Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:2_9:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 2 cl 9 (pt 1/3)
Character Range: 918137–921049

9  Conditions applicable to services provided under community broadcasting licences
 (1) Each community broadcasting licence is subject to the following conditions:
 (a) the licensee will not, in contravention of the Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement within the meaning of that Act;
 (b) the licensee will not broadcast advertisements, and the licensee will not broadcast sponsorship announcements otherwise than as mentioned in this clause;
 (c) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;
 (ca) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);
 (caa) if the licensee provides a digital community radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);
 (cb) the licensee will comply with subsection 130V(1) (which deals with industry standards);
 (d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;
 (e) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee's broadcasting facilities, allow those persons access to and control over those facilities;
 (f) the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;
 (h) the licensee will commence the provision of at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;
 (i) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;
 (j) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a community broadcasting service under the licence unless the service is a digital community radio broadcasting service;
 (k) if a television licence area plan applies to the licence area—the licensee will comply with subsection 26AA(3).
 (2) Each community broadcasting licence is also subject to the following conditions:
 (a) the licensee will remain a suitable licensee;
 (b) the licensee will continue to represent the community interest that it represented at the time when the licence was allocated or was last renewed;
 (c) the licensee will encourage members of the community that it serves to participate in:
 (i) the operations of the licensee in providing the service or services; and