BROADCASTING SERVICES AMENDMENT (REGIONAL COMMERCIAL RADIO) BILL 2011 [2012]

i Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. ,

2011

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Amendments commencing on the day after Royal

Assent

Australian Communications and Media Authority Act 2005

Broadcasting Services Act 1992

Schedule 2--Amendments commencing on Proclamation

Broadcasting Services Act 1992

Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. , 2011

A Bill for an Act to amend the Broadcasting

Services Act 1992, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Broadcasting Services Amendment

(Regional Commercial Radio) Act 2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. ,

2011

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

The day after this Act receives the Royal

Assent.

3. Schedule 2

A single day to be fixed by Proclamation.

However, if the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendments commencing on the day after Royal Assent Schedule 1

Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. , 2011

Schedule 1--Amendments commencing on

the day after Royal Assent

Australian Communications and Media Authority Act 2005

1 After section 16

Insert:

16A Consistency with Australia-United States Free Trade

Agreement

The ACMA must perform its broadcasting, content and datacasting

functions, and exercise its powers relating to those functions, in a

manner consistent with Australia's obligations under the

Australia-United States Free Trade Agreement, done at

Washington DC on 18 May 2004, as amended from time to time.

Note:

The text of the Agreement is set out in Australian Treaty Series 2005

No. 1 ([2005] ATS 1). In 2011, the text of an Agreement in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

Broadcasting Services Act 1992

2 Subsection 6(1)

Insert:

regional racing service radio licence has the meaning given by

section 8AF.

3 Subsection 6(1)

Insert:

remote area service radio licence means a regional commercial

radio broadcasting licence (within the meaning of Division 5C of

Part 5) the licence area of which is:

(a) Remote Commercial Radio Service Central Zone RA1; or

(b) Remote Commercial Radio Service North East Zone RA1; or

Schedule 1 Amendments commencing on the day after Royal Assent

4 Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. ,

2011

4 After section 8AE

Insert:

8AF Regional racing service radio licence

(1) For the purposes of this Act, a regional racing service radio

licence is a regional commercial radio broadcasting licence (within

the meaning of Division 5C of Part 5), where the following

conditions are satisfied in relation to a broadcasting service

provided under the licence:

(a) the broadcasting service is promoted, on the broadcasting

service:

(i) as a broadcasting service of interest mainly to persons

involved in horse racing, harness racing or greyhound

racing; or

(ii) using the phrase "racing radio service";

(b) the racing content percentage, in relation to the broadcasting

service, is 60% or more for each day, other than Christmas

Day and Good Friday;

broadcast on the broadcasting service--a significant

proportion of that content is:

(i) relevant to horse racing, harness racing or greyhound

racing; or

(ii) of interest mainly to persons involved in horse racing,

harness racing or greyhound racing.

(2) For the purposes of this section, racing content percentage means

the percentage worked out using the following formula:

Total number of minutes

of racing content

broadcast on the day on

the broadcasting service

100

Total number of minutes

of content broadcast

on the day on the

broadcasting service

�

(3) For the purposes of this section, racing content means content that

consists of:

Amendments commencing on the day after Royal Assent Schedule 1

Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. , 2011

(a) coverage of a horse race, a harness race or a greyhound race;

(b) information directly related to horse racing, harness racing or

greyhound racing, including:

(i)

selections;

and

(ii)

scratchings;

and

(iii) betting information; and

(iv)

track

conditions;

material:

(i) is broadcast between 2 races of a kind referred to in

paragraph (a); and

(ii) is not broadcast for more than 15 minutes of the hour.

5 At the end of subsection 43B(1)

Add:

Note:

For transitional provisions, see Schedule 1 to the Broadcasting

Services Amendment (Regional Commercial Radio) Act 2011.

6 After subsection 43B(1)

Insert:

(1A) The ACMA must ensure that, at all times after the commencement

of Schedule 2 to the Broadcasting Services Amendment (Regional

Commercial Radio) Act 2011, there is in force under section 43 a

condition that has the effect of requiring that, if a trigger event for

a regional commercial radio broadcasting licence occurs after the

commencement of that Schedule, then, throughout the 24-month

period beginning when the trigger event occurs, the licensee must

maintain at least the existing level of local presence.

Note:

A trigger event cannot occur in relation to a regional commercial radio

broadcasting licence that was allocated under subsection 40(1): see

section 50A.

7 After subsection 43B(4)

Insert:

(4A) The condition does not apply to a regional commercial radio

broadcasting licence that is:

(a) a remote area service radio licence; or

Schedule 1 Amendments commencing on the day after Royal Assent

6 Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. ,

2011

(b) a regional racing service radio licence.

8 After subsection 43C(1)

Insert:

(1A) A licence condition imposed as a result of subsection (1) does not

require a licensee (the relevant licensee) to broadcast material:

(a)

if:

(i) the ACMA, by legislative instrument, specifies a period,

in relation to one or more specified regional commercial

radio broadcasting licensees; and

(ii) the period does not exceed 5 weeks; and

(iii) the licensees specified in the instrument consist of or

include the relevant licensee;

on a business day during that period; or

(b) if the ACMA, by legislative instrument, specifies a period

that does not exceed 5 weeks--on a business day during that

period; or

during the 5-week period beginning on the second Monday in

December each year.

A period specified under paragraph (a) or (b) may be a recurring

period.

9 After subsection 43C(2)

Insert:

Exclusion of certain licences

(2A) The condition does not apply to a regional commercial radio

broadcasting licence that is:

(a) a remote area service radio licence; or

(b) a regional racing service radio licence; or

10 Subsections 43C(4) to (4C)

Repeal the subsections, substitute:

(4) A declaration under paragraph (3)(b) or subparagraph (3)(c)(i)

must not declare a number that exceeds 4.5.

Amendments commencing on the day after Royal Assent Schedule 1

Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. , 2011

(4A) Subsection (3) has effect subject to subsection (4B).

(4B) If the number worked out using the formula in subsection (4C) in

relation to a regional commercial radio broadcasting licence

exceeds 4.5, then:

(a) if the number worked out using the formula in

subsection (4D) in relation to the licence exceeds zero--that

number is taken to be the applicable number for the licence

for the purposes of the application of subsection (1) to the

licence; or

(b) otherwise--the condition does not apply to the licence.

(4C) The formula is as follows:

Unadjusted applicable

Australian music

number

where:

Australian music number means the number of hours of

Australian music that the licensee must broadcast each day in order

to comply with a code of practice:

(a) registered under section 123; and

(b) that deals with Australian music.

unadjusted applicable number means the number that, apart from

subsection (4B), is the applicable number for the licence under

subsection (3).

(4D) The formula is as follows:

4.5

Australian music number

where:

Australian music number means the number of hours of

Australian music that the licensee must broadcast each day in order

to comply with a code of practice:

(a) registered under section 123; and

(b) that deals with Australian music.

11 Subsection 43C(8)

Insert:

Schedule 1 Amendments commencing on the day after Royal Assent

8 Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. ,

2011

Australian music means music performed by one or more persons

who are citizens of, or are ordinarily resident in, Australia.

12 Subsection 43C(8)

Insert:

music does not include the following:

(a) music in advertisements;

(b) music in program promotions;

(d) theme or bridging music.

13 After section 61CA

Insert:

61CAA This Division does not apply in relation to certain licences

This Division does not apply in relation to:

(a) a remote area service radio licence; or

(b) a regional racing service radio licence.

Note:

This Division does not apply to a regional commercial radio

broadcasting licence allocated under subsection 40(1): see

section 50A.

14 Section 61CD

Before "If", insert "(1)".

15 At the end of section 61CD

Add:

(2) A licensee (the relevant licensee) is not required to meet any of the

minimum service standards referred to in subsection (1):

(a)

if:

(i) the ACMA, by legislative instrument, specifies a period,

in relation to one or more specified regional commercial

radio broadcasting licensees; and

(ii) the period does not exceed 5 weeks; and

(iii) the licensees specified in the instrument consist of or

include the relevant licensee;

on a day during that period; or

Amendments commencing on the day after Royal Assent Schedule 1

Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. , 2011

(b) if the ACMA, by legislative instrument, specifies a period

that does not exceed 5 weeks--on a day during that period;

5-week period beginning on the second Sunday in December

each year.

A period specified under paragraph (a) or (b) may be a recurring

period.

16 Transitional--local presence

Scope

(1)

This item applies if there is in force a licence condition imposed as a

result of subsection 43B(1) of the Broadcasting Services Act 1992.

Condition

(2)

The condition has effect, in relation to a trigger event that occurred

before the commencement of this item, as if the requirement to maintain

at least the existing level of local presence after the occurrence of the

event were instead a requirement to maintain at least the existing level

of local presence throughout the period:

(a) beginning when the trigger event occurred; and

(b) ending 24 months after the commencement of this item.

(3)

The condition has effect, in relation to a trigger event that occurs during

the period:

(a) beginning at the commencement of this item; and

(b) ending at the commencement of Schedule 2;

as if the requirement to maintain at least the existing level of local

presence after the occurrence of the event were instead a requirement to

maintain at least the existing level of local presence throughout the

24-month period beginning when the trigger event occurs.

(4)

The condition does not apply in relation to a trigger event that occurs

after the commencement of Schedule 2.

Schedule 1 Amendments commencing on the day after Royal Assent

10 Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. ,

2011

Exception--remote area service and regional racing service radio

licences

(5)

The condition does not apply to a regional commercial radio

broadcasting licence that is:

(a) a remote area service radio licence; or

(b) a regional racing service radio licence.

Amendments commencing on Proclamation Schedule 2

Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. , 2011

Schedule 2--Amendments commencing on

Proclamation

Broadcasting Services Act 1992

1 Subsection 6(1)

Insert:

de facto partner of a person has the meaning given by the Acts

Interpretation Act 1901.

2 Subsection 6(1)

Insert:

near relative, in relation to a person, means:

(a) a parent, step-parent, child, stepchild, grandparent,

grandchild, brother or sister of the person; or

(b) the spouse of the first-mentioned person.

3 Subsection 6(1) (definition of spouse)

Omit "within the meaning of the Acts Interpretation Act 1901".

4 Subsection 6(1)

Insert:

stepchild: without limiting who is a stepchild of a person for the

purposes of this Act, someone who is a child of a de facto partner

of the person is the stepchild of the person if he or she would be

the person's stepchild except that the person is not legally married

to the partner.

5 Subsection 6(1)

Insert:

step-parent: without limiting who is a step-parent of a person for

the purposes of this Act, someone who is a de facto partner of a

parent of the person is the step-parent of the person if he or she

would be the person's step-parent except that he or she is not

legally married to the person's parent.

Schedule 2 Amendments commencing on Proclamation

12 Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. ,

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6 Subsection 6(3)

After "(1)", insert "and the definition of near relative in

subsection (1)".

7 Subsection 43B(1)

Repeal the subsection.

8 At the end of paragraph 61CB(1)(b)

Add "and".

9 After paragraph 61CB(1)(b)

Insert:

paragraph;

10 After subsection 61CB(1)

Insert:

Change in control of licence

(1A) For the purposes of this Division, if either of the following events

(a control event) happens after the commencement of this

subsection:

(a) a person starts to be in a position to exercise control of a

regional commercial radio broadcasting licence;

(b) a person ceases to be in a position to exercise control of a

regional commercial radio broadcasting licence;

the control event is a trigger event for the licence.

(1B) Subsection (1A) does not apply to a control event if:

(a) the control event is attributable to a transfer of shares from

one person (the first person) to another person (the second

person); and

(b) there is no consideration for the transfer; and

Note: For

near relative, see subsection 6(1).

(1C) Subsection (1A) does not apply to a control event if the control

event is attributable to circumstances beyond the control of each

person who was, immediately before the control event occurred, in

Amendments commencing on Proclamation Schedule 2

Broadcasting Services Amendment (Regional Commercial Radio) Bill 2011 No. , 2011

a position to exercise control of the regional commercial radio

broadcasting licence concerned.

(1D) The regulations may provide for exemptions from subsection (1A).

11 After subsection 61CB(2)

Insert:

(2A) Subsection (2) does not apply to a registrable media group that

comes into existence after the commencement of this subsection

only because the ACMA varies, under section 29, the designation

of a licence area.

(2B) Subsection (2) does not apply to a registrable media group that

comes into existence after the commencement of this subsection

only because the ACMA makes or varies a determination, under

section 30, of the licence area population of a licence area.

(2C) The regulations may provide for exemptions from subsection (2).

12 At the end of section 61CB

Add:

(4) Subsection (3) does not apply to a change of controller of a

registrable media group if the change of controller is attributable to

circumstances beyond the control of each person who was,

immediately before the change occurred, a controller of the

registrable media group.

(5) The regulations may provide for exemptions from subsection (3).

13 Transitional--local presence

(1)

The repeal of subsection 43B(1) of the Broadcasting Services Act 1992

by this Schedule does not affect the continuity of a condition imposed,

before the commencement of this item, as a result of that subsection.

(2)

Subitem (1) is enacted for the avoidance of doubt.

(3)

Subitem (1) does not prevent the revocation, under section 43 of the

Broadcasting Services Act 1992, of the condition.

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BROADCASTING SERVICES AMENDMENT (REGIONAL COMMERCIAL RADIO) BILL 2011 [2012]