their services meet the specified criteria to be classified as open narrowcasting services. Broadcasters must ensure their services comply with the conditions related to transmitter power, duration, and content type (ss. 5-13). For example, a service must consist solely of pre-recorded, regularly repeated audio content that is not updated more than once a week to be classified as an open narrowcasting service (s. 8). Broadcasters must also ensure their content adheres to the specified characteristics for services such as information services, religious services, non-English language services, and racing services (ss. 9-12). Breach of the provisions outlined in the Notice may lead to consequences under the Act. Although the Notice itself does not specify penalties, non-compliance with the criteria for open narrowcasting services could result in the broadcasting service being subject to the licensing requirements under the Act. Failure to comply with these requirements can result in civil or criminal penalties as stipulated in the Act, including fines and imprisonment, depending on the severity of the breach. The exact penalties are detailed in the Act and can vary based on the nature and extent of the non-compliance.

Area of Law: Media & Entertainment Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Reporting & Disclosure Obligations; Regulatory Standards

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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.

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