Div 5AMedia diversity

Division 5A—Media diversity 61AA  Definitions commencement day means the day on which Schedule 2 to the Broadcasting Services Amendment (Media Ownership) Act 2006 commences. controller of a media group means a person who is in a position to exercise control of each media operation in the media group. daytime/evening hours means the hours: interest in a share means a legal or equitable interest in the share. media group means a group of 2 or more media operations. media operation means:  (b) a commercial radio broadcasting licence; or  (c) a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence. metropolitan licence area means:  (a) a licence area in which is situated the General Post Office of the capital city of:  (i) New South Wales; or  (ii) Victoria; or  (iii) Queensland; or  (iv) Western Australia; or  (v) South Australia; or  (b) the licence area known as Western Suburbs Sydney RA1. name of a commercial television broadcasting licence or a commercial radio broadcasting licence means the service licence number of the licence. points, in relation to the licence area of a commercial radio broadcasting licence, has the meaning given by section 61AC. regional licence area means a licence area that is not a metropolitan licence area. Register means the Register of Controlled Media Groups maintained under section 61AU. registered controller of a registered media group means a person whose name is entered in the Register as a controller of the media group. registered media group means a media group that is entered in the Register. registrable media group, in relation to the licence area of a commercial radio broadcasting licence, means a media group covered by item 1 of the table in subsection 61AC(1) in its application to that licence area. For this purpose, disregard subsection 61AC(2). scheme means:  (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and  (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise. shared content test has the meaning given by section 61AE. statutory control rules has the meaning given by section 61AD. unacceptable media diversity situation has the meaning given by section 61AB. 61AB  Unacceptable media diversity situation Metropolitan licence area  (1) For the purposes of this Division, an unacceptable media diversity situation exists in relation to a metropolitan licence area of a commercial radio broadcasting licence if the number of points in the licence area is less than 5. Regional licence area  (2) For the purposes of this Division, an unacceptable media diversity situation exists in relation to a regional licence area of a commercial radio broadcasting licence if the number of points in the licence area is less than 4. 61AC  Points  (1) Use the table to work out the number of points in the licence area of a commercial radio broadcasting licence (the first radio licence area):   - Points - Item This ... is worth ... - 1 a group of 2 or more media operations, where:(a) a person is in a position to exercise control of each of those media operations; and(b) each of those media operations complies with the statutory control rules; and(c) if a commercial television broadcasting licence is in the group—more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the commercial television broadcasting licence; and(d) if a commercial radio broadcasting licence is in the group—the first radio licence area is the same as, or is entirely within, the licence area of the commercial radio broadcasting licence; and(e) if a newspaper is in the group—the newspaper is associated with the first radio licence area 1 point. - 2 a commercial radio broadcasting licence, where:(a) the licence complies with the statutory control rules; and(b) the first radio licence area is the same as, or is entirely within, the licence area of the licence; and(c) item 1 does not apply to the licence 1 point. - 3 a newspaper, where:(a) the newspaper complies with the statutory control rules; and(b) the newspaper is associated with the first radio licence area; and(c) item 1 does not apply to the newspaper 1 point. - 4 a group of 2 or more commercial television broadcasting licences, where:(a) each of those licences complies with the statutory control rules; and(b) more than 50% of the licence area population of the first radio licence area is attributable to the licence area of each of those commercial television broadcasting licences; and(c) the primary commercial television broadcasting service to which those commercial television broadcasting licences relate pass the shared content test in relation to each other; and(d) item 1 does not apply to any of those commercial television broadcasting licences 1 point. - 5 a commercial television broadcasting licence, where:(a) the licence complies with the statutory control rules; and(b) more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the commercial television broadcasting licence; and(c) none of the commercial television broadcasting services provided under the licence passes the shared content test in relation to any of the commercial television broadcasting services provided under another commercial television broadcasting licence, where more than 50% of the licence area population of the first radio licence area is attributable to the licence area of the other commercial television broadcasting licence; and(d) item 1 does not apply to the first‑mentioned licence 1 point.  (2) If, apart from this subsection, all the media operations in a group of media operations mentioned in an item of the table are also in one or more other groups mentioned in an item of the table, then, for the purposes of subsection (1), ignore the existence of:  (a) if one of the groups has the highest number of media operations—the remaining group or groups; or  (b) if 2 or more of the groups have an equal highest number of media operations:  (i) all but one of the groups that have an equal highest number of media operations; and  (ii) the remaining group or groups; or  (c) if the groups have an equal number of media operations—all but one of those groups. 61AD  Statutory control rules   For the purposes of this Division, a media operation complies with the statutory control rules if, and only if:  (a) no person is in breach of a prohibition in Division 2 or 3 that relates directly or indirectly to the media operation; or  (b) a person is in breach of a prohibition in Division 2 or 3 that relates directly or indirectly to the media operation, but the ACMA has approved the breach under section 67. Note: Section 67 is about approval of temporary breaches. 61AE  Shared content test  (1) For the purposes of this Division, a commercial television broadcasting service passes the shared content test at a particular time in relation to another commercial television broadcasting service if:  (a) the program content of at least 50% of the total number of hours of programs broadcast by the first‑mentioned service during daytime/evening hours during the 6‑month period ending at that time; were the same as:  (b) the program content of at least 50% of the total number of hours of programs broadcast by the other service during daytime/evening hours during the 6‑month period ending at that time.  (2) For the purposes of subsection (1), ignore the following:  (a) advertising or sponsorship material (whether or not of a commercial kind);  (b) a promotion for a television program or a television broadcasting service;  (c) community information material or community promotional material;  (d) a news break or weather bulletin;  (e) any other similar material. 61AF  Overlapping licence areas   Section 51 does not apply to this Division. Note: Section 51 is about overlapping licence areas. Subdivision B—Prohibition of transactions that result in an unacceptable media diversity situation coming into existence etc. 61AG  Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—offence   A person commits an offence if:  (a) one or more transactions take place on or after the commencement day; and  (b) the transactions have the result that:  (i) an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or  (ii) if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and  (c) the person was:  (i) a party to the transactions; or  (ii) in a position to prevent the transactions taking place; and  (d) the ACMA has not approved the transactions under section 61AJ. 61AH  Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—civil penalty  (a) one or more transactions take place on or after the commencement day; and  (b) the transactions have the result that:  (i) an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or  (ii) if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and  (c) the ACMA has not approved the transactions under section 61AJ.  (2) A person must not be:  (a) a party to the transactions; or  (b) in a position to prevent the transactions taking place.  (3) Subsection (2) is a civil penalty provision. 61AJ  Prior approval of transactions that result in an unacceptable media diversity situation coming into existence etc.  (1) A person may, before a transaction takes place that would place a person in breach of section 61AG or 61AH, make an application to the ACMA for an approval of the transaction.  (2) An application is to be made in accordance with a form approved in writing by the ACMA.  (3) If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.  (4) If, after receiving an application, the ACMA is satisfied that:  (a) if the transaction took place, it would place a person in breach of section 61AG or 61AH; and  (i) the applicant; or  (ii) another person;   will take action, within a period of not longer than 2 years, to ensure that:  (iii) an unacceptable media diversity situation does not exist in relation to the licence area concerned; or  (iv) if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned; the ACMA may, by written notice given to the applicant:  (c) approve the transaction; and  (d) if subparagraph (b)(i) applies—specify a period within which action must be taken by the applicant to ensure that:  (i) an unacceptable media diversity situation does not exist in relation to the licence area concerned; or  (ii) if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned; and  (e) if subparagraph (b)(ii) applies—inform the applicant accordingly.  (5) The period specified in the notice must be at least one month, but not longer than 2 years.  (6) The ACMA may specify in a notice given to an applicant the action that the ACMA considers the applicant must take to ensure that:  (a) an unacceptable media diversity situation does not exist in relation to the licence area concerned; or  (b) if an unacceptable media diversity situation already exists in relation to the licence area concerned—there is not a reduction in the number of points in the licence area concerned.  (7) In deciding whether to approve a transaction, the ACMA may have regard to:  (a) any relevant undertakings that:  (i) have been accepted by the ACMA under section 61AS; and  (ii) have not been withdrawn or cancelled; and  (8) If the ACMA refuses to approve a transaction, the ACMA must give written notice of the refusal to the applicant.  (9) The ACMA must deal with applications under subsection (1) in order of receipt.  (10) If the ACMA receives an application under subsection (1), the ACMA must use its best endeavours to make a decision on the application within 45 days after receipt of the application. 61AK  Extension of time for compliance with prior approval notice  (1) A person who has been given a notice under section 61AJ may, within 3 months before the end of the period specified in the notice but not less than one month before the end of that period, apply in writing to the ACMA for an extension of that period.  (2) The ACMA may grant an extension if it is of the opinion that an extension is appropriate in all the circumstances.  (3) If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.  (4) The ACMA must not grant more than one extension, and the period of any extension must not exceed: whichever is the lesser period.  (5) In deciding whether to grant an extension to an applicant, the ACMA is to have regard to:  (b) the difficulties that the applicant experienced in attempting to comply with the notice; extend the period or refuse to extend the period originally specified in the notice, the ACMA is to be taken to have extended that period by: whichever is the lesser period.  (7) If the ACMA refuses to approve an application made under subsection (1), the ACMA must give written notice of the refusal to the applicant. 61AL  Breach of prior approval notice—offence  (a) the person has been given a notice under section 61AJ; and  (2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues. 61AM  Breach of prior approval notice—civil penalty  (1) A person must comply with a notice under section 61AJ.  (3) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues. Subdivision C—Remedial directions 61AN  Remedial directions—unacceptable media diversity situation  (1) If, on or after the commencement day, the ACMA is satisfied that an unacceptable media diversity situation exists in relation to the licence area of a commercial radio broadcasting licence, the ACMA may give a person such written directions as the ACMA considers appropriate for the purpose of ensuring that that situation ceases to exist.  (2) The ACMA’s directions may include:  (a) a direction requiring the disposal of shares or interests in shares; or  (b) a direction restraining the exercise of any rights attached to:  (i) shares; or  (ii) interests in shares; or  (c) a direction prohibiting or deferring the payment of any sums due to a person in respect of shares, or interests in shares, held by the person; or  (d) a direction that any exercise of rights attached to:  (i) shares; or  (ii) interests in shares;   be disregarded.  (3) Subsection (2) does not limit subsection (1).  (4) The ACMA must not give a direction under subsection (1) if the direction would have the effect of requiring a registered controller of a registered media group to cease to be in a position to exercise control of any of the media operations in the group.  (4A) Subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of a registered media group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of a media operation in the group if:  (a) the registered controller failed to comply with a notice under section 61AJ; and  (b) the notice related, to any extent, to the media operation.  (4B) Subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of a registered media group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of a media operation in the group if:  (a) an approval under section 61AJ was given on the basis that the ACMA was satisfied that a person other than the registered controller would, within a particular period, take action that, to any extent, relates to the media operation; and  (b) the person failed to take the action within that period.  (4C) If:  (a) the ACMA made any of the following decisions (the original decision) in connection with a registrable media group in relation to the licence area of a commercial radio broadcasting licence:  (i) a decision to enter the media group in the Register under subsection 61AY(1) or 61AZ(1);  (ii) a decision under subsection 61AZE(1) confirming the entry of the media group in the Register;  (iii) a decision under section 61AZF affirming a decision under subsection 61AZE(1) to confirm the entry of the media group in the Register;  (iv) a decision under section 61AZF revoking a decision under subsection 61AZE(1) to cancel the entry of the media group in the Register; and  (b) any of the following subparagraphs applies:  (i) in the case of a decision under subsection 61AZE(1)—a person applied to the ACMA for a reconsideration of the original decision;  (ii) in the case of a decision under section 61AZF—a person applied to the Administrative Review Tribunal for a review of the original decision;  (iii) in any case—a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to the original decision; and  (c) the original decision was set aside or revoked; and  (d) after the original decision was set aside or revoked, the ACMA entered another registrable media group in relation to that licence area in the Register; and  (e) after that other group was entered in the Register, the Administrative Review Tribunal or a court made a decision the effect of which was to restore or affirm the original decision; subsection (4) does not prevent the ACMA from giving a direction under subsection (1) to a registered controller of that other group that would have the effect of requiring the registered controller to cease to be in a position to exercise control of any media operation in that other group.  (5) A direction under subsection (1) must specify a period within which the person must comply with the direction.  (6) The period must not be longer than 2 years.  (6A) If:  (a) the ACMA gives a direction under subsection (1) in the circumstances referred to in subsection (4C); and  (b) subsection (8) does not apply; the period specified in the direction must be 2 years.  (7) If the ACMA is satisfied that the person:  (a) acted in good faith; and  (b) took reasonable precautions, and exercised due diligence, to avoid:  (i) the unacceptable media diversity situation coming into existence; or  (ii) if the unacceptable media diversity situation already existed—a reduction in the number of points in the licence area concerned; the period specified in the direction must be 2 years.  (8) If the ACMA is satisfied that the person acted flagrantly in breach of section 61AG or 61AH, the period specified in the direction must be one month.  (9) The Parliament recognises that, if a period of one month is specified in a direction, the person to whom the direction is given or another person may be required to dispose of shares or interests in shares in a way, or otherwise make arrangements, that could cause the person a considerable financial disadvantage. Such a result is seen as necessary in order to discourage flagrant breaches of sections 61AG and 61AH. 61AP  Extension of time for compliance with remedial direction  (1) A person who has been given a direction under section 61AN may, within 3 months before the end of the period specified in the direction but not less than one month before the end of that period, apply in writing to the ACMA for an extension of that period.  (2) An application for an extension cannot be made if the period specified in the direction was one month.  (3) In the case of a direction under section 61AN, the ACMA may grant an extension if it is of the opinion that:  (a) an unacceptable media diversity situation is likely to cease to exist in the licence area concerned within 3 months after the end of the period specified in the direction under section 61AN; and  (b) the applicant acted in good faith; and  (c) an extension is appropriate in all the circumstances.  (4) If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.  (5) The ACMA must not grant more than one extension, and the period of any extension must not exceed 3 months.  (6) In deciding whether to grant an extension to a person, the ACMA is to have regard to:  (a) the endeavours that the applicant made in attempting to comply with the direction; and  (b) the difficulties experienced by the applicant in attempting to comply with the direction; and  (c) the seriousness of the situation that led to the giving of the direction under section 61AN; but the ACMA must not have regard to any financial disadvantage that compliance with the direction may cause. extend the period or refuse to extend the period originally specified in the direction, the ACMA is to be taken to have extended that period by 3 months.  (8) If the ACMA refuses to approve an application made under subsection (1), the ACMA must give written notice of the refusal to the applicant. 61AQ  Breach of remedial direction—offence  (a) the person has been given a direction under section 61AN; and  (c) the person’s conduct contravenes a requirement in the direction.  (2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues. 61AR  Breach of remedial direction—civil penalty  (1) A person must comply with a direction under section 61AN.  (3) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues. Subdivision D—Enforceable undertakings 61AS  Acceptance of undertakings  (1) The ACMA may accept any of the following undertakings:  (a) a written undertaking given by a person that the person will take specified action to ensure that an unacceptable media diversity situation does not exist in relation to the licence area of a commercial radio broadcasting licence;  (b) if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—a written undertaking given by a person that the person will take specified action to ensure that there is not a reduction in the number of points in the licence area.  (2) The undertaking must be expressed to be an undertaking under this section.  (3) The person may withdraw or vary the undertaking at any time, but only with the consent of the ACMA.  (4) The ACMA may, by written notice given to the person, cancel the undertaking.  (5) The ACMA may publish the undertaking on its website. 61AT  Enforcement of undertakings  (a) a person has given an undertaking under section 61AS; and  (b) the undertaking has not been withdrawn or cancelled; and  (c) the ACMA considers that the person has breached the undertaking; the ACMA may apply to the Federal Court for an order under subsection (2).  (2) If the Federal Court is satisfied that the person has breached the undertaking, the court may make any or all of the following orders:  (a) an order directing the person to comply with the undertaking;  (b) an order directing the person to pay to the ACMA, on behalf of the Commonwealth, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;  (c) any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;  (d) any other order that the court considers appropriate. Subdivision E—Register of Controlled Media Groups 61AU  Register of Controlled Media Groups  (1) The ACMA is to maintain a register, to be known as the Register of Controlled Media Groups.  (4) The Register is not a legislative instrument.  (5) The ACMA must begin to comply with subsection (1) as soon as practicable after the start of 1 February 2007. 61AV  How a media group is to be entered in the Register  (1) For the purposes of this Subdivision, the ACMA is to enter a media group in the Register by entering in the Register, under a heading for the group:  (a) the names of the media operations in the group; and  (b) the name of the controller, or the names of each of the controllers, of the media operations in the group.  (2) A media group is to be identified in the Register by a unique number assigned by the ACMA. 61AW  Explanatory notes may be included in the Register  (1) The ACMA may include explanatory notes in the Register.  (2) Explanatory notes do not form part of a media group’s entry in the Register. 61AX  Continuity of media group  (1) For the purposes of this Subdivision, a change in the controller, or any of the controllers, of a media group does not affect the continuity of the group.  (2) For the purposes of this Subdivision, a change in the composition of the media operations in a media group results in the group ceasing to exist.  (3) However, the rule in subsection (2) does not apply to a change in the composition of the media operations in a media group if:  (a) one or more media operations cease to be in the group; and  (b) at least 2 media operations remain in the group; and  (c) there is no increase in the number of media operations that remain in the group. 61AY  Initial registration of media groups  (1) If the ACMA is satisfied that a particular media group was a registrable media group in relation to the licence area of a commercial radio broadcasting licence at the start of 1 February 2007, the ACMA must enter the group in the Register.  (2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.  (3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant entry within 2 business days after receiving the notification or the last of the notifications.  (4) If the ACMA makes an entry under subsection (1), the ACMA is to include in the Register a note to the effect that the entry is unconfirmed.  (5) An entry under subsection (1) is taken to have been made at the start of 1 February 2007. 61AZ  Registration of newly‑formed media group  (a) the ACMA is satisfied that:  (i) a registrable media group has come into existence on or after 1 February 2007; and  (ii) the media group is not already entered in the Register; and  (b) the ACMA is satisfied that the coming into existence of the media group does not have the result that:  (i) an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or  (ii) if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; the ACMA must enter the group in the Register.  (2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.  (3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant entry within 2 business days after receiving the notification or the last of the notifications.  (4) If the ACMA makes an entry under subsection (1), the ACMA is to include in the Register a note to the effect that the entry is unconfirmed. Register frozen while ACMA reconsideration is pending or ART/court proceedings are pending  (a) the ACMA makes a decision under this Subdivision in connection with a registrable media group in relation to the licence area of a commercial radio broadcasting licence; and  (b) any of the following subparagraphs applies:  (i) in the case of a decision under subsection 61AZE(1)—a person applies to the ACMA for a reconsideration of the decision;  (ii) in the case of a decision under section 61AZF—a person applies to the Administrative Review Tribunal for a review of the decision;  (iii) in any case—a person applies to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to the decision;  (c) despite subsection (1), the ACMA must not enter any other registrable media group in relation to that licence area in the Register under that subsection during the period (the pending period) when that application has not been finalised unless the ACMA is satisfied that, assuming that the decision were not to be set aside or revoked, the coming into existence of the media group does not have the result that:  (i) an unacceptable media diversity situation comes into existence in relation to the licence area of a commercial radio broadcasting licence; or  (ii) if an unacceptable media diversity situation already exists in relation to the licence area of a commercial radio broadcasting licence—there is a reduction in the number of points in the licence area; and  (d) if the ACMA is satisfied that another registrable media group in relation to that licence area has come into existence during the pending period—subsection (3) has effect, in relation to the other registrable media group, as if the relevant notification, or the last of the relevant notifications, as the case may be, had been received on the first day after the end of the pending period.  (6) For the purposes of subsection (5), an application for reconsideration of a decision is taken not to have been finalised during the period of 28 days beginning on:  (a) if, because of the operation of subsection 61AZF(9), the decision is taken to be affirmed—the day on which the decision is taken to have been affirmed; or  (b) in any other case—the day on which the decision on the reconsideration is notified to the person concerned.  (7) For the purposes of subsection (5), if:  (a) a person applied to the Administrative Review Tribunal for a review of a decision; and  (b) the Administrative Review Tribunal makes a decision on the application; the application is taken not to have been finalised during the period within which a person may appeal to the Federal Court under section 172 of the Administrative Review Tribunal Act 2024 from the decision mentioned in paragraph (b).  (8) For the purposes of subsection (5), if:  (a) a person applied to the Administrative Review Tribunal for a review of a decision; and  (b) the Administrative Review Tribunal made a decision on the application; and  (c) a person appeals from the decision to the Federal Court; and  (d) the Court makes a decision on the appeal; the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (d) is made.  (9) For the purposes of subsection (5), if:  (a) a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to a decision; and  (b) the court makes a decision on the application; the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (b) is made.  (10) For the purposes of subsection (5), if:  (a) a person applied to a court for an order of review, a writ of mandamus or prohibition, or an injunction, in relation to a decision; and  (b) the court made a decision on the application; and  (c) the decision became the subject of an appeal; and  (d) the court or another court makes a decision on the appeal; and  (e) the decision mentioned in paragraph (d) could be the subject of an appeal; the application is taken not to have been finalised during the period of 28 days beginning on the day on which the decision mentioned in paragraph (d) is made.  (11) The regulations may provide that, in specified circumstances, an application is taken, for the purposes of subsection (5), not to have been finalised during a period ascertained in accordance with the regulations.  (12) The regulations may extend the period referred to in subsection (6), (7), (8), (9) or (10). 61AZA  De‑registration of media group that has ceased to exist  (1) If the ACMA is satisfied that a registered media group has ceased to exist on or after 1 February 2007, the ACMA must remove the group’s entry from the Register.  (2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.  (3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must remove the relevant entry within 2 business days after receiving the notification or the last of the notifications.  (4) If, under subsection (1), the ACMA removes a group’s entry from the Register, the ACMA must include in the Register a note to the effect that the removal is unconfirmed. 61AZB  Registration of change of controller of registered media group  (a) a person who is not a registered controller of a registered media group has become a controller of the group on or after 1 February 2007; or  (b) a registered controller of a registered media group has ceased to be a controller of the group on or after 1 February 2007;  (c) if paragraph (a) applies—alter the group’s entry in the Register by adding the name of the controller concerned; or  (d) if paragraph (b) applies—alter the group’s entry in the Register by omitting the name of the controller concerned.  (2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.  (3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant alteration within 2 business days after receiving the notification or the last of the notifications.  (4) If the ACMA makes an alteration under subsection (1), the ACMA must include in the Register a note to the effect that the alteration is unconfirmed. 61AZC  Registration of change of composition of media group  (a) one or more of the media operations in a registered media group have ceased to be in that group on or after 1 February 2007; and  (b) the group continues in existence; the ACMA must alter the group’s entry in the Register by omitting the name or names of the media operations referred to in paragraph (a).  (2) For the purposes of subsection (1), the ACMA may rely on one or more notifications given, or purportedly given, under Division 6 on or after 1 February 2007.  (3) If the ACMA relies on a notification or notifications given, or purportedly given, under Division 6, the ACMA must make the relevant alteration within 2 business days after receiving the notification or the last of the notifications.  (4) If the ACMA makes an alteration under subsection (1), the ACMA is to include in the Register a note to the effect that the alteration is unconfirmed. 61AZCA  ACMA must deal with notifications in order of receipt  (1) For the purposes of sections 61AY, 61AZ, 61AZA, 61AZB and 61AZC, the ACMA must deal with notifications given, or purportedly given, under Division 6 in order of receipt.  (2) Subsection (1) has effect subject to subsection 61AZ(5). 61AZD  Conditional transactions Entry of media group  (b) the proposed transaction is subject to the condition that the ACMA enters a proposed media group in the Register; and  (ii) if the media group were to be entered in the Register on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the making of the relevant entry in the Register; Removal of entry of media group  (b) the proposed transaction is subject to the condition that the ACMA removes a media group’s entry from the Register; and  (ii) if the media group’s entry were to be removed from the Register on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the removal of the relevant entry from the Register; Alteration of entry of media group  (b) the proposed transaction is subject to the condition that the ACMA alters a media group’s entry in the Register; and  (ii) if the media group’s entry in the Register were to be altered on the basis of the assumption mentioned in paragraph (c)—the proposed transaction will be completed within 5 business days after the making of the relevant alteration in the Register; Requests  (4) A request under subsection (1), (2) or (3) must be:  (a) in a form approved in writing by the ACMA; and  (b) accompanied by such information as the ACMA requires.  (5) An approved form of a request may provide for verification by statutory declaration of information accompanying requests. 61AZE  Review and confirmation of entries and alterations etc. Review  (1) If the ACMA:  (a) enters a media group in the Register under subsection 61AY(1) or 61AZ(1); or  (b) removes a media group’s entry from the Register under subsection 61AZA(1); or  (c) makes an alteration to a media group’s entry in the Register under subsection 61AZB(1) or 61AZC(1); the ACMA must review the entry, removal or alteration, and make a decision:  (d) confirming the relevant entry, removal or alteration; or  (e) cancelling the relevant entry, removal or alteration. Confirmation  (2) If the ACMA confirms the relevant entry, removal or alteration, the ACMA must remove from the Register the note stating that the entry, removal or alteration is unconfirmed. Cancellation  (3) If the ACMA cancels an entry, the ACMA must:  (a) remove the entry from the Register; and  (b) remove from the Register the note stating that the entry is unconfirmed.  (4) If the ACMA cancels the removal of an entry, the ACMA must:  (a) restore the entry to the Register; and  (b) remove from the Register the note stating that the removal is unconfirmed.  (5) If the ACMA cancels an alteration, the ACMA must:  (a) reverse the alteration; and  (b) remove from the Register the note stating that the alteration is unconfirmed. ACMA not required to rely on notifications  (6) To avoid doubt, in exercising its powers under subsection (1), the ACMA is not required to rely on a notification given, or purportedly given, under Division 6. Conditional transactions  (a) under subsection (1), the ACMA reviews an entry or alteration; and  (b) the entry or alteration was made on the assumption that a proposed transaction had been completed (see section 61AZD); and  (c) the ACMA is not satisfied that the proposed transaction was completed within 5 business days after the making of the entry or alteration; the ACMA must make a decision under subsection (1) cancelling the entry or alteration.  (a) under subsection (1), the ACMA reviews a removal of an entry; and  (b) the removal was done on the assumption that a proposed transaction had been completed (see section 61AZD); and  (c) the ACMA is not satisfied that the proposed transaction was completed within 5 business days after the removal; the ACMA must make a decision under subsection (1) to cancel the removal. ACMA may request additional information  (a) under subsection (1), the ACMA reviews an entry, removal or alteration; and  (b) the ACMA considers that additional information is required before the ACMA can make a decision under subsection (1); the ACMA may, within 14 days after the relevant entry, removal or alteration, by written notice given to a person, request the person to provide that information. Deadline  (10) If the ACMA does not, within 28 days after:  (a) doing whichever of the following is applicable:  (i) entering a media group in the Register under subsection 61AY(1) or 61AZ(1);  (ii) removing a media group’s entry from the Register under subsection 61AZA(1);  (iii) making an alteration to a media group’s entry in the Register under subsection 61AZB(1) or 61AZC(1); or make a decision under subsection (1):  (c) confirming the relevant entry, removal or alteration; or  (d) cancelling the relevant entry, removal or alteration; the ACMA is taken to have made a decision under subsection (1) at the end of that 28‑day period confirming the relevant entry, removal or alteration. 61AZF  Reconsideration of decisions Applications for reconsideration of decisions  (1) A person:  (a) whose interests are affected by a decision under subsection 61AZE(1); and  (b) who is dissatisfied with the decision; may apply to the ACMA for the ACMA to reconsider the decision.  (2) The application must:  (a) be in a form approved in writing by the ACMA; and  (b) set out the reasons for the application.  (3) The application must be made within 7 days after the taking of the action required by subsection 61AZE(2), (3), (4) or (5) to give effect to the decision.  (4) An approved form of an application may provide for verification by statutory declaration of statements in applications. Reconsideration of decisions—application  (5) Upon receiving an application under subsection (1), the ACMA must:  (a) reconsider the decision; and  (b) affirm or revoke the decision.  (6) The ACMA’s decision on reconsideration of a decision has effect as if it had been made under subsection 61AZE(1).  (7) The ACMA must give to the applicant a notice stating its decision on the reconsideration. ACMA may request additional information  (a) an application is made under subsection (1); and  (b) the ACMA considers that additional information is required before the ACMA can make a decision under subsection (5); the ACMA may, within 14 days after receiving the application, by written notice given to:  (c) the applicant; or  (d) any other person; request the applicant or other person to provide that information.  (9) If the ACMA does not, within 28 days after:  (a) receiving an application under subsection (1); or make a decision under subsection (5), the ACMA is taken to have made a decision under subsection (5) at the end of that 28‑day period affirming the original decision. Reconsideration of decisions—ACMA’s own initiative  (10) The ACMA may, at any time:  (a) reconsider a decision made under subsection 61AZE(1); and  (b) affirm or revoke the decision.  (11) The ACMA’s decision on reconsideration of a decision has effect as if it had been made under subsection 61AZE(1). 61AZG  Corrections of clerical errors or obvious defects   The ACMA may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register. 61AZH  Regulations   The regulations may make further provision about the operation of the Register. Division 5B—Disclosure of cross‑media relationships 61BA  Definitions media operation means:  (b) a commercial radio broadcasting licence; or  (c) a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence. prime‑time hours means the hours:  (b) ending at 10 am on the same day or, if another time is prescribed, ending at that prescribed time on the same day. set of media operations means:  (a) a commercial television broadcasting licence and a commercial radio broadcasting licence that have the same licence area; or  (b) a commercial television broadcasting licence and a newspaper that is associated with the licence area of the licence; or  (c) a commercial radio broadcasting licence and a newspaper that is associated with the licence area of the licence. 61BB  Disclosure of cross‑media relationship by commercial television broadcasting licensee  (b) a commercial television broadcasting licence is in the set; and  (c) the licensee broadcasts matter that is wholly or partly about:  (i) the business affairs of a commercial radio broadcasting licensee whose licence is in the set; or  (ii) the business affairs of the publisher of a newspaper that is in the set.  (2) If subparagraph (1)(c)(i) applies, the commercial television broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial television broadcasting licensee and the commercial radio broadcasting licensee.  (3) It is sufficient if the statement under subsection (2) is to the effect that there is a cross‑media relationship between the commercial television broadcasting licensee and the commercial radio broadcasting licensee.  (4) If subparagraph (1)(c)(ii) applies, the commercial television broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial television broadcasting licensee and the publisher of the newspaper.  (5) It is sufficient if the statement under subsection (4) is to the effect that there is a cross‑media relationship between the commercial television broadcasting licensee and the publisher of the newspaper.  (6) A statement under subsection (2) or (4) must be broadcast in a way that will adequately bring it to the attention of a reasonable person who may have viewed the broadcast mentioned in paragraph (1)(c).  (7) The regulations may provide that subsection (6) is taken to have been complied with if the statement is broadcast in the manner, and at the time, specified in, or ascertained in accordance with, the regulations. 61BC  Choice of disclosure method—commercial radio broadcasting licensee Notice of choice may be given to the ACMA  (1) A commercial radio broadcasting licensee may give the ACMA a written notice making a choice that section 61BE apply to the licensee with effect from a Sunday specified in the notice. Note: If a notice is not given, section 61BD applies to the licensee. When notice must be given  (2) A notice under subsection (1) must be given at least 5 business days before the Sunday specified in the notice. Duration of notice  (3) A notice under subsection (1):  (a) comes into force at the beginning of the Sunday specified in the notice; and  (b) unless sooner revoked, remains in force indefinitely. Revocation of notice  (4) If a notice under subsection (1) is in force in relation to a commercial radio broadcasting licensee, the licensee may, by written notice given to the ACMA, revoke the subsection (1) notice with effect from the end of a Saturday specified in the revocation notice.  (5) A notice under subsection (4) must be given at least 5 business days before the Saturday specified in the notice. Notices to be available on the internet  (6) If a notice is in force under subsection (1), the ACMA must make a copy of the notice available on the internet. 61BD  Disclosure of cross‑media relationship by commercial radio broadcasting licensee—business affairs disclosure method  (b) a commercial radio broadcasting licence is in the set; and  (c) the licensee broadcasts matter that is wholly or partly about:  (i) the business affairs of a commercial television broadcasting licensee whose licence is in the set; or  (ii) the business affairs of the publisher of a newspaper that is in the set; and  (d) a notice under subsection 61BC(1) is not in force in relation to the commercial radio broadcasting licensee.  (2) If subparagraph (1)(c)(i) applies, the commercial radio broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.  (3) It is sufficient if the statement under subsection (2) is to the effect that there is a cross‑media relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.  (4) If subparagraph (1)(c)(ii) applies, the commercial radio broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.  (5) It is sufficient if the statement under subsection (4) is to the effect that there is a cross‑media relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.  (6) A statement under subsection (2) or (4) must be broadcast in a way that will adequately bring it to the attention of a reasonable person who may have listened to the broadcast mentioned in paragraph (1)(c).  (7) The regulations may provide that subsection (6) is taken to have been complied with if the statement is broadcast in the manner, and at the time, specified in, or ascertained in accordance with, the regulations. 61BE  Disclosure of cross‑media relationship by commercial radio broadcasting licensee—regular disclosure method  (b) a commercial radio broadcasting licence is in the set; and  (c) a notice under subsection 61BC(1) is in force in relation to the commercial radio broadcasting licensee.  (2) If a commercial television broadcasting licence is in the set, the commercial radio broadcasting licensee must regularly broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.  (3) It is sufficient if the statement under subsection (2) is to the effect that there is a cross‑media relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.  (4) If a newspaper is in the set, the commercial radio broadcasting licensee must regularly broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.  (5) It is sufficient if the statement under subsection (4) is to the effect that there is a cross‑media relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.  (6) Statements under subsection (2) or (4) are to be broadcast in a way, and with a frequency, that is reasonably likely to ensure that the audience of the commercial radio broadcasting service during prime‑time hours is aware that:  (a) in the case of statements under subsection (2)—there is a relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee; or  (b) in the case of statements under subsection (4)—there is a relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.  (7) A commercial radio broadcasting licensee is taken to have complied with subsection (6) if:  (a) the statement is broadcast at least once each day during prime‑time hours; and  (b) the statement is broadcast in a way that will adequately bring it to the attention of a reasonable person who may have listened to the broadcast of the statement.  (8) The regulations may provide that a commercial radio broadcasting licensee is taken to have complied with subsection (6) if the statement is broadcast in the manner, and at the times, ascertained in accordance with the regulations. 61BF  Disclosure of cross‑media relationship by publisher of newspaper  (b) a newspaper is in the set; and  (c) material published in a particular edition of the newspaper is wholly or partly about:  (i) the business affairs of a commercial television broadcasting licensee whose licence is in the set; or  (ii) the business affairs of a commercial radio broadcasting licensee whose licence is in the set.  (2) If subparagraph (1)(c)(i) applies, the publisher of the newspaper must cause to be published in the same edition of the newspaper a statement describing (whether in summary form or otherwise) the relationship between the publisher and the commercial television broadcasting licensee.  (3) It is sufficient if the statement under subsection (2) is to the effect that there is a cross‑media relationship between the publisher and the commercial television broadcasting licensee.  (4) If subparagraph (1)(c)(ii) applies, the publisher of the newspaper must cause to be published in the same edition of the newspaper a statement describing (whether in summary form or otherwise) the relationship between the publisher and the commercial radio broadcasting licensee.  (5) It is sufficient if the statement under subsection (4) is to the effect that there is a cross‑media relationship between the publisher and the commercial radio broadcasting licensee. How statement is to be published  (6) A statement under subsection (2) or (4) must be published in a way that will adequately bring it to the attention of a reasonable person who may have read the material mentioned in paragraph (1)(c).  (7) The regulations may provide that subsection (6) is taken to have been complied with if the statement is published in the manner specified in, or ascertained in accordance with, the regulations.  (8) A person commits an offence if:  (a) the person is subject to a requirement under this section; and  (b) the person omits to do an act; and  (c) the omission breaches the requirement. Penalty for contravention of this subsection: 2,000 penalty units. 61BG  Exception—political communication   Sections 61BB, 61BD, 61BE and 61BF do not apply to the extent (if any) that they would infringe any constitutional doctrine of implied freedom of political communication. 61BH  Matter or material about the business affairs of a broadcasting licensee or newspaper publisher Matter or material about business affairs—what is included and excluded  (1) A reference in this Division to matter or material that is wholly or partly about the business affairs of a commercial television broadcasting licensee, a commercial radio broadcasting licensee or a newspaper publisher:  (a) includes a reference to matter or material, where, having regard to:  (i) the nature of the matter or material; and  (ii) the way in which the matter or material is presented;   it would be reasonable to conclude that the object, or one of the objects, of the broadcast of the matter or the publication of the material, as the case may be, was to:  (iii) promote; or  (iv) otherwise influence members of the public, or of a section of the public, to view, to listen to, or to read;   matter broadcast, or to be broadcast, by the licensee, or material published, or to be published, in the newspaper, as the case may be; and  (b) does not include a reference to:  (i) a journalistic acknowledgment of a program or article as being the source of particular information; or  (ii) advertising matter or advertising material, where a reasonable person would be able to distinguish the advertising matter or advertising material from other matter or material; or  (iii) a program guide (see subsection (2)); or  (iv) exempt matter or exempt material (see subsection (4)). Program guide  (2) For the purposes of this section, a program guide is matter or material that consists of no more than:  (a) a schedule of:  (i) the television programs provided by 2 or more television broadcasting services; or  (ii) the radio programs provided by 2 or more radio broadcasting services; or  (b) a combination of:  (i) a schedule covered by paragraph (a); and  (ii) items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief; where the matter or material does not single out one of those services for special promotion.  (3) For the purposes of subsection (2):  (a) a television broadcasting service is:  (i) a commercial broadcasting service that provides television programs; or  (ii) a national broadcasting service that provides television programs; and  (b) a radio broadcasting service is:  (i) a commercial broadcasting service that provides radio programs; or  (ii) a national broadcasting service that provides radio programs. Exempt matter or exempt material  (4) The Minister may, by legislative instrument, determine that:  (a) matter included in a specified class of matter is exempt matter for the purposes of this section; and  (b) material included in a specified class of material is exempt material for the purposes of this section.  (5) A determination under subsection (4) has effect accordingly. Advertising  (6) This section does not, by implication, affect the meaning of the expression advertising when used in any other provision of this Act. Division 5C—Local news and information requirements for regional commercial radio broadcasting licensees 61CA  Definitions benchmark year means:  (a) in relation to a regional commercial radio broadcasting licence where a single trigger event has occurred—the 52‑week period ending on the Saturday before the day on which the trigger event occurred; and  (b) in relation to a regional commercial radio broadcasting licence where 2 or more trigger events have occurred—the 52‑week period ending on the Saturday before the day on which the most recent trigger event occurred. community service announcement means community information, or community promotional material, for the broadcast of which the licensee does not receive any consideration in cash or in kind. controller has the same meaning as in Division 5A. designated local content program means a program about matters of local significance, other than:  (a) a news bulletin; or  (aa) a weather bulletin; or  (b) a community service announcement; or  (c) an emergency warning. eligible local news bulletins means local news bulletins that meet the following requirements:  (a) the bulletins are broadcast during prime‑time hours;  (b) the bulletins adequately reflect matters of local significance;  (c) none of the bulletins consists wholly of material that has previously been broadcast in the licence area concerned. eligible local weather bulletins means local weather bulletins broadcast during prime‑time hours. emergency service agency means:  (a) a police force or service; or  (b) a fire service; or  (c) a body that runs an emergency service specified in the regulations. local (except in sections 61CR and 61CS) has a meaning affected by section 61CC. prime‑time hours means the hours:  (b) ending at 10 am on the same day or, if another time is prescribed, ending at that prescribed time on the same day. Register has the same meaning as in Division 5A. registrable media group has the same meaning as in Division 5A. trigger event has the meaning given by section 61CB. weather bulletin means a weather bulletin that is transmitted:  (a) as a stand‑alone bulletin; or  (b) in conjunction with a news bulletin. week means a 7‑day period that begins on a Sunday. 61CAA  This Division does not apply in relation to certain licences   This Division does not apply in relation to:  (b) a regional racing service radio licence. Note: This Division does not apply to a regional commercial radio broadcasting licence allocated under subsection 40(1): see section 50A. 61CB  Trigger event Transfer of licence  (a) a regional commercial radio broadcasting licence is held by a person; and  (b) the person transfers the licence to another person; and  (c) the transfer occurred before the commencement of this paragraph; the transfer of the licence is a trigger event for the licence. Change in control of licence  (1A) For the purposes of this Division, if either of the following events (a control event) happens after the commencement of this subsection:  (a) a person starts to be in a position to exercise control of a regional commercial radio broadcasting licence;  (b) a person ceases to be in a position to exercise control of a regional commercial radio broadcasting licence; the control event is a trigger event for the licence.  (1B) Subsection (1A) does not apply to a control event if:  (a) the control event is attributable to a transfer of shares from one person (the first person) to another person (the second person); and  (b) there is no consideration for the transfer; and  (c) the second person is a near relative of the first person. Note: For near relative, see subsection 6(1).  (1C) Subsection (1A) does not apply to a control event if the control event is attributable to circumstances beyond the control of each person who was, immediately before the control event occurred, in a position to exercise control of the regional commercial radio broadcasting licence concerned.  (1D) The regulations may provide for exemptions from subsection (1A). Formation of new registrable media group  (2) For the purposes of this Division, if:  (a) a registrable media group comes into existence; and  (b) the media group is not already entered in the Register; and  (c) a regional commercial radio broadcasting licence is in the group; the coming into existence of the group is a trigger event for the licence.  (2A) Subsection (2) does not apply to a registrable media group that comes into existence after the commencement of this subsection only because the ACMA varies, under section 29, the designation of a licence area.  (2B) Subsection (2) does not apply to a registrable media group that comes into existence after the commencement of this subsection only because the ACMA makes or varies a determination, under section 30, of the licence area population of a licence area.  (2C) The regulations may provide for exemptions from subsection (2). Change of controller of registrable media group  (3) For the purposes of this Division, if:  (i) a person who is not a controller of a registrable media group becomes a controller of the group; or  (ii) a controller of a registrable media group ceases to be a controller of the group; and  (b) a regional commercial radio broadcasting licence is in the group; the change of controller is a trigger event for the licence.  (4) Subsection (3) does not apply to a change of controller of a registrable media group if the change of controller is attributable to circumstances beyond the control of each person who was, immediately before the change occurred, a controller of the registrable media group.  (5) The regulations may provide for exemptions from subsection (3). 61CC  What is local?  (1) The ACMA may, by legislative instrument, define what is meant by the expression local for the purposes of the application of:  (a) this Division (other than sections 61CR and 61CS); or  (b) a specified provision of this Division (other than sections 61CR and 61CS); to a specified licence area.  (2) In making an instrument under subsection (1), the ACMA must have regard to:  (a) the areas where separate programming is provided; and Note: Program includes advertising or sponsorship matter—see the definition of program in subsection 6(1). Subdivision B—Minimum service standards for local news and information 61CD  Licensee must meet minimum service standards for local news and information  (1) If a trigger event for a regional commercial radio broadcasting licence has occurred before the commencement of this section, then, after that commencement, the licensee must meet the standards mentioned in subsection (3).  (2) If a trigger event for a regional commercial radio broadcasting licence occurs after the commencement of this section, then, after the occurrence of the trigger event, the licensee must meet the standards mentioned in subsection (3).  (3) The standards are as follows:  (a) minimum business day service standards for local news;  (b) minimum weekly service standards for local news;  (c) minimum business day service standards for local weather;  (d) minimum weekly service standards for local community service announcements;  (e) minimum weekly service standards for emergency warnings;  (f) if a declaration is in force under subsection 61CE(10)—minimum business day service standards for designated local content programs. Local content exemption period  (4) A regional commercial radio broadcasting licensee is not required to meet any of the following standards:   (a) minimum business day service standards for local news;  (b) minimum business day service standards for local weather;  (c) if a declaration is in force under subsection 61CE(10)—minimum business day service standards for designated local content programs; on a business day included in a local content exemption period for the licensee.  (5) A regional commercial radio broadcasting licensee is not required to meet any of the following standards:  (a) minimum weekly service standards for local news;  (b) minimum weekly service standards for local community service announcements;  (c) minimum weekly service standards for emergency warnings; during a week included in a local content exemption period for the licensee. 61CE  Minimum service standards for local news and information Local news  (1) For the purposes of this Subdivision, a regional commercial radio broadcasting licensee meets the minimum business day service standards for local news on a particular business day if, on that day, the number of eligible local news bulletins broadcast by the licensee is at least:  (a) the local news target number; or  (b) if the average business‑day number of eligible local news bulletins broadcast under the licence during the benchmark year is a number greater than the local news target number—the greater number.  (2) For the purposes of subsection (1), the local news target number is:  (b) if the Minister, by legislative instrument, declares that a greater number is the local news target number—the greater number.  (3) For the purposes of subsection (1), the average business‑day number of eligible local news bulletins broadcast under the licence during the benchmark year is the number calculated using the formula:   (4) For the purposes of this Subdivision, a regional commercial radio broadcasting licensee meets the minimum weekly service standards for local news during a particular week if, during that week, the total duration of eligible local news bulletins broadcast by the licensee is at least 62.5 minutes. Local weather  (5) For the purposes of this Subdivision, a regional commercial radio broadcasting licensee meets the minimum business day service standards for local weather on a particular business day if, on that day, the number of eligible local weather bulletins broadcast by the licensee is at least the local weather target number.  (6) For the purposes of subsection (5), the local weather target number is:  (b) if the Minister, by legislative instrument, declares that a greater number is the local weather target number—the greater number. Local community service announcements  (7) For the purposes of this Subdivision, a regional commercial radio broadcasting licensee meets the minimum weekly service standards for local community service announcements during a particular week if, during that week, the number of local community service announcements broadcast by the licensee is at least the community service target number.  (8) For the purposes of subsection (7), the community service target number is:  (b) if the Minister, by legislative instrument, declares that a greater number is the local community service target number—the greater number. Emergency warnings  (9) For the purposes of this Subdivision, a regional commercial radio broadcasting licensee meets the minimum weekly service standards for emergency warnings during a particular week if:  (a) on one or more occasions during that week, one or more emergency service agencies asked the licensee to broadcast emergency warnings, and the licensee broadcast those warnings as and when asked to do so by those emergency service agencies; or  (b) there was no occasion during that week when an emergency service agency asked the licensee to broadcast an emergency warning. Designated local content programs  (10) For the purposes of this Subdivision, the Minister may, by legislative instrument, declare that a regional commercial radio broadcasting licence meets the minimum business day service standards for designated local content programs on a particular business day if, on that day, the licensee meets such requirements in relation to designated local content programs as are specified in the declaration. Subdivision C—Local content statements 61CF  Licensee must prepare and publish local content statements  (a) both:  (i) a trigger event for a regional commercial radio broadcasting licence has occurred before the commencement of this section; and  (ii) 90 days have passed since the commencement of this section; or  (i) a trigger event for a regional commercial radio broadcasting licence occurs after the commencement of this section; and  (ii) 90 days have passed since the occurrence of the trigger event. Requirements—local content statement  (2) For each business day, the licensee of the regional commercial radio broadcasting licence must prepare a statement that:  (a) identifies the eligible local news bulletin or bulletins to be broadcast by the licensee on that business day; and  (b) identifies the eligible local weather bulletin or bulletins to be broadcast by the licensee on that business day; and  (c) contains such other information (if any) as is specified under subsection (4).  (3) A statement prepared under subsection (2) is to be known as a local content statement.  (4) For the purposes of paragraph (2)(c), the ACMA may, by legislative instrument, specify information relating to either or both of the following:  (a) eligible local news bulletins;  (b) eligible local weather bulletins.  (5) If the licensee of the regional commercial radio broadcasting licence has prepared a local content statement for a business day, the licensee must:  (a) make the statement available to the public by:  (i) publishing the statement on the licensee’s website; or  (ii) providing copies of the statement to any person on request; and  (b) do so until the end of the 18‑month period that began on the business day.  (6) If the licensee of the regional commercial radio broadcasting licence chooses to comply with subsection (5) by providing copies of one or more local content statements to any person on request, the licensee must publish on the licensee’s website a notice that states that the licensee will provide copies of those statements to any person on request.  (7) If the licensee of the regional commercial radio broadcasting licence has prepared a local content statement, the licensee must retain the statement for at least 18 months Subdivision CA—Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings 61CG  Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings  (a) both:  (i) a trigger event for a regional commercial radio broadcasting licence has occurred before the commencement of this section; and  (ii) 90 days have passed since the commencement of this section; or  (i) a trigger event for a regional commercial radio broadcasting licence occurs after the commencement of this section; and  (ii) 90 days have passed since the occurrence of the trigger event. Requirements  (2) The licensee of the regional commercial radio broadcasting licence must take all reasonable steps to ensure that the ACMA is informed, in writing, how the licensee will comply with subsection 61CE(9) (minimum weekly service standards for emergency warnings). Subdivision CB—ACMA’s information‑gathering powers 61CH  ACMA’s information‑gathering powers  (1) This section applies to information that is relevant to the operation of Subdivision B. Requirement  (2) The ACMA may, by written notice given to a regional commercial radio broadcasting licensee, require the licensee to:  (a) give the ACMA any such information; and  (b) do so within the period, and in the manner, specified in the notice.  (3) A regional commercial radio broadcasting licensee must comply with a requirement under subsection (2) to the extent that the licensee is capable of doing so. Subdivision D—Other local content requirements 61CR  Minister may direct the ACMA to conduct an investigation about other local content requirements  (1) The Minister may give the ACMA a written direction requiring the ACMA to conduct an investigation under section 170 into:  (a) whether the ACMA should exercise its powers under section 43 to impose conditions requiring regional commercial radio broadcasting licensees to broadcast programs about matters of local significance; and  (b) if so, the content of those conditions.  (3) This section does not limit the powers conferred on the ACMA by section 43 or 170.  (4) This section does not limit the powers conferred on the Minister by section 61CS. 61CS  Minister may direct the ACMA to impose licence conditions relating to local content  (1) The Minister may give the ACMA a written direction requiring the ACMA to exercise its powers under section 43 to impose conditions requiring regional commercial radio broadcasting licensees to broadcast programs about matters of local significance.  (2) The Minister may give the ACMA a written direction requiring the ACMA to exercise its powers under section 43 to impose one or more specified conditions requiring regional commercial radio broadcasting licensees to broadcast programs about matters of local significance.  (3) The Minister may give the ACMA a written direction requiring the ACMA to exercise its powers under section 43 to impose conditions requiring a specified regional commercial radio broadcasting licensee to broadcast programs about matters of local significance.  (4) The Minister may give the ACMA a written direction requiring the ACMA to exercise its powers under section 43 to impose one or more specified conditions requiring a specified regional commercial radio broadcasting licensee to broadcast programs about matters of local significance.  (5) The ACMA must comply with a direction under subsection (1), (2), (3) or (4).  (6) This section does not limit the powers conferred on the ACMA by section 43. Division 5D—Local programming requirements for regional commercial television broadcasting licensees 61CU  Definitions combined designated Western Australian commercial television broadcasting licence area means the area that consists of the licence areas of the designated Western Australian commercial television broadcasting licences. combined designated Western Australian commercial television broadcasting local area means the area that consists of the local areas of the designated Western Australian commercial television broadcasting licences. designated Western Australian commercial television broadcasting licence means a commercial television broadcasting licence for any of the following licence areas:  (a) Geraldton TV1;  (b) Kalgoorlie TV1;  (c) South West and Great Southern TV1. eligible period has the meaning given by section 61CY. local area: the local programming determination may provide that a specified area is a local area in relation to a specified regional commercial television broadcasting licence. Note: See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences). local programming determination means the determination made under section 61CZ. material of local significance, in relation to a local area, has the meaning given by the local programming determination. The definition of material of local significance must be broad enough to cover news that relates directly to the local area concerned. Note: See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences). points: see section 61CY. regional aggregated commercial television broadcasting licence means a commercial television broadcasting licence for any of the following licence areas:  (a) Northern New South Wales TV1;  (b) Southern New South Wales TV1;  (c) Regional Victoria TV1;  (d) Eastern Victoria TV1;  (e) Western Victoria TV1;  (f) Regional Queensland TV1;  (g) Tasmania TV1. regional commercial television broadcasting licence means:  (a) a regional aggregated commercial television broadcasting licence; or  (b) a regional non‑aggregated commercial television broadcasting licence. regional non‑aggregated commercial television broadcasting licence means a commercial television broadcasting licence for any of the following licence areas:  (a) Broken Hill TV1;  (b) Darwin TV1;  (c) Geraldton TV1;  (d) Griffith and MIA TV1;  (e) Kalgoorlie TV1;  (f) Mildura/Sunraysia TV1;  (g) Mount Gambier/South East TV1;  (h) Mt Isa TV1;  (i) Remote and Regional WA TV1;  (j) Riverland TV1;  (k) South West and Great Southern TV1;  (l) Spencer Gulf TV1. timing period has the meaning given by section 61CY. trigger event has the meaning given by section 61CV. week means a period of 7 days starting on a Sunday. 61CV  Trigger event   For the purposes of this Division, if:  (a) a person starts to be in a position to exercise control of a commercial television broadcasting licence; and  (b) immediately after that event:  (i) the person is in a position to exercise control of 2 or more commercial television broadcasting licences; and  (ii) the combined licence area populations of those licences exceed 75% of the population of Australia; and  (iii) at least one of those licences is a regional commercial television broadcasting licence; that event is a trigger event for each of those licences that is a regional commercial television broadcasting licence. 61CW  Local programming requirements for regional aggregated commercial television broadcasting licensees Trigger event occurs—ongoing requirements  (a) a trigger event for a regional aggregated commercial television broadcasting licence occurs on a particular day; and  (c) 900 points in each timing period that begins after the end of the period of 6 months beginning on that day; and  (d) 120 points in each week that is included in a timing period covered by paragraph (c). Trigger event occurs—transitional requirements  (a) a trigger event for a regional aggregated commercial television broadcasting licence occurs on a particular day; and  (c) 720 points in each timing period that:  (i) begins before the end of the period of 6 months beginning on that day; and  (ii) does not end before that day; and  (iii) begins after the end of the period of 6 months beginning at the commencement of this subsection; and  (d) 90 points in each week that is included in a timing period covered by paragraph (c). Note: The Broadcasting Services (Additional Television Licence Condition) Notice 2014 imposes local programming requirements for a timing period that begins before the end of the period of 6 months beginning at the commencement of this subsection. No trigger event has occurred  (3) If no trigger event for a regional aggregated commercial television broadcasting licence has occurred, the licensee must broadcast, to each local area, material of local significance in order to accumulate at least:  (a) 720 points in each timing period that begins after the end of the period of 6 months beginning at the commencement of this subsection; and  (b) 90 points in each week that is included in a timing period covered by paragraph (a). Note: The Broadcasting Services (Additional Television Licence Condition) Notice 2014 imposes local programming requirements for a timing period that begins before the end of the period of 6 months beginning at the commencement of this subsection. 61CX  Local programming requirements for regional non‑aggregated commercial television broadcasting licensees Trigger event occurs  (a) a trigger event for a regional non‑aggregated commercial television broadcasting licence occurs on a particular day; and  (c) 600 points in each timing period that begins after the end of the period of 6 months beginning on that day; and  (d) 100 points in each week that is included in a timing period covered by paragraph (c). Note: See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences). Exemption—licences granted under section 38A or 38B  (2) Subsection (1) does not apply to a licence granted under section 38A or 38B. 61CY  Points system Eligible periods  (1) For the purposes of this Division, points are accumulated during the following eligible periods:  (a) from 6:30 am to midnight on Monday to Friday;  (b) from 8:00 am to midnight on Saturday and Sunday. Timing periods  (2) For the purposes of this Division, points are calculated during the following timing periods:  (a) the period of 6 weeks starting on the first Sunday in February in a year;  (b) each subsequent period of 6 weeks until the end of the 42nd week after the first Sunday in February;  (c) the period:  (i) starting at the end of the 42nd week after the first Sunday in February; and  (ii) ending immediately before the first Sunday in February in the following year. Note 1: A licensee is not able to accumulate points during the period specified in subsection (4). Note 2: See also subsection (9). Points for material of local significance  (3) Subject to subsections (4) to (8), material of local significance accumulates points in a local area according to the following table. - Points - Item Material Points for each minute of material - 1 News that:(a) is broadcast during an eligible period by a licensee covered by subsection 61CW(1) or 61CX(1); and(b) has not previously been broadcast to the local area during an eligible period; and(c) depicts people, places or things in the local area; and(d) meets such other requirements (if any) as are set out in the local programming determination. 3 - 2 News that:(a) is broadcast during an eligible period; and(b) has not previously been broadcast to the local area during an eligible period; and(c) relates directly to the local area; and(d) is not covered by item 1. 2 - 3 Other material that:(a) is broadcast during an eligible period; and(b) except in the case of a community service announcement—has not previously been broadcast to the local area during an eligible period; and(c) relates directly to the local area. 1 - 4 News that:(a) is broadcast during an eligible period; and(b) has not previously been broadcast to the local area during an eligible period; and(c) relates directly to the licensee’s licence area. 1 - 5 Other material that:(a) is broadcast during an eligible period; and(b) except in the case of a community service announcement—has not previously been broadcast to the local area during an eligible period; and(c) relates directly to the licensee’s licence area. 1 Note: See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences). Limits on material in the timing period starting at the end of the 42nd week  (4) For the timing period mentioned in paragraph (2)(c), points cannot be accumulated:  (a) for 4 weeks from and including the week of the timing period that includes 15 December; and  (b) for any week between the end of the tenth week of the timing period mentioned in paragraph (2)(c) and the beginning of the timing period mentioned in paragraph (2)(a). Note: See also subsection (10). Limits on material that relates directly to the licensee’s licence area  (5) Except for service licence numbers 104 and 106, not more than 50% of the points accumulated in a local area during a timing period is to be attributable to material that relates directly to the licensee’s licence area. Note: See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences).  (6) For service licence numbers 104 and 106, not more than 50% of the points accumulated in a local area during a timing period is to be attributable to material that relates directly to the combined licence areas of the licensees for service licence numbers 104 and 106. Limits on community service announcements  (7) Points may be accumulated in a local area for:  (a) the first broadcast of a community service announcement in the area; and  (b) not more than 4 repeats of the community service announcement in the area. Note: See also section 61CYA (modifications relating to designated Western Australian commercial television broadcasting licences).  (8) Despite subsection (7), not more than 10% of the points accumulated in a local area during a timing period is to be attributable to material of local significance in the form of community service announcements.  (9) The local programming determination may, with the written consent of the licensee of a regional non‑aggregated commercial television broadcasting licence, modify subsection (2) so far as that subsection applies in relation to the licence.  (10) The local programming determination may, with the written consent of the licensee of a regional non‑aggregated commercial television broadcasting licence, modify subsection (4) so far as that subsection applies in relation to the licence. 61CYA  Modifications relating to designated Western Australian commercial television broadcasting licences  (a) a trigger event for a designated Western Australian commercial television broadcasting licence (the relevant licence) occurs on a particular day; and  (b) that event is the first or only trigger event for the relevant licence; and  (c) immediately before that event, the designated Western Australian commercial television broadcasting licences were under common control; and  (d) a period (the relevant period) satisfies the following conditions:  (i) the period began at the time of that event;  (ii) at all times during the period, the designated Western Australian commercial television broadcasting licences are under common control. Note: Section 61CYB defines when licences are under common control. Material of local significance  (2) During the relevant period, in determining, for the purposes of this Division, whether material is material of local significance in relation to the local area of the relevant licence:  (a) material that relates directly to the combined designated Western Australian commercial television broadcasting local area is taken to be material that relates directly to the local area of the relevant licence; and  (b) material that relates directly to the combined designated Western Australian commercial television broadcasting licence area is taken to be material that relates directly to the licence area of the relevant licence. Points system  (3) During the relevant period, the table in subsection 61CY(3) has effect, in relation to the relevant licence, as if:  (a) a reference in the table to the local area were a reference to the combined designated Western Australian commercial television broadcasting local area; and  (b) a reference in the table to the licensee’s licence area were a reference to the combined designated Western Australian commercial television broadcasting licence area.  (4) During the relevant period, the provision of the local programming determination that was made for the purposes of paragraph (d) of item 1 of the table in subsection 61CY(3) has effect, in relation to the relevant licence, as if a reference in that provision to the local area were a reference to the combined designated Western Australian commercial television broadcasting local area.  (5) During the relevant period, subsection 61CY(5) has effect, in relation to the relevant licence, as if a reference in that subsection to the licensee’s licence area were a reference to the combined designated Western Australian commercial television broadcasting licence area.  (6) During the relevant period, paragraphs 61CY(7)(a) and (b) have effect, in relation to the relevant licence, as if a reference in those paragraphs to the area were a reference to the combined designated Western Australian commercial television broadcasting local area. 61CYB  When designated Western Australian commercial television broadcasting licences are under common control  (1) For the purposes of section 61CYA, if, at a particular time, a person controls each designated Western Australian commercial television broadcasting licence, the designated Western Australian commercial television broadcasting licences are under common control at that time.  (2) For the purposes of subsection (1), a person controls a designated Western Australian commercial television broadcasting licence if, and only if, the person:  (a) holds the licence; or  (b) is in a position to exercise control of the licence. 61CZ  Local programming determination  (1) The ACMA may, by legislative instrument, make a determination (the local programming determination) prescribing matters required or permitted by this Act to be prescribed by the local programming determination.  (2) The ACMA must take all reasonable steps to ensure that the local programming determination is in force under subsection (1) at all times after the end of the 6‑month period that began at the commencement of this section. 61CZA  Record‑keeping requirements  (1) This section applies if the licensee of a regional commercial television broadcasting licence is subject to a requirement under section 61CW or 61CX. Requirements  (2) The licensee must:  (a) make a record, in audiovisual form, of material of local significance that the licensee has broadcast in any of its local areas; and  (b) retain the record for:  (i) 30 days after the end of the timing period to which the record relates; or  (ii) if the ACMA directs the licensee to retain the record for a longer period—that longer period; and  (c) on request by the ACMA, provide the ACMA with access to the record.  (3) The licensee must comply with any directions by the ACMA about:  (a) what a record made under subsection (2) must cover; or  (b) how the record must be made or retained. 61CZB  Licensee must submit compliance reports  (a) a trigger event for a regional commercial television broadcasting licence occurs on a particular day; and  (b) that event is the first or only trigger event for the licence. Reports  (2) The licensee must give to the ACMA:  (a) a report covering the licensee’s compliance with the requirements of this Division during the 12‑month period (the initial reporting period) beginning immediately after the end of the 6‑month period that began on the day the trigger event happened; and  (b) a report covering the licensee’s compliance with the requirements of this Division during the 12‑month period beginning immediately after the end of the initial reporting period. Timing of reports  (3) The licensee must give a copy of a report under this section to the ACMA within 28 days of the end of the period covered by the report. Other requirements  (4) A report under this section must:  (a) be in a form approved in writing by the ACMA; and  (b) set out such information as the ACMA requires. 61CZC  Review of local programming requirements  (1) The ACMA must:  (a) conduct a review of the following matters:  (i) the operation of this Division;  (ii) the operation of the local programming determination;  (iii) the operation of paragraph 7(2)(ba) of Schedule 2; and  (b) do so within 30 months after the commencement of this section.  (2) The ACMA must prepare a report of the review under subsection (1).  (3) The ACMA must give the report to the Minister.  (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. 61CZD  Minister may direct the ACMA about the exercise of its powers  (1) The Minister may, by legislative instrument, give a direction to the ACMA about the exercise of the powers conferred on the ACMA by this Division (other than section 61CZC). Division 6—Notification provisions