BROADCASTING SERVICES AMENDMENT (REGIONAL COMMERCIAL RADIO) ACT 2012 (NO. 34, 2012) - SCHEDULE 1 Amendments commencing on the day after Royal Assent
BROADCASTING SERVICES AMENDMENT (REGIONAL COMMERCIAL RADIO) ACT 2012 (NO. 34, 2012) - SCHEDULE 1
Amendments commencing on the day after Royal Assent
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
(c) Remote Commercial Radio Service Western Zone RA1.
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;
(c) if, on a particular day, content other than racing content is 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:
(3) For the purposes of this section, racing content means content that consists of:
(a) coverage of a horse race, a harness race or a greyhound race; or
(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; or
(c) other material that is broadcast during an hour, so long as that 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 2012 .
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 2012 , 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
(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
(c) if neither paragraph (a) nor (b) applies--on a business day 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
(c) allocated under subsection 40(1).
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
(b) if the ACMA, by legislative instrument, specifies a period that does not exceed 5 weeks--on a day during that period; or
(c) if neither paragraph (a) nor (b) applies--on a day during the 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.
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.