(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
Scope
(1) This section applies if:
(a) a person is in a position to exercise control of each media operation in a set of media operations; and
(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.
Note: For business affairs, see section 61BH.
Requirement to disclose cross‑media relationship
(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.
How statement is to be broadcast
(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
Scope
(1) This section applies if:
(a) a person is in a position to exercise control of each media operation in a set of media operations; and
(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.
Note: For business affairs, see section 61BH.
Requirement to disclose cross‑media relationship
(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.
How statement is to be broadcast
(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
Scope
(1) This section applies if:
(a) a person is in a position to exercise control of each media operation in a set of media operations; and
(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.
Requirement to disclose cross‑media relationship
(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.
How statement is to be broadcast
(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
Scope
(1) This section applies if:
(a) a person is in a position to exercise control of each media operation in a set of media operations; and
(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.
Note: For business affairs, see section 61BH.
Requirement to disclose cross‑media relationship
(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.
Offence
(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
Subdivision A—Introduction
61CA Definitions
In this Division:
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:
(a) beginning at 6 am each day or, if another time is prescribed, beginning at that prescribed time each day; and
(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:
(a) a remote area service radio licence; or
(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
(1) For the purposes of this Division, if:
(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: