Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 8AE

  (1)   For the purposes of this Act, a local content exemption period , for the licensee of a regional commercial radio broadcasting licence, is:

  (a)   if:

  (i)   the ACMA, by legislative instrument, specifies a period in relation to one or more specified regional commercial radio broadcasting licensees; and

  (ii)   the period does not exceed 5 weeks; and

  (iii)   the licensees specified in the instrument consist of or include the licensee;

    that period; or

  (b)   if:

  (i)   paragraph   (a) does not apply; and

  (ii)   the ACMA, by legislative instrument, specifies 2 periods in relation to one or more specified regional commercial radio broadcasting licensees; and

  (iii)   the periods, in aggregate, do not exceed 5 weeks; and

  (iv)   the licensees specified in the instrument consist of or include the licensee;

    each of those periods; or

  (c)   if:

  (i)   neither paragraph   (a) nor (b) applies; and

    (ii)   the ACMA, by legislative instrument, specifies a period; and

  (iii)   the period does not exceed 5 weeks;

    that period; or

  (d)   if:

  (i)   none of paragraphs   (a), (b) or (c) apply; and

  (ii)   the ACMA, by legislative instrument, specifies 2 periods; and

  (iii)   the periods, in aggregate, do not exceed 5 weeks;

    each of those periods; or

  (e)   if:

  (i)   none of paragraphs   (a), (b), (c) or (d) apply; and

  (ii)   the licensee, by written notice given to the ACMA, specifies a period; and

  (iii)   the period does not exceed 5 weeks;

    that period; or

  (f)   if:

  (i)   none of paragraphs   (a), (b), (c), (d) or (e) apply; and

  (ii)   the licensee, by written notice given to the ACMA, specifies 2 periods; and

  (iii)   the periods, in aggregate, do not exceed 5 weeks;

    each of those periods; or

  (g)   if none of paragraphs   (a), (b), (c), (d), (e) or (f) apply--the 5 - week period beginning on the second Sunday in December each financial year.

  (2)   A period specified under subsection   (1) may be:

  (a)   a period that occurs only once; or

  (b)   a recurring period.

Notice given to the ACMA--requirements

  (3)   A notice under paragraph   (1)(e) or (f) must be given to the ACMA at least 21 days before the earlier of:

  (a)   the start of the next local content exemption period that, disregarding the notice, would be applicable to the licensee giving the notice; and

  (b)   whichever of the following times is applicable:

  (i)   in the case of a notice under paragraph   (1)(e)--the start of the period specified in the notice;

  (ii)   in the case of a notice under paragraph   (1)(f)--the start of the earlier of the periods specified in the notice.

  (4)   A regional commercial radio broadcasting licensee may only give the ACMA one notice under subsection   (1) each financial year.

  (5)   A notice given to the ACMA under subsection   (1) cannot be varied.

  (6)   If:

  (a)   a regional commercial radio broadcasting licensee gives the ACMA a notice under subsection   (1) (the earlier notice ) in a financial year; and

  (b)   the licensee gives the ACMA another notice under subsection   (1) (the later notice ) in a later financial year; and

  (c)   the later notice is expressed to replace the earlier notice;

the earlier notice is taken to cease to be in force when the later notice is given.

  (7)   If a notice given to the ACMA under subsection   (1) (the original notice ) by a regional commercial radio broadcasting licensee is in force, the licensee may, by written notice to the ACMA, revoke the original notice, so long as the notice of revocation is not given during a period specified in the original notice.

  (8)   If a regional commercial radio broadcasting licensee gives the ACMA a notice under subsection   (1), the licensee must publish the notice on its website.

  (9)   If:

  (a)   a regional commercial radio broadcasting licensee gives the ACMA a revocation notice under subsection   (7); and

  (b)   the revocation results in paragraph   (1)(g) applying to the licensee;

the licensee must publish the revocation notice on its website.