{"id":"F2024L01189","name":"Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024","slug":"broadcasting-services-regional-commercial-radio-material-of-local-significance-licence-condition-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105374,"registerId":"commonwealth-F2024L01189-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"PART 1","sectionType":"part","heading":"PRELIMINARY","content":"# PART 1 PRELIMINARY\n\n1 Name of Instrument\n\nThis instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"## 2 Commencement\n\nThis instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\nNote: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.","sortOrder":1},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"## 3 Authority\n\nThis instrument is made under subsection 43(1) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"part","heading":"Repeal of the Broadcasting Services (Regional Commercial Radio— Material of Local Significance) Licence Condition 2014","content":"## 4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014\n\nThe Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"part","heading":"Purpose and Application","content":"## 5 Purpose and Application\n\n(1) For subsection 43(1) of the Act:\n\n1.  the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and\n2.  those conditions create obligations on the person who holds the licence.\n\n(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:\n\n1.  a remote area service radio licence;\n2.  a regional racing service radio licence; or\n3.  a licence allocated under subsection 40(1) of the Act.","sortOrder":4},{"sectionNumber":"PART 2","sectionType":"part","heading":"TERMS USED IN THIS INSTRUMENT","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nBroadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024\n\nThe AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.\n\nDated: 19 September 2024\n\nCreina Chapman  \n\\[signed\\]  \nMember\n\n  \nAutumn Field  \n\\[signed\\]  \nMember/General Manager\n\nAustralian Communications and Media Authority\n\n# PART 1 PRELIMINARY\n\n1 Name of Instrument\n\nThis instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.\n\n## 2 Commencement\n\nThis instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\nNote: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n## 3 Authority\n\nThis instrument is made under subsection 43(1) of the Act.\n\n## 4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014\n\nThe Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.\n\n## 5 Purpose and Application\n\n(1) For subsection 43(1) of the Act:\n\n1.  the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and\n2.  those conditions create obligations on the person who holds the licence.\n\n(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:\n\n1.  a remote area service radio licence;\n2.  a regional racing service radio licence; or\n3.  a licence allocated under subsection 40(1) of the Act.\n\n# PART 2 TERMS USED IN THIS INSTRUMENT\n\n## 6 Definitions\n\nIn this instrument:\n\nAct means the Broadcasting Services Act 1992.\n\nlicensee means a person who holds a regional commercial radio broadcasting licence 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.\n\nmaterial of local significance has the meaning given by section 8.\n\nrelevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.\n\n> Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement \\[see Division 5C of Part 5\\], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence \\[see section 8AF\\], remote area service radio licence, trigger event \\[see Division 5C of Part 5\\].\n\n## 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n## 8 Meaning of material of local significance\n\n(1) Material that is broadcast by a licensee is material of local significance if:\n\n1.  it complies with subsection (2) or (3); and\n2.  subsection (4) does not apply.\n\n## General rule\n\n(2) Material is material of local significance if it:\n\n1.  is hosted in; or\n2.  is produced in; or\n3.  relates to;\n\nthe licence area of the regional commercial radio broadcasting licence.\n\n## Local news and information\n\n(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.\n\n> Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.\n\n## Announcements about material\n\n(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.\n\n## 9 Definitions relating to material of local significance\n\n## Meaning of produced in the licence area\n\n(1) Material is produced in the licence area if:\n\n1.  one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and\n2.  two or more of the following activities occur in the licence area:\n\n1.  compilation;\n2.  developing and implementing programming concepts;\n3.  editing;\n4.  researching;\n5.  scripting;\n6.  technical operation;\n7.  any other activity relating to the creative and administrative aspects  \n    of the production of the material.\n\n## Meaning of hosted in the licence area\n\n(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.\n\n## Meaning of relates to the licence area\n\n(3) Material relates to the licence area if it relates to any of the following matters:\n\n1.  an economic issue as it affects the licence area;\n2.  a government or political issue as it affects the licence area;\n3.  a social issue as it affects the licence area;\n4.  an education issue as it affects the licence area;\n5.  a health issue as it affects the licence area;\n6.  an employment issue as it affects the licence area;\n7.  an event in the licence area, including an event that has not yet occurred;\n8.  a person or organisation associated with the licence area;\n9.  the views of a person or organisation associated with the licence area;\n10.  weather conditions in the licence area;\n11.  a cultural interest, or an issue relating to culture, as it affects the licence area;\n12.  the natural or built environment in the licence area;\n13.  a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;\n14.  an emergency warning broadcast at the request of an emergency service agency.\n\n(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.\n\n# PART 3 LICENCE CONDITIONS\n\n## 10 Licensee must broadcast material of local significance\n\n(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.\n\n(2) For subsection (1), if:\n\n1.  material of local significance is advertising or sponsorship matter; and\n2.  the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;\n\nthe advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.\n\nNote: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.\n\n#   \nPART 4 RECORD KEEPING\n\n## 11 Records\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.\n\n> Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.\n\n(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:\n\n1.  30 days from the date on which the material was broadcast;\n2.  if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or\n3.  a longer period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.\n\n## Transitional provision\n\n(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.\n\n## 12 Material of local significance—local content statements\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.\n\n(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.\n\n(3) A local content statement made under subsection (2), must state:\n\n1.  which programs or parts of programs are material of local significance;\n2.  whether the material was produced in, hosted in, or relates to the licence area; and\n3.  the date or time period covered by the statement.\n\n> Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.\n\n(4) The licensee must make its current local content statement available to the public by either:\n\n1.  publishing local content statements on its website; or\n2.  providing copies of local content statements to any person, on request.\n\n(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.\n\n(6) The licensee must keep a copy of a local content statement for the greater of:\n\n1.  18 months starting on the day after the broadcast; and\n2.  another period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n## Transitional provision\n\n(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.","sortOrder":5},{"sectionNumber":"6","sectionType":"part","heading":"Definitions","content":"## 6 Definitions\n\nIn this instrument:\n\nAct means the Broadcasting Services Act 1992.\n\nlicensee means a person who holds a regional commercial radio broadcasting licence 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.\n\nmaterial of local significance has the meaning given by section 8.\n\nrelevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.\n\n> Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement \\[see Division 5C of Part 5\\], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence \\[see section 8AF\\], remote area service radio licence, trigger event \\[see Division 5C of Part 5\\].","sortOrder":6},{"sectionNumber":"7","sectionType":"part","heading":"References to other instruments","content":"## 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":7},{"sectionNumber":"8","sectionType":"part","heading":"Meaning of material of local significance","content":"## 8 Meaning of material of local significance\n\n(1) Material that is broadcast by a licensee is material of local significance if:\n\n1.  it complies with subsection (2) or (3); and\n2.  subsection (4) does not apply.","sortOrder":8},{"sectionNumber":"General rule","sectionType":"part","heading":"General rule","content":"## General rule\n\n(2) Material is material of local significance if it:\n\n1.  is hosted in; or\n2.  is produced in; or\n3.  relates to;\n\nthe licence area of the regional commercial radio broadcasting licence.","sortOrder":9},{"sectionNumber":"Local news and information","sectionType":"part","heading":"Local news and information","content":"## Local news and information\n\n(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.\n\n> Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.","sortOrder":10},{"sectionNumber":"Announcements about material","sectionType":"part","heading":"Announcements about material","content":"## Announcements about material\n\n(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.","sortOrder":11},{"sectionNumber":"9","sectionType":"part","heading":"Definitions relating to material of local significance","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nBroadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024\n\nThe AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.\n\nDated: 19 September 2024\n\nCreina Chapman  \n\\[signed\\]  \nMember\n\n  \nAutumn Field  \n\\[signed\\]  \nMember/General Manager\n\nAustralian Communications and Media Authority\n\n# PART 1 PRELIMINARY\n\n1 Name of Instrument\n\nThis instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.\n\n## 2 Commencement\n\nThis instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\nNote: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n## 3 Authority\n\nThis instrument is made under subsection 43(1) of the Act.\n\n## 4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014\n\nThe Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.\n\n## 5 Purpose and Application\n\n(1) For subsection 43(1) of the Act:\n\n1.  the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and\n2.  those conditions create obligations on the person who holds the licence.\n\n(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:\n\n1.  a remote area service radio licence;\n2.  a regional racing service radio licence; or\n3.  a licence allocated under subsection 40(1) of the Act.\n\n# PART 2 TERMS USED IN THIS INSTRUMENT\n\n## 6 Definitions\n\nIn this instrument:\n\nAct means the Broadcasting Services Act 1992.\n\nlicensee means a person who holds a regional commercial radio broadcasting licence 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.\n\nmaterial of local significance has the meaning given by section 8.\n\nrelevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.\n\n> Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement \\[see Division 5C of Part 5\\], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence \\[see section 8AF\\], remote area service radio licence, trigger event \\[see Division 5C of Part 5\\].\n\n## 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n## 8 Meaning of material of local significance\n\n(1) Material that is broadcast by a licensee is material of local significance if:\n\n1.  it complies with subsection (2) or (3); and\n2.  subsection (4) does not apply.\n\n## General rule\n\n(2) Material is material of local significance if it:\n\n1.  is hosted in; or\n2.  is produced in; or\n3.  relates to;\n\nthe licence area of the regional commercial radio broadcasting licence.\n\n## Local news and information\n\n(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.\n\n> Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.\n\n## Announcements about material\n\n(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.\n\n## 9 Definitions relating to material of local significance\n\n## Meaning of produced in the licence area\n\n(1) Material is produced in the licence area if:\n\n1.  one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and\n2.  two or more of the following activities occur in the licence area:\n\n1.  compilation;\n2.  developing and implementing programming concepts;\n3.  editing;\n4.  researching;\n5.  scripting;\n6.  technical operation;\n7.  any other activity relating to the creative and administrative aspects  \n    of the production of the material.\n\n## Meaning of hosted in the licence area\n\n(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.\n\n## Meaning of relates to the licence area\n\n(3) Material relates to the licence area if it relates to any of the following matters:\n\n1.  an economic issue as it affects the licence area;\n2.  a government or political issue as it affects the licence area;\n3.  a social issue as it affects the licence area;\n4.  an education issue as it affects the licence area;\n5.  a health issue as it affects the licence area;\n6.  an employment issue as it affects the licence area;\n7.  an event in the licence area, including an event that has not yet occurred;\n8.  a person or organisation associated with the licence area;\n9.  the views of a person or organisation associated with the licence area;\n10.  weather conditions in the licence area;\n11.  a cultural interest, or an issue relating to culture, as it affects the licence area;\n12.  the natural or built environment in the licence area;\n13.  a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;\n14.  an emergency warning broadcast at the request of an emergency service agency.\n\n(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.\n\n# PART 3 LICENCE CONDITIONS\n\n## 10 Licensee must broadcast material of local significance\n\n(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.\n\n(2) For subsection (1), if:\n\n1.  material of local significance is advertising or sponsorship matter; and\n2.  the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;\n\nthe advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.\n\nNote: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.\n\n#   \nPART 4 RECORD KEEPING\n\n## 11 Records\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.\n\n> Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.\n\n(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:\n\n1.  30 days from the date on which the material was broadcast;\n2.  if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or\n3.  a longer period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.\n\n## Transitional provision\n\n(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.\n\n## 12 Material of local significance—local content statements\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.\n\n(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.\n\n(3) A local content statement made under subsection (2), must state:\n\n1.  which programs or parts of programs are material of local significance;\n2.  whether the material was produced in, hosted in, or relates to the licence area; and\n3.  the date or time period covered by the statement.\n\n> Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.\n\n(4) The licensee must make its current local content statement available to the public by either:\n\n1.  publishing local content statements on its website; or\n2.  providing copies of local content statements to any person, on request.\n\n(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.\n\n(6) The licensee must keep a copy of a local content statement for the greater of:\n\n1.  18 months starting on the day after the broadcast; and\n2.  another period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n## Transitional provision\n\n(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.","sortOrder":12},{"sectionNumber":"Meaning of produced in the licence area","sectionType":"part","heading":"Meaning of produced in the licence area","content":"## Meaning of produced in the licence area\n\n(1) Material is produced in the licence area if:\n\n1.  one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and\n2.  two or more of the following activities occur in the licence area:\n\n1.  compilation;\n2.  developing and implementing programming concepts;\n3.  editing;\n4.  researching;\n5.  scripting;\n6.  technical operation;\n7.  any other activity relating to the creative and administrative aspects  \n    of the production of the material.","sortOrder":13},{"sectionNumber":"Meaning of hosted in the licence area","sectionType":"part","heading":"Meaning of hosted in the licence area","content":"## Meaning of hosted in the licence area\n\n(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.","sortOrder":14},{"sectionNumber":"Meaning of relates to the licence area","sectionType":"part","heading":"Meaning of relates to the licence area","content":"## Meaning of relates to the licence area\n\n(3) Material relates to the licence area if it relates to any of the following matters:\n\n1.  an economic issue as it affects the licence area;\n2.  a government or political issue as it affects the licence area;\n3.  a social issue as it affects the licence area;\n4.  an education issue as it affects the licence area;\n5.  a health issue as it affects the licence area;\n6.  an employment issue as it affects the licence area;\n7.  an event in the licence area, including an event that has not yet occurred;\n8.  a person or organisation associated with the licence area;\n9.  the views of a person or organisation associated with the licence area;\n10.  weather conditions in the licence area;\n11.  a cultural interest, or an issue relating to culture, as it affects the licence area;\n12.  the natural or built environment in the licence area;\n13.  a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;\n14.  an emergency warning broadcast at the request of an emergency service agency.\n\n(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.","sortOrder":15},{"sectionNumber":"PART 3","sectionType":"part","heading":"LICENCE CONDITIONS","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nBroadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024\n\nThe AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.\n\nDated: 19 September 2024\n\nCreina Chapman  \n\\[signed\\]  \nMember\n\n  \nAutumn Field  \n\\[signed\\]  \nMember/General Manager\n\nAustralian Communications and Media Authority\n\n# PART 1 PRELIMINARY\n\n1 Name of Instrument\n\nThis instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.\n\n## 2 Commencement\n\nThis instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\nNote: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n## 3 Authority\n\nThis instrument is made under subsection 43(1) of the Act.\n\n## 4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014\n\nThe Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.\n\n## 5 Purpose and Application\n\n(1) For subsection 43(1) of the Act:\n\n1.  the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and\n2.  those conditions create obligations on the person who holds the licence.\n\n(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:\n\n1.  a remote area service radio licence;\n2.  a regional racing service radio licence; or\n3.  a licence allocated under subsection 40(1) of the Act.\n\n# PART 2 TERMS USED IN THIS INSTRUMENT\n\n## 6 Definitions\n\nIn this instrument:\n\nAct means the Broadcasting Services Act 1992.\n\nlicensee means a person who holds a regional commercial radio broadcasting licence 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.\n\nmaterial of local significance has the meaning given by section 8.\n\nrelevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.\n\n> Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement \\[see Division 5C of Part 5\\], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence \\[see section 8AF\\], remote area service radio licence, trigger event \\[see Division 5C of Part 5\\].\n\n## 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n## 8 Meaning of material of local significance\n\n(1) Material that is broadcast by a licensee is material of local significance if:\n\n1.  it complies with subsection (2) or (3); and\n2.  subsection (4) does not apply.\n\n## General rule\n\n(2) Material is material of local significance if it:\n\n1.  is hosted in; or\n2.  is produced in; or\n3.  relates to;\n\nthe licence area of the regional commercial radio broadcasting licence.\n\n## Local news and information\n\n(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.\n\n> Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.\n\n## Announcements about material\n\n(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.\n\n## 9 Definitions relating to material of local significance\n\n## Meaning of produced in the licence area\n\n(1) Material is produced in the licence area if:\n\n1.  one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and\n2.  two or more of the following activities occur in the licence area:\n\n1.  compilation;\n2.  developing and implementing programming concepts;\n3.  editing;\n4.  researching;\n5.  scripting;\n6.  technical operation;\n7.  any other activity relating to the creative and administrative aspects  \n    of the production of the material.\n\n## Meaning of hosted in the licence area\n\n(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.\n\n## Meaning of relates to the licence area\n\n(3) Material relates to the licence area if it relates to any of the following matters:\n\n1.  an economic issue as it affects the licence area;\n2.  a government or political issue as it affects the licence area;\n3.  a social issue as it affects the licence area;\n4.  an education issue as it affects the licence area;\n5.  a health issue as it affects the licence area;\n6.  an employment issue as it affects the licence area;\n7.  an event in the licence area, including an event that has not yet occurred;\n8.  a person or organisation associated with the licence area;\n9.  the views of a person or organisation associated with the licence area;\n10.  weather conditions in the licence area;\n11.  a cultural interest, or an issue relating to culture, as it affects the licence area;\n12.  the natural or built environment in the licence area;\n13.  a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;\n14.  an emergency warning broadcast at the request of an emergency service agency.\n\n(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.\n\n# PART 3 LICENCE CONDITIONS\n\n## 10 Licensee must broadcast material of local significance\n\n(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.\n\n(2) For subsection (1), if:\n\n1.  material of local significance is advertising or sponsorship matter; and\n2.  the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;\n\nthe advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.\n\nNote: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.\n\n#   \nPART 4 RECORD KEEPING\n\n## 11 Records\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.\n\n> Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.\n\n(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:\n\n1.  30 days from the date on which the material was broadcast;\n2.  if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or\n3.  a longer period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.\n\n## Transitional provision\n\n(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.\n\n## 12 Material of local significance—local content statements\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.\n\n(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.\n\n(3) A local content statement made under subsection (2), must state:\n\n1.  which programs or parts of programs are material of local significance;\n2.  whether the material was produced in, hosted in, or relates to the licence area; and\n3.  the date or time period covered by the statement.\n\n> Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.\n\n(4) The licensee must make its current local content statement available to the public by either:\n\n1.  publishing local content statements on its website; or\n2.  providing copies of local content statements to any person, on request.\n\n(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.\n\n(6) The licensee must keep a copy of a local content statement for the greater of:\n\n1.  18 months starting on the day after the broadcast; and\n2.  another period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n## Transitional provision\n\n(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.","sortOrder":16},{"sectionNumber":"10","sectionType":"part","heading":"Licensee must broadcast material of local significance","content":"## 10 Licensee must broadcast material of local significance\n\n(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.\n\n(2) For subsection (1), if:\n\n1.  material of local significance is advertising or sponsorship matter; and\n2.  the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;\n\nthe advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.\n\nNote: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.","sortOrder":17},{"sectionNumber":"PART 4","sectionType":"part","heading":"RECORD KEEPING","content":"![Commonwealth of Australia coat of arms](image.001.png)\n\nBroadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024\n\nThe AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.\n\nDated: 19 September 2024\n\nCreina Chapman  \n\\[signed\\]  \nMember\n\n  \nAutumn Field  \n\\[signed\\]  \nMember/General Manager\n\nAustralian Communications and Media Authority\n\n# PART 1 PRELIMINARY\n\n1 Name of Instrument\n\nThis instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.\n\n## 2 Commencement\n\nThis instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\nNote: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n## 3 Authority\n\nThis instrument is made under subsection 43(1) of the Act.\n\n## 4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014\n\nThe Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.\n\n## 5 Purpose and Application\n\n(1) For subsection 43(1) of the Act:\n\n1.  the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and\n2.  those conditions create obligations on the person who holds the licence.\n\n(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:\n\n1.  a remote area service radio licence;\n2.  a regional racing service radio licence; or\n3.  a licence allocated under subsection 40(1) of the Act.\n\n# PART 2 TERMS USED IN THIS INSTRUMENT\n\n## 6 Definitions\n\nIn this instrument:\n\nAct means the Broadcasting Services Act 1992.\n\nlicensee means a person who holds a regional commercial radio broadcasting licence 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.\n\nmaterial of local significance has the meaning given by section 8.\n\nrelevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.\n\n> Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement \\[see Division 5C of Part 5\\], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence \\[see section 8AF\\], remote area service radio licence, trigger event \\[see Division 5C of Part 5\\].\n\n## 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n## 8 Meaning of material of local significance\n\n(1) Material that is broadcast by a licensee is material of local significance if:\n\n1.  it complies with subsection (2) or (3); and\n2.  subsection (4) does not apply.\n\n## General rule\n\n(2) Material is material of local significance if it:\n\n1.  is hosted in; or\n2.  is produced in; or\n3.  relates to;\n\nthe licence area of the regional commercial radio broadcasting licence.\n\n## Local news and information\n\n(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.\n\n> Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.\n\n## Announcements about material\n\n(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.\n\n## 9 Definitions relating to material of local significance\n\n## Meaning of produced in the licence area\n\n(1) Material is produced in the licence area if:\n\n1.  one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and\n2.  two or more of the following activities occur in the licence area:\n\n1.  compilation;\n2.  developing and implementing programming concepts;\n3.  editing;\n4.  researching;\n5.  scripting;\n6.  technical operation;\n7.  any other activity relating to the creative and administrative aspects  \n    of the production of the material.\n\n## Meaning of hosted in the licence area\n\n(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.\n\n## Meaning of relates to the licence area\n\n(3) Material relates to the licence area if it relates to any of the following matters:\n\n1.  an economic issue as it affects the licence area;\n2.  a government or political issue as it affects the licence area;\n3.  a social issue as it affects the licence area;\n4.  an education issue as it affects the licence area;\n5.  a health issue as it affects the licence area;\n6.  an employment issue as it affects the licence area;\n7.  an event in the licence area, including an event that has not yet occurred;\n8.  a person or organisation associated with the licence area;\n9.  the views of a person or organisation associated with the licence area;\n10.  weather conditions in the licence area;\n11.  a cultural interest, or an issue relating to culture, as it affects the licence area;\n12.  the natural or built environment in the licence area;\n13.  a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;\n14.  an emergency warning broadcast at the request of an emergency service agency.\n\n(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.\n\n# PART 3 LICENCE CONDITIONS\n\n## 10 Licensee must broadcast material of local significance\n\n(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.\n\n(2) For subsection (1), if:\n\n1.  material of local significance is advertising or sponsorship matter; and\n2.  the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;\n\nthe advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.\n\nNote: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.\n\n#   \nPART 4 RECORD KEEPING\n\n## 11 Records\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.\n\n> Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.\n\n(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:\n\n1.  30 days from the date on which the material was broadcast;\n2.  if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or\n3.  a longer period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.\n\n## Transitional provision\n\n(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.\n\n## 12 Material of local significance—local content statements\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.\n\n(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.\n\n(3) A local content statement made under subsection (2), must state:\n\n1.  which programs or parts of programs are material of local significance;\n2.  whether the material was produced in, hosted in, or relates to the licence area; and\n3.  the date or time period covered by the statement.\n\n> Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.\n\n(4) The licensee must make its current local content statement available to the public by either:\n\n1.  publishing local content statements on its website; or\n2.  providing copies of local content statements to any person, on request.\n\n(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.\n\n(6) The licensee must keep a copy of a local content statement for the greater of:\n\n1.  18 months starting on the day after the broadcast; and\n2.  another period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n## Transitional provision\n\n(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.","sortOrder":18},{"sectionNumber":"11","sectionType":"part","heading":"Records","content":"## 11 Records\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.\n\n> Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.\n\n(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:\n\n1.  30 days from the date on which the material was broadcast;\n2.  if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or\n3.  a longer period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).\n\n(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.","sortOrder":19},{"sectionNumber":"Transitional provision","sectionType":"part","heading":"Transitional provision","content":"## Transitional provision\n\n(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.","sortOrder":20},{"sectionNumber":"12","sectionType":"part","heading":"Material of local significance—local content statements","content":"## 12 Material of local significance—local content statements\n\n(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.\n\n(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.\n\n(3) A local content statement made under subsection (2), must state:\n\n1.  which programs or parts of programs are material of local significance;\n2.  whether the material was produced in, hosted in, or relates to the licence area; and\n3.  the date or time period covered by the statement.\n\n> Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.\n\n(4) The licensee must make its current local content statement available to the public by either:\n\n1.  publishing local content statements on its website; or\n2.  providing copies of local content statements to any person, on request.\n\n(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.\n\n(6) The licensee must keep a copy of a local content statement for the greater of:\n\n1.  18 months starting on the day after the broadcast; and\n2.  another period specified by the ACMA, in writing.\n\n> Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).","sortOrder":21}],"analysis":{"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":5,"scope_assessment":{"changed":false,"description":"This instrument replaces the 2014 licence condition and restates the core regulatory obligations: an hourly local‑content requirement during daytime hours, limits on paid content counting as local content, audio record retention, and local content statements (see ss.4, 10–12). It retains transitional clauses preserving prior obligations where applicable (ss.11(4), 12(7)). There is no clear expansion of the instrument's reach beyond the original purpose of imposing and specifying local-content obligations on regional commercial radio licences; the changes are principally definitional and administrative refinements rather than a material scope broadening. Any practical change in scope would depend on how ACMA or licensees interpret the clarified definitions (for example, the \"relates to\" criteria and the \"produced in\" activity tests), but on the face of the text the regulated population and the principal duties remain consistent with the earlier instrument."},"complexity_factors":["Cross-references to the Broadcasting Services Act 1992 (Division 5C, local content exemption period, trigger event, defined licence types) — multiple external dependencies (see notes to s.6 and s.8).","Reference to an external Declaration for the actual hourly target (\"applicable number\") — requires consulting Broadcasting (Hours of Local Content) Declaration No.1 of 2017 s.4 (note to s.10).","Several multi-part definitional tests with thresholds (eg. 'produced in' requires one or more local directors plus two or more of seven listed activities) — layered conditions (s.9(1)).","Conditional carve-outs and exceptions: excluded licence classes, local content exemption periods defining \"relevant business day\", and transitional obligations (ss.5(2), 6, 11(4), 12(7)).","Record-keeping retention periods use a 'longest of' rule (30 days; 60 days if complaint; or longer if ACMA directs) adding conditional logic (s.11(2)).","Administrative obligations that repeat similar duties (daily audio records and daily local content statements) increase operational complexity (ss.11–12).","Open wording (eg. 'direct and substantial relationship') introduces interpretive uncertainty and potential compliance disputes (s.9(4)).","Multiple points where ACMA discretion can change duties (ACMA may specify longer retention periods, can request records/statements), creating variability in compliance scope (ss.11(2)(3), 12(5)(6))."],"plain_english_summary":"**What this instrument does (mechanical change first)\n\n- Replaces the 2014 licence condition and imposes a new licence condition on holders of regional commercial radio licences (except certain narrow categories). It requires those licensees to: (a) broadcast a specified number of hours of \"material of local significance\" during daytime hours on each relevant business day (see section 10); (b) keep audio records of that material (section 11); and (c) compile, retain and make available \"local content statements\" that describe what local material will be broadcast (section 12).\n\n- The instrument defines what counts as \"material of local significance\": material that is hosted in, produced in, or relates to the licence area, or material broadcast to meet local news obligations after a trigger event under the Act (section 8). It further explains what \"produced in\", \"hosted in\" and \"relates to\" mean (section 9).\n\nWho is affected\n\n- Affected parties are holders of regional commercial radio broadcasting licences, other than: remote area service radio licences, regional racing service radio licences, and licences allocated under subsection 40(1) of the Broadcasting Services Act 1992 (section 5(2) and the definition of \"licensee\" in section 6).\n\nWhy it matters (claimed purpose and operational effects)\n\n- The instrument states its purpose is to impose conditions that create obligations on regional commercial radio licensees (section 5(1)). Practically, that means licensees must allocate a set number of daytime hours to local programming, keep an audio record of that local programming for a minimum period, and publish or provide local content statements so the public and the regulator can see what is claimed as local content (sections 10–12).\n\nHow the main rules work, in plain terms\n\n- \"Applicable number of hours\": the instrument requires broadcasting the applicable number of hours of local material during daytime hours on each \"relevant business day\" (section 10(1)). The instrument points you to the external \"Broadcasting (Hours of Local Content) Declaration No. 1 of 2017\" for the exact hourly target (note to s.10).\n\n- Advertising/sponsorship cap: if local material is paid advertising or sponsorship, that paid content may make up no more than 25% of the required hours on a relevant business day (section 10(2)).\n\n- What counts as \"material of local significance\":\n  - Hosted in the licence area: every announcer must be physically in the licence area when broadcast (s.9(2)).\n  - Produced in the licence area: one or more local persons must direct creative/administrative aspects and at least two specified production activities must occur in the licence area (s.9(1)).\n  - Relates to the licence area: a long list of subject matters (economic, government, social, health, weather, events, local organisations, emergency warnings at request of an emergency agency, etc.) or any material with a \"direct and substantial relationship\" to the licence area (s.9(3)–(4)).\n\n- Record-keeping: licensees must keep an audio record of the applicable hours for each relevant business day; records must be kept for at least 30 days (60 days if there is a complaint) or longer if ACMA directs (section 11). ACMA may request access and the licensee must comply.\n\n- Local content statements: licensees must compile a statement for each relevant business day that sets out the regular program schedule, identifies which programs (or parts) are local material, and states whether that material was produced in, hosted in, or relates to the licence area; the current statement must be published or provided on request and retained for at least 18 months (section 12).\n\nPractical incentives, costs and decision‑points (testing the stated purpose against trade‑offs)\n\n- Who pays: licensees bear the cost of producing or sourcing local material, making and storing audio recordings, preparing and publishing local content statements, and any adjustments to scheduling to meet the hourly target (see sections 10–12).\n\n- Who decides: licensees decide which programs qualify under the definitions and how to meet the hourly requirement. The ACMA enforces compliance, can request records/statements and can require longer retention in writing (sections 11(3) and 12(5)–(6)). The applicable hourly target itself is set outside this instrument in the referenced Declaration (note to s.10).\n\n- Behavioural effects and trade‑offs:\n  - Content sourcing: licensees will likely increase locally hosted/produced programming or identify existing items that \"relate to\" the licence area to meet hours. The definitions allow several routes to qualify (hosted, produced, or relates), which gives licensees choice but also requires internal classification and documentation (s.8–9).\n  - Commercial substitution: the 25% cap on paid material within local hours creates an incentive to use unpaid editorial/local programming rather than paid sponsorship to count toward the requirement (s.10(2)).\n  - Administrative burden: daily audio recording (or equivalent whole-day recording), compiling daily/periodic local content statements, and public availability impose recurring compliance costs (s.11–12). ACMA powers to request records mean ongoing readiness is required.\n  - Ambiguity & judgement calls: terms such as \"direct and substantial relationship\" are not defined in detail here, so licensees must apply interpretation (and may face ACMA scrutiny) when classifying borderline material (s.9(4)). This creates some compliance risk and potential disputes about classification.\n\nImplementation and enforcement risks\n\n- Enforcement rests with the ACMA (authority noted in s.3 and the instrument is made under subsection 43(1) of the Act). ACMA can ask for records and direct longer retention; noncompliance may attract regulatory action under the Act.\n\n- The instrument relies on external instruments and provisions of the Act for key concepts (\"applicable number\", \"local content exemption period\", trigger events, and certain licence types). That increases reliance on cross‑referenced material when applying the rule in practice (see notes to ss.6 and 10).\n\nOther operational notes and transitional rules\n\n- The instrument repeals the 2014 condition and contains transitional clauses requiring continued retention or compliance with certain prior‑instrument requirements where those recordings or statements were already produced under the 2014 rules (sections 4, 11(4), 12(7)).\n\n- The instrument excludes particular classes of licences from its scope (remote area, racing, or s.40 allocations) (s.5(2) and definition of \"licensee\" in s.6).\n\nKey sections to read for compliance: definitions and scope (ss.5–9), the broadcast requirement and advertising cap (s.10), records (s.11), and local content statements (s.12)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and update of the 2014 licence condition. The scope remains tightly focused on imposing local content obligations on regional commercial radio broadcasters. While the definitions have been refined (particularly the detailed 14-point list for 'relates to' and the production activity requirements), the fundamental purpose—ensuring regional radio stations broadcast locally significant material—has not expanded beyond the original intent."},"complexity_factors":["Multiple defined terms (6 explicit definitions plus 11 terms imported from the parent Act)","Nested conditional logic in section 8: material qualifies if it meets (2) OR (3), AND does NOT meet (4)","Cross-references to external instruments: Broadcasting (Hours of Local Content) Declaration No. 1 of 2017 for 'applicable number' of hours, and multiple references to Division 5C of Part 5 of the Broadcasting Services Act 1992","Three-part test for 'produced in' requiring both creative direction AND two or more activities from a 7-item list","14-item enumerated list for 'relates to' plus a catch-all 'direct and substantial relationship' test in section 9(4)","Variable retention periods for records (30 days standard, 60 days if complaint, or ACMA-specified longer period)","Transitional provisions preserving obligations under the repealed 2014 instrument"],"plain_english_summary":"This law requires regional commercial radio stations to broadcast a minimum amount of locally significant content during daytime, defines what qualifies as “local”, limits how much of that content can be paid advertising, and mandates recordings and public statements for ACMA oversight.\n\nIt affects regional broadcasters and ACMA and aims to preserve local news, voices and jobs by ensuring communities receive radio programming relevant to their area."}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-regional-commercial-radio-material-of-local-significance-licence-condition-202","history":"/api/acts/broadcasting-services-regional-commercial-radio-material-of-local-significance-licence-condition-202/history","analysis":"/api/acts/broadcasting-services-regional-commercial-radio-material-of-local-significance-licence-condition-202/analysis","conflicts":"/api/acts/broadcasting-services-regional-commercial-radio-material-of-local-significance-licence-condition-202/conflicts","importantCases":"/api/acts/broadcasting-services-regional-commercial-radio-material-of-local-significance-licence-condition-202/important-cases","documents":"/api/acts/broadcasting-services-regional-commercial-radio-material-of-local-significance-licence-condition-202/documents"}}