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Terms of Reference

Australians living in regional areas should have access to broadcasting content that reflects the culture and diversity of their local communities. The Government is committed to there being no reduction of local content. A key aspect of ensuring the availability of local content is strong regional radio stations.

The Broadcasting Services Act 1992 (the Act) requires regional commercial radio broadcasting licensees to provide minimum levels of local content and, in certain circumstances (that is, after the occurrence of ‘trigger events’), to broadcast minimum levels of local news and information, maintain a local presence and comply with additional reporting and recordkeeping obligations.

Section 61CT of the Act requires the Minister for Broadband, Communications and the Digital Economy to conduct a review of these localism and trigger event related provisions at least once every three years. Under the Act, the first review must be undertaken by 4 April 2010. A report on the review must be tabled in Parliament in accordance with the statutory requirements.

As required by the Act, the review will consider the operation and appropriateness of the following provisions:

• sections 43B and 43C
• Division 5C of Part 5, and
• paragraph 8(2)(c) of Schedule 2.

The review will also consider the statutory instruments that have been made in accordance with the provisions.

• Broadcasting Services (Hours of Local Content) Regulations 2007¹
• Broadcasting Services (Meaning of Local) Instrument 2007²
• Broadcasting (Hours of Local Content) Declaration No.1 of 2007³
• Australian Communications and Media Authority (Commercial Radio Broadcasting Services) Direction (No.1) 2007⁴
• Broadcasting Services (Additional Regional Commercial Radio Licence Condition – Material of Local Significance) Notice 19 December 2007⁵
• Broadcasting Services (Additional Regional Commercial Radio Licence Condition—Local Presence) Notice 22 March 2007⁶.

These instruments provide detailed requirements for the operation of the legislation.

As part of the review process, the Government’s considerations will include:

1. whether greater flexibility is needed for regional commercial radio broadcasters to provide ‘material of local significance’
2. the application of ‘material of local significance’ and local presence requirements, and the local news and information requirements imposed after a trigger event, to:
   • regional commercial radio broadcasters primarily providing racing services; and
   • remote commercial radio broadcasters
3. the application of ‘material of local significance’ and local presence requirements to regional radio services operating outside the Broadcasting Services Bands (section 40 licensees)
4. whether section 61CB(1) of the Act, which relates to transfers of regional commercial radio broadcasting licences, should be expanded to ensure consistency with the media control principles in the Act
5. the appropriateness of the trigger provisions applying to the following events:
   1. intergenerational transactions that do not involve a sale of shares in a licensee company for a regional commercial radio licence
   2. the formation of a new registrable media group that is created only due to significant population changes in a licence area; and
   3. internal corporate restructures where the ultimate controller does not change
6. the appropriateness of additional requirements imposed after a trigger event occurs applying permanently

Where changes to the existing legislative provisions are considered as a result of the review, the Government will ensure that these changes do not lead to an overall reduction in local content required by the Broadcasting Services Act on regional commercial radio.

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[1] www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/8EABF9F87F588DC8CA25735C0023DDD5?OpenDocument

[2] www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/9E90B155462A31E2CA25739F007A7EB8?OpenDocument

[3] www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/85FD483EBB337E54CA2573540001CE7A?OpenDocument

[4] www.frli.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/C892BB6B70C4B98DCA2572910003A096?OpenDocument

[5] www.acma.gov.au/webwr/_assets/main/lib100057/broad_serv_add_reg_comm_radio_lic_con-notice_19_dec_2007.pdf

[6] www.acma.gov.au/webwr/_assets/main/lib101061/bs_addtnl_reg_comm_radio_lic_cond-local_presence_%20notice_22_mar_07.pdf

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