Broadcasting Services (Regional Commercial Radio - Local Presence) Licence Condition 2012

Administered by Department of Communications and the Arts

Legislation au C2012G00006 In force Gazette

Legislation content

 

Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012


The Australian Communications and Media Authority makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.

Dated 21st September 2012

 

Chris Chapman
[signed]
Member

 

Richard Bean
[signed]
Member/General Manager

 

PART 1 PRELIMINARY

1 Name of Instrument

2 Commencement

3 Revocation

4 Purpose and Application

PART 2 TERMS USED IN THIS INSTRUMENT

5 Definitions

6 Definition of existing level of local presence

PART 3  LICENCE CONDITIONS

7 Licensee must maintain existing level of local presence after trigger event

8 Reporting to the ACMA

9 Records

PART 4  MEASURING COMPLIANCE

10 Measuring compliance with section 7

PART 5  REVIEW

11 The ACMA may conduct a review at any time


PART 1 PRELIMINARY

1 Name of Instrument

This Instrument is the Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012.

2 Commencement

This Instrument commences on the day that Schedule 2 to the Broadcasting Services Amendment (Regional Commercial Radio) Act 2012 commences.

3 Revocation

This Instrument revokes the Broadcasting Services (Additional Regional Commercial Radio Licence Condition – Local Presence) Notice 22 March 2007.

4 Purpose and Application

For subsection 43(1) of the Broadcasting Services Act 1992:

  1.    the purpose of this Instrument is, pursuant to subsection 43B(1A) of the Broadcasting Services Act 1992, to impose additional conditions on a relevant regional commercial radio broadcasting licence; and
  2.    those conditions create obligations on the person who holds the licence.

PART 2 TERMS USED IN THIS INSTRUMENT

5 Definitions

In this Instrument:

Act means the Broadcasting Services Act 1992.

broadcast hours means the actual hours broadcast in the licence area in relation to the licence.

former licensee means a person who holds a relevant regional commercial radio broadcasting licence immediately prior to a trigger event occurring for that licence.

licensee means a person who holds a relevant regional commercial radio broadcasting licence after a trigger event has occurred for that licence.

metropolitan licence area means:

  1.    a licence area in which is situated the General Post Office of the capital city of:
    1.      New South Wales; or
    2.   Victoria; or

  1.  Queensland; or
  2. Western Australia; or
  3.    South Australia; or
  1.    the licence area known as Western Suburbs Sydney RA1.

regional licence area means a licence area that is not a metropolitan licence area.

relevant period means the period beginning on the date a trigger event for the licence occurs and ending 24 months later.

relevant regional commercial radio broadcasting licence means a commercial radio broadcasting licence that has a regional licence area other than a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Act.

staff includes individuals engaged as independent contractors.

staffing levels means any one of the following:

  1.    the number of full time equivalent staff employed; or
  2.    the number of total staff hours worked; or
  3.    the expenditure on staff.

studios and other production facilities means any on-air studios or production booths that are used to compile commercial radio programs, but does not include equipment used for such purposes.

Note  The following terms used in this Instrument are defined in the Act and have the same meaning as in that Act: the ACMA, commercial radio broadcasting licence, licence, licence area, regional racing service radio licence [see section 8AF], remote area service radio licence, trigger event [see Division 5C of Part 5].

6 Definition of existing level of local presence

(1)  existing level of local presence means:

  1.    the staffing levels determined by subsection (2); and
  2.    the use of the studios and other production facilities determined by subsection (3).

(2) For paragraph (1)(a), staffing levels are determined by calculating the average monthly staffing levels in the licence area of the former licensee in relation to the licence over the three month period ending on the Saturday before the day on which the trigger event occurred.


(3) For paragraph (1)(b), the use of studios and other production facilities is determined by calculating the number of average monthly broadcast hours produced by the former licensee using studios and other production facilities in the licence area. The number of average monthly broadcast hours produced is to be calculated over the three month period ending on the Saturday before the day on which the trigger event occurred.

PART 3 LICENCE CONDITIONS

7 Licensee must maintain existing level of local presence after trigger event

A licensee must maintain at least the existing level of local presence in the licence area in relation to the licence throughout the relevant period.

Note  For transitional provisions see clause 16 of Schedule 1 to the Broadcasting Services Amendment (Regional Commercial Radio) Act 2012 and clause 13 of Schedule 2 to that Act.

8 Reporting to the ACMA

Reporting after a trigger event

(1) A licensee must report on the existing level of local presence in the statement given to the ACMA pursuant to paragraph 61CF(1)(b) of the Act.

Reporting at end of relevant period

(2) A licensee must, within 3 months after the end of a relevant period, give the ACMA a report about the licensee’s compliance with section 7 during that relevant period.

9 Records

(1) A person holding a relevant regional commercial radio broadcasting licence must make records sufficient to calculate details of the studios and other production facilities and staffing levels in the licence area in relation to the licence.

(2) A person holding a relevant regional commercial radio broadcasting licence must retain records sufficient to calculate the existing level of local presence.

(3) A person holding a relevant regional commercial radio broadcasting licence must provide the ACMA with access to all records kept under this section at the ACMA’s written request.

(4) Records made under subsection (1) must be kept for a period of 6 months, unless subsection (5) applies.


(5) After a trigger event has occurred for a relevant regional commercial radio broadcasting licence, records made under subsection (1) must be kept by a licensee for a period of 3 years.

(6) A licensee must comply with any additional directions made by the ACMA about the keeping of records for the purposes of this Instrument.

PART 4 MEASURING COMPLIANCE

10 Measuring compliance with section 7

(1) For staffing levels, the existing level of local presence is maintained if, at the conclusion of each relevant period, there has been no material reduction in the average monthly staffing levels in the licence area in relation to the licence for that relevant period or part thereof, compared with the staffing levels determined by subsection 6(2) in respect of one of (a), (b) or (c) of the definition of staffing levels in section 5.

Note For the avoidance of doubt, the comparison made for the purposes of this subsection must compare only one of (a), (b), or (c) of the definition of staffing levels in section 5 with the corresponding measure determined by subsection 6(2).  For example, the number of average monthly staff hours worked over the relevant period must be compared with the number of average monthly staff hours worked in the licence area of the former licensee in relation to the licence over the three month period ending on the Saturday before the day on which the trigger event occurred.

  1.                For studios and other production facilities, the existing level of local presence is maintained if at the conclusion of each relevant period there has been no material reduction in the number of average monthly broadcast hours produced during that relevant period or part thereof, using studios and other production facilities in the licence area, when compared with the number of average monthly broadcast hours produced using studios and other production facilities determined by subsection 6(3).

Note 1 For subsection (2), the studios and other production facilities used do not necessarily have to be the studios and production facilities of the former licensee but they must be located in the licence area.  Licensees should note that if they share studios or other production facilities with other persons holding a regional commercial radio broadcasting licence, this fact may be relevant in determining whether a person is in a position to control 2 or more licences [see clause 2(5)(a) of Schedule 1 to the Act].

Note 2 In determining what constitutes a “material reduction” in each circumstance, the ACMA will have regard to relevant standards published by the Australian Accounting Standards Board and any other considerations it regards as relevant.


PART 5 REVIEW

11 The ACMA may conduct a review at any time

The ACMA may review the operation and scope of this Instrument at any time.  The review can be commenced following a request by the Minister, a licensee or any other person affected by the condition.  The ACMA can also conduct a review without any request from any person.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

 

Overview

The Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012 was enacted to address issues regarding the local presence of regional commercial radio broadcasters, ensuring they maintain a certain level of local engagement and resources post a change in ownership, also known as a "trigger event". This legislative instrument was made by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992, aiming to safeguard the integrity and quality of regional radio services by enforcing that the new licensee maintains the same level of local presence as the former licensee. The policy objective behind this condition is to preserve the local content and presence of regional commercial radio stations, thereby supporting the local communities they serve and maintaining the diversity and richness of the Australian broadcasting landscape.

Scope and Application

The Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012 applies to a person who holds a relevant regional commercial radio broadcasting licence, which is a commercial radio broadcasting licence that has a regional licence area excluding a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Broadcasting Services Act 1992. This Instrument creates obligations on the licensee, who must maintain at least the existing level of local presence in the licence area in relation to the licence throughout the relevant period, which is defined as the period beginning on the date a trigger event for the licence occurs and ending 24 months later. The existing level of local presence is determined by calculating the average monthly staffing levels in the licence area of the former licensee over the three month period ending on the Saturday before the day on which the trigger event occurred, and the number of average monthly broadcast hours produced by the former licensee using studios and other production facilities in the licence area over the same period. The Instrument also requires the licensee to report on the existing level of local presence to the Australian Communications and Media Authority (ACMA) and to keep records sufficient to calculate details of the studios and other production facilities and staffing levels in the licence area in relation to the licence. The ACMA may conduct a review of the operation and scope of this Instrument at any time.

Key Provisions

The Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012 outlines specific obligations for holders of relevant regional commercial radio broadcasting licences, which are designed to ensure a certain level of local presence in regional areas. Section 7 mandates that a licensee must maintain at least the existing level of local presence in the licence area in relation to the licence throughout the relevant period, which begins on the day a trigger event occurs and ends 24 months later. This 'existing level of local presence' is defined in Section 6 as the average monthly staffing levels and the use of studios and other production facilities over a three-month period ending before the trigger event. Reporting obligations are established in Section 8, requiring licensees to report on the existing level of local presence after a trigger event and to provide a report on compliance with Section 7 within three months after the end of the relevant period. Additionally, Section 9 sets forth record-keeping requirements, necessitating that licensees maintain records sufficient to calculate details of studios, other production facilities, and staffing levels, and provide access to these records upon request by the Australian Communications and Media Authority (ACMA). The obligations imposed by this legislation are comprehensive and require licensees to actively manage and report on their local presence levels. Licensees must ensure that their staffing levels and use of production facilities in the regional licence area do not materially reduce compared to the levels prior to the trigger event. This involves not only maintaining the number of staff but also ensuring the consistent use of local studios and production facilities for broadcasting. The reporting requirement is intended to ensure transparency and accountability, allowing the ACMA to monitor compliance effectively. Furthermore, the record-keeping obligations are designed to provide a clear audit trail, enabling the ACMA to verify that the licensees are adhering to the stipulated local presence levels. Failure to comply with the obligations outlined in this legislation can lead to significant consequences. While the specific penalties are not detailed within the text of the condition itself, breaches of broadcasting licence conditions typically result in enforcement actions by the ACMA, which can include fines, warnings, or even the suspension or revocation of the licence. These penalties are meant to enforce adherence to the legislative intent and to ensure that regional communities continue to receive the level of local broadcasting presence that the legislation aims to protect. The ACMA also has the authority to conduct a review of the operation and scope of this Instrument at any time, as outlined in Section 11, which allows for ongoing assessment and potential adjustments to ensure the effectiveness of the legislation.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

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.