Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:2_43c:p1
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 2 cl 43C (pt 1/2)
Character Range: 78768–81604

43C  Local content—regional commercial radio broadcasting licences

 (1) The ACMA must ensure that, at all times on and after 1 January 2008, there is in force under section 43 a condition that has the effect of requiring the licensee of a regional commercial radio broadcasting licence to broadcast, during daytime hours each business day, at least the applicable number of hours of material of local significance.

Material of local significance

 (2) The condition must define material of local significance for the purposes of the condition. If a regional commercial radio broadcasting licensee is required to comply with section 61CD, the definition of material of local significance must be broad enough to cover material that the licensee must broadcast in order to comply with that section.

Applicable number

 (3) For the purposes of the application of subsection (1) to a regional commercial radio broadcasting licence, the applicable number is:
 (a) 4.5; or
 (b) if the Minister, by legislative instrument, declares that another number is the applicable number for regional commercial radio broadcasting licences generally—the other number; or
 (c) if:
 (i) the Minister, by legislative instrument, declares that another number is the applicable number for a specified class of regional commercial radio broadcasting licences; and
 (ii) the regional commercial radio broadcasting licence is included in that class;
  the other number.

 (4) Before 30 June 2007, the Minister must cause to be conducted a review of:
 (a) whether:
 (i) a declaration should be made under paragraph (3)(b); or
 (ii) one or more declarations should be made under subparagraph (3)(c)(i); and
 (b) the number or numbers that should be specified in the declaration or declarations concerned; and
 (c) in the case of a declaration or declarations under subparagraph (3)(c)(i)—the class or classes that should be specified in the declaration or declarations concerned.

 (4A) The Minister must cause to be prepared a report of a review under subsection (4).

 (4B) The Minister must cause copies of a report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the report.

 (4C) Before the end of whichever of the following periods ends first:
 (a) the period of 15 sitting days of the House of Representatives after the completion of the report;
 (b) the period of 15 sitting days of the Senate after the completion of the report;
the Minister must:
 (c) either:
 (i) make a declaration under paragraph (3)(b); or
 (ii) make one or more declarations under subparagraph (3)(c)(i); and
 (d) cause a copy of each such declaration to be laid before each House of the Parliament in accordance with section 38 of the Legislative Instruments Act 2003.

Section 43 powers etc.

 (5) To avoid doubt,