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Broadcasting Services Amendment (Media Ownership) Bill 2006

Schedule 2 Amendments commencing on Proclamation

   

Broadcasting Services Act 1992

1  Paragraph 3(1)(d)

Repeal the paragraph.

1A  After paragraph 3(1)(e)

Insert:

                    (ea)  to promote the availability to audiences throughout Australia of television and radio programs about matters of local significance; and

2  Subsection 6(1) (definition of foreign person )

Repeal the definition.

3  After section 43

Insert:

43A   Material of local significance—regional aggregated commercial television broadcasting licences

             (1)  The ACMA must ensure that, at all times on and after 1 January 2008, there is in force under section 43 a condition that has the effect of requiring the licensee of a regional aggregated commercial television broadcasting licence to broadcast to each local area, during such periods as are specified in the condition, at least a minimum level of material of local significance.

             (2)  For the purposes of subsection (1), a regional aggregated commercial television broadcasting licence is a commercial television broadcasting licence for any of the following licence areas:

                     (a)  Northern New South Wales;

                     (b)  Southern New South Wales;

                     (c)  Regional Victoria;

                     (d)  Eastern Victoria;

                     (e)  Western Victoria;

                      (f)  Regional Queensland;

                     (g)  Tasmania.

             (3)  The condition must define local area and material of local significance for the purposes of the condition. The definition of material of local significance must be broad enough to cover news that relates directly to the local area concerned.

             (4)  To avoid doubt, this section does not:

                     (a)  prevent the condition from setting out different requirements for different types of material; or

                     (b)  prevent the condition from specifying periods that recur (for example, the hours between 7 am and 10 am Monday to Friday); or

                     (c)  prevent the condition from setting out different requirements for different periods; or

                     (d)  create any obligations under subsection 43(2) that would not exist apart from this section.

             (5)  Subsection 43(5) does not apply to the condition.

             (6)  This section does not limit the powers conferred on the ACMA by section 43 to impose, vary or revoke other conditions.

43B   Local presence—regional commercial radio broadcasting licences

             (1)  The ACMA must ensure that, at all times after the commencement of this section, 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, then, after the occurrence of the event, the licensee must maintain at least the existing level of local presence.

             (2)  The condition must define existing level of local presence for the purposes of the condition.

             (3)  The definition must deal with:

                     (a)  staffing levels; and

                     (b)  studios and other production facilities.

             (4)  Subsection (3) does not limit subsection (2).

             (5)  To avoid doubt, this section does not create any obligations under subsection 43(2) that would not exist apart from this section.

             (6)  Subsection 43(5) does not apply to the condition.

             (7)  This section does not limit the powers conferred on the ACMA by section 43 to impose, vary or revoke other conditions.

             (8)  The Minister may give the ACMA a written direction about the fulfilment of the obligation imposed on the ACMA by this section.

             (9)  The ACMA must comply with a direction under subsection (8).

           (10)  In this section:

regional commercial radio broadcasting licence has the same meaning as in Division 5C of Part 5.

staff includes individuals engaged as independent contractors.

trigger event has the same meaning as in Division 5C of Part 5.

43C   Local content—regional commercial radio broadcasting licences

             (1)  The ACMA must ensure that, at all times on and after 1 January 2008, there is in force under section 43 a condition that has the effect of requiring the licensee of a regional commercial radio broadcasting licence to broadcast, during daytime hours each business day, at least the applicable number of hours of material of local significance.

Material of local significance

             (2)  The condition must define material of local significance for the purposes of the condition. If a regional commercial radio broadcasting licensee is required to comply with section 61CD, the definition of material of local significance must be broad enough to cover material that the licensee must broadcast in order to comply with that section.

Applicable number

             (3)  For the purposes of the application of subsection (1) to a regional commercial radio broadcasting licence, the applicable number is:

                     (a)  4.5; or

                     (b)  if the Minister, by legislative instrument, declares that another number is the applicable number for regional commercial radio broadcasting licences generally—the other number; or

                     (c)  if:

                              (i)  the Minister, by legislative instrument, declares that another number is the applicable number for a specified class of regional commercial radio broadcasting licences; and

                             (ii)  the regional commercial radio broadcasting licence is included in that class;

                            the other number.

             (4)  Before 30 June 2007, the Minister must cause to be conducted a review of:

                     (a)  whether:

                              (i)  a declaration should be made under paragraph (3)(b); or

                             (ii)  one or more declarations should be made under subparagraph (3)(c)(i); and

                     (b)  the number or numbers that should be specified in the declaration or declarations concerned; and

                     (c)  in the case of a declaration or declarations under subparagraph (3)(c)(i)—the class or classes that should be specified in the declaration or declarations concerned.

          (4A)  The Minister must cause to be prepared a report of a review under subsection (4).

          (4B)  The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the report.

          (4C)  Before the end of whichever of the following periods ends first:

                     (a)  the period of 15 sitting days of the House of Representatives after the completion of the report;

                     (b)  the period of 15 sitting days of the Senate after the completion of the report;

the Minister must:

                     (c)  either:

                              (i)  make a declaration under paragraph (3)(b); or

                             (ii)  make one or more declarations under subparagraph (3)(c)(i); and

                     (d)  cause a copy of each such declaration to be laid before each House of the Parliament in accordance with section 38 of the Legislative Instruments Act 2003 .

Section 43 powers etc.

             (5)  To avoid doubt, this section does not create any obligations under subsection 43(2) that would not exist apart from this section.

             (6)  Subsection 43(5) does not apply to the condition.

             (7)  This section does not limit the powers conferred on the ACMA by section 43 to impose, vary or revoke other conditions.

Definitions

             (8)  In this section:

daytime hours means the hours:

                     (a)  beginning at 6 am each day or, if another time is prescribed, beginning at that prescribed time each day; and

                     (b)  ending at 6 pm on the same day or, if another time is prescribed, ending at that prescribed time on the same day.

metropolitan licence area means:

                     (a)  a licence area in which is situated the General Post Office of the capital city of:

                              (i)  New South Wales; or

                             (ii)  Victoria; or

                            (iii)  Queensland; or

                            (iv)  Western Australia; or

                             (v)  South Australia; or

                     (b)  the licence area known as Western Suburbs Sydney RA1.

regional commercial radio broadcasting licence means a commercial radio broadcasting licence that has a regional licence area.

regional licence area means a licence area that is not a metropolitan licence area.

4  Division 4 of Part 5

Repeal the Division.

5  Division 5 of Part 5 (heading)

Repeal the heading, substitute:

Division 5 Newspapers associated with licence areas

6  Sections 60 and 61

Repeal the sections.

7  After Division 5A of Part 5

Insert:

Division 5B Disclosure of cross-media relationships

61BA   Definitions

                   In this Division:

media operation means:

                     (a)  a commercial television broadcasting licence; or

                     (b)  a commercial radio broadcasting licence; or

                     (c)  a newspaper that is associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence.

prime-time hours means the hours:

                     (a)  beginning at 6 am each day or, if another time is prescribed, beginning at that prescribed time each day; and

                     (b)  ending at 10 am on the same day or, if another time is prescribed, ending at that prescribed time on the same day.

set of media operations means:

                     (a)  a commercial television broadcasting licence and a commercial radio broadcasting licence that have the same licence area; or

                     (b)  a commercial television broadcasting licence and a newspaper that is associated with the licence area of the licence; or

                     (c)  a commercial radio broadcasting licence and a newspaper that is associated with the licence area of the licence.

61BB   Disclosure of cross-media relationship by commercial television broadcasting licensee

Scope

             (1)  This section applies if:

                     (a)  a person is in a position to exercise control of each media operation in a set of media operations; and

                     (b)  a commercial television broadcasting licence is in the set; and

                     (c)  the licensee broadcasts matter that is wholly or partly about:

                              (i)  the business affairs of a commercial radio broadcasting licensee whose licence is in the set; or

                             (ii)  the business affairs of the publisher of a newspaper that is in the set.

Note:          For business affairs , see section 61BH.

Requirement to disclose cross-media relationship

             (2)  If subparagraph (1)(c)(i) applies, the commercial television broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial television broadcasting licensee and the commercial radio broadcasting licensee.

             (3)  It is sufficient if the statement under subsection (2) is to the effect that there is a cross-media relationship between the commercial television broadcasting licensee and the commercial radio broadcasting licensee.

             (4)  If subparagraph (1)(c)(ii) applies, the commercial television broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial television broadcasting licensee and the publisher of the newspaper.

             (5)  It is sufficient if the statement under subsection (4) is to the effect that there is a cross-media relationship between the commercial television broadcasting licensee and the publisher of the newspaper.

How statement is to be broadcast

             (6)  A statement under subsection (2) or (4) must be broadcast in a way that will adequately bring it to the attention of a reasonable person who may have viewed the broadcast mentioned in paragraph (1)(c).

             (7)  The regulations may provide that subsection (6) is taken to have been complied with if the statement is broadcast in the manner, and at the time, specified in, or ascertained in accordance with, the regulations.

61BC   Choice of disclosure method—commercial radio broadcasting licensee

Notice of choice may be given to the ACMA

             (1)  A commercial radio broadcasting licensee may give the ACMA a written notice making a choice that section 61BE apply to the licensee with effect from a Sunday specified in the notice.

Note:          If a notice is not given, section 61BD applies to the licensee.

When notice must be given

             (2)  A notice under subsection (1) must be given at least 5 business days before the Sunday specified in the notice.

Duration of notice

             (3)  A notice under subsection (1):

                     (a)  comes into force at the beginning of the Sunday specified in the notice; and

                     (b)  unless sooner revoked, remains in force indefinitely.

Revocation of notice

             (4)  If a notice under subsection (1) is in force in relation to a commercial radio broadcasting licensee, the licensee may, by written notice given to the ACMA, revoke the subsection (1) notice with effect from the end of a Saturday specified in the revocation notice.

             (5)  A notice under subsection (4) must be given at least 5 business days before the Saturday specified in the notice.

Notices to be available on the Internet

             (6)  If a notice is in force under subsection (1), the ACMA must make a copy of the notice available on the Internet.

61BD   Disclosure of cross-media relationship by commercial radio broadcasting licensee—business affairs disclosure method

Scope

             (1)  This section applies if:

                     (a)  a person is in a position to exercise control of each media operation in a set of media operations; and

                     (b)  a commercial radio broadcasting licence is in the set; and

                     (c)  the licensee broadcasts matter that is wholly or partly about:

                              (i)  the business affairs of a commercial television broadcasting licensee whose licence is in the set; or

                             (ii)  the business affairs of the publisher of a newspaper that is in the set; and

                     (d)  a notice under subsection 61BC(1) is not in force in relation to the commercial radio broadcasting licensee.

Note:          For business affairs , see section 61BH.

Requirement to disclose cross-media relationship

             (2)  If subparagraph (1)(c)(i) applies, the commercial radio broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.

             (3)  It is sufficient if the statement under subsection (2) is to the effect that there is a cross-media relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.

             (4)  If subparagraph (1)(c)(ii) applies, the commercial radio broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

             (5)  It is sufficient if the statement under subsection (4) is to the effect that there is a cross-media relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

How statement is to be broadcast

             (6)  A statement under subsection (2) or (4) must be broadcast in a way that will adequately bring it to the attention of a reasonable person who may have listened to the broadcast mentioned in paragraph (1)(c).

             (7)  The regulations may provide that subsection (6) is taken to have been complied with if the statement is broadcast in the manner, and at the time, specified in, or ascertained in accordance with, the regulations.

61BE   Disclosure of cross-media relationship by commercial radio broadcasting licensee—regular disclosure method

Scope

             (1)  This section applies if:

                     (a)  a person is in a position to exercise control of each media operation in a set of media operations; and

                     (b)  a commercial radio broadcasting licence is in the set; and

                     (c)  a notice under subsection 61BC(1) is in force in relation to the commercial radio broadcasting licensee.

Requirement to disclose cross-media relationship

             (2)  If a commercial television broadcasting licence is in the set, the commercial radio broadcasting licensee must regularly broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.

             (3)  It is sufficient if the statement under subsection (2) is to the effect that there is a cross-media relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.

             (4)  If a newspaper is in the set, the commercial radio broadcasting licensee must regularly broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

             (5)  It is sufficient if the statement under subsection (4) is to the effect that there is a cross-media relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

How statement is to be broadcast

             (6)  Statements under subsection (2) or (4) are to be broadcast in a way, and with a frequency, that is reasonably likely to ensure that the audience of the commercial radio broadcasting service during prime-time hours is aware that:

                     (a)  in the case of statements under subsection (2)—there is a relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee; or

                     (b)  in the case of statements under subsection (4)—there is a relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

             (7)  A commercial radio broadcasting licensee is taken to have complied with subsection (6) if:

                     (a)  the statement is broadcast at least once each day during prime-time hours; and

                     (b)  the statement is broadcast in a way that will adequately bring it to the attention of a reasonable person who may have listened to the broadcast of the statement.

             (8)  The regulations may provide that a commercial radio broadcasting licensee is taken to have complied with subsection (6) if the statement is broadcast in the manner, and at the times, ascertained in accordance with the regulations.

61BF   Disclosure of cross-media relationship by publisher of newspaper

Scope

             (1)  This section applies if:

                     (a)  a person is in a position to exercise control of each media operation in a set of media operations; and

                     (b)  a newspaper is in the set; and

                     (c)  material published in a particular edition of the newspaper is wholly or partly about:

                              (i)  the business affairs of a commercial television broadcasting licensee whose licence is in the set; or

                             (ii)  the business affairs of a commercial radio broadcasting licensee whose licence is in the set.

Note:          For business affairs , see section 61BH.

Requirement to disclose cross-media relationship

             (2)  If subparagraph (1)(c)(i) applies, the publisher of the newspaper must cause to be published in the same edition of the newspaper a statement describing (whether in summary form or otherwise) the relationship between the publisher and the commercial television broadcasting licensee.

             (3)  It is sufficient if the statement under subsection (2) is to the effect that there is a cross-media relationship between the publisher and the commercial television broadcasting licensee.

             (4)  If subparagraph (1)(c)(ii) applies, the publisher of the newspaper must cause to be published in the same edition of the newspaper a statement describing (whether in summary form or otherwise) the relationship between the publisher and the commercial radio broadcasting licensee.

             (5)  It is sufficient if the statement under subsection (4) is to the effect that there is a cross-media relationship between the publisher and the commercial radio broadcasting licensee.

How statement is to be published

             (6)  A statement under subsection (2) or (4) must be published in a way that will adequately bring it to the attention of a reasonable person who may have read the material mentioned in paragraph (1)(c).

             (7)  The regulations may provide that subsection (6) is taken to have been complied with if the statement is published in the manner specified in, or ascertained in accordance with, the regulations.

Offence

             (8)  A person is guilty of an offence if:

                     (a)  the person is subject to a requirement under this section; and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty for contravention of this subsection: 2,000 penalty units.

61BG   Exception—political communication

                   Sections 61BB, 61BD, 61BE and 61BF do not apply to the extent (if any) that they would infringe any constitutional doctrine of implied freedom of political communication.

61BH   Matter or material about the business affairs of a broadcasting licensee or newspaper publisher

Matter or material about business affairs—what is included and excluded

             (1)  A reference in this Division to matter or material that is wholly or partly about the business affairs of a commercial television broadcasting licensee, a commercial radio broadcasting licensee or a newspaper publisher:

                     (a)  includes a reference to matter or material, where, having regard to:

                              (i)  the nature of the matter or material; and

                             (ii)  the way in which the matter or material is presented;

                            it would be reasonable to conclude that the object, or one of the objects, of the broadcast of the matter or the publication of the material, as the case may be, was to:

                            (iii)  promote; or

                            (iv)  otherwise influence members of the public, or of a section of the public, to view, to listen to, or to read;

                            matter broadcast, or to be broadcast, by the licensee, or material published, or to be published, in the newspaper, as the case may be; and

                     (b)  does not include a reference to:

                              (i)  a journalistic acknowledgment of a program or article as being the source of particular information; or

                             (ii)  advertising matter or advertising material, where a reasonable person would be able to distinguish the advertising matter or advertising material from other matter or material; or

                            (iii)  a program guide (see subsection (2)); or

                            (iv)  exempt matter or exempt material (see subsection (4)).

Program guide

             (2)  For the purposes of this section, a program guide is matter or material that consists of no more than:

                     (a)  a schedule of:

                              (i)  the television programs provided by 2 or more television broadcasting services; or

                             (ii)  the radio programs provided by 2 or more radio broadcasting services; or

                     (b)  a combination of:

                              (i)  a schedule covered by paragraph (a); and

                             (ii)  items of factual information, and/or items of comment, about some or all of the programs in the schedule, where each item is brief;

where the matter or material does not single out one of those services for special promotion.

             (3)  For the purposes of subsection (2):

                     (a)  a television broadcasting service is:

                              (i)  a commercial broadcasting service that provides television programs; or

                             (ii)  a national broadcasting service that provides television programs; and

                     (b)  a radio broadcasting service is:

                              (i)  a commercial broadcasting service that provides radio programs; or

                             (ii)  a national broadcasting service that provides radio programs.

Exempt matter or exempt material

             (4)  The Minister may, by legislative instrument, determine that:

                     (a)  matter included in a specified class of matter is exempt matter for the purposes of this section; and

                     (b)  material included in a specified class of material is exempt material for the purposes of this section.

             (5)  A determination under subsection (4) has effect accordingly.

Advertising

             (6)  This section does not, by implication, affect the meaning of the expression advertising when used in any other provision of this Act.

Division 5C Local news and information requirements for regional commercial radio broadcasting licensees

Subdivision A Introduction

61CA   Definitions

                   In this Division:

approved local content plan means an approved local content plan under Subdivision C.

benchmark year means:

                     (a)  in relation to a regional commercial radio broadcasting licence where a single trigger event has occurred—the 52-week period ending on the Saturday before the day on which the trigger event occurred; and

                     (b)  in relation to a regional commercial radio broadcasting licence where 2 or more trigger events have occurred—the 52-week period ending on the Saturday before the day on which the most recent trigger event occurred.

community service announcement means community information, or community promotional material, for the broadcast of which the licensee does not receive any consideration in cash or in kind.

controller has the same meaning as in Division 5A.

designated local content program means a program about matters of local significance, other than:

                     (a)  a news bulletin; or

                    (aa)  a weather bulletin; or

                     (b)  a community service announcement; or

                     (c)  an emergency warning.

draft local content plan means a draft local content plan under Subdivision C.

eligible local news bulletins means local news bulletins that meet the following requirements:

                     (a)  the bulletins are broadcast on at least 5 days during the week;

                     (b)  the bulletins broadcast on each of those days have a total duration of at least 12.5 minutes;

                     (c)  the bulletins are broadcast during prime-time hours;

                     (d)  the bulletins adequately reflect matters of local significance;

                     (e)  none of the bulletins consists wholly of material that has previously been broadcast in the licence area concerned.

eligible local weather bulletins means local weather bulletins that meet the following requirements:

                     (a)  the bulletins are broadcast on at least 5 days during the week;

                     (b)  the bulletins are broadcast during prime-time hours.

emergency service agency means:

                     (a)  a police force or service; or

                     (b)  a fire service; or

                     (c)  a body that runs an emergency service specified in the regulations.

local (except in sections 61CR and 61CS) has a meaning affected by section 61CC.

metropolitan licence area means:

                     (a)  a licence area in which is situated the General Post Office of the capital city of:

                              (i)  New South Wales; or

                             (ii)  Victoria; or

                            (iii)  Queensland; or

                            (iv)  Western Australia; or

                             (v)  South Australia; or

                     (b)  the licence area known as Western Suburbs Sydney RA1.

news bulletin means a regularly scheduled news bulletin.

prime-time hours means the hours:

                     (a)  beginning at 6 am each day or, if another time is prescribed, beginning at that prescribed time each day; and

                     (b)  ending at 10 am on the same day or, if another time is prescribed, ending at that prescribed time on the same day.

regional commercial radio broadcasting licence means a commercial radio broadcasting licence that has a regional licence area.

regional licence area means a licence area that is not a metropolitan licence area.

Register has the same meaning as in Division 5A.

registrable media group has the same meaning as in Division 5A.

trigger event has the meaning given by section 61CB.

weather bulletin means a regularly scheduled weather bulletin that is transmitted:

                     (a)  as a stand-alone bulletin; or

                     (b)  in conjunction with a news bulletin.

week means a 7-day period that begins on a Sunday.

61CB   Trigger event

Transfer of licence

             (1)  For the purposes of this Division, if:

                     (a)  a regional commercial radio broadcasting licence is held by a person; and

                     (b)  the person transfers the licence to another person;

the transfer of the licence is a trigger event for the licence.

Formation of new registrable media group

             (2)  For the purposes of this Division, if:

                     (a)  a registrable media group comes into existence; and

                     (b)  the media group is not already entered in the Register; and

                     (c)  a regional commercial radio broadcasting licence is in the group;

the coming into existence of the group is a trigger event for the licence.

Change of controller of registrable media group

             (3)  For the purposes of this Division, if:

                     (a)  either:

                              (i)  a person who is not a controller of a registrable media group becomes a controller of the group; or

                             (ii)  a controller of a registrable media group ceases to be a controller of the group; and

                     (b)  a regional commercial radio broadcasting licence is in the group;

the change of controller is a trigger event for the licence.

61CC   What is local?

             (1)  The ACMA may, by legislative instrument, define what is meant by the expression local for the purposes of the application of:

                     (a)  this Division (other than sections 61CR and 61CS); or

                     (b)  a specified provision of this Division (other than sections 61CR and 61CS);

to a specified licence area.

             (2)  In making an instrument under subsection (1), the ACMA must have regard to:

                     (a)  the areas where separate programming is provided; and

                     (b)  such other matters (if any) as the ACMA considers relevant.

Note:          Program includes advertising or sponsorship matter—see the definition of program in subsection 6(1).

Subdivision B Minimum service standards for local news and information

61CD   Licensee must meet minimum service standards for local news and information

                   If a trigger event for a regional commercial radio broadcasting licence occurs, then, after the occurrence of the trigger event, the licensee must meet:

                     (a)  minimum service standards for local news; and

                    (aa)  minimum service standards for local weather; and

                     (b)  minimum service standards for local community service announcements; and

                     (c)  minimum service standards for emergency warnings; and

                     (d)  if a declaration is in force under subsection 61CE(6)—minimum service standards for designated local content programs.

61CE   Minimum service standards for local news and information

Local news

             (1)  For the purposes of this Subdivision, a commercial radio broadcasting licensee meets the minimum service standards for local news during a particular week if, during that week, the number of eligible local news bulletins broadcast by the licensee is at least:

                     (a)  the local news target number; or

                     (b)  if the average weekly number of eligible local news bulletins broadcast under the licence during the benchmark year is a number greater than the local news target number—the greater number.

             (2)  For the purposes of subsection (1), the local news target number is:

                     (a)  5; or

                     (b)  if the Minister, by legislative instrument, declares that a greater number is the local news target number—the greater number.

Local weather

          (2A)  For the purposes of this Subdivision, a commercial radio broadcasting licensee meets the minimum service standards for local weather during a particular week if, during that week, the number of eligible local weather bulletins broadcast by the licensee is at least the local weather target number.

          (2B)  For the purposes of subsection (2A), the local weather target number is:

                     (a)  5; or

                     (b)  if the Minister, by legislative instrument, declares that a greater number is the local weather target number—the greater number.

Local community service announcements

             (3)  For the purposes of this Subdivision, a commercial radio broadcasting licensee meets the minimum service standards for local community service announcements during a particular week if, during that week, the number of local community service announcements broadcast by the licensee is at least the community service target number.

             (4)  For the purposes of subsection (3), the community service target number is:

                     (a)  1; or

                     (b)  if the Minister, by legislative instrument, declares that a greater number is the local community service target number—the greater number.

Emergency warnings

             (5)  For the purposes of this Subdivision, a commercial radio broadcasting licensee meets the minimum service standards for emergency warnings during a particular week if:

                     (a)  on one or more occasions during the week, one or more emergency service agencies asked the licensee to broadcast emergency warnings, and the licensee broadcast those warnings as and when asked to do so by those emergency service agencies; or

                     (b)  there was no occasion during the week when an emergency service agency asked the licensee to broadcast an emergency warning.

Designated local content programs

             (6)  For the purposes of this Subdivision, the Minister may, by legislative instrument, declare that a regional commercial radio broadcasting licence meets the minimum service standards for designated local content programs during a particular week if, during that week, the licensee meets such requirements in relation to designated local content programs as are specified in the declaration.

Subdivision C Local content plans

61CF   Licensee must submit draft local content plan to the ACMA

             (1)  If a trigger event for a regional commercial radio broadcasting licence occurs, the licensee must give the ACMA:

                     (a)  a draft local content plan for the licence; and

                     (b)  a statement setting out such information about the licensee’s broadcasting operations as the ACMA requires;

within 90 days after the day on which the trigger event occurs.

             (2)  If the licensee does not comply with subsection (1), the ACMA may, by legislative instrument, determine that a plan in the terms specified in the determination is the approved local content plan for the licence.

Replacement of approved local content plan

             (3)  If an approved local content plan (the original plan ) for a commercial radio broadcasting licence is in force:

                     (a)  a draft local content plan given under subsection (1) for the licence must be expressed to replace the original plan; and

                     (b)  if the draft local content plan becomes an approved local content plan for the licence—the original plan ceases to be in force.

             (4)  If:

                     (a)  the ACMA makes a determination under subsection (2) in relation to a commercial radio broadcasting licence; and

                     (b)  an approved local content plan (the original plan ) for the licence was in force immediately before the determination takes effect;

then:

                     (c)  the approved local content plan as determined by the ACMA replaces the original plan; and

                     (d)  the original plan ceases to be in force.

61CG   Content of draft or approved local content plan

                   A draft or approved local content plan for a regional commercial radio broadcasting licence must set out how the licensee will comply with section 61CD.

61CH   Approval of draft local content plan

             (1)  If a commercial radio broadcasting licensee gives the ACMA a draft local content plan under section 61CF, the ACMA must:

                     (a)  approve the plan; or

                     (b)  refuse to approve the plan.

Approval of plan

             (2)  In deciding whether to approve a draft local content plan, the ACMA must have regard to:

                     (a)  whether the plan is adequate; and

                     (b)  whether the plan is sufficiently detailed; and

                     (c)  any relevant information set out in the paragraph 61CF(1)(b) statement; and

                     (d)  such other matters (if any) as the ACMA considers relevant.

             (3)  If the ACMA approves the draft local content plan, the plan becomes an approved local content plan for the licence.

             (4)  If the ACMA approves the draft local content plan, the ACMA must give the licensee a written notice setting out the decision.

Refusal to approve plan

             (5)  If the ACMA refuses to approve the draft local content plan, the ACMA may, by legislative instrument, determine that a plan in the terms specified in the determination is the approved local content plan for the licence.

             (6)  If the ACMA refuses to approve the draft local content plan, the ACMA must give the licensee a written notice setting out the reasons for the refusal.

Occurrence of trigger event when ACMA’s decision is pending

             (7)  If:

                     (a)  a commercial radio broadcasting licensee gives the ACMA a draft local content plan under section 61CF as the result of the occurrence of a trigger event for the licence; and

                     (b)  another trigger event for the licence occurs before the ACMA makes a decision under subsection (1) in relation to the plan;

then:

                     (c)  the ACMA is taken to have refused to approve the plan; and

                     (d)  subsections (5) and (6) do not apply to that refusal.

61CJ   Register of approved local content plans

             (1)  The ACMA is to maintain a Register in which the ACMA includes approved local content plans as in force from time to time.

             (2)  The Register is to be maintained by electronic means.

             (3)  The Register is to be made available for inspection on the Internet.

61CK   Approved local content plan must be varied if minimum service standards are imposed or increased

             (1)  This section applies if:

                     (a)  an approved local content plan (the current plan ) for a regional commercial radio broadcasting licence is in force; and

                     (b)  the Minister makes a declaration under:

                              (i)  paragraph 61CE(2)(b); or

                            (ia)  paragraph 61CE(2B)(b); or

                             (ii)  paragraph 61CE(4)(b); or

                            (iii)  subsection 61CE(6); and

                     (c)  in the case of a declaration under paragraph 61CE(2)(b)—the effect of the declaration is to raise the licensee’s minimum service standards for local news.

             (2)  The licensee must give the ACMA:

                     (a)  a draft variation of the current plan; and

                     (b)  a statement setting out such information about the licensee’s broadcasting operations as the ACMA requires;

within 90 days after the day on which the declaration is made.

             (3)  If the licensee does not comply with subsection (2), the ACMA may, by legislative instrument, vary the current plan.

61CL   Approved local content plan may be varied by the licensee

                   If an approved local content plan (the current plan ) for a regional commercial radio broadcasting licence is in force, the licensee may give the ACMA:

                     (a)  a draft variation of the current plan; and

                     (b)  a statement setting out such information about the licensee’s broadcasting operations as the ACMA requires.

61CM   Approval of draft variation

             (1)  If, under section 61CK or 61CL, a commercial radio broadcasting licensee gives the ACMA a draft variation of an approved local content plan (the current plan ), the ACMA must:

                     (a)  approve the variation; or

                     (b)  refuse to approve the variation.

Approval of variation

             (2)  The ACMA must not approve the variation unless the ACMA is satisfied that, if the licensee were to give the ACMA a draft local content plan in the same terms as the current plan as proposed to be varied, the ACMA would approve that draft.

             (3)  If the ACMA approves the variation, the current plan is varied accordingly.

             (4)  If the ACMA approves the variation, the ACMA must give the licensee a written notice setting out the decision.

Refusal to approve variation

             (5)  If the ACMA refuses to approve the variation, the ACMA must give the licensee a written notice setting out the reasons for the refusal.

             (6)  If the ACMA refuses to approve the variation, the ACMA may, by legislative instrument, vary the current plan.

Occurrence of trigger event when ACMA’s decision is pending

             (7)  If:

                     (a)  under section 61CK or 61CL, a commercial radio broadcasting licensee gives the ACMA a draft variation of an approved local content plan; and

                     (b)  a trigger event for the licence occurs after the receipt of the variation but before the ACMA makes a decision under subsection (1) in relation to the variation;

then:

                     (c)  the ACMA is taken to have refused to approve the variation; and

                     (d)  subsections (5) and (6) do not apply to that refusal.

61CN   ACMA may review approved local content plan

             (1)  If an approved local content plan for a regional commercial radio broadcasting licence is in force, the ACMA must review the plan at least once every 3 years.

             (2)  If, after such a review, the ACMA considers that the approved local content plan should be varied, the ACMA may, by legislative instrument, vary the plan.

61CP   Compliance with approved local content plan

                   If an approved local content plan for a regional commercial radio broadcasting licence is in force, the licensee must take all reasonable steps to ensure that the plan is complied with.

61CPA   Licensee must submit annual compliance report

             (1)  This section applies if an approved local content plan for a regional commercial radio broadcasting licence was in force during the whole or a part of a financial year.

             (2)  The regional commercial radio broadcasting licensee must, within 3 months after the end of the financial year, give the ACMA a report about the licensee’s compliance with the approved local content plan during the whole or the part, as the case may be, of the financial year.

             (3)  A report under subsection (2) must:

                     (a)  be in a form approved in writing by the ACMA; and

                     (b)  set out such information as the ACMA requires.

61CQ   Minister may direct the ACMA about the exercise of its powers

             (1)  The Minister may give the ACMA a written direction about the exercise of the powers conferred on the ACMA by this Subdivision.

             (2)  The ACMA must comply with a direction under subsection (1).

Subdivision D —Other local content requirements

61CR   Minister may direct the ACMA to conduct an investigation about other local content requirements

             (1)  The Minister may give the ACMA a written direction requiring the ACMA to conduct an investigation under section 170 into:

                     (a)  whether the ACMA should exercise its powers under section 43 to impose conditions requiring regional commercial radio broadcasting licensees to broadcast programs about matters of local significance; and

                     (b)  if so, the content of those conditions.

             (2)  The ACMA must comply with a direction under subsection (1).

             (3)  This section does not limit the powers conferred on the ACMA by section 43 or 170.

             (4)  This section does not limit the powers conferred on the Minister by section 61CS.

61CS   Minister may direct the ACMA to impose licence conditions relating to local content

             (1)  The Minister may give the ACMA a written direction requiring the ACMA to exercise its powers under section 43 to impose conditions requiring regional commercial radio broadcasting licensees to broadcast programs about matters of local significance.

             (2)  The Minister may give the ACMA a written direction requiring the ACMA to exercise its powers under section 43 to impose one or more specified conditions requiring regional commercial radio broadcasting licensees to broadcast programs about matters of local significance.

             (3)  The Minister may give the ACMA a written direction requiring the ACMA to exercise its powers under section 43 to impose conditions requiring a specified regional commercial radio broadcasting licensee to broadcast programs about matters of local significance.

             (4)  The Minister may give the ACMA a written direction requiring the ACMA to exercise its powers under section 43 to impose one or more specified conditions requiring a specified regional commercial radio broadcasting licensee to broadcast programs about matters of local significance.

             (5)  The ACMA must comply with a direction under subsection (1), (2), (3) or (4).

             (6)  This section does not limit the powers conferred on the ACMA by section 43.

61CT   Regular reviews of local content requirements

             (1)  At least once every 3 years, the Minister must cause to be conducted a review of the following matters:

                     (a)  the operation of sections 43B and 43C;

                     (b)  the operation of this Division;

                     (c)  the operation of paragraph 8(2)(c) of Schedule 2;

                     (d)  whether sections 43B and 43C should be amended;

                     (e)  whether this Division should be amended;

                      (f)  whether paragraph 8(2)(c) of Schedule 2 should be amended.

             (2)  For the purposes of facilitating the conduct of a review under subsection (1), the ACMA must make available information about regional commercial radio broadcasting licensees’ compliance with:

                     (a)  licence conditions imposed as a result of section 43B or 43C; and

                     (b)  licence conditions imposed as a result of an investigation directed under section 61CR; and

                     (c)  licence conditions imposed as a result of a direction under section 61CS; and

                     (d)  the licence condition set out in paragraph 8(2)(c) of Schedule 2.

             (3)  The Minister may give the ACMA a written direction requiring the ACMA to make available specified information for the purposes of facilitating the conduct of a review under subsection (1).

             (4)  The ACMA must comply with a direction under subsection (3).

             (5)  The Minister must cause to be prepared a report of a review under subsection (1).

             (6)  The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the report.

8  Paragraph 62(1)(b)

Omit “year; and”, substitute “year.”.

9  Paragraph 62(1)(c)

Repeal the paragraph.

10  Paragraphs 66(1)(a) and (b)

Omit “, 3, 4 or 5”, substitute “or 3”.

11  Paragraph 66(1)(d)

Omit “subsection 58(2) or”.

12  Subsections 66(1A) and (2)

Omit “, 3, 4 or 5”, substitute “or 3”.

13  Subsection 67(1)

Omit “2, 3 or 5”, substitute “2 or 3”.

14  Paragraph 67(4)(a)

Omit “2, 3 or 5”, substitute “2 or 3”.

15  Subsection 70(1)

Omit “, 3, 4 or 5”, substitute “or 3”.

16  Section 96A

Repeal the section.

17  Divisions 3, 4 and 5 of Part 7

Repeal the Divisions.

18  Section 204 (table item dealing with subsection 58(2))

Repeal the item.

19  Section 204 (table item dealing with subsection 105(2))

Repeal the item.

20  Section 204 (table item dealing with subsection 105(3))

Repeal the item.

21  Subparagraph 7(1)(c)(iv) of Schedule 2

Omit “Act; and”, substitute “Act;”.

22  Subparagraph 7(1)(c)(v) of Schedule 2

Repeal the subparagraph.

23  At the end of subclause 7(1) of Schedule 2

Add:

                   ; (q)  the licensee will comply with a requirement that is applicable to the licensee under section 61BB (which deals with the disclosure of cross-media relationships).

24  At the end of subclause 8(1) of Schedule 2

Add:

                    ; (j)  the licensee will comply with a requirement that is applicable to the licensee under section 61BD or 61BE (which deal with the disclosure of cross-media relationships).

25  At the end of subclause 8(2) of Schedule 2

Add:

                     (c)  if a requirement under Division 5C of Part 5 (which sets out local news and information requirements) applies to the licensee—the licensee will comply with that requirement.

26  Paragraph 10(1)(c) of Schedule 2

Repeal the paragraph.