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Schedule 3—Local programming requirements for regional commercial television broadcasting licensees

Schedule 3 Local programming requirements for regional commercial television broadcasting licensees

Part 1 New local programming requirements

Broadcasting Services Act 1992

1  After Division 5C of Part 5

Insert:

Division 5D Local programming requirements for regional commercial television broadcasting licensees

61CU   Definitions

                   In this Division:

eligible period has the meaning given by section 61CY.

local area : the local programming determination may provide that a specified area is a local area in relation to a specified regional commercial television broadcasting licence.

local programming determination means the determination made under section 61CZ.

material of local significance , in relation to a local area, has the meaning given by the local programming determination. The definition of material of local significance must be broad enough to cover news that relates directly to the local area concerned.

points : see section 61CY.

regional aggregated commercial television broadcasting licence means a commercial television broadcasting licence for any of the following licence areas:

                     (a)  Northern New South Wales TV1;

                     (b)  Southern New South Wales TV1;

                     (c)  Regional Victoria TV1;

                     (d)  Eastern Victoria TV1;

                     (e)  Western Victoria TV1;

                      (f)  Regional Queensland TV1;

                     (g)  Tasmania TV1.

regional commercial television broadcasting licence means:

                     (a)  a regional aggregated commercial television broadcasting licence; or

                     (b)  a regional non-aggregated commercial television broadcasting licence.

regional non-aggregated commercial television broadcasting licence means a commercial television broadcasting licence for any of the following licence areas:

                     (a)  Broken Hill TV1;

                     (b)  Darwin TV1;

                     (c)  Geraldton TV1;

                     (d)  Griffith and MIA TV1;

                     (e)  Kalgoorlie TV1;

                      (f)  Mildura/Sunraysia TV1;

                     (g)  Mount Gambier/South East TV1;

                     (h)  Mt Isa TV1;

                      (i)  Remote and Regional WA TV1;

                      (j)  Riverland TV1;

                     (k)  South West and Great Southern TV1;

                      (l)  Spencer Gulf TV1.

timing period has the meaning given by section 61CY.

trigger event has the meaning given by section 61CV.

week means a period of 7 days starting on a Sunday.

61CV   Trigger event

                   For the purposes of this Division, if:

                     (a)  a person starts to be in a position to exercise control of a commercial television broadcasting licence; and

                     (b)  immediately after that event:

                              (i)  the person is in a position to exercise control of 2 or more commercial television broadcasting licences; and

                             (ii)  the combined licence area populations of those licences exceed 75% of the population of Australia; and

                            (iii)  at least one of those licences is a regional commercial television broadcasting licence;

that event is a trigger event for each of those licences that is a regional commercial television broadcasting licence.

61CW   Local programming requirements for regional aggregated commercial television broadcasting licensees

Trigger event occurs—ongoing requirements

             (1)  If:

                     (a)  a trigger event for a regional aggregated commercial television broadcasting licence occurs on a particular day; and

                     (b)  that event is the first or only trigger event for the licence;

the licensee must broadcast, to each local area, material of local significance in order to accumulate at least:

                     (c)  900 points in each timing period that begins after the end of the period of 6 months beginning on that day; and

                     (d)  120 points in each week that is included in a timing period covered by paragraph (c).

Trigger event occurs—transitional requirements

             (2)  If:

                     (a)  a trigger event for a regional aggregated commercial television broadcasting licence occurs on a particular day; and

                     (b)  that event is the first or only trigger event for the licence;

the licensee must broadcast, to each local area, material of local significance in order to accumulate at least:

                     (c)  720 points in each timing period that:

                              (i)  begins before the end of the period of 6 months beginning on that day; and

                             (ii)  does not end before that day; and

                            (iii)  begins after the end of the period of 6 months beginning at the commencement of this subsection; and

                     (d)  90 points in each week that is included in a timing period covered by paragraph (c).

Note:          The Broadcasting Services (Additional Television Licence Condition) Notice 2014 imposes local programming requirements for a timing period that begins before the end of the period of 6 months beginning at the commencement of this subsection.

No trigger event has occurred

             (3)  If no trigger event for a regional aggregated commercial television broadcasting licence has occurred, the licensee must broadcast, to each local area, material of local significance in order to accumulate at least:

                     (a)  720 points in each timing period that begins after the end of the period of 6 months beginning at the commencement of this subsection; and

                     (b)  90 points in each week that is included in a timing period covered by paragraph (a).

Note:          The Broadcasting Services (Additional Television Licence Condition) Notice 2014 imposes local programming requirements for a timing period that begins before the end of the period of 6 months beginning at the commencement of this subsection.

61CX   Local programming requirements for regional non-aggregated commercial television broadcasting licensees

Trigger event occurs

             (1)  If:

                     (a)  a trigger event for a regional non-aggregated commercial television broadcasting licence occurs on a particular day; and

                     (b)  that event is the first or only trigger event for the licence;

the licensee must broadcast, to each local area, material of local significance in order to accumulate at least:

                     (c)  360 points in each timing period that begins after the end of the period of 6 months beginning on that day; and

                     (d)  45 points in each week that is included in a timing period covered by paragraph (c).

Exemption—licences granted under section 38A or 38B

             (2)  Subsection (1) does not apply to a licence granted under section 38A or 38B.

61CY   Points system

Eligible periods

             (1)  For the purposes of this Division, points are accumulated during the following eligible periods :

                     (a)  from 6:30 am to midnight on Monday to Friday;

                     (b)  from 8:00 am to midnight on Saturday and Sunday.

Timing periods

             (2)  For the purposes of this Division, points are calculated during the following timing periods :

                     (a)  the period of 6 weeks starting on the first Sunday in February in a year;

                     (b)  each subsequent period of 6 weeks until the end of the 42nd week after the first Sunday in February;

                     (c)  the period:

                              (i)  starting at the end of the 42nd week after the first Sunday in February; and

                             (ii)  ending immediately before the first Sunday in February in the following year.

Note 1:       A licensee is not able to accumulate points during the period specified in subsection (4).

Note 2:       See also subsection (9).

Points for material of local significance

             (3)  Subject to subsections (4) to (8), material of local significance accumulates points in a local area according to the following table.

Points

Item

Material

Points for each minute of material

1

News that:

(a) is broadcast during an eligible period by a licensee covered by subsection 61CW(1) or 61CX(1); and

(b) has not previously been broadcast to the local area during an eligible period; and

(c) depicts people, places or things in the local area; and

(d) meets such other requirements (if any) as are set out in the local programming determination.

3

2

News that:

(a) is broadcast during an eligible period; and

(b) has not previously been broadcast to the local area during an eligible period; and

(c) relates directly to the local area; and

(d) is not covered by item 1.

2

3

Other material that:

(a) is broadcast during an eligible period; and

(b) except in the case of a community service announcement—has not previously been broadcast to the local area during an eligible period; and

(c) relates directly to the local area.

1

4

News that:

(a) is broadcast during an eligible period; and

(b) has not previously been broadcast to the local area during an eligible period; and

(c) relates directly to the licensee’s licence area.

1

5

Other material that:

(a) is broadcast during an eligible period; and

(b) except in the case of a community service announcement—has not previously been broadcast to the local area during an eligible period; and

(c) relates directly to the licensee’s licence area.

1

Limits on material in the timing period starting at the end of the 42nd week

             (4)  For the timing period mentioned in paragraph (2)(c), points cannot be accumulated:

                     (a)  for 4 weeks from and including the week of the timing period that includes 15 December; and

                     (b)  for any week between the end of the tenth week of the timing period mentioned in paragraph (2)(c) and the beginning of the timing period mentioned in paragraph (2)(a).

Note:          See also subsection (10).

Limits on material that relates directly to the licensee’s licence area

             (5)  Except for service licence numbers 104 and 106, not more than 50% of the points accumulated in a local area during a timing period is to be attributable to material that relates directly to the licensee’s licence area.

             (6)  For service licence numbers 104 and 106, not more than 50% of the points accumulated in a local area during a timing period is to be attributable to material that relates directly to the combined licence areas of the licensees for service licence numbers 104 and 106.

Limits on community service announcements

             (7)  Points may be accumulated in a local area for:

                     (a)  the first broadcast of a community service announcement in the area; and

                     (b)  not more than 4 repeats of the community service announcement in the area.

             (8)  Despite subsection (7), not more than 10% of the points accumulated in a local area during a timing period is to be attributable to material of local significance in the form of community service announcements.

             (9)  The local programming determination may, with the written consent of the licensee of a regional non-aggregated commercial television broadcasting licence, modify subsection (2) so far as that subsection applies in relation to the licence.

           (10)  The local programming determination may, with the written consent of the licensee of a regional non-aggregated commercial television broadcasting licence, modify subsection (4) so far as that subsection applies in relation to the licence.

61CZ   Local programming determination

             (1)  The ACMA may, by legislative instrument, make a determination (the local programming determination ) prescribing matters required or permitted by this Act to be prescribed by the local programming determination.

             (2)  The ACMA must take all reasonable steps to ensure that the local programming determination is in force under subsection (1) at all times after the end of the 6-month period that began at the commencement of this section.

61CZA   Record-keeping requirements

Scope

             (1)  This section applies if the licensee of a regional commercial television broadcasting licence is subject to a requirement under section 61CW or 61CX.

Requirements

             (2)  The licensee must:

                     (a)  make a record, in audiovisual form, of material of local significance that the licensee has broadcast in any of its local areas; and

                     (b)  retain the record for:

                              (i)  30 days after the end of the timing period to which the record relates; or

                             (ii)  if the ACMA directs the licensee to retain the record for a longer period—that longer period; and

                     (c)  on request by the ACMA, provide the ACMA with access to the record.

             (3)  The licensee must comply with any directions by the ACMA about:

                     (a)  what a record made under subsection (2) must cover; or

                     (b)  how the record must be made or retained.

61CZB   Licensee must submit compliance reports

Scope

             (1)  This section applies if:

                     (a)  a trigger event for a regional commercial television broadcasting licence occurs on a particular day; and

                     (b)  that event is the first or only trigger event for the licence.

Reports

             (2)  The licensee must give to the ACMA:

                     (a)  a report covering the licensee’s compliance with the requirements of this Division during the 12-month period (the initial reporting period ) beginning immediately after the end of the 6-month period that began on the day the trigger event happened; and

                     (b)  a report covering the licensee’s compliance with the requirements of this Division during the 12-month period beginning immediately after the end of the initial reporting period.

Timing of reports

             (3)  The licensee must give a copy of a report under this section to the ACMA within 28 days of the end of the period covered by the report.

Other requirements

             (4)  A report under this section must:

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

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

61CZC   Review of local programming requirements

             (1)  The ACMA must:

                     (a)  conduct a review of the following matters:

                              (i)  the operation of this Division;

                             (ii)  the operation of the local programming determination;

                            (iii)  the operation of paragraph 7(2)(ba) of Schedule 2; and

                     (b)  do so within 30 months after the commencement of this section.

             (2)  The ACMA must prepare a report of the review under subsection (1).

             (3)  The ACMA must give the report to the Minister.

             (4)  The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

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

             (1)  The Minister may, by legislative instrument, give a direction to the ACMA about the exercise of the powers conferred on the ACMA by this Division (other than section 61CZC).

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

2  After paragraph 7(2)(b) of Schedule 2

Insert:

                   (ba)  if a requirement under Division 5D of Part 5 (which sets out local programming requirements) applies to the licensee—the licensee will comply with that requirement;

Part 2 Abolition of old local programming requirements

Broadcasting Services Act 1992

3  Section 43A

Repeal the section.

4  Revocation of the Broadcasting Services (Additional Television Licence Condition) Notice 2014

(1)       The ACMA is taken:

                     (a)  to have revoked the Broadcasting Services (Additional Television Licence Condition) Notice 2014 ; and

                     (b)  to have done so under subsection 43(1) of the Broadcasting Services Act 1992 immediately after the commencement of this item.

(2)       Subsections 43(2) and (3) of the Broadcasting Services Act 1992 do not apply to a revocation under subitem (1).

(3)       Despite the revocation of the Broadcasting Services (Additional Television Licence Condition) Notice 2014 by this item, that notice continues to apply, in relation to material broadcast during:

                     (a)  a timing period that began before the commencement of this item; or

                     (b)  a week that is included in a timing period covered by paragraph (a);

as if that revocation had not happened.