(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:
(a) either:
(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
(b) such other matters (if any) as the ACMA considers relevant.
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:
(a) 1; or
(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:
Start formula start fraction Number of eligible local news bulletins broadcast under the licence on business days during the benchmark year over Number of business days in the benchmark year end fraction end 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:
(a) 1; or
(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:
(a) 1; or
(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
Scope
(1) This section applies if:
(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
(b) both:
(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
Scope
(1) This section applies if:
(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
(b) both:
(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).
(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.
Compliance
(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.
(2) The ACMA must comply with a direction under subsection (1).
(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
In this Division:
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