{"id":"F2018L01765","name":"Broadcasting Services (Australian Content in Advertising) Standard 2018","slug":"broadcasting-services-australian-content-in-advertising-standard-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98408,"registerId":"commonwealth-F2018L01765-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1 Preliminary","sectionType":"section","heading":"Part 1 Preliminary","content":"#### Part 1 Preliminary\n\n#### 1 Name\n\n  This is the Broadcasting Services (Australian Content in Advertising) Standard 2018.\n\n#### 2 Commencement\n\n  This standard commences on 1 January 2019.\n\n> Note: All legislative instruments are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See [https://www.legislation.gov.au](http://www.comlaw.gov.au/).\n\n#### 3 Authority\n\n  This standard is made under section 122 of the Broadcasting Services Act 1992.\n\n#### 4 Revocation of Television Program Standard 23 \\- Australian Content in Advertising\n\n  Television Program Standard 23 – Australian Content in Advertising (Registration No. F2009B00041) is revoked.\n\n#### 5 Definitions\n\n  In this standard:\n\n> Act means the Broadcasting Services Act 1992.\n\n> advertisement means any matter that draws the attention of the public, or a segment of the public, to a product, service, person, organisation or line of conduct in a manner calculated to promote or oppose, directly or indirectly, that product, service, person, organisation or line of conduct, but does not include any of the following:\n\n  (a) the broadcasting by a licensee of matter of an advertising character as an accidental or incidental accompaniment of the broadcasting of other matter if the licensee does not receive payment or other valuable consideration for broadcasting the matter; or\n  (b) an announcement of not more than 10 seconds duration at the beginning and end of a program giving the name and business of the sponsor of the program, if the program is not less than 15 minutes long; or\n  (c) a community service announcement if the licensee does not receive payment or other valuable consideration for broadcasting the announcement; or\n  (d) a station identification; or\n  (e) a program promotion.\n\n> Australian means a person who is a citizen of, or ordinarily resident in, Australia or New Zealand.\n\n> Australian produced advertisement means an advertisement:\n\n> (a) that is wholly pre-produced, filmed and post-produced in Australia or New Zealand, or partly in Australia and partly in New Zealand; or\n\n> (b) where, if (a) does not apply, Australians have exercised direction over the creative and administrative aspects of pre-production, filming and post-production, within the meaning of section 6.\n\n> exempt advertisements means the following classes of advertisements:\n\n> (a) advertisements for imported cinema films, videos and recordings;\n\n> (b) advertisements for live appearances by overseas entertainers; and\n\n> (c) paid community service announcements for organisations that have a charitable, public health or educational purpose.\n\n> licensee means the holder of a commercial television broadcasting licence within the meaning of section 6 of the Act.\n\n> year means a calendar year.\n\n#### 6 Exercising direction over creative and administrative aspects of pre\\-production, filming and post\\-production\n\n  Australians are taken to exercise direction over the creative and administrative aspects of pre-production, filming and post-production of an advertisement if the advertisement meets at least 6 of the following criteria:\n  (a) the producer of the advertisement (other than a producer employed by the advertising agency) is Australian;\n  (b) the principal director is Australian;\n  (c) the director of photography is Australian;\n  (d) the writers of the script and storyboards are Australian;\n  (e) the visual editing is carried out by Australians;\n  (f) the production of the sound track, including recording, sound editing and mixing, is carried out by Australians;","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Broadcasting Services (Australian Content in Advertising) Standard 2018.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This standard commences on 1 January 2019.\n\n> Note: All legislative instruments are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See [https://www.legislation.gov.au](http://www.comlaw.gov.au/).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This standard is made under section 122 of the Broadcasting Services Act 1992.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Revocation of Television Program Standard 23 - Australian Content in Advertising","content":"#### 4 Revocation of Television Program Standard 23 \\- Australian Content in Advertising\n\n  Television Program Standard 23 – Australian Content in Advertising (Registration No. F2009B00041) is revoked.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this standard:\n\n> Act means the Broadcasting Services Act 1992.\n\n> advertisement means any matter that draws the attention of the public, or a segment of the public, to a product, service, person, organisation or line of conduct in a manner calculated to promote or oppose, directly or indirectly, that product, service, person, organisation or line of conduct, but does not include any of the following:\n\n  (a) the broadcasting by a licensee of matter of an advertising character as an accidental or incidental accompaniment of the broadcasting of other matter if the licensee does not receive payment or other valuable consideration for broadcasting the matter; or\n  (b) an announcement of not more than 10 seconds duration at the beginning and end of a program giving the name and business of the sponsor of the program, if the program is not less than 15 minutes long; or\n  (c) a community service announcement if the licensee does not receive payment or other valuable consideration for broadcasting the announcement; or\n  (d) a station identification; or\n  (e) a program promotion.\n\n> Australian means a person who is a citizen of, or ordinarily resident in, Australia or New Zealand.\n\n> Australian produced advertisement means an advertisement:\n\n> (a) that is wholly pre-produced, filmed and post-produced in Australia or New Zealand, or partly in Australia and partly in New Zealand; or\n\n> (b) where, if (a) does not apply, Australians have exercised direction over the creative and administrative aspects of pre-production, filming and post-production, within the meaning of section 6.\n\n> exempt advertisements means the following classes of advertisements:\n\n> (a) advertisements for imported cinema films, videos and recordings;\n\n> (b) advertisements for live appearances by overseas entertainers; and\n\n> (c) paid community service announcements for organisations that have a charitable, public health or educational purpose.\n\n> licensee means the holder of a commercial television broadcasting licence within the meaning of section 6 of the Act.\n\n> year means a calendar year.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Exercising direction over creative and administrative aspects of pre-production, filming and post-production","content":"#### 6 Exercising direction over creative and administrative aspects of pre\\-production, filming and post\\-production\n\n  Australians are taken to exercise direction over the creative and administrative aspects of pre-production, filming and post-production of an advertisement if the advertisement meets at least 6 of the following criteria:\n  (a) the producer of the advertisement (other than a producer employed by the advertising agency) is Australian;\n  (b) the principal director is Australian;\n  (c) the director of photography is Australian;\n  (d) the writers of the script and storyboards are Australian;\n  (e) the visual editing is carried out by Australians;\n  (f) the production of the sound track, including recording, sound editing and mixing, is carried out by Australians;","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"section","heading":"Australian Content in Advertising","content":"(g) the role of featured talent appearing in the advertisement is filled by Australians;\n  (h) all performance, including voice over, on the sound track is by Australians;\n  (i) the music used in the advertisement is composed by Australians;\n  (j) if animation and related computer graphic techniques form a substantial and integral part of the advertisement – these are carried out by Australians.\n\n#### Part 2 – Australian Content in Advertising\n\n#### 7 Objective\n\n  The objective of this standard is to ensure that the majority of advertisements on television are Australian made, by means of a flexible regulatory system that recognises the market reality of advertising.\n\n#### 8 Obligation regarding Australian produced advertisements\n\n  A licensee must ensure that at least 80% of the total advertising time (other than the time occupied by exempt advertisements) broadcast in a year by the licensee, between the hours of 6 a.m. and midnight, is occupied by Australian produced advertisements.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Objective","content":"#### 7 Objective\n\n  The objective of this standard is to ensure that the majority of advertisements on television are Australian made, by means of a flexible regulatory system that recognises the market reality of advertising.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Obligation regarding Australian produced advertisements","content":"#### 8 Obligation regarding Australian produced advertisements\n\n  A licensee must ensure that at least 80% of the total advertising time (other than the time occupied by exempt advertisements) broadcast in a year by the licensee, between the hours of 6 a.m. and midnight, is occupied by Australian produced advertisements.","sortOrder":9}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. It replaces Television Program Standard 23 (2009) with substantially similar provisions maintaining the 80% Australian content requirement for TV advertising. The scope remains focused on the specific policy objective of protecting local advertising production through a flexible points-based system."},"complexity_factors":["Only 8 defined terms in section 5","Single main operative provision (section 8) with one clear threshold (80%)","Simple two-path test for 'Australian produced advertisement' — either geographic test OR creative control test","Creative control test uses straightforward checklist of 10 criteria, requiring 6/10 — no weighting or nested conditions","Limited exemptions clearly listed in defined term 'exempt advertisements'","No cross-references to other legislation beyond basic authority provision","Temporal scope limited to single time band (6am-midnight) and annual calculation","No delegated legislation, review mechanisms, or penalty provisions in the extracted text"],"plain_english_summary":"This law requires commercial TV stations to ensure at least 80% of advertising time (6am–midnight) is filled with Australian-produced ads, affecting broadcasters, advertisers, production companies and viewers. An ad qualifies if made wholly in Australia/New Zealand or if Australians control creative elements under a 6‑of‑10 points test (director, producer, writers, actors, etc.). Certain foreign-entertainment promos and paid public service spots are exempt. The rule aims to protect local jobs and keep ad production work in Australia."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly revokes Television Program Standard 23 and establishes a new regulatory rule requiring at least 80% of annual advertising time (6 a.m.–midnight) to be Australian produced (sections 4 and 8). It also replaces/updates definitions and sets a detailed 6-of-10 personnel/role test for when Australians are treated as exercising direction over production (sections 5 and 6). These are substantive drafting and metric changes in the instrument now in force."},"complexity_factors":["Single quantitative annual requirement (80% of total advertising time between 6 a.m. and midnight) creates a measurable compliance target (section 8).","Several categories of advertisements are excluded from the calculation as 'exempt advertisements', requiring classification before measurement (section 5 definitions).","The definition of 'Australian produced advertisement' has two alternative limbs: wholly produced in Australia/New Zealand, or direction by Australians under a multi-criteria test (section 5).","The multi-criteria test for 'exercising direction' requires meeting at least 6 specified criteria covering many production roles (producer, principal director, director of photography, writers, visual editors, sound production, talent, voice-over, music composer, animation/CG) — operationally detailed and administratively granular (section 6, including items (a)–(j)).","The duty rests on the licensee (defined as the holder of a commercial television broadcasting licence), imposing monitoring and record-keeping obligations on broadcasters (section 5 definition of licensee; section 8).","Cross-jurisdictional scope: 'Australian' explicitly includes citizens or ordinarily resident persons of Australia or New Zealand, affecting eligibility for roles in the test (section 5).","Instrument-level changes: the standard revokes the previous Television Program Standard 23, so affected parties must adapt to the new drafting and timing (revocation and commencement: sections 4 and 2).","Enforcement mechanisms, reporting requirements and penalties are not specified in the text supplied, leaving open how compliance will be supervised or sanctioned (absence in provided provisions)."],"plain_english_summary":"This standard requires commercial television licensees to ensure at least 80% of their annual advertising time (excluding certain exempt ads) broadcast between 6 a.m. and midnight is Australian produced. It affects commercial broadcasters and advertisers by defining what counts as \"Australian produced\" (either made in Australia/New Zealand or meeting a 6-of-10 Australian personnel/roles test), so licensees must track advertising time and production sourcing to meet the obligation."}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-australian-content-in-advertising-standard-2018","history":"/api/acts/broadcasting-services-australian-content-in-advertising-standard-2018/history","analysis":"/api/acts/broadcasting-services-australian-content-in-advertising-standard-2018/analysis","conflicts":"/api/acts/broadcasting-services-australian-content-in-advertising-standard-2018/conflicts","importantCases":"/api/acts/broadcasting-services-australian-content-in-advertising-standard-2018/important-cases","documents":"/api/acts/broadcasting-services-australian-content-in-advertising-standard-2018/documents"}}