LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 – Explanatory Statement
Broadcasting Services (Meaning of Local) Instrument 2007
On 22 November 2007, the Australian Communications & Media Authority (ACMA) made the Broadcasting Services (Meaning of Local) Instrument 2007 (the Instrument). The Instrument is made under section 61CC of the Broadcasting Services Act 1992 (the BSA). It commences on 1 December 2007.
Intended Impact and Effect of the Definition
Under section 61CC of the BSA, ACMA may define what is meant by the expression ‘local’ for the purposes of the application of a specified provision of Division 5C of the BSA to a specified licence area. ACMA has produced this definition to provide guidance to licensees in the licence areas specified in the Instrument who may be affected by a trigger event and who will consequently be required to meet minimum service standards for local news and information, and to submit draft local content plans to ACMA.
As required under section 61CC(2) of the BSA, in developing the Instrument, ACMA had regard to the areas, if any, where separate programming is provided by considering information from regional commercial radio broadcasting licensees about current levels of local news, local weather, local community service announcements and emergency services in licence areas and broader regions. It took into account the impact on these licensees of meeting minimum service standards where licensees broadcast programs to more than one licence area.
Other matters considered relevant by ACMA in formulating the instrument included matters contained in submissions received from regional commercial radio broadcasting licensees in the course of ACMA’s Investigation into Local Content on Regional Commercial Radio – Trigger Events (March 2007) and the Local Content Levels Investigation Report (June 2007) addressing programming and scheduling in licence areas, the extent to which relevant licensees provide coverage of matters of local significance in their respective licence areas, levels of news and non-news content, the cost of producing local content, and profitability of regional licences. These submissions covered large, medium and small FM and AM regional commercial radio broadcasting licences.
Consultation
Before making the Instrument, ACMA took the following steps by way of consultation:
On 21 September 2007, ACMA posted on its website a draft of the proposed instrument inviting public comment by 22 October 2007.
On 21 September ACMA also wrote to affected licensees and interested parties with information about the proposed instrument, enclosing a copy of the draft instrument and inviting comment by 22 October 2007.
ACMA received no submissions on the draft instrument or the proposed meaning of local as a result of the consultation.
Description of the provisions
Part 1 – Preliminary
This part deals with some introductory matters. Item 1 states the name of the Instrument. Item 2 states that the Instrument will commence on 1 December 2007. Item 3 sets out the purpose and application of the Instrument, and refers to Schedule 1 which specifies the licence areas to which the definition applies (regional commercial radio broadcasting licence areas). Item 4 sets out terms used in the Instrument and notes that definitions from the BSA have the same meaning in the Instrument.
Part 2 – Definition
Item 5 defines what is meant by the expression ‘local’ for the purposes of the minimum service standards in sections 61CD and 61CE of the Act.
Schedule 1
Schedule 1 to the Instrument specifies the regional commercial radio broadcasting licence areas to which the Instrument applies.