Broadcasting Legislation Amendment (Digital Radio) Act 2018

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2018A00011 In force Act

Legislation content

 

 

 

 

 

 

Broadcasting Legislation Amendment (Digital Radio) Act 2018

 

No. 11, 2018

 

 

 

 

 

An Act to amend the law relating to broadcasting, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Digital radio

Part 1—Amendments

Broadcasting Services Act 1992

Radiocommunications Act 1992

Part 2—Application provisions

 

 

 

Broadcasting Legislation Amendment (Digital Radio) Act 2018

No. 11, 2018

 

 

 

An Act to amend the law relating to broadcasting, and for other purposes

[Assented to 5 March 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Broadcasting Legislation Amendment (Digital Radio) Act 2018.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day this Act receives the Royal Assent.

5 March 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Digital radio

Part 1—Amendments

Broadcasting Services Act 1992

1  Subsections 8AC(6) and (7)

Repeal the subsections.

Radiocommunications Act 1992

2  Paragraph 9C(1)(d)

Omit all the words after “paragraph (c)”, substitute “were published on the ACMA’s website; and”.

3  After paragraph 9C(1)(d)

Insert:

 (da) the invitations referred to in paragraph (c) were open for whichever of the following periods is applicable:

 (i) a period of at least 60 days;

 (ii) if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and

4  Subsections 44A(5) and (7)

Repeal the subsections.

5  Paragraph 102C(3)(a)

Omit “150”, substitute “120”.

6  Paragraph 102C(5)(c)

Omit all the words after “paragraph (a)”, substitute “were published on the ACMA’s website; and”.

7  After paragraph 102C(5)(c)

Insert:

 (ca) the invitations referred to in paragraph (a) were open for whichever of the following periods is applicable:

 (i) a period of at least 80 days;

 (ii) if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and

8  After subsection 102C(7)

Insert:

Copies of responses to invitations to subscribe for shares

 (7A) If:

 (a) an application is made for a foundation category 1 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

 (b) the applicant is an eligible joint venture company;

the ACMA may, by written notice given to the applicant, require the applicant to:

 (c) give the ACMA a copy of each of the responses to the invitations referred to in paragraph (5)(a), so far as that paragraph applies to the promoters of the applicant; and

 (d) do so within the period specified in the notice.

 (7B) If the applicant breaches the requirement set out in the subsection (7A) notice, the ACMA may, by written notice given to the applicant:

 (a) refuse to consider the application; or

 (b) refuse to take any action, or any further action, in relation to the application.

 (7C) If:

 (a) an application is made for a foundation category 1 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

 (b) the application includes a statement to the effect that a particular company is a digital community radio broadcasting representative company for the area;

then:

 (c) the ACMA may, by written notice given to the company, require the company to:

 (i) give the ACMA a copy of each of the responses to the invitations referred to in paragraph 9C(1)(c), so far as that paragraph applies to the promoters of the company; and

 (ii) do so within the period specified in the notice; and

 (d) if the ACMA gives a notice to the company—the ACMA must give a copy of the notice to the applicant.

 (7D) If the company breaches the requirement set out in the subsection (7C) notice, the ACMA may, by written notice given to the applicant:

 (a) refuse to consider the application; or

 (b) refuse to take any action, or any further action, in relation to the application.

9  Paragraph 102D(3)(a)

Omit “150”, substitute “120”.

10  Paragraph 102D(5)(c)

Omit all the words after “paragraph (a)”, substitute “were published on the ACMA’s website; and”.

11  After paragraph 102D(5)(c)

Insert:

 (ca) the invitations referred to in paragraph (a) were open for whichever of the following periods is applicable:

 (i) a period of at least 80 days;

 (ii) if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and

12  After subsection 102D(7)

Insert:

Copies of responses to invitations to subscribe for shares

 (7A) If:

 (a) an application is made for a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

 (b) the applicant is an eligible joint venture company;

the ACMA may, by written notice given to the applicant, require the applicant to:

 (c) give the ACMA a copy of each of the responses to the invitations referred to in paragraph (5)(a), so far as that paragraph applies to the promoters of the applicant; and

 (d) do so within the period specified in the notice.

 (7B) If the applicant breaches the requirement set out in the subsection (7A) notice, the ACMA may, by written notice given to the applicant:

 (a) refuse to consider the application; or

 (b) refuse to take any action, or any further action, in relation to the application.

 (7C) If:

 (a) an application is made for a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

 (b) the application includes a statement to the effect that a particular company is a digital community radio broadcasting representative company for the area;

then:

 (c) the ACMA may, by written notice given to the company, require the company to:

 (i) give the ACMA a copy of each of the responses to the invitations referred to in paragraph 9C(1)(c), so far as that paragraph applies to the promoters of the company; and

 (ii) do so within the period specified in the notice; and

 (d) if the ACMA gives a notice to the company—the ACMA must give a copy of the notice to the applicant.

 (7D) If the company breaches the requirement set out in the subsection (7C) notice, the ACMA may, by written notice given to the applicant:

 (a) refuse to consider the application; or

 (b) refuse to take any action, or any further action, in relation to the application.

13  Subsection 118ND(1)

Omit “3 months”, substitute “50 days”.

14  At the end of paragraph 118NT(1)(b)

Add:

 and (iii) the fractions of multiplex capacity relating to any excess‑capacity access entitlements that have previously come into existence under subsections (4) and (7);

Part 2—Application provisions

15  Application of amendment of the Broadcasting Services Act 1992

The repeal of subsections 8AC(6) and (7) of the Broadcasting Services Act 1992 by this Schedule applies in relation to a declaration made after the commencement of this item.

16  Application of amendments of the Radiocommunications Act 1992

(1) The amendments of subsection 9C(1) of the Radiocommunications Act 1992 made by this Schedule apply in relation to an invitation given after the commencement of this item.

(2) The amendment of paragraph 102C(3)(a) of the Radiocommunications Act 1992 made by this Schedule applies in relation to a licence issued after the commencement of this item.

(3) The amendments of subsection 102C(5) of the Radiocommunications Act 1992 made by this Schedule apply in relation to an invitation given after the commencement of this item.

(4) The following provisions of the Radiocommunications Act 1992 (as amended by this Schedule) apply in relation to an invitation given after the commencement of this item:

 (a) subsection 102C(7A);

 (b) subsection 102C(7B);

 (c) subsection 102C(7C);

 (d) subsection 102C(7D).

(5) The amendment of paragraph 102D(3)(a) of the Radiocommunications Act 1992 made by this Schedule applies in relation to a licence issued after the commencement of this item.

(6) The amendments of subsection 102D(5) of the Radiocommunications Act 1992 made by this Schedule apply in relation to an invitation given after the commencement of this item.

(7) The following provisions of the Radiocommunications Act 1992 (as amended by this Schedule) apply in relation to an invitation given after the commencement of this item:

 (a) subsection 102D(7A);

 (b) subsection 102D(7B);

 (c) subsection 102D(7C);

 (d) subsection 102D(7D).

(8) The amendment of subsection 118ND(1) of the Radiocommunications Act 1992 made by this Schedule applies in relation to a licence issued after the commencement of this item.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 6 December 2017

House of Representatives on 13 February 2018]

 

(261/17)

 

Overview

The Broadcasting Legislation Amendment (Digital Radio) Act 2018 was enacted by the Parliament of Australia to amend the law relating to broadcasting with a focus on digital radio. The Act received Royal Assent on 5 March 2018, and it seeks to enhance the regulatory framework surrounding digital radio broadcasting by making several amendments to the Broadcasting Services Act 1992 and the Radiocommunications Act 1992. Among the key changes are modifications to the timeframes for invitation periods, requirements for the publication of certain information on the Australian Communications and Media Authority's (ACMA) website, and the introduction of new obligations for applicants of digital radio multiplex transmitter licences, including the provision of responses to invitations to subscribe for shares. The policy objective of these amendments is to ensure a more transparent and accountable process for digital radio broadcasting applications and to facilitate the growth of digital radio services in Australia. The Act aims to streamline and modernise the regulatory environment for digital radio broadcasting, ensuring that the processes are efficient and conducive to the expansion of digital radio services. By updating the legislative framework, the Act responds to the evolving broadcasting landscape, particularly the shift towards digital platforms, and seeks to provide a robust system that supports innovation while maintaining regulatory oversight.

Scope and Application

The Broadcasting Legislation Amendment (Digital Radio) Act 2018 applies to entities involved in the broadcasting sector in Australia, specifically targeting those seeking to apply for digital radio multiplex transmitter licences, such as eligible joint venture companies and digital community radio broadcasting representative companies. This Act operates at the national level, amending the Broadcasting Services Act 1992 and the Radiocommunications Act 1992. It specifies that the amendments to the Radiocommunications Act 1992 apply to invitations given and licences issued after the commencement of the Act, ensuring that the new provisions regarding digital radio are enforced in a timely manner. The Act includes provisions for the Australian Communications and Media Authority (ACMA) to require certain entities to submit copies of responses to invitations to subscribe for shares, with potential refusal to consider or take action on applications if these requirements are breached. The Act’s application provisions ensure that the changes are effectively implemented, providing clarity and guidance on the scope and impact of the amendments.

Key Provisions

The Broadcasting Legislation Amendment (Digital Radio) Act 2018 (C2018A00011) primarily amends the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 to facilitate the development and regulation of digital radio broadcasting in Australia. The amendments, which are detailed in Schedule 1, include repealing certain subsections and inserting new provisions to better govern the digital radio industry. Specifically, the Act repeals subsections 8AC(6) and (7) of the Broadcasting Services Act 1992 and subsections 44A(5) and (7) of the Radiocommunications Act 1992. Additionally, it modifies the invitation periods for subscription shares and mandates that invitations be published on the Australian Communications and Media Authority (ACMA) website. The Act also introduces new provisions requiring applicants for digital radio licences to provide ACMA with copies of responses to invitations to subscribe for shares. The obligations imposed by the Act on the parties it governs include ensuring that all invitations for subscription shares are published on the ACMA's website and remain open for specified periods. For foundation category 1 digital radio multiplex transmitter licences, applicants must provide ACMA with copies of all responses to such invitations if they are part of an eligible joint venture company. Similarly, for foundation category 2 digital radio multiplex transmitter licences, applicants must provide ACMA with copies of responses if they claim to be represented by a digital community radio broadcasting representative company. The ACMA has the authority to refuse to consider an application or take further action if these requirements are not met. Additionally, the Act mandates that certain amendments apply to licences issued or invitations given after the Act's commencement. The Act delineates specific consequences for non-compliance with its provisions. If an applicant fails to comply with the requirement to provide ACMA with copies of responses to invitations to subscribe for shares, the ACMA may refuse to consider the application or refuse to take any further action on it. This includes both foundation category 1 and foundation category 2 digital radio multiplex transmitter licences. The penalties for such breaches are not explicitly stated in the Act, but the consequences are significant, as they can prevent an applicant from obtaining the necessary licence to operate a digital radio service. Compliance with these obligations is crucial to avoid potential operational disruptions in the digital radio sector.

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Broadcasting & Media Law
Telecommunications Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations
Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.