(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
(1) If:
(a) a trigger event for a regional aggregated commercial television broadcasting licence occurs on a particular day; and
(b) that event is the first or only trigger event for the licence;
the licensee must broadcast, to each local area, material of local significance in order to accumulate at least:
(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
(2) If:
(a) a trigger event for a regional aggregated commercial television broadcasting licence occurs on a particular day; and
(b) that event is the first or only trigger event for the licence;
the licensee must broadcast, to each local area, material of local significance in order to accumulate at least:
(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
(1) If:
(a) a trigger event for a regional non‑aggregated commercial television broadcasting licence occurs on a particular day; and
(b) that event is the first or only trigger event for the licence;
the licensee must broadcast, to each local area, material of local significance in order to accumulate at least:
(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
Scope
(1) This section applies if:
(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
Scope
(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
Scope
(1) This section applies if:
(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).
(2) The ACMA must comply with a direction under subsection (1).
Division 6—Notification provisions
63 Requirement to notify changes in control
Notification by licensee—general
(1) If a commercial television broadcasting licensee or a commercial radio broadcasting licensee becomes aware that:
(a) a person who was not in a position to exercise control of the licence has become in a position to exercise control of the licence; or
(b) a person who was in a position to control the licence has ceased to be in that position;
the licensee must, within 10 business days after becoming so aware, notify the ACMA in writing of that event.
(2) The details are to be provided in a form approved in writing by the ACMA.
Notification by publisher of newspaper
(3) If the publisher of a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence becomes aware that:
(a) a person who was not in a position to exercise control of the newspaper has become in a position to exercise control of the newspaper; or
(b) a person who was in a position to control the newspaper has ceased to be in that position;
the publisher of the newspaper must, within 10 business days after becoming so aware, notify the ACMA in writing of that event.
(4) The details are to be provided in a form approved in writing by the ACMA.
Offence
(5) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1) or (3); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty for contravention of this subsection:
(a) if the breach relates to a commercial television broadcasting licence or a newspaper—500 penalty units; or
(b) otherwise—50 penalty units.
65A Strict liability offence
An offence against section 63 is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
65B Designated infringement notice provision
Section 63 is a designated infringement notice provision.
Division 7—Approval of temporary breaches
66 Offence for breaches without approval
(1) If:
(a) a transaction takes place that places a person in breach of a provision of Division 2 or 3; and
(b) the person knew, or ought reasonably to have known, that a result of the transaction would be to place the person in breach of a provision of Division 2 or 3; and
(c) the person was a party to the transaction or was in a position to prevent the transaction taking place; and
(d) the ACMA has not approved the breach under section 67;