{"id":"F2017L00278","name":"Broadcasting Services (Class Licences) Determination 2017","slug":"broadcasting-services-class-licences-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95990,"registerId":"commonwealth-F2017L00278-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Broadcasting Services (Class Licences) Determination 2017.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 117 of the Broadcasting Services Act 1992.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Revocation","content":"#### 4 Revocation\n\nThe Broadcasting Services Act 1992 - Determination of Class Licences (01/10/1992) \\[F2007B01030\\] is revoked.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Determination of Class Licences","content":"#### 5 Determination of Class Licences\n\nThe ACMA determines a class licence for the provision of each of the following:\n\n    (a) subscription radio broadcasting services;\n    (b) subscription radio narrowcasting services;\n    (c) subscription television narrowcasting services;\n    (d) open narrowcasting radio services;\n    (e) open narrowcasting television services.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument revokes the earlier 1992 Determination (section 4) and restates that ACMA is to determine class licences for five categories of services (section 5). The instrument does not include the prior Determination's text or describe differences, so a change of scope from the earlier instrument cannot be demonstrated from this instrument alone."},"complexity_factors":["Short instrument with only five operative sections (limited textual complexity).","Relies on an external statute for authority and likely for definitions (Broadcasting Services Act 1992 — section 3), requiring cross-reference to understand key terms.","Operative provision is delegated in form (ACMA \"determines\" class licences — section 5), creating substantive complexity through delegated instruments rather than in this text.","Revocation of a prior Determination (section 4) introduces potential transition/compatibility issues that are not resolved within this instrument.","No licence conditions, fees or enforcement mechanisms are set here (section 5), so practical effects depend on subsequent ACMA determinations and subordinate material."],"plain_english_summary":"This Determination revokes the 1992 instrument and directs the Australian Communications and Media Authority (ACMA) to make class licences for five categories of subscription and narrowcast radio and television services, commencing the day after registration. It affects providers in those categories but does not set licence conditions, fees or penalties itself — those substantive obligations, costs and competitive effects will depend on the terms ACMA subsequently determines."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 117 of the Broadcasting Services Act 1992 — determining class licences for specified services. It replaces a 1992 determination with updated service categories but does not expand beyond the statutory authority."},"complexity_factors":["Extremely short — only 5 operative sections","No defined terms section (relies on definitions in parent Act)","No conditional logic or exceptions","Single cross-reference to enabling legislation (section 117 of Broadcasting Services Act 1992)","Simple list structure with no nested provisions","Revocation of single previous instrument is straightforward"],"plain_english_summary":"This is a short legal instrument that sets up automatic licences for certain types of broadcasting services in Australia.\n\n**What it does:**\nThe Australian Communications and Media Authority (ACMA) creates five categories of \"class licences\" — essentially, blanket permissions that let broadcasters operate without needing to apply for an individual licence.\n\n**The five services covered are:**\n- **Subscription radio broadcasting** — radio you pay for (like SiriusXM-style services)\n- **Subscription radio narrowcasting** — specialised paid radio for specific audiences\n- **Subscription television narrowcasting** — specialised paid TV for specific audiences\n- **Open narrowcasting radio services** — free specialised radio for specific audiences or locations\n- **Open narrowcasting television services** — free specialised TV for specific audiences or locations\n\n**Who it affects:**\nBroadcasters wanting to run these specific services. Instead of applying for a licence and waiting for approval, they can simply comply with the class licence conditions and start broadcasting.\n\n**Why it matters:**\nIt streamlines regulation. Rather than ACMA processing thousands of individual applications for niche services, these broadcasters can operate under standardised rules. It also revokes an older 1992 determination, updating the framework.\n\n**Key concept:** *Narrowcasting* means broadcasting to a limited audience (by location, interest, or other criteria), unlike regular broadcasting which goes to the general public."}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-class-licences-determination-2017","history":"/api/acts/broadcasting-services-class-licences-determination-2017/history","analysis":"/api/acts/broadcasting-services-class-licences-determination-2017/analysis","conflicts":"/api/acts/broadcasting-services-class-licences-determination-2017/conflicts","importantCases":"/api/acts/broadcasting-services-class-licences-determination-2017/important-cases","documents":"/api/acts/broadcasting-services-class-licences-determination-2017/documents"}}