Publication of Draft Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition Variation 2022 (No. 1)

Overview

The Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition Variation 2022 (No. 1) was enacted under subsection 43(1) of the Broadcasting Services Act 1992, to address the need for clarifying the procedural requirements for licensees to submit a local presence report. The Australian Communications and Media Authority (ACMA) has proposed this draft variation to make minor and machinery changes concerning the form and timing of these procedural requirements as a result of amendments to paragraph 61CF(1)(b) of the Act under the Broadcasting Services Amendment (Regional Commercial Radio and Other Measures) Act 2020. The ACMA is inviting interested parties to make written representations about the proposed variation by 5pm AEDT on Monday, 14 February 2022, to ensure that the operation of the relevant licence condition is clear and effective. The variation aims to provide a more streamlined process for regional commercial radio broadcasters to report on their local presence, thus ensuring that the broadcasting services provided meet the requirements of the Act. This instrument will commence at the start of the day after it is registered on the Federal Register of Legislation. The Federal Register of Legislation can be accessed free of charge at www.legislation.gov.au.

Scope and Application

The Broadcasting Services Act 1992 applies to all commercial radio broadcasters within Australia. This includes entities that hold a broadcasting licence issued under the Act, focusing on regional commercial radio services. The Act’s provisions ensure that these broadcasters comply with specified standards and conditions, including local presence requirements which aim to maintain and enhance local content. The Act's jurisdiction extends across the Commonwealth of Australia, affecting both state and territory levels. However, the Act does not apply to non-commercial or community radio broadcasters. Additionally, the Act’s application may be extended or restricted through subordinate instruments, such as licence conditions and variations made by the Australian Communications and Media Authority (ACMA). For example, the proposed Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition Variation 2022 (No. 1) seeks to adjust the procedural requirements for licensees to submit local presence reports, clarifying the operation of certain subsections within the Act.

Key Provisions

The Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition Variation 2022 (No. 1) modifies the existing licence condition set out in the Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2014. Specifically, section 8(1) of the 2014 licence condition, which mandates that a licensee must submit a report to the ACMA within three months of a trigger event occurring in relation to the licence, is repealed and replaced (sections 1 and 4). A trigger event, as defined in the Broadcasting Services Act 1992, includes various significant changes to the licensee's operations, such as the transfer of a licence or the acquisition of a controlling interest in a licensee (section 61CF(1)(b)). The revised section 8(1) now specifies that the report must detail the existing level of local presence in relation to the licence (section 1). The proposed changes aim to streamline the process for licensees to report on their local presence in response to specific events affecting their operations. Licensees must now ensure they understand the revised procedural requirements and the definition of a trigger event under the Broadcasting Services Act 1992. This involves being aware of significant operational changes that would necessitate the submission of a local presence report to the ACMA within the stipulated timeframe of three months post-event (section 8(1)). The changes are designed to clarify the obligations and ensure compliance with the updated regulatory framework. Failure to comply with the new reporting requirements can result in various consequences. The ACMA has the authority to take enforcement actions against licensees who do not adhere to the provisions of the Broadcasting Services Act 1992 and the associated licence conditions (subsection 43(1)). Non-compliance may lead to penalties, including financial fines, and in severe cases, the ACMA could consider more stringent measures such as licence suspension or revocation. The specific penalties are outlined in the Broadcasting Services Act 1992 and may vary depending on the nature and severity of the breach (section 43). The draft variation also highlights the importance of timely and accurate reporting to maintain compliance with the regulatory requirements. Licensees are encouraged to review the proposed changes and ensure their processes are updated accordingly to avoid any potential penalties or enforcement actions. The ACMA is seeking feedback on the draft variation to ensure that the new requirements are practical and effective, and to address any potential concerns or ambiguities that may arise from the changes. Interested parties have until 5pm AEDT on Monday 14 February 2022 to submit their representations to the ACMA.