Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
4/10 complexity
This instrument requires most regional commercial radio licence-holders to broadcast a specified number of hours of “material of local significance” during daytime on business days, and to keep audio records and public local content statements of that material. Advertising or sponsored material may account for at most 25% of those hours. The ACMA can request records and specify longer retention periods. The condition does not apply to remote-area services, regional racing services or licences allocated under subsection 40(1) (see ss 5(2), 10, 11, 12).
This legislative instrument, the Broadcasting Services (Regional Commercial Radio - Material of Local Significance) Licence Condition 2024, imposes licence conditions on regional commercial radio broadcasting licence-holders (other than remote area service radio licences, regional racing service radio licences and licences allocated under subsection 40(1) of the Broadcasting Services Act 1992), beginning the day after it is registered on the Federal Register of Legislation (see s 2 and s 5(2)). The instrument is made under subsection 43(1) of the Act (s 3) and expressly repeals the 2014 licence condition (s 4). Its stated purpose is, pursuant to subsection 43C(1) of the Act, to impose conditions on regional commercial radio licences that create obligations on the licence-holder (s 5(1)).
Mechanically, the instrument does the following:
Defines “material of local significance” and several subsidiary terms (ss 6-9). Material of local significance includes material that is hosted in, produced in, or relates to the licence area, plus material broadcast to comply with Subdivision B of Division 5C of Part 5 of the Act (s 8(2)-(3)); an announcement that material will be broadcast later is explicitly excluded (s 8(4)).
Requires licensees to broadcast the “applicable number” of hours of material of local significance during daytime hours on each “relevant business day” (s 10(1)). The instrument does not itself set the “applicable number”; it points to section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017 for that figure (s 10 note).
Imposes a cap on the proportion of the applicable hours that may be comprised of advertising or sponsorship matter for which the licensee has been paid, limiting that matter to not more than 25% of the applicable number on a relevant business day (s 10(2)).
Current sections
Direct links to the current provisions in Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.
22
PART 1
PRELIMINARY
PART 1 PRELIMINARY
1 Name of Instrument
This instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.
2
Commencement
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3
Authority
3 Authority
This instrument is made under subsection 43(1) of the Act.
4
Repeal of the Broadcasting Services (Regional Commercial Radio— Material of Local Significance) Licence Condition 2014
4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014
The Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.
5
Purpose and Application
5 Purpose and Application
(1) For subsection 43(1) of the Act:
the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and
those conditions create obligations on the person who holds the licence.
(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:
a remote area service radio licence;
a regional racing service radio licence; or
a licence allocated under subsection 40(1) of the Act.
Broadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.
Dated: 19 September 2024
Creina Chapman
[signed]
Member
Autumn Field
[signed]
Member/General Manager
Australian Communications and Media Authority
PART 1 PRELIMINARY
1 Name of Instrument
This instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3 Authority
This instrument is made under subsection 43(1) of the Act.
4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014
The Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.
5 Purpose and Application
(1) For subsection 43(1) of the Act:
the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and
those conditions create obligations on the person who holds the licence.
(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:
a remote area service radio licence;
a regional racing service radio licence; or
a licence allocated under subsection 40(1) of the Act.
PART 2 TERMS USED IN THIS INSTRUMENT
6 Definitions
In this instrument:
Act means the Broadcasting Services Act 1992.
licensee means a person who holds a regional commercial radio broadcasting licence other than a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Act.
material of local significance has the meaning given by section 8.
relevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.
Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement [see Division 5C of Part 5], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence [see section 8AF], remote area service radio licence, trigger event [see Division 5C of Part 5].
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
8 Meaning of material of local significance
(1) Material that is broadcast by a licensee is material of local significance if:
it complies with subsection (2) or (3); and
subsection (4) does not apply.
General rule
(2) Material is material of local significance if it:
is hosted in; or
is produced in; or
relates to;
the licence area of the regional commercial radio broadcasting licence.
Local news and information
(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.
Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.
Announcements about material
(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.
9 Definitions relating to material of local significance
Meaning of produced in the licence area
(1) Material is produced in the licence area if:
one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and
two or more of the following activities occur in the licence area:
compilation;
developing and implementing programming concepts;
editing;
researching;
scripting;
technical operation;
any other activity relating to the creative and administrative aspects
of the production of the material.
Meaning of hosted in the licence area
(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.
Meaning of relates to the licence area
(3) Material relates to the licence area if it relates to any of the following matters:
an economic issue as it affects the licence area;
a government or political issue as it affects the licence area;
a social issue as it affects the licence area;
an education issue as it affects the licence area;
a health issue as it affects the licence area;
an employment issue as it affects the licence area;
an event in the licence area, including an event that has not yet occurred;
a person or organisation associated with the licence area;
the views of a person or organisation associated with the licence area;
weather conditions in the licence area;
a cultural interest, or an issue relating to culture, as it affects the licence area;
the natural or built environment in the licence area;
a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;
an emergency warning broadcast at the request of an emergency service agency.
(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.
PART 3 LICENCE CONDITIONS
10 Licensee must broadcast material of local significance
(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.
(2) For subsection (1), if:
material of local significance is advertising or sponsorship matter; and
the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;
the advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.
Note: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.
PART 4 RECORD KEEPING
11 Records
(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.
Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.
(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:
30 days from the date on which the material was broadcast;
if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or
a longer period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.
Transitional provision
(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.
12 Material of local significance—local content statements
(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.
(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.
(3) A local content statement made under subsection (2), must state:
which programs or parts of programs are material of local significance;
whether the material was produced in, hosted in, or relates to the licence area; and
the date or time period covered by the statement.
Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.
(4) The licensee must make its current local content statement available to the public by either:
publishing local content statements on its website; or
providing copies of local content statements to any person, on request.
(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.
(6) The licensee must keep a copy of a local content statement for the greater of:
18 months starting on the day after the broadcast; and
another period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
Transitional provision
(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.
6
Definitions
6 Definitions
In this instrument:
Act means the Broadcasting Services Act 1992.
licensee means a person who holds a regional commercial radio broadcasting licence other than a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Act.
material of local significance has the meaning given by section 8.
relevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.
Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement [see Division 5C of Part 5], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence [see section 8AF], remote area service radio licence, trigger event [see Division 5C of Part 5].
7
References to other instruments
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
8
Meaning of material of local significance
8 Meaning of material of local significance
(1) Material that is broadcast by a licensee is material of local significance if:
it complies with subsection (2) or (3); and
subsection (4) does not apply.
General rule
General rule
General rule
(2) Material is material of local significance if it:
is hosted in; or
is produced in; or
relates to;
the licence area of the regional commercial radio broadcasting licence.
Local news and information
Local news and information
Local news and information
(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.
Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.
Announcements about material
Announcements about material
Announcements about material
(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.
9
Definitions relating to material of local significance
Broadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.
Dated: 19 September 2024
Creina Chapman
[signed]
Member
Autumn Field
[signed]
Member/General Manager
Australian Communications and Media Authority
PART 1 PRELIMINARY
1 Name of Instrument
This instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3 Authority
This instrument is made under subsection 43(1) of the Act.
4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014
The Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.
5 Purpose and Application
(1) For subsection 43(1) of the Act:
the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and
those conditions create obligations on the person who holds the licence.
(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:
a remote area service radio licence;
a regional racing service radio licence; or
a licence allocated under subsection 40(1) of the Act.
PART 2 TERMS USED IN THIS INSTRUMENT
6 Definitions
In this instrument:
Act means the Broadcasting Services Act 1992.
licensee means a person who holds a regional commercial radio broadcasting licence other than a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Act.
material of local significance has the meaning given by section 8.
relevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.
Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement [see Division 5C of Part 5], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence [see section 8AF], remote area service radio licence, trigger event [see Division 5C of Part 5].
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
8 Meaning of material of local significance
(1) Material that is broadcast by a licensee is material of local significance if:
it complies with subsection (2) or (3); and
subsection (4) does not apply.
General rule
(2) Material is material of local significance if it:
is hosted in; or
is produced in; or
relates to;
the licence area of the regional commercial radio broadcasting licence.
Local news and information
(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.
Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.
Announcements about material
(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.
9 Definitions relating to material of local significance
Meaning of produced in the licence area
(1) Material is produced in the licence area if:
one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and
two or more of the following activities occur in the licence area:
compilation;
developing and implementing programming concepts;
editing;
researching;
scripting;
technical operation;
any other activity relating to the creative and administrative aspects
of the production of the material.
Meaning of hosted in the licence area
(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.
Meaning of relates to the licence area
(3) Material relates to the licence area if it relates to any of the following matters:
an economic issue as it affects the licence area;
a government or political issue as it affects the licence area;
a social issue as it affects the licence area;
an education issue as it affects the licence area;
a health issue as it affects the licence area;
an employment issue as it affects the licence area;
an event in the licence area, including an event that has not yet occurred;
a person or organisation associated with the licence area;
the views of a person or organisation associated with the licence area;
weather conditions in the licence area;
a cultural interest, or an issue relating to culture, as it affects the licence area;
the natural or built environment in the licence area;
a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;
an emergency warning broadcast at the request of an emergency service agency.
(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.
PART 3 LICENCE CONDITIONS
10 Licensee must broadcast material of local significance
(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.
(2) For subsection (1), if:
material of local significance is advertising or sponsorship matter; and
the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;
the advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.
Note: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.
PART 4 RECORD KEEPING
11 Records
(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.
Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.
(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:
30 days from the date on which the material was broadcast;
if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or
a longer period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.
Transitional provision
(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.
12 Material of local significance—local content statements
(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.
(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.
(3) A local content statement made under subsection (2), must state:
which programs or parts of programs are material of local significance;
whether the material was produced in, hosted in, or relates to the licence area; and
the date or time period covered by the statement.
Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.
(4) The licensee must make its current local content statement available to the public by either:
publishing local content statements on its website; or
providing copies of local content statements to any person, on request.
(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.
(6) The licensee must keep a copy of a local content statement for the greater of:
18 months starting on the day after the broadcast; and
another period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
Transitional provision
(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.
Meaning of produced in the licence area
Meaning of produced in the licence area
Meaning of produced in the licence area
(1) Material is produced in the licence area if:
one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and
two or more of the following activities occur in the licence area:
compilation;
developing and implementing programming concepts;
editing;
researching;
scripting;
technical operation;
any other activity relating to the creative and administrative aspects
of the production of the material.
Meaning of hosted in the licence area
Meaning of hosted in the licence area
Meaning of hosted in the licence area
(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.
Meaning of relates to the licence area
Meaning of relates to the licence area
Meaning of relates to the licence area
(3) Material relates to the licence area if it relates to any of the following matters:
an economic issue as it affects the licence area;
a government or political issue as it affects the licence area;
a social issue as it affects the licence area;
an education issue as it affects the licence area;
a health issue as it affects the licence area;
an employment issue as it affects the licence area;
an event in the licence area, including an event that has not yet occurred;
a person or organisation associated with the licence area;
the views of a person or organisation associated with the licence area;
weather conditions in the licence area;
a cultural interest, or an issue relating to culture, as it affects the licence area;
the natural or built environment in the licence area;
a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;
an emergency warning broadcast at the request of an emergency service agency.
(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.
Broadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.
Dated: 19 September 2024
Creina Chapman
[signed]
Member
Autumn Field
[signed]
Member/General Manager
Australian Communications and Media Authority
PART 1 PRELIMINARY
1 Name of Instrument
This instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3 Authority
This instrument is made under subsection 43(1) of the Act.
4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014
The Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.
5 Purpose and Application
(1) For subsection 43(1) of the Act:
the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and
those conditions create obligations on the person who holds the licence.
(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:
a remote area service radio licence;
a regional racing service radio licence; or
a licence allocated under subsection 40(1) of the Act.
PART 2 TERMS USED IN THIS INSTRUMENT
6 Definitions
In this instrument:
Act means the Broadcasting Services Act 1992.
licensee means a person who holds a regional commercial radio broadcasting licence other than a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Act.
material of local significance has the meaning given by section 8.
relevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.
Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement [see Division 5C of Part 5], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence [see section 8AF], remote area service radio licence, trigger event [see Division 5C of Part 5].
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
8 Meaning of material of local significance
(1) Material that is broadcast by a licensee is material of local significance if:
it complies with subsection (2) or (3); and
subsection (4) does not apply.
General rule
(2) Material is material of local significance if it:
is hosted in; or
is produced in; or
relates to;
the licence area of the regional commercial radio broadcasting licence.
Local news and information
(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.
Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.
Announcements about material
(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.
9 Definitions relating to material of local significance
Meaning of produced in the licence area
(1) Material is produced in the licence area if:
one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and
two or more of the following activities occur in the licence area:
compilation;
developing and implementing programming concepts;
editing;
researching;
scripting;
technical operation;
any other activity relating to the creative and administrative aspects
of the production of the material.
Meaning of hosted in the licence area
(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.
Meaning of relates to the licence area
(3) Material relates to the licence area if it relates to any of the following matters:
an economic issue as it affects the licence area;
a government or political issue as it affects the licence area;
a social issue as it affects the licence area;
an education issue as it affects the licence area;
a health issue as it affects the licence area;
an employment issue as it affects the licence area;
an event in the licence area, including an event that has not yet occurred;
a person or organisation associated with the licence area;
the views of a person or organisation associated with the licence area;
weather conditions in the licence area;
a cultural interest, or an issue relating to culture, as it affects the licence area;
the natural or built environment in the licence area;
a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;
an emergency warning broadcast at the request of an emergency service agency.
(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.
PART 3 LICENCE CONDITIONS
10 Licensee must broadcast material of local significance
(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.
(2) For subsection (1), if:
material of local significance is advertising or sponsorship matter; and
the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;
the advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.
Note: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.
PART 4 RECORD KEEPING
11 Records
(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.
Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.
(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:
30 days from the date on which the material was broadcast;
if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or
a longer period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.
Transitional provision
(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.
12 Material of local significance—local content statements
(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.
(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.
(3) A local content statement made under subsection (2), must state:
which programs or parts of programs are material of local significance;
whether the material was produced in, hosted in, or relates to the licence area; and
the date or time period covered by the statement.
Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.
(4) The licensee must make its current local content statement available to the public by either:
publishing local content statements on its website; or
providing copies of local content statements to any person, on request.
(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.
(6) The licensee must keep a copy of a local content statement for the greater of:
18 months starting on the day after the broadcast; and
another period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
Transitional provision
(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.
10
Licensee must broadcast material of local significance
10 Licensee must broadcast material of local significance
(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.
(2) For subsection (1), if:
material of local significance is advertising or sponsorship matter; and
the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;
the advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.
Note: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.
Broadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.
Dated: 19 September 2024
Creina Chapman
[signed]
Member
Autumn Field
[signed]
Member/General Manager
Australian Communications and Media Authority
PART 1 PRELIMINARY
1 Name of Instrument
This instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3 Authority
This instrument is made under subsection 43(1) of the Act.
4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014
The Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.
5 Purpose and Application
(1) For subsection 43(1) of the Act:
the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and
those conditions create obligations on the person who holds the licence.
(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:
a remote area service radio licence;
a regional racing service radio licence; or
a licence allocated under subsection 40(1) of the Act.
PART 2 TERMS USED IN THIS INSTRUMENT
6 Definitions
In this instrument:
Act means the Broadcasting Services Act 1992.
licensee means a person who holds a regional commercial radio broadcasting licence other than a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Act.
material of local significance has the meaning given by section 8.
relevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.
Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement [see Division 5C of Part 5], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence [see section 8AF], remote area service radio licence, trigger event [see Division 5C of Part 5].
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
8 Meaning of material of local significance
(1) Material that is broadcast by a licensee is material of local significance if:
it complies with subsection (2) or (3); and
subsection (4) does not apply.
General rule
(2) Material is material of local significance if it:
is hosted in; or
is produced in; or
relates to;
the licence area of the regional commercial radio broadcasting licence.
Local news and information
(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.
Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.
Announcements about material
(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.
9 Definitions relating to material of local significance
Meaning of produced in the licence area
(1) Material is produced in the licence area if:
one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and
two or more of the following activities occur in the licence area:
compilation;
developing and implementing programming concepts;
editing;
researching;
scripting;
technical operation;
any other activity relating to the creative and administrative aspects
of the production of the material.
Meaning of hosted in the licence area
(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.
Meaning of relates to the licence area
(3) Material relates to the licence area if it relates to any of the following matters:
an economic issue as it affects the licence area;
a government or political issue as it affects the licence area;
a social issue as it affects the licence area;
an education issue as it affects the licence area;
a health issue as it affects the licence area;
an employment issue as it affects the licence area;
an event in the licence area, including an event that has not yet occurred;
a person or organisation associated with the licence area;
the views of a person or organisation associated with the licence area;
weather conditions in the licence area;
a cultural interest, or an issue relating to culture, as it affects the licence area;
the natural or built environment in the licence area;
a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;
an emergency warning broadcast at the request of an emergency service agency.
(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.
PART 3 LICENCE CONDITIONS
10 Licensee must broadcast material of local significance
(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.
(2) For subsection (1), if:
material of local significance is advertising or sponsorship matter; and
the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;
the advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.
Note: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.
PART 4 RECORD KEEPING
11 Records
(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.
Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.
(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:
30 days from the date on which the material was broadcast;
if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or
a longer period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.
Transitional provision
(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.
12 Material of local significance—local content statements
(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.
(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.
(3) A local content statement made under subsection (2), must state:
which programs or parts of programs are material of local significance;
whether the material was produced in, hosted in, or relates to the licence area; and
the date or time period covered by the statement.
Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.
(4) The licensee must make its current local content statement available to the public by either:
publishing local content statements on its website; or
providing copies of local content statements to any person, on request.
(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.
(6) The licensee must keep a copy of a local content statement for the greater of:
18 months starting on the day after the broadcast; and
another period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
Transitional provision
(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.
11
Records
11 Records
(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.
Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.
(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:
30 days from the date on which the material was broadcast;
if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or
a longer period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.
Transitional provision
Transitional provision
Transitional provision
(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.
12
Material of local significance—local content statements
12 Material of local significance—local content statements
(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.
(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.
(3) A local content statement made under subsection (2), must state:
which programs or parts of programs are material of local significance;
whether the material was produced in, hosted in, or relates to the licence area; and
the date or time period covered by the statement.
Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.
(4) The licensee must make its current local content statement available to the public by either:
publishing local content statements on its website; or
providing copies of local content statements to any person, on request.
(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.
(6) The licensee must keep a copy of a local content statement for the greater of:
18 months starting on the day after the broadcast; and
another period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
PART 1 PRELIMINARY
PART 1 PRELIMINARY
1 Name of Instrument
This instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.
2 Commencement
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3 Authority
3 Authority
This instrument is made under subsection 43(1) of the Act.
4 Repeal of the Broadcasting Services (Regional Commercial Radio— Material of Local Significance) Licence Condition 2014
4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014
The Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.
5 Purpose and Application
5 Purpose and Application
(1) For subsection 43(1) of the Act:
the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and
those conditions create obligations on the person who holds the licence.
(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:
a remote area service radio licence;
a regional racing service radio licence; or
a licence allocated under subsection 40(1) of the Act.
PART 2 TERMS USED IN THIS INSTRUMENT
Broadcasting Services (Regional Commercial Radio — Material of Local Significance) Licence Condition 2024
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this condition under subsection 43(1) of the Broadcasting Services Act 1992.
Dated: 19 September 2024
Creina Chapman
[signed]
Member
Autumn Field
[signed]
Member/General Manager
Australian Communications and Media Authority
PART 1 PRELIMINARY
1 Name of Instrument
This instrument is the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024.
Requires audio records that capture the applicable number of hours of material of local significance on each relevant business day, and sets minimum retention times (ss 11(1)-(2)). The licensee must keep audio records for the longer of 30 days, 60 days if a complaint concerns the material, or a longer period specified by the ACMA in writing (s 11(2)).
Requires licence-holders to compile and keep local content statements for each relevant business day, with specified content (regular program schedule, identification of which programs/parts are material of local significance and whether the material was produced in, hosted in, or relates to the licence area, and the date/time period covered) and to make the current statement publicly available by website publication or by providing copies on request (s 12(1)-(6)).
Gives ACMA express powers to request access to records and local content statements in writing and requires licensees to comply as soon as practicable (ss 11(3), 12(5)). ACMA may also specify longer retention periods in writing (s 11(2)(3)).
Transitional provisions preserve particular recordkeeping and publication duties that arose under the repealed 2014 instrument: licensees must keep records or comply with specific prior obligations as if the 2014 instrument had not been revoked in certain cases (ss 11(4), 12(7)). The instrument thus replaces the 2014 licence condition while carrying forward specific transitional obligations.
The instrument repeatedly cross-refers to definitions and obligations in the Broadcasting Services Act 1992, including “daytime hours”, “local content exemption period”, “trigger event”, “applicable number” (as declared externally), and Subdivision B of Division 5C of Part 5 (see notes to ss 6 and 8(3)). Therefore, operational detail about several key terms and enforcement mechanisms will depend on the Act and the external Declaration referenced.
Main concepts
The instrument’s regulatory architecture rests on a few tightly defined concepts: licensee, relevant business day, material of local significance, produced in, hosted in, relates to, applicable number, daytime hours and local content statement. Each is defined or cross-referenced in the instrument and determines both substantive broadcasting obligations and compliance/documentation duties.
Licensee (s 6): The instrument restricts its scope to holders of regional commercial radio broadcasting licences but expressly excludes remote area service radio licences, regional racing service radio licences and licences allocated under s 40(1) of the Act (s 5(2) and s 6 definition). Those excluded categories are therefore not subject to the broadcasting or recordkeeping obligations here.
Relevant business day (s 6): This is a business day for the licensee that does not fall within a “local content exemption period” for that licence. The instrument does not itself define “local content exemption period”, instead relying on the Act’s definition (see note to s 6). Practically, relevant business days are the days when the broadcast and recordkeeping requirements apply.
Material of local significance (s 8): This is the substantive quality the instrument seeks to promote. Material is of local significance if it meets either the “general rule” (hosted in, produced in, or relates to the licence area; s 8(2)) or the “local news and information” rule (broadcast to comply with Subdivision B of Division 5C of Part 5 of the Act; s 8(3)), and so long as subsection (4) (announcements about future broadcasts) does not render it excluded. The instrument therefore treats both place-based production/hosting and locally-relevant editorial content as qualifying.
Produced in the licence area (s 9(1)): The test requires two cumulative elements: (a) creative and administrative direction by one or more individuals in the licence area; and (b) two or more specified production activities occurring in the licence area (compilation, developing and implementing programming concepts, editing, researching, scripting, technical operation, or “any other activity relating to the creative and administrative aspects of the production of the material”). The compound test signals that minimal local involvement may not be enough; multiple production activities plus local creative/admin direction are required.
Hosted in the licence area (s 9(2)): Hosting requires that each announcer of the material be in the licence area at the time of broadcast, and this includes an announcer of a particular item of music that forms part of the material. The physical presence requirement is binary: if any announcer is not in the licence area at broadcast time, the hosted condition is not met.
Relates to the licence area (s 9(3)-(4)): The instrument sets out an extensive, enumerated list of subject matter that constitutes a relation to the licence area (economic, government, social, education, health, employment, events, people and organisations associated with the area, weather, cultural interests, the natural or built environment, community bodies, and emergency warnings at the request of emergency service agencies). Where material falls outside this enumerated list, it may still qualify if a “direct and substantial relationship” to the licence area exists (s 9(4)). The list is both prescriptive and expansive, but the “direct and substantial relationship” clause leaves room for ACMA interpretation in borderline cases.
Applicable number and daytime hours (s 10 and note): The prescriptive obligation is to broadcast the “applicable number” of hours of material of local significance during daytime hours on each relevant business day. The instrument does not state the applicable number here; instead it refers to the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017, s 4. Similarly, the instrument refers to the Act for the meaning of “daytime hours”.
Recordkeeping and reporting concepts (ss 11-12): Licensees must keep audio records that capture the applicable number of hours for each relevant business day and compile a local content statement that sets out the regular program schedule and flags which programmes/parts are material of local significance and whether they are produced in, hosted in, or relate to the licence area. Records must be retained for specified minimum periods and be made available to the public or ACMA on request.
Interaction with Subdivision B of Division 5C of Part 5 (s 8(3) and notes): The instrument treats content broadcast to satisfy those Act-level obligations after a “trigger event” as material of local significance. The instrument therefore links its local content definition to the Act’s post-trigger obligations, but the text of Subdivision B and the precise meaning of “trigger event” remain matters of the Act (not reproduced here).
Transitional carry-over (ss 11(4), 12(7)): Where duties under the previous 2014 instrument applied before commencement, the new instrument requires continued compliance with specified prior recordkeeping or publication obligations as if the old instrument had not been revoked.
Collectively, these concepts create a compliance regime that ties quantitative hours obligations (applicable number during daytime on relevant business days) to qualitative tests about where and about what content is produced/hosted/related, and overlays daily audio-recording and public reporting duties with ACMA oversight powers to request records and specify longer retention times.
Who it affects
Primary obligation-bearers (ss 5(1), 6): The instrument affects persons who hold regional commercial radio broadcasting licences, other than three categories explicitly excluded by s 5(2): remote area service radio licences, regional racing service radio licences, and licences allocated under subsection 40(1) of the Broadcasting Services Act 1992. The instrument’s repeated definition of “licensee” (s 6) frames who must comply with the broadcast and recordkeeping duties.
Operational staff and suppliers: Compliance will impose duties on programming managers, producers, announcers, technical operators and administrative staff. The “produced in” test (s 9(1)) requires proof that one or more individuals in the licence area direct creative and administrative aspects and that at least two named production activities occur in the licence area. That will involve producers, editors, researchers and technical staff in the licence area; suppliers of production services (studio hire, freelance journalists) will be engaged to create qualifying hours.
Announcers and voice talent (s 9(2)): The hosted test requires every announcer to be in the licence area when the material is broadcast. This affects networks that use voice-tracking, remote hosting, syndicated breakfast shows, or studio-to-studio programming: any announcer not physically in the licence area at broadcast time will mean the hosted test is not satisfied.
Advertisers and sponsors (s 10(2)): Advertising and sponsorship matter that is otherwise material of local significance may be counted toward the applicable hours, but where the licensee has received or is entitled to receive payment or other consideration for broadcasting such material, that paid advertising/sponsorship matter may comprise no more than 25% of the applicable hours on a relevant business day. This affects how licensees classify paid local sponsorship, and the commercial value of such material will be constrained relative to qualifying hours.
Auditors, legal and compliance teams: The recordkeeping and local content statement requirements (ss 11-12) mean legal, compliance and possibly accounting teams will need to ensure daily audio records are made and retained, that metadata is kept showing why items qualify as material of local significance, and that local content statements are compiled and published or made available on request. ACMA may ask to inspect records; licensees must comply as soon as practicable (ss 11(3), 12(5)).
ACMA and regulators: The instrument explicitly gives ACMA the authority to request records and to specify longer retention periods in writing (s 11(2)(3), s 11(3), s 12(5)). ACMA is also the maker of the instrument (signatures dated 19 September 2024), so regulatory oversight and potential follow-up will rest with ACMA under the Act (see s 3).
Local communities and listeners: The instrument’s definition of material of local significance and the hours obligation is structured to increase the amount of programming that is locally produced, hosted or materially related to the licence area (s 8). Community organisations, local government, emergency service agencies (explicitly mentioned at s 9(3)(14)), and local event organisers will be affected by the increased focus on local content, and local contributors or journalists may see more opportunities for airtime.
Radio groups operating multiple licences: Groups that centralise programming across multiple licence areas and rely on syndicated content face the operational challenge of producing qualifying content for each licence area or ensuring sufficient host/production presence in each licence area to meet the “produced in” and “hosted in” tests (s 9). The instrument’s linkage to the “applicable number” (external declaration) means groups need to compute and monitor applicable hours per licence area.
Parties unaffected: Holders of excluded licence types (remote area service, regional racing, and licences allocated under s 40(1)) are not subject to these conditions (s 5(2)), though they remain subject to other provisions of the Act.
In short, the instrument reaches licence-holders and the personnel and systems they use to produce and broadcast content. It affects commercial choices about where to host and produce programming, how to structure paid sponsorship, and how to document and retain evidence of compliance for ACMA oversight.
Key duties and rights
This section sets out the core positive duties imposed on licensees by the instrument, the documentation and disclosure obligations, the limited rights of the public to access statements, and the ACMA’s practical supervisory powers under the instrument’s terms.
Substantive broadcast duty (s 10(1)): The primary duty is that, during daytime hours on each relevant business day, a licensee must broadcast the applicable number of hours of material of local significance. The instrument itself does not define the numerical “applicable number”; it directs readers to section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017 (s 10 note). “Daytime hours” and “relevant business day” are defined in the Act (s 6 note and s 6 definition of relevant business day), and licensees must map their operational hours to those statutory definitions.
Advertising/sponsorship limitation (s 10(2)): Where material of local significance is advertising or sponsorship matter and the licensee has (or is entitled to) payment or other consideration for broadcasting it, that advertising/sponsorship matter may not account for more than 25% of the applicable number of hours on a relevant business day. This duty limits the extent to which paid local commercial content can be double-counted as satisfying the local content hours requirement.
Recordkeeping duties (s 11(1)-(4)): For each relevant business day, licensees must make an audio record of the applicable number of hours of material of local significance broadcast during daytime hours. The instrument explicitly permits different approaches to making the audio record (whole-day recording, daytime-hours recording, or recording that is the duration of the applicable hours only; s 11(1) note). Retention obligations require the record be kept for the longest of: 30 days, 60 days if a complaint relates to that material, or a longer period specified by the ACMA in writing (s 11(2)). If ACMA asks in writing for access, the licensee must comply as soon as practicable (s 11(3)). Transitional paragraph s 11(4) preserves earlier-record obligations that applied under the 2014 instrument for records made before commencement.
Local content statement duties (s 12(1)-(7)): For each relevant business day, licensees must compile a local content statement in relation to the material of local significance to be broadcast during daytime hours. The statement must set out the regular program schedule for each day of the week (s 12(2)) and must state which programs or parts are material of local significance, whether the material was produced in, hosted in, or relates to the licence area, and the date/time period covered (s 12(3)). Licensees must make the current local content statement publicly available by publishing it on the licensee’s website or providing copies to any person on request (s 12(4)). ACMA may request access in writing and the licensee must comply as soon as practicable (s 12(5)). Retention of local content statements is the greater of 18 months from the day after the broadcast or a longer period specified by ACMA in writing (s 12(6)). Transitional s 12(7) preserves certain obligations from the 2014 instrument.
Compliance with ACMA requests and specifications (ss 11(2)(3), 11(3), 12(5), 12(6)): ACMA can specify longer retention periods in writing (s 11(2)(3) and s 12(6)) and can request access to records and statements (ss 11(3), 12(5)). The licensee must comply “as soon as practicable” , an obligation that creates an operational duty to have records locatable and transferable on short notice.
Definitions-driven duties (ss 8-9): Many broadcasting duties turn on whether material qualifies as “material of local significance” under s 8. Determinations require evidence that material was produced in, hosted in, or related to the licence area per s 9. The duties thus require licensees to create and retain evidence to demonstrate how each program or part meets the statutory tests.
Public availability right (s 12(4)): The instrument grants any person the right to request copies of the current local content statement; alternatively, the licensee may publish statements on its website. This is a limited disclosure right - it does not create a broader right to access audio records (those are only subject to ACMA requests in writing under s 11(3)), but it does create a public-facing reporting duty about program schedules and local content classification.
Transitional rights/duties (ss 11(4), 12(7)): Where prior obligations under the 2014 instrument applied, licensees must preserve particular records and comply with earlier local content statement requirements as if the old instrument had not been revoked. Those transitional duties create continuity and potentially overlapping retention or publication periods.
Not specified in this instrument: The instrument does not itself set out fines, licence suspensions, or other sanctions. It is made under s 43(1) of the Act (s 3) and creates obligations (s 5(1)); enforcement and specific sanctioning mechanisms are matters addressed in the Act. Within the instrument itself, the only concrete supervisory tools are ACMA’s written requests and its ability to specify longer retention periods (ss 11(2)(3), 11(3), 12(5), 12(6)).
In short, the key duties are to broadcast the applicable number of local-significance hours during daytime on relevant business days, limit paid advertising/sponsorship counted as local-significance to 25% of that number, keep audio records of the applicable hours with specified retention minima, compile and make available local content statements with particular content, and comply promptly with ACMA’s written requests and specifications.
Penalties and enforcement
The instrument itself does not enumerate monetary penalties or specify enforcement sanctions. It is a licence condition made under subsection 43(1) of the Broadcasting Services Act 1992 (s 3), and s 5(1) states expressly that the instrument imposes conditions on licences and creates obligations on licence-holders. The powers and sanctions available to ACMA for breach of licence conditions are contained in the Act and subordinate enforcement instruments, which are not reproduced in this instrument. Consequently, the instrument relies on the Act for enforcement architecture; the instrument’s express enforcement-related provisions are operational and documentary rather than punitive.
Operational enforcement mechanisms present in the instrument include:
ACMA’s written requests for records: If ACMA asks in writing for access to a record kept under s 11, the licensee must comply “as soon as practicable” (s 11(3)). The same “as soon as practicable” compliance duty applies if ACMA asks for access to a local content statement kept under s 12 (s 12(5)). Those clauses give ACMA an immediate statutory hook to require production of evidence of compliance.
ACMA’s written specification of retention periods: The instrument allows ACMA to require a licensee to keep audio records for periods longer than the minimums expressly stated in s 11(2) by specifying a longer period in writing (s 11(2)(3)). Similarly, ACMA may require longer retention of local content statements by specifying a longer period in writing (s 12(6)(2)). These provisions enable ACMA to respond to particular compliance or investigatory needs by increasing documentary obligations in individual cases.
Public disclosure: The requirement that current local content statements be publicly available (published on a website or provided to any person on request, s 12(4)) facilitates public oversight and complaints, which may trigger ACMA attention and enforcement action under the Act.
What the instrument does not do, and what this matters for practitioners:
No fines, suspensions or civil penalty amounts are provided in the instrument itself. Any sanction for non-compliance with licence conditions will depend on the enforcement provisions of the Broadcasting Services Act 1992 and associated ACMA powers, which are not set out in this instrument.
The instrument does not contain a private right of action; it creates duties on licensees and gives ACMA inspection/retention levers. Member states or private parties do not obtain new statutory powers under this instrument beyond the public availability of local content statements.
The instrument imposes mandatory, time‑sensitive duties (“as soon as practicable” compliance with written ACMA requests) but does not provide administrative processes for disputes about whether material is “material of local significance”, whether recordings meet the statutory tests, or the extent to which advertising/sponsorship matter counts toward the applicable hours. Those procedural and remedial matters will be governed by the Act and ACMA practice, not by this instrument’s text.
For compliance risk management, licence-holders should assume that ACMA can and will require written production of audio records and local content statements and that failure to produce such records “as soon as practicable” would constitute non-compliance with the licence condition. Because the instrument is a licence condition made under the Act, potential consequences for continuing non-compliance are likely to be available under the Act. The instrument also allows ACMA to increase documentary retention requirements on a case-by-case basis in writing (ss 11(2)(3), 12(6)), which can increase the prospective regulatory exposure of a licensee if ACMA determines there is need for a longer audit trail.
How it interacts with other laws
This instrument is explicitly anchored to and interacts with the Broadcasting Services Act 1992 and with an external Declaration that sets the quantitative hours requirement. The instrument defines some terms itself but repeatedly delegates key definitions and obligations to the Act or other instruments. The main interactions are the following:
Dependence on the Broadcasting Services Act 1992 (s 3 note and multiple cross-references): The instrument is made under subsection 43(1) of the Act (s 3). Several core terms used by the instrument are defined in the Act and adopted by reference, including the ACMA, applicable number, community service announcement, daytime hours, emergency service agency, licence, licence area, local content exemption period, regional commercial radio broadcasting licence, regional racing service radio licence, remote area service radio licence, and trigger event (see note to s 6). The “local news and information” pathway for qualifying material (s 8(3)) refers to Subdivision B of Division 5C of Part 5 of the Act and the obligations that arise after a “trigger event” for a regional licence. Because these provisions are in the Act, interpretation, enforcement, and operational detail will involve the Act’s text and administrative practice under it.
Interaction with the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017 (s 10 note): The numeric requirement, the “applicable number” of hours to be broadcast during daytime hours on a relevant business day, is not set in the instrument itself. The instrument directs licensees to section 4 of the 2017 Declaration for the applicable number. That creates an inter-instrument dependency: to know the precise quantitative obligation for each licence area, licensees must consult the 2017 Declaration. Any amendments to that Declaration therefore change a material aspect of the obligation without amending this instrument.
Record retention cross-reference to Part 2 of Schedule 2 to the Act (s 11(2) note and s 12(6) note): The instrument’s notes caution that these retention requirements do not affect other retention duties in relation to broadcast material under the Act, giving rise to potential overlapping retention schedules. Licensees must reconcile this instrument’s retention minima (30 days or 60 days if a complaint; s 11(2)) with other statutory retention obligations in Schedule 2 to the Act.
Interaction with Subdivision B of Division 5C of Part 5 and “trigger events” (s 8(3) and notes): The instrument treats material broadcast to meet Subdivision B obligations after a trigger event as material of local significance. That links this instrument’s scope to conditions that arise from the Act’s trigger mechanism. Therefore, changes to Subdivision B or changes in the trigger-event regime under the Act affect what qualifies as material of local significance under this instrument.
Administrative law and ACMA powers (ss 11(2)(3), 11(3), 12(5), 12(6)): The instrument allows ACMA to specify longer retention periods and to request records and statements in writing, which creates a statutory interface with administrative law principles (requests, reasonable time for compliance, and reviewable decisions). Any exercise of ACMA’s written specification powers will be an administrative act under the Act and potentially reviewable under judicial review principles.
Public access and information laws (s 12(4)): The instrument requires licensees to make current local content statements available to the public by publishing them on a website or providing copies on request. That interacts with public disclosure frameworks and may intersect with privacy or commercial confidentiality considerations,licensees will need to manage publication in the context of other statutory obligations, though the instrument itself does not create confidentiality carve-outs.
Competition/advertising regulation and commercial law (s 10(2)): The rule that paid advertising/sponsorship matter may account for no more than 25% of the applicable local-significance hours creates an interaction with commercial advertising practice and potentially with other advertising codes and the Act’s definitions of advertising/sponsorship matter. Licensees must classify material consistently with definitions in the Act and apply commercial agreements accordingly.
Transitional effect vis-à-vis the repealed 2014 instrument (s 4, ss 11(4), 12(7)): The instrument repeals the 2014 licence condition but includes transitional provisions preserving certain recordkeeping and local content statement duties that arose under the 2014 instrument. This creates an interaction where pre-commencement obligations remain relevant for the retention of records created before the new instrument’s commencement.
Statutory interpretation provisions (s 7): The instrument adopts standard interpretive rules by reference to the Acts Interpretation Act 1901 and the Legislation Act 2003, preserving usual interpretive approaches for references to other Commonwealth Acts and instruments.
In practice, therefore, compliance with the instrument requires licence-holders to consult and reconcile the instrument with the Broadcasting Services Act 1992, the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017 (for the applicable number), Part 2 of Schedule 2 to the Act for other retention duties, and administrative law standards for responding to ACMA requests and specifications. The instrument is not freestanding; it operates within an administrative and statutory ecosystem that determines key numeric, temporal and definitional elements.
Amendment history
The instrument itself records a limited amendment history that is contemporaneous to its making and commencement. The principal recorded changes are:
Repeal of the 2014 instrument: Section 4 expressly repeals the Broadcasting Services (Regional Commercial Radio- Material of Local Significance) Licence Condition 2014 (F2014L01263). That repeal is immediate upon commencement of this instrument (s 4). The instrument thereby replaces the earlier instrument as the operative Commonwealth licence condition in this subject area.
Transitional carry-overs: Although the 2014 instrument is repealed, the instrument contains transitional provisions that preserve ongoing obligations where they arose under the 2014 instrument before the commencement date. Specifically:
Section 11(4) requires a licensee that made records under section 9 of the 2014 instrument (prior to commencement) to keep those records for the period specified in that section of the 2014 instrument as if it had not been revoked.
Section 12(7) requires a licensee that, before commencement, was required to make, keep and publish a local content statement under section 10 of the 2014 instrument to continue to comply with that section as if the old instrument had not been revoked.
Date and signatures: The instrument is signed and dated 19 September 2024 by two ACMA members (Creina Chapman and Autumn Field, the latter as Member/General Manager), indicating the instrument’s formal adoption on that date (instrument header). The commencement clause (s 2) sets the operative commencement to start at the beginning of the day after registration on the Federal Register of Legislation.
Reiterations and corrections: The draft as provided contains duplicated and repeated text blocks, but the operative provisions and sections discussed above are clear about repeal and transitional carriage. The instrument’s repeated cross-references to the Act and the 2017 Declaration indicate that subsequent amendments to those referenced instruments or the Act could change the legal effect of this instrument without amendment to the instrument itself, because the instrument adopts some terms by reference (see s 7 regarding references to other instruments).
What the instrument does not record in its own text:
It does not list amendments prior to 2024, beyond noting the repeal of the 2014 instrument. It makes no mention of interim amendments or variations between 2014 and 2024.
It does not specify any mechanism for future amendment beyond normal legislative or instrument amendment procedures. However, s 7 makes clear that references to other legislative instruments are to be read as references to those instruments “as in force from time to time” (s 7(a)), so the instrument was drafted to remain operable against changing external instruments.
For practitioners advising licensees, the amendment history to note is that the 2014 instrument has been replaced by this 2024 instrument but certain pre-commencement records and publication obligations from the 2014 instrument continue to bind licensees under transitional clauses.
Litigation history
The instrument itself contains no litigation history and cites no judicial decisions. It is an administrative instrument signed by ACMA members on 19 September 2024 and enacted under subsection 43(1) of the Broadcasting Services Act 1992 (s 3). The text does not reference any court or tribunal decisions, nor does it record litigation concerning the 2014 instrument or this 2024 instrument.
Practical implications of the absence of litigation history in the instrument:
There are no judicially clarified interpretations of the instrument’s specific phrases recorded within the instrument text. Terms that could give rise to interpretive disputes,such as “direct and substantial relationship” (s 9(4)), “produced in” (s 9(1)), and what counts as an “applicable number” in practice,are therefore untested in the instrument’s own materials and would be matters for future administrative decisions or judicial review if contested.
Because the instrument delegates key definitional matters and enforcement mechanisms to the Broadcasting Services Act 1992 and to the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017, any litigation about the scope, enforcement or penalties for breach is likely to engage the Act and relevant administrative law principles, rather than the instrument’s text alone.
In the absence of precedent named in the instrument, licence‑holders and advisers should treat interpretive risk as unresolved and consider seeking ACMA guidance where statutory terms are unclear, documenting the basis for programming choices in case of subsequent challenge under the Act or by ACMA.
If litigation or adjudication arises in future about the instrument, the relevant materials to consult will include the Act, the Declaration that sets the applicable number, ACMA guidance, the administrative record of any ACMA decision, and any judicial decisions that interpret these materials. As of the instrument’s own text, no such litigation history exists.
Gotchas
This instrument has a number of practical and legal friction points that can create compliance gaps if not addressed. These “gotchas” arise from definitional thresholds, inter-instrument dependencies, recordkeeping windows, and operational realities of radio programming.
Applicable number is external and variable (s 10 note). The instrument does not state how many hours are required; it refers to the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017, s 4, for the “applicable number”. Practitioners must identify and monitor the Declaration to know the quantitative obligation for each licence area. Any change to that Declaration alters obligations without amendment to this instrument.
Daytime hours and relevant business day depend on Act definitions (s 6 note). The instrument relies on the Act for the meaning of “daytime hours” and for “local content exemption period”. A failure to align the station’s operational definitions with the Act’s definitions will produce non-compliant reporting and broadcasting.
“Hosted in” is a strict physical-presence test (s 9(2)). Every announcer, including an announcer of a particular music item, must be in the licence area at broadcast time. This affects voice-tracked segments, pre-recorded material broadcast from a central studio, and syndicated announcers. A single remote announcer breaks the hosted test for that material.
“Produced in” requires local creative/admin direction plus at least two specified activities (s 9(1)). Minimal local involvement , for example, only local editorial oversight without two local production activities , will not satisfy the test. Licensees that subcontract most production activities to centralised teams will need to ensure at least two qualifying activities occur in‑area and that local individuals direct creative/admin aspects.
“Relates to” includes an extensive list but leaves borderline cases to “direct and substantial relationship” determinations (s 9(3)-(4)). The “direct and substantial relationship” standard is inherently subjective and likely to be interpreted by ACMA in disputes. Licensees should document the connection between material and the licence area when relying on this pathway.
Advertising/sponsorship cap reduces commercial flexibility (s 10(2)). Paid local sponsorship and advertising that would otherwise count towards applicable hours are limited to 25% of the applicable hours. Licensees seeking to monetise local content should plan revenue models that do not over-rely on classifying paid spots as satisfying local content hours.
Short default audio retention windows (s 11(2)). The default retention period for audio records is 30 days, or 60 days if a complaint is made about the material. This is a narrow window for audits or retrospective compliance reviews; licensees that want to maintain longer archives should proactively retain material longer or seek ACMA confirmation. ACMA can request longer retention in writing, which can be imposed ad hoc.
“As soon as practicable” compliance with ACMA written requests (ss 11(3), 12(5)) creates operational timing risk. The instrument imposes an urgency standard but not a defined timeframe. Licensees must ensure their systems can locate, reproduce and transfer requested records and statements quickly to avoid being found non-compliant.
Local content statements must be compiled for each relevant business day but are described as stating the “regular program schedule for each day of the week” (s 12(1)-(2)). There is a potential mismatch between a day‑by‑day compilation duty and the requirement to set out a week‑level regular program schedule. Licensees should produce daily statements that reflect planned weekly schedules and explicitly map program occurrences to the relevant business day.
Transitional obligations from the 2014 instrument can overlap with new requirements (ss 11(4), 12(7)). Records or statements created before commencement that were required under the 2014 instrument must still be kept for the periods specified in that instrument. Licensees must locate and manage older records under the legacy retention rules as well as the new ones.
Interplay with other statutory retention duties (s 11(2) note and s 12(6) note). The instrument’s note reminds licensees that other retention duties under Part 2 of Schedule 2 to the Act remain in force; these overlapping obligations can increase archival burdens and risk inconsistent retention practices.
Ambiguity over what qualifies as “advertising or sponsorship matter” is resolved by reference to the Act’s definitions (s 10(2) cross-reference). Licensees must apply the Act’s classification; misclassification may lead to an inadvertent breach of the 25% limit.
Multiple repeated cross-references and duplication in the instrument’s text may cause drafting confusion in operational documents. Practitioners should rely on the operative section numbers (ss 6-12) and the Act for clarifications.
No penalties specified in the instrument itself (see “Penalties and enforcement” section). Since the instrument does not set penalties, licensees may underestimate the consequences of non-compliance; they must assume sanctions available under the Broadcasting Services Act 1992 can be applied for breaches of licence conditions.
Each of these points creates a concrete compliance hazard. The practical response is to map programming and production workflows against the statutory tests, build metadata and evidentiary trails (who directed creative/admin aspects, where production activities occurred, where announcers were physically located at broadcast time), and implement retention systems that either meet default minima or permit rapid retrieval if ACMA asks for longer retention.
How to comply
This checklist translates the instrument’s provisions into operational steps, documentation templates and decision points. Each recommendation cites the relevant section so compliance teams can map tasks to statutory text.
Confirm scope and identify licences covered (s 5(2), s 6):
Identify every regional commercial radio broadcasting licence held and confirm whether any are excluded under s 5(2) (remote area service, regional racing service, s 40(1) allocation). If excluded, this instrument’s obligations do not apply to that licence.
Determine the applicable number of hours and daytime hours (s 10(1) note; s 6 note):
Obtain and review the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017, s 4, to ascertain the “applicable number” for each licence area.
Confirm the statutory definition of “daytime hours” in the Act and map the station’s broadcast schedule accordingly.
Identify local content exemption periods in the Act to determine which business days are “relevant business days” (s 6 definition).
Audit current programming and production to tag existing material as qualifying or non-qualifying (ss 8-9):
For each program, tag whether it is “hosted in”, “produced in”, or “relates to” the licence area per ss 9(1)-(3).
For “produced in” tags, maintain evidence that one or more individuals in the licence area directed the creative and administrative aspects, and that at least two of the listed activities occurred in the licence area (compilation, concept development, editing, research, scripting, technical operation, other relevant activities) (s 9(1)).
For “hosted in” tags, record the physical presence (location and timestamp) of each announcer at broadcast time, including the announcer of music items when relevant (s 9(2)).
For “relates to” tags, record the factual basis tying the material to any of the enumerated matters (s 9(3)) or, if relying on s 9(4), document the direct and substantial relationship to the licence area.
Implement metadata capture and proof-of-origin systems:
For every item of content intended to count as material of local significance, capture and store metadata: programme name, broadcast date/time, announcer(s) and their location at broadcast, production staff and their locations, description of activities that qualify for the “produced in” test, whether material is paid advertising/sponsorship and relevant contract details (s 10(2)).
Use sign-offs or electronic logs to record that one or more local individuals directed creative/admin aspects where relevant (s 9(1)).
Manage advertising/sponsorship classification and the 25% cap (s 10(2)):
Maintain a running daily calculation of how much of the applicable hours are comprised of paid advertising/sponsorship matter for which the licensee has been paid or is entitled to be paid.
Ensure paid sponsorship/adverts do not exceed 25% of the applicable number on any relevant business day.
Where paid matter approaches the cap, plan editorial or unpaid community-interest programming to meet the remainder of the applicable hours.
Set up audio-recording and archival systems (s 11):
Record either a whole-day audio archive, a daytime-hours archive, or discrete recordings that cover only the applicable hours; the instrument allows any of these approaches (s 11(1) note).
Implement a retention schedule that by default keeps audio records for at least 30 days, and for 60 days if a complaint relates to the material (s 11(2)). Build the capacity to store records for longer periods if ACMA specifies a longer period in writing (s 11(2)(3)).
Index and tag audio files so the applicable number of hours and qualifying material are quickly locatable for each relevant business day.
Compile and publish local content statements (s 12):
For each relevant business day, compile a local content statement that sets out the regular program schedule for each day of the week and identifies which programs/parts are material of local significance (s 12(1)-(3)).
For each listed program, state whether it was produced in, hosted in, or relates to the licence area (s 12(3)(b)).
Include the date or time period covered by the statement (s 12(3)(c)). Where applicable, use a reference such as “week commencing X” or a quarterly range.
Publish the current local content statement on the licensee’s website, or ensure staff can provide copies to any person on request (s 12(4)). Keep a copy for the greater of 18 months from the day after the broadcast or a longer period specified by ACMA (s 12(6)).
Prepare for ACMA requests and potential specification of longer retention (ss 11(2)(3), 11(3), 12(5), 12(6)):
Ensure a mechanism exists to respond to written ACMA requests for records or local content statements “as soon as practicable” by having backups, centralised logs, and a named compliance contact.
Monitor ACMA communications for any written specifications that require longer retention and implement them immediately for the licence concerned.
Operationalise “hosted in” requirements (s 9(2)):
Avoid relying on remote announcers or syndicated content for material intended to count as “hosted in”.
Where voice-tracking or pre-recorded inserts are used, ensure the physical location of announcers at the time of scheduled broadcast complies with s 9(2) if those items are intended to count.
Train staff and create compliance-check workflows:
Train programming, production and sales teams on the distinctions between produced/hosted/relates and on the 25% paid advertising cap.
Implement a daily compliance checklist that ties into the broadcast log and audio archives to confirm that the applicable number of hours has been broadcast and that records/statements have been updated.
Reconcile legacy obligations from the repealed 2014 instrument (ss 11(4), 12(7)):
Identify records and local content statements created before commencement under the 2014 instrument and retain them for the periods specified in the 2014 instrument as required by ss 11(4) and 12(7).
Confirm that any pre-commencement compliance actions are documented and retained.
Legal review and contingency planning:
Seek ACMA guidance or written confirmation if classification of borderline content (e.g. whether it “relates to” the licence area under s 9(4)) is uncertain.
Document decision-making rationales and keep contemporaneous records of why items are claimed as material of local significance to defend ACMA queries.
Commercial contracts and sponsorship agreements:
Revise sales and sponsorship agreements to reflect that paid sponsorship may only constitute up to 25% of the applicable hours on relevant business days (s 10(2)), and include scheduling clauses to manage this cap.
If necessary, adjust pricing or bundling arrangements to accommodate the statutory cap.
Internal audit and monitoring:
Institute periodic internal audits to test whether recorded metadata, audio archives and local content statements substantiate claimed compliance.
Run scenario tests to ensure that the station can produce required records within the “as soon as practicable” timeframe if ACMA requests them.
By following these steps and mapping each operational process to the corresponding statutory section, a licence-holder can create an auditable paper and audio trail. The central compliance controls are metadata capture (production and hosting locations and activities), robust audio archival systems, and timely public disclosure of local content statements.
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
3 Authority
This instrument is made under subsection 43(1) of the Act.
4 Repeal of the Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014
The Broadcasting Services (Regional Commercial Radio– Material of Local Significance) Licence Condition 2014 (F2014L01263) is repealed.
5 Purpose and Application
(1) For subsection 43(1) of the Act:
the purpose of this instrument is, pursuant to subsection 43C(1) of the Act, to impose conditions on a regional commercial radio broadcasting licence; and
those conditions create obligations on the person who holds the licence.
(2) This instrument does not apply to a regional commercial radio broadcasting licence that is:
a remote area service radio licence;
a regional racing service radio licence; or
a licence allocated under subsection 40(1) of the Act.
PART 2 TERMS USED IN THIS INSTRUMENT
6 Definitions
In this instrument:
Act means the Broadcasting Services Act 1992.
licensee means a person who holds a regional commercial radio broadcasting licence other than a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Act.
material of local significance has the meaning given by section 8.
relevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.
Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement [see Division 5C of Part 5], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence [see section 8AF], remote area service radio licence, trigger event [see Division 5C of Part 5].
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
8 Meaning of material of local significance
(1) Material that is broadcast by a licensee is material of local significance if:
it complies with subsection (2) or (3); and
subsection (4) does not apply.
General rule
(2) Material is material of local significance if it:
is hosted in; or
is produced in; or
relates to;
the licence area of the regional commercial radio broadcasting licence.
Local news and information
(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.
Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.
Announcements about material
(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.
9 Definitions relating to material of local significance
Meaning of produced in the licence area
(1) Material is produced in the licence area if:
one or more individuals in the licence area direct the creative and administrative aspects of the production of the material; and
two or more of the following activities occur in the licence area:
compilation;
developing and implementing programming concepts;
editing;
researching;
scripting;
technical operation;
any other activity relating to the creative and administrative aspects
of the production of the material.
Meaning of hosted in the licence area
(2) Material is hosted in the licence area if each announcer of the material, including an announcer of a particular item of music that forms part of the material, is in the licence area when the material is broadcast.
Meaning of relates to the licence area
(3) Material relates to the licence area if it relates to any of the following matters:
an economic issue as it affects the licence area;
a government or political issue as it affects the licence area;
a social issue as it affects the licence area;
an education issue as it affects the licence area;
a health issue as it affects the licence area;
an employment issue as it affects the licence area;
an event in the licence area, including an event that has not yet occurred;
a person or organisation associated with the licence area;
the views of a person or organisation associated with the licence area;
weather conditions in the licence area;
a cultural interest, or an issue relating to culture, as it affects the licence area;
the natural or built environment in the licence area;
a body, operating in the licence area, that deals with community, welfare, religious, educational or other community service;
an emergency warning broadcast at the request of an emergency service agency.
(4) Material of any kind that is not described in subsection (3) relates to the licence area if a direct and substantial relationship between the material and the licence area exists.
PART 3 LICENCE CONDITIONS
10 Licensee must broadcast material of local significance
(1) During daytime hours on a relevant business day, a licensee must broadcast the applicable number of hours of material of local significance.
(2) For subsection (1), if:
material of local significance is advertising or sponsorship matter; and
the licensee has received, or is entitled to receive, a payment or other consideration for broadcasting that material;
the advertising or sponsorship matter must comprise not more than 25% of the applicable number of hours on a relevant business day.
Note: For the applicable number of hours see section 4 of the Broadcasting (Hours of Local Content) Declaration No. 1 of 2017.
PART 4 RECORD KEEPING
11 Records
(1) For each relevant business day after the commencement of this instrument, a licensee must make a record, in audio form, of the applicable number of hours of material of local significance that it has broadcast in its licence area during daytime hours on that relevant business day.
Note: A licensee may keep a record for this subsection by making an audio recording of a whole day of material, of material broadcast during daytime hours (ie 5.00 am to 8.00pm) or of material that is the duration of the applicable hours only.
(2) The licensee must keep a record made for subsection (1) for the longest of the following periods:
30 days from the date on which the material was broadcast;
if a complaint has been made in relation to material contained in the broadcast – 60 days from the date on which the material was broadcast; or
a longer period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
(3) If the ACMA asks the licensee in writing for access to a record kept under this section, the licensee must comply with the request as soon as practicable.
Transitional provision
(4) If, before the commencement of this instrument, a licensee was required to make a record under section 9 of the Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2014, the licensee must keep that record for the period specified in that section as if that instrument had not been revoked.
12 Material of local significance—local content statements
(1) For each relevant business day after the commencement of this instrument, a licensee must compile a local content statement in relation to the material of local significance that is to be broadcast in its licence area during daytime hours on that relevant business day.
(2) A local content statement must record the material of local significance to be broadcast on a relevant business day by setting out the regular program schedule for each day of the week.
(3) A local content statement made under subsection (2), must state:
which programs or parts of programs are material of local significance;
whether the material was produced in, hosted in, or relates to the licence area; and
the date or time period covered by the statement.
Note: For paragraph (3)(c), the time period covered by a local content statement might be indicated by a reference such as ‘July to September 2024’ or ‘week commencing 8 July 2024’.
(4) The licensee must make its current local content statement available to the public by either:
publishing local content statements on its website; or
providing copies of local content statements to any person, on request.
(5) If the ACMA asks the licensee in writing for access to a local content statement kept under this section, the licensee must comply with the request as soon as practicable.
(6) The licensee must keep a copy of a local content statement for the greater of:
18 months starting on the day after the broadcast; and
another period specified by the ACMA, in writing.
Note: This subsection does not affect any other requirement of the licensee to retain records in relation to material that it broadcasts (see, for example, Part 2 of Schedule 2 to the Act).
Transitional provision
(7) If, before the commencement of this instrument, a licensee was required to make, keep and publish a local content statement under section 10 of the Broadcasting Services (Regional Commercial Radio –Material of Local Significance) Licence Condition 2014, the licensee must comply with that section as if that instrument had not been revoked.
6 Definitions
6 Definitions
In this instrument:
Act means the Broadcasting Services Act 1992.
licensee means a person who holds a regional commercial radio broadcasting licence other than a remote area service radio licence, a regional racing service radio licence or a licence allocated under subsection 40(1) of the Act.
material of local significance has the meaning given by section 8.
relevant business day means, in respect of a licensee, a business day other than a business day that falls within a local content exemption period for the licensee.
Note: The following terms used in this instrument are defined in the Act and have the same meaning as in that Act: the ACMA, applicable number, community service announcement [see Division 5C of Part 5], daytime hours, emergency service agency, licence, licence area, local content exemption period (see section 8AE), regional commercial radio broadcasting licence, regional racing service radio licence [see section 8AF], remote area service radio licence, trigger event [see Division 5C of Part 5].
7 References to other instruments
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
8 Meaning of material of local significance
8 Meaning of material of local significance
(1) Material that is broadcast by a licensee is material of local significance if:
it complies with subsection (2) or (3); and
subsection (4) does not apply.
General rule General rule
General rule
(2) Material is material of local significance if it:
is hosted in; or
is produced in; or
relates to;
the licence area of the regional commercial radio broadcasting licence.
Local news and information Local news and information
Local news and information
(3) Material is also material of local significance if it is broadcast by a licensee in compliance with obligations under Subdivision B of Division 5C of Part 5 of the Act.
Note: The obligations under Subdivision B of Division 5C of Part 5 of the Act apply after a trigger event has occurred for a regional commercial radio broadcasting licence.
Announcements about material Announcements about material
Announcements about material
(4) An announcement (including a station promotion) that material of local significance will be broadcast at a later time is not itself material of local significance.
9 Definitio
This is an opening excerpt, not the complete document.
Broadcasting Services (Regional Commercial Radio – Material of Local Significance) Licence Condition 2024 | Zoe