Code 1 - Application

This Code is from the Community Radio Broadcasting Codes of Practice (2025) and went into effect on 1 July 2025.

CODE

1.1 The Community Radio Broadcasting Codes of Practice apply to all community broadcasters allocated a community radio broadcasting licence.

1.2 We must comply with the Codes, but a failure to comply will not be a breach of the Codes provided that we took reasonable precautions and exercised due diligence, and the non-compliance was:

a) in respect of a minor, peripheral, incidental or trivial matter; or

b) due to an act or failure to act of another person which was outside of our control, or an accident, technical/engineering issue, or some other cause, which was outside our control.

1.3 We will broadcast an on-air announcement at least once a week that contains information about the Codes, a short description of matters covered by the Codes and where listeners can get a copy. A copy of the Codes will also be made accessible via our website (or via our social media page if no website exists).

1.4 The community radio sector, as coordinated by the sector organisation representing the majority of licensees, will review the Community Radio Broadcasting Codes of Practice every three to five years in consultation with other sector organisations.

1.5 These Codes commence on 1 July 2025.

GUIDANCE NOTE FOR CODE 1.2

Code 1.2 acknowledges that there might be times when a station accidentally or mistakenly fails to comply with the Codes. Code 1.2 makes an allowance for minor failures to comply where the station genuinely believed they were doing the right thing and had taken all appropriate steps to prevent accidents or mistakes.

The Code only covers failures to comply where reasonable precautions were taken and due diligence was exercised. Reasonable precautions and due diligence means stations should be able to show that they had taken appropriate steps to prevent an accident or mistake taking place.

This might include:

ensuring new volunteers have completed training on the Codes,
making refresher training on the Codes and legal obligations available for all volunteers,
air checks of all programming and maintaining, and
complying with complaints handling processes.

The failure to comply could be either:

A ‘minor, peripheral, incidental or trivial’ matters which in the case of broadcasts would likely cover material unlikely to offend or significantly mislead listeners. And in the case of operations would likely cover matters that are not serious breaches of essential Code requirements.

A mistake or accident which was outside the station’s control. It is also important to note that technical matters would generally be considered in the station’s control. Whether or not a non-compliance caused by a technical matter would be considered a breach would depend on the individual circumstances. Contractual arrangements with service providers (e.g. technical contractors) are also generally considered under a station’s control. It is important to note that stations have obligations under their apparatus licence and the Radiocommunications Act 1992 (Cth) to be complied with which include antenna height and not moving a station’s antenna without being granted permission through an amendment to an apparatus licence condition. Note that Radiocommunications Act obligations are distinct from Code obligations, so Code 1.2 has no effect on a station’s obligations to comply with for instance the technical conditions of its apparatus licence.

A mistake or accident will be less likely to be a breach of the Codes if a station:

Had taken all appropriate steps to prevent an accident or mistake taking place.
Believed that it was doing everything correctly.
Would not have been able to prevent the accident or mistake from occurring.
Acted immediately to correct the accident or mistake when they found out about it.

GUIDANCE NOTE FOR CODE 1.3

Broadcasting an on-air announcement at least once a week about the Codes helps inform listeners that community broadcasters are meeting their Code requirements.

The following script is an example of a community service announcement that could be recorded and played to meet the requirements of Code 1.3.

This example points the audience to the website of the Community Broadcasting Association of Australia to download a copy. While this would satisfy the requirements of the Codes, stations are encouraged to make copies available on their websites or through a direct request to the station. As such, stations may edit the script accordingly.

“What you hear on community radio is governed by the Community Radio Broadcasting Codes of Practice.

The Codes of Practice cover matters relating to program content, including local content, news, current affairs, Australian music content, programs for children and the responsibilities associated with broadcasting to the community. They also cover aspects such as community access and participation in the operation of this service.

Copies of the Codes are available on the Community Broadcasting Association website.”