Broadcasting Services Act 1992

This section applies to each of the following (a responsible person):

a commercial television broadcasting licensee;

a national broadcaster;

a subscription television licensee that is a body corporate.

For compliance, see clause 7 of Schedule 2 (for commercial television broadcasting licensees), clause 10 of Schedule 2 (for subscription television broadcasting licensees) and clause 11 of Schedule 2 (for subscription television narrowcasting licensees).

A responsible person must, in a form approved in writing by the ACMA, make:

written records sufficient to enable the responsible person’s compliance with Division 2 or 3 to be readily ascertained; and

audio‑visual records sufficient to enable the responsible person’s compliance with Divisions 4 and 5 to be readily ascertained.

A written record must be retained in the responsible person’s custody for at least 90 days after the responsible person’s report under section 130ZZC in relation to the financial year to which the record relates is given to the ACMA.

An audio‑visual record must be retained in the responsible person’s custody:

for at least 30 days after the day the program to which the record relates was broadcast; or

if, before the end of those 30 days, the responsible person becomes aware that a complaint has been made under Part 11 about captioning of the program—for at least 90 days after the day the program was broadcast.

A responsible person must, without charge, make available to the ACMA on request any records retained by the responsible person under this section (whether or not the minimum period for retaining the records has passed).