Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:2_61be
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 2 cl 61BE
Character Range: 89702–92411

61BE  Disclosure of cross‑media relationship by commercial radio broadcasting licensee—regular disclosure method

Scope

 (1) This section applies if:
 (a) a person is in a position to exercise control of each media operation in a set of media operations; and
 (b) a commercial radio broadcasting licence is in the set; and
 (c) a notice under subsection 61BC(1) is in force in relation to the commercial radio broadcasting licensee.

Requirement to disclose cross‑media relationship

 (2) If a commercial television broadcasting licence is in the set, the commercial radio broadcasting licensee must regularly broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.

 (3) It is sufficient if the statement under subsection (2) is to the effect that there is a cross‑media relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.

 (4) If a newspaper is in the set, the commercial radio broadcasting licensee must regularly broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

 (5) It is sufficient if the statement under subsection (4) is to the effect that there is a cross‑media relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

How statement is to be broadcast

 (6) Statements under subsection (2) or (4) are to be broadcast in a way, and with a frequency, that is reasonably likely to ensure that the audience of the commercial radio broadcasting service during prime‑time hours is aware that:
 (a) in the case of statements under subsection (2)—there is a relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee; or
 (b) in the case of statements under subsection (4)—there is a relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

 (7) A commercial radio broadcasting licensee is taken to have complied with subsection (6) if:
 (a) the statement is broadcast at least once each day during prime‑time hours; and
 (b) the statement is broadcast in a way that will adequately bring it to the attention of a reasonable person who may have listened to the broadcast of the statement.

 (8) The regulations may provide that a commercial radio broadcasting licensee is taken to have complied with subsection (6) if the statement is broadcast in the manner, and at the times, ascertained in accordance with the regulations.