Broadcasting Services (Regional Commercial Radio — Specification of Periods for Subsections 43C(1A) and 61CD(2)) Variation Instrument 2015 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2015L01938 Not in force Legislative Instrument

Legislation content

Legislative Instruments Act 2003

Section 26 – Explanatory Statement

 

Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Variation Instrument 2015 (No. 1) made under the Broadcasting Services Act 1992

 

Issued by the Australian Communications and Media Authority

Purpose and legislative basis

On 30 November 2015 the ACMA made the Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Variation Instrument 2015 (No. 1) (the Instrument). The Instrument has been made by the Australian Communications and Media Authority in accordance with subsections 43C(1A) and 61CD(2) of the Broadcasting Services Act 1992 (the BSA), and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsections 43C(1A) and 61CD(2) of the BSA provide that the ACMA may, by legislative instrument, specify a five-week period during which the obligations on regional commercial radio broadcasting licensees to provide required amounts of ‘material of local significance’ and to comply with the minimum service standards for local news and information (together, local content) do not apply.

Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Background

In 2012 the Broadcasting Services Amendment (Regional Commercial Radio) Act 2012 amended the BSA to provide five-week exemption periods for regional commercial radio broadcasting licensees. During the five-week periods a licensee is exempted from obligations to broadcast specified amounts of local content. The default exemption period commences on the second Monday in December (material of local significance) and the second Sunday in December (minimum service standards) each year. The ACMA may, by legislative instrument, specify a different five-week period in relation to one or more specified regional commercial radio broadcasting licensees. In 2012, upon request of the relevant licensee, the ACMA made the Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Instrument 2012 to specify a different five-week period in relation to two licences in the Bathurst RA1 licence area.

In September 2015, the ACMA received a request from Radio Gippsland Pty Ltd for alternative exemption periods for its regional commercial broadcasting licence in the Warragul RA1 licence area. Radio Gippsland Pty Ltd requested that the exemption periods relevant to it should start in the third week of December.

Intended impact of the Instrument

The Instrument varies the Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Instrument 2012 to specify five-week exemption periods for the licensee of a regional commercial radio broadcasting licence (licence number SL 4158) in the Warragul RA1 licence area. During the exemption periods specified in the Instrument, the licensee is exempted from the obligation to broadcast specified amounts of ‘material of local significance’ and to comply with the minimum service standards for local news and information. The five-week periods for which the licensee is exempted from each of those obligations commence and finish on dates that are one week later than those specified for the default exemption periods in the BSA.

Consultation

On 2 November 2015, the ACMA placed a copy of the draft Instrument on the ACMA's website for public comment. No comments were received.

Regulatory Impact

The ACMA prepared a preliminary assessment on 16 September 2015 for the purposes of making the Instrument. On 25 September 2015, the Office of Best Practice Regulation (OBPR) considered that the changes have a minor regulatory impact and that no formal regulatory impact statement is required. Therefore no formal RIS assessed by the OBPR is required. The OBPR reference number for this matter is 19278.

As required under the Human Rights (Parliamentary Scrutiny) Act 2011, a human rights compatibility statement has been prepared by the ACMA and is attached.

 

NOTES ON THE INSTRUMENT

Section 1 – Name of instrument

Section 1 provides that the name of the Instrument is the Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Variation Instrument 2015 (No 1).

Section 2 – Commencement

This section provides that the Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Definitions

Section 3 provides that Schedule 1 amends the Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Instrument 2012.

Schedule 1

Item 1

Item 1 adds a third row to the table in Schedule 1 to the Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Instrument 2012. The third row is inserted to specify, for the purposes of subsection 43C(1A) of the BSA, a third service licence number, the related radio licence area and the period of exemption from the requirement to broadcast material of local significance.

 

Item 2

 

Item 2 adds a third row to the table in Schedule 2 to the Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Instrument 2012. The third row is inserted to specify, for the purposes of subsection 61CD(2) of the BSA, a third service licence number, the related radio licence area and the period of exemption from the requirement to meet the minimum service standards for local news and information.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Broadcasting Services (Regional Commercial Radio — Specification of Periods for Subsections 43C(1A) and 61CD(2)) Variation Instrument 2015 (No. 1)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Amendments to the Broadcasting Services Act 1992 (the BSA) which commenced on 16 April 2012 relaxed some of the local content obligations which apply to regional commercial radio broadcasters. The amendments have the effect that, for a five-week period each year, a regional commercial radio broadcasting licensee is not required to comply with the obligation to provide specified amounts of material of local significance and the obligation to meet minimum service standards for local news and information.

The BSA specifies default five-week periods for both obligations, but the ACMA may, by legislative instrument, specify different periods for one or more specified licensees. The default period exempting licensees from the obligation to provide specified amounts of material of local significance starts on the second Monday in December each year. The default period exempting licensees from the obligation to meet minimum service standards for local news and information starts on the second Sunday in December each year.

This Legislative Instrument specifies five-week exemption periods for the regional commercial radio broadcasting licensee and licence identified in the Legislative Instrument that commence on the third Monday in December each year and the third Sunday in December each year.

Human Rights Implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

The Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Variation Instrument 2015 (No. 1) was enacted by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992 (BSA) and the Acts Interpretation Act 1901 (AIA). This legislative instrument addresses the need to provide flexibility to regional commercial radio broadcasters by specifying alternative exemption periods from the obligation to broadcast certain local content. The 2012 amendments to the BSA introduced five-week exemption periods for regional commercial radio broadcasters, and this instrument allows the ACMA to tailor these periods for specific licensees based on their operational needs. The primary objective of this legislation is to provide regional broadcasters with a more adaptable framework that better aligns with their programming schedules, thereby enhancing their ability to serve local communities effectively. The Instrument was developed in response to a request from Radio Gippsland Pty Ltd for a variation to the default exemption periods specified in the BSA. By setting the exemption periods to start in the third week of December, the Instrument aims to accommodate the specific circumstances of the regional broadcaster, ensuring they can manage their local content obligations in a manner that suits their operational requirements. The ACMA’s action in making this variation demonstrates a commitment to balancing regulatory requirements with the practical needs of broadcasters, thereby supporting the broader policy objective of promoting diverse and vibrant regional media.

Scope and Application

The Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Variation Instrument 2015 (No. 1) is a legislative instrument made by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992 (BSA) and the Acts Interpretation Act 1901 (AIA). This instrument applies specifically to regional commercial radio broadcasting licensees, particularly Radio Gippsland Pty Ltd, operating within the Warragul RA1 licence area. It modifies the default exemption periods from local content obligations, which were established under the Broadcasting Services Amendment (Regional Commercial Radio) Act 2012, to specify new exemption periods starting from the third week of December each year. The instrument's geographic and jurisdictional reach is confined to regional commercial radio broadcasting within the specified licence area, adhering to national broadcasting standards set by the ACMA. The instrument does not introduce any exclusions or exemptions beyond those already outlined in the BSA. The ACMA consulted with the relevant industry stakeholders but did not receive any public comments on the draft instrument. The instrument's commencement is effective from the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Broadcasting Services (Regional Commercial Radio – Specification of Periods for Subsections 43C(1A) and 61CD(2)) Variation Instrument 2015 (No. 1) include the specification of five-week exemption periods for regional commercial radio broadcasting licensees in the Warragul RA1 licence area. Section 26(1) of the Broadcasting Services Act 1992 (BSA) empowers the Australian Communications and Media Authority (ACMA) to specify these exemption periods. This means that for a specified period each year, regional commercial radio broadcasters are exempt from the requirements to provide specified amounts of ‘material of local significance’ and to comply with minimum service standards for local news and information. The default exemption periods under the BSA are the second Monday in December for material of local significance and the second Sunday in December for minimum service standards. However, the Instrument specifies different periods for the licensee in the Warragul RA1 licence area, starting on the third Monday and third Sunday in December respectively. The obligations and requirements imposed by this Act on the parties it governs include ensuring that regional commercial radio broadcasters are aware of the specific exemption periods applicable to them. The ACMA, as the governing authority, is required to consult with the licensees and consider their requests for alternative exemption periods. The licensees, in turn, must comply with the specified exemption periods as outlined in the Instrument. This entails adhering to the broadcasting obligations outside of the exemption periods and understanding that during the specified five-week periods, they are not required to meet the local content requirements. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument for breaching the specified exemption periods. However, non-compliance with the BSA’s general obligations could potentially lead to enforcement actions by the ACMA. This might include fines, orders, or other regulatory actions as provided under the BSA. The BSA itself outlines penalties for non-compliance with broadcasting standards, but the specific penalties for breaching the exemption periods as set out in this Instrument are not explicitly detailed in the explanatory statement. Instead, the focus of the Instrument is on specifying the exemption periods and ensuring that broadcasters are aware of and adhere to these periods as a regulatory measure.

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