On 25 March 2021, the Government introduced amendments to the Broadcasting Services Act 1992 (BSA) concerning the making of population determinations and the operation of related grandfathering provisions in the BSA, specifically in relation to commercial radio license holders (licensees).
As drafted, these provisions only afford protection in relation to a previous population determination. If a licensee were to continue maintaining existing operations, when a new population determination takes effect, it could inadvertently breach the relevant statutory control and local content obligations, as determined by the BSA. The amendments enable retrospective application of the grandfathering provisions, providing certainty to licensees that they will not breach their license conditions simply as a result of a new population determination. The amendments will end after a period of 5 years, providing an opportunity for legislative review.
The Department of Infrastructure, Transport, Regional Development and Communications prepared and certified a Regulation Impact Statement (RIS), which the Office of Best Practice Regulation (OBPR) assessed as good practice.
The RIS estimates there will be no regulatory burden on business or the community, as licensees will not have to take any action following new population determinations.