{"id":"F2023L01247","name":"Broadcasting Services (Regional Commercial Radio Trigger Event Exemptions) Regulations 2023","slug":"broadcasting-services-regional-commercial-radio-trigger-event-exemptions-regulations-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442085,"registerId":"F2023L01247-fast-fetch-1775957191490","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Broadcasting Services (Regional Commercial Radio Trigger Event Exemptions) Regulations 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nBroadcasting Services (Regional Commercial Radio Trigger Event Exemptions) Regulations 2023\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated  14 September 2023\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMichelle Rowland\n\nMinister for Communications\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Exemptions from trigger events\n\nSchedule 1—Repeals\n\nBroadcasting Services (Regional Commercial Radio) Regulation 2013\n\n1  Name\n\n  This instrument is the Broadcasting Services (Regional Commercial Radio Trigger Event Exemptions) Regulations 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 16 September 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Broadcasting Services Act 1992.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) control;\n\n(b) shares.\n\n  In this instrument:\n\nAct means the Broadcasting Services Act 1992.\n\ncontrol event has the meaning given by subsection 61CB(1A) of the Act.\n\ncontroller has the same meaning as in Division 5A of Part 5 of the Act.\n\nregional commercial radio broadcasting licence means a regional commercial radio broadcasting licence in relation to which Division 5C of Part 5 of the Act applies.\n\nregistrable media group has the same meaning as in Division 5A of Part 5 of the Act.\n\nrelevant event means:\n\n (a) a control event; or\n\n (b) the coming into existence of a registrable media group; or\n\n (c) a change of controller of a registrable media group.\n\ntrigger event has the same meaning as in Division 5C of Part 5 of the Act.\n\nwholly‑owned subsidiary has the same meaning as in the Corporations Act 2001.\n\n6  Exemptions from trigger events\n\n (1) For the purposes of subsections 61CB(1D), (2C) and (5) of the Act, this section sets out exemptions from subsections 61CB(1A), (2) and (3) of the Act (which set out trigger events).\n\nChange in control of licence\n\n (2) Subsection 61CB(1A) of the Act does not apply to a control event if the control event occurs in the following circumstances:\n\n (a) a person (the first person) ceases to be in a position to exercise control of the regional commercial radio broadcasting licence concerned;\n\n (b) another person (the second person) starts to be in a position to exercise control of that licence;\n\n (c) the second person is controlled in the same way as the first person was controlled;\n\n (d) either:\n\n (i) the other persons who are in a position to exercise control of that licence do not otherwise change; or\n\n (ii) any other change to the other persons who are in a position to exercise control of that licence is not a trigger event for that licence.\n\nNote: An example for paragraph (c) is that the first person and second person are, or were, wholly‑owned subsidiaries of the same parent company.\n\nChange of controller of registrable media group\n\n (3) Subsection 61CB(3) of the Act does not apply to a change of controller (the first controller) of a registrable media group if the change occurs in the following circumstances:\n\n (a) the first controller ceases to be a controller of the group;\n\n (b) a person (the second controller) who was not a controller of the group becomes a controller of the group;\n\n (c) a regional commercial radio broadcasting licence is in the group;\n\n (d) the second controller is controlled in the same way as the first controller was controlled;\n\n (e) either:\n\n (i) the persons who are in a position to exercise control of the licence do not otherwise change; or\n\n (ii) any other change to the persons who are in a position to exercise control of the licence is not a trigger event.\n\nNote: An example for paragraph (d) is that the first controller and second controller are, or were, wholly‑owned subsidiaries of the same parent company.\n\nChange of directors\n\n (4) Subsection 61CB(1A) or (3) of the Act does not apply to a relevant event if the relevant event occurs solely because of a change of directors of a company.\n\nSale or transfer of shares between companies\n\n (5) Subsection 61CB(1A), (2) or (3) of the Act does not apply to a relevant event if the relevant event occurs in the following circumstances:\n\n (a) there is a sale or transfer of shares between 2 or more companies;\n\n (b) the companies are wholly‑owned subsidiaries of the same company (the parent company);\n\n (c) both before and after the sale or transfer of the shares, the parent company is in a position to exercise control of the regional commercial radio broadcasting licence concerned;\n\n (d) either:\n\n (i) the persons who are in a position to exercise control of that licence do not otherwise change; or\n\n (ii) any other change to the persons who are in a position to exercise control of that licence is not a trigger event for that licence.\n\nFormation of new company\n\n (6) Subsection 61CB(1A), (2) or (3) of the Act does not apply to a relevant event if the relevant event occurs in the following circumstances:\n\n (a) a new company is formed;\n\n (b) the new company is a wholly‑owned subsidiary of another company (the parent company);\n\n (c) the new company starts to be in a position to exercise control of the regional commercial radio broadcasting licence concerned;\n\n (d) both before and after the new company is formed, the parent company is in a position to exercise control of that licence;\n\n (e) either:\n\n (i) the persons who are in a position to exercise control of that licence do not otherwise change; or\n\n (ii) any other change to the persons who are in a position to exercise control of that licence is not a trigger event for the licence.\n\nSubsidiary company ceases to exercise control\n\n (7) Subsection 61CB(1A), (2) or (3) of the Act does not apply to a relevant event if the relevant event occurs in the following circumstances:\n\n (a) a company ceases to be in a position to exercise control of the regional commercial radio broadcasting licence concerned;\n\n (b) the company is a wholly‑owned subsidiary of another company (the parent company);\n\n (c) both before and after the event mentioned in paragraph (a) of this subsection occurs, the parent company is in a position to exercise control of that licence;\n\n (d) either:\n\n (i) the persons who are in a position to exercise control of that licence do not otherwise change; or\n\n (ii) any other change to the persons who are in a position to exercise control of that licence is not a trigger event for the licence.\n\nSchedule 1—Repeals\n\n \n\nBroadcasting Services (Regional Commercial Radio) Regulation 2013\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument narrows the set of events that trigger regulatory consequences for regional commercial radio licences by exempting specified internal corporate restructures and director changes from the Act’s trigger-event rules (see regulation 6). It also repeals the prior Broadcasting Services (Regional Commercial Radio) Regulation 2013 in full (Schedule 1). Mechanically, the effect is to reduce occasions when licences must be treated as subject to control-event rules under subsections of section 61CB of the Act, shifting compliance incentives toward internal reorganisations that preserve parent‑company control."},"complexity_factors":["Depends on statutory terms in the Broadcasting Services Act (eg. 'control event', 'trigger event', 'controller') rather than self-contained definitions, requiring cross-reference to the Act (see regulation 5).","Multiple conditional exemptions use layered tests (eg. 'controlled in the same way', 'persons who are in a position to exercise control do not otherwise change', or alternative clauses) that create fine factual inquiries (see regulation 6(2)–(7)).","Frequent reliance on corporate relationships (wholly‑owned subsidiary, parent company) ties application to Corporations Act concepts and corporate fact patterns (see regulation 6(5)–(7)).","Several exemptions are framed as examples rather than exhaustive rules, producing interpretive risk (notes in regulations 6(2) and 6(3)).","Complete repeal of the 2013 instrument (Schedule 1) changes the regulatory baseline and may require re-assessing prior practice and administrative guidance."],"plain_english_summary":"This regulation narrows which corporate changes count as “trigger events” for regional commercial radio licences under the Broadcasting Services Act. It lists specific internal reorganisations—such as transfers between wholly‑owned subsidiaries, formation of new wholly‑owned subsidiaries, changes of directors, and like-for-like replacements of controllers—that will not be treated as trigger events. It matters to licence holders, parent companies, controllers and the regulator because it reduces when licence control changes must be reported or reviewed, lowering compliance and transaction costs for internal corporate moves."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose of creating specific exemptions for trigger events in regional commercial radio ownership. It does not appear to have expanded beyond this narrow technical purpose."},"complexity_factors":["Only 7 defined terms in section 5, most referencing definitions in the parent Act","Straightforward structure: definitions section followed by six discrete exemption scenarios","Each exemption follows a similar logical pattern (if X happens in circumstances Y, then exemption applies)","Minimal cross-referencing — only references to specific subsections of the Broadcasting Services Act 1992","No nested exceptions or conditional logic within the exemptions themselves","Single repeal in Schedule 1 (repealing one previous regulation)","Total length is approximately 3 pages of substantive content"],"plain_english_summary":"This regulation exempts certain corporate restructures from being treated as \"trigger events\" under the Broadcasting Services Act 1992 for regional commercial radio licences. In short, changes of control that leave the ultimate parent/controller unchanged — such as internal transfers, new wholly‑owned subsidiaries, director changes, or similar group reorganisations — won’t automatically activate licence obligations.\n\nIt affects regional commercial broadcasters and their corporate owners by letting routine internal reorganisations proceed without imposing extra regulatory burdens."}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-regional-commercial-radio-trigger-event-exemptions-regulations-2023","history":"/api/acts/broadcasting-services-regional-commercial-radio-trigger-event-exemptions-regulations-2023/history","analysis":"/api/acts/broadcasting-services-regional-commercial-radio-trigger-event-exemptions-regulations-2023/analysis","conflicts":"/api/acts/broadcasting-services-regional-commercial-radio-trigger-event-exemptions-regulations-2023/conflicts","importantCases":"/api/acts/broadcasting-services-regional-commercial-radio-trigger-event-exemptions-regulations-2023/important-cases","documents":"/api/acts/broadcasting-services-regional-commercial-radio-trigger-event-exemptions-regulations-2023/documents"}}