COMMONWEALTH OF AUSTRALIA
Broadcasting Services Act 1992
Broadcasting (Hours of Local Content) Declaration
No. 1 of 2007
I, HELEN LLOYD COONAN, Minister for Communications, Information Technology and the Arts, acting under paragraph 43C(3)(c) of the Broadcasting Services Act 1992 (BSA), declare that for the purposes of the application of subsection 43C(1) of the BSA to a regional commercial radio broadcasting licence, the applicable number of hours of material of local significance is that set out in item 4 of this instrument.
Dated 11 September 2007
HELEN COONAN
1. Name of Declaration
This Declaration is the Broadcasting (Hours of Local Content) Declaration No. 1 of 2007.
2. Commencement
This Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.
3. Definitions
In this Declaration:
ACMA means Australian Communications and Media Authority
racing service licence means a regional commercial radio broadcasting licence used to provide a broadcasting service that has the characteristics set out in subitems 3(1), 3(2) and 3(3):
(1) At least 80% of the content of the broadcasting service on a day (except Christmas Day or Good Friday) is:
(a) descriptions of any combination of horse races, harness races and greyhound races; and
(b) the provision of information directly related to horse racing, harness racing or greyhound racing (including selections, scratchings, betting information and track conditions); and
(c) material (such as music, news reports, weather reports, announcements and advertisements) that is:
(i) incidental to the provision of the content mentioned in paragraphs (a) and (b); and
(ii) provided only during periods between particular races on that day; and
(iii) provided to the minimum extent practicable between particular races; and
(iv) provided for a total of not more than 15 minutes in each hour of the day.
Note:
For subparagraph (2) (c) (iv), the hours to be used are the hours starting at midnight, 1 am, 2 am, and so on.
(2) A significant proportion of the content of the broadcasting service to which subsection (1) does not apply is:
(a) relevant to horse racing, harness racing or greyhound racing; or
(b) of interest mainly to persons involved in horse racing, harness racing or greyhound racing;
provided throughout the period to which subsection (1) does not apply.
(3) The broadcasting service is promoted, in the content of the broadcasting service:
(a) as a service of interest mainly to persons involved in horse racing, harness racing or greyhound racing; or
(b) using the words ‘racing radio service’.
regional commercial radio broadcasting licence has the meaning given by subsection 43C(8) of the Broadcasting Services Act 1992.
remote area service licence means a regional commercial radio broadcasting licence that has one of the following licence areas:
(a) Remote Commercial Radio Service Central Zone RA1;
(b) Remote Commercial Radio Service North East Zone RA1; or
(c) Remote Commercial Radio Service Western Zone RA1.
section 40 licence means a regional commercial radio broadcasting licence allocated by ACMA pursuant to section 40 of the Broadcasting Services Act 1992
small licence means a regional commercial radio broadcasting licence located in a licence area in which the total population of the licence area is fewer than 30,000 people, according to the most recent determination made by ACMA under section 30 of the Broadcasting Services Act 1992.
4. Applicable number
For a licence that is a racing service licence, remote area service licence, section 40 licence or small licence, the applicable number is 0.5 hours.
For any other regional commercial radio licence, the applicable number is 3 hours.