Federal Register of Legislation - Australian Government

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Standards/Other as made
This standard operates to impose obligations on licensees in relation to advertisements. In particular, revised definitions in the standard require licensees to distinguish, from other program material, promotional material for the broadcast of which direct or indirect payments, benefits, services or other forms of consideration have been received. In addition, licensees are now also required to ensure that advertising is distinguishable from other program material at the time of broadcast.
Administered by: Broadband, Communications and the Digital Economy
Registered 27 Mar 2012
Tabling HistoryDate
Tabled HR08-May-2012
Tabled Senate10-May-2012
Date of repeal 16 Mar 2013
Repealed by Broadcasting Services (Commercial Radio Advertising) Standard Revocation 2013

 

 

Broadcasting Services (Commercial Radio Advertising) Standard 2012

 

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY determines this standard under subsection 125 (1) of the Broadcasting Services Act 1992.

 

Dated    14th March 2012

 


Chris Chapman
[signed]
Member

 Richard Bean
[signed]
Member/General Manager

 

 

 

 

Australian Communications and Media Authority


 

 

Part 1                    Preliminary

  

1              Name of standard

                This standard is the Broadcasting Services (Commercial Radio Advertising) Standard 2012.

2              Commencement

                This standard commences on 1 May 2012.

3              Revocation

                The following standards are revoked:

(a)    the Broadcasting Services (Commercial Radio Advertising) Standard 2000 (Federal Register of Legislative Instruments (FRLI) No. F2006B00450); and

(b)   the variation to the Broadcasting Services (Commercial Radio Advertising) Standard 2000 mentioned in the notice of variation registered on FRLI as FRLI No. F2005B03340.

4              Object of standard

                The object of this standard is to encourage licensees to respect community standards by ensuring advertising is clearly distinguishable from all other programs.

5              What this standard does

                This standard requires licensees to ensure that advertisements are distinguishable from other programs.

  

6              Definitions

                In this standard:

Act means the Broadcasting Services Act 1992.

advertisement means material broadcast:

                (a)    which draws public attention to, or promotes directly or indirectly, an organisation, product, service, belief or course of action; and

               (b)    for which consideration has been provided by, or on behalf of, an organisation or supplier of the product or service, to a licensee, a presenter, or an associate of a presenter.

associate of a presenter means:

(a)    a person (other than the licensee of the presenter) who has the authority to enter into agreements for the provision of the presenter’s services; or

(b)   a corporation (other than the licensee of the presenter) or a trust in which the presenter has a greater than 50% company or beneficial interest; or

(c)     a corporation (other than the licensee of the presenter) of which the presenter is a director.

consideration means any money, service, benefit or other valuable consideration that is directly or indirectly paid, promised, charged or accepted for material that is broadcast, or is to be broadcast, but does not include a product or service provided free to a person solely for the purpose of having the product or service reviewed.

licensee means a holder of a commercial radio broadcasting licence.

presenter means a person who is an on‑air presenter of a program broadcast by a licensee.

Part 2                    Advertisements clearly distinguishable by listeners

  

7              Distinguishing Advertisements

                Advertisements broadcast by the licensee must be presented in such a manner that the reasonable listener is able to distinguish them, at the time of broadcast, from other program material.

 

 

 

 

 

Note

  1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.comlaw.gov.au.