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.
Overview
The Broadcasting Services (Meaning of Local) Instrument 2007, introduced by the Australian Communications & Media Authority (ACMA) under section 61CC of the Broadcasting Services Act 1992, was enacted to clarify the meaning of "local" for the purposes of applying certain provisions related to local news and information content in regional commercial radio broadcasting licence areas. This was necessary to ensure that regional broadcasters meet minimum service standards for local content in the event of a specified trigger event. The Instrument, which came into effect on 1 December 2007, aimed to provide clear guidance to broadcasters regarding the definition of "local" and the scope of local content they must produce. ACMA developed the definition by considering submissions from regional commercial radio broadcasters and relevant industry reports, although no submissions were received during the consultation period. The overarching policy objective was to enhance the quality and relevance of local content provided by regional radio stations.
Scope and Application
The Broadcasting Services (Meaning of Local) Instrument 2007 applies to regional commercial radio broadcasting licence areas, specifically those that must meet minimum service standards for local news and information, and submit draft local content plans to the Australian Communications & Media Authority (ACMA). This instrument is made under section 61CC of the Broadcasting Services Act 1992 (BSA) and commenced on 1 December 2007. The Instrument defines the term ‘local’ to provide clarity to licensees affected by a trigger event, ensuring they understand and can meet the specified local content requirements. The definition was developed by considering various factors such as current levels of local news, local weather, local community service announcements and emergency services in licence areas, the impact of meeting minimum service standards for licensees broadcasting to multiple licence areas, and the profitability of regional licenses. This definition extends the application of the BSA to ensure regional commercial radio broadcasters provide programming that meets community needs and expectations in their respective areas. No exclusions, exemptions, or thresholds are explicitly stated in the Instrument, but its application may be further refined or clarified through any subordinate instruments that might be developed in the future.
Key Provisions
The Broadcasting Services (Meaning of Local) Instrument 2007, made under section 61CC of the Broadcasting Services Act 1992 (BSA), provides a definition of what constitutes "local" for the purposes of certain provisions within Division 5C of the BSA. This definition is essential for regional commercial radio broadcasting licensees in specific licence areas, who must comply with minimum service standards for local news and information and submit draft local content plans to the Australian Communications & Media Authority (ACMA). The Instrument, which came into effect on 1 December 2007, was developed to guide these licensees, particularly those affected by trigger events that necessitate adherence to these standards.
The definition of "local" outlined in Item 5 of the Instrument, along with the areas specified in Schedule 1, aims to ensure that regional commercial radio broadcasters provide adequate local content. This includes coverage of local news, weather, community service announcements, and emergency services. The Instrument also considers the impact on broadcasters who may serve multiple licence areas, ensuring that the definition of "local" is practical and reflects the realities of regional broadcasting. ACMA developed this definition based on information from regional broadcasters and submissions received during their investigations into local content, taking into account factors such as current levels of local programming, the costs of producing local content, and the profitability of regional licences.
Licensing authorities and regional commercial radio broadcasters are primarily governed by the obligations set out in the Instrument. Broadcasters must ensure that their programming meets the defined minimum service standards for local content in their respective licence areas. This involves producing sufficient local news, weather reports, community service announcements, and emergency service coverage. Additionally, broadcasters must prepare and submit draft local content plans to ACMA for approval. These plans must detail how the broadcaster intends to meet the local content requirements and should be based on the definition of "local" provided in the Instrument.
Failure to comply with the requirements of the Broadcasting Services (Meaning of Local) Instrument 2007 can result in various consequences. While the Instrument itself does not specify penalties for non-compliance, breaches of the BSA, under which the Instrument is made, can lead to enforcement actions by ACMA. Potential actions include fines, public warnings, and the imposition of compliance directions. In more severe cases, non-compliance could result in the suspension or cancellation of a broadcasting licence. The exact penalties for breaches of the BSA are determined on a case-by-case basis, with the maximum fines varying depending on the nature and severity of the breach.