Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 10th February 2026

Overview

The Broadcasting Services Act 1992 was enacted by the Commonwealth Parliament to regulate the broadcasting industry in Australia, ensuring that broadcasting services are provided efficiently, economically, and in the public interest. This Act addresses the need for a regulatory framework that governs the licensing of commercial broadcasters, their content standards, and the protection of consumers and the public. The Act provides the Australian Communications and Media Authority (ACMA) with the necessary powers to issue, renew, or refuse broadcasting service licences. The policy objective is to maintain a broadcasting system that is diverse, efficient, and serves the public interest by upholding standards of integrity, quality, and accountability among broadcasters. The ACMA is tasked with the responsibility of ensuring that broadcasters comply with the conditions of their licences and the provisions of the Act, without the need for formal investigations or hearings for licence renewals, as outlined in subsection 47(3).

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice 2026 issued by the Australian Communications and Media Authority (ACMA) pertains to various commercial broadcasting service licence renewal applications lodged by specified companies. These applications are for licences that are primarily located in different regions across the states of New South Wales, Victoria, Queensland, South Australia, and Western Australia. The Act applies to these companies, requiring the ACMA to evaluate whether they remain suitable to hold these licences, based on their compliance history, trustworthiness, and any previous convictions or penalties incurred under the Act or its regulations. The geographic reach of this application process is national, extending across multiple states, with no exclusions mentioned for specific industries or types of conduct. The ACMA is mandated to renew the licences unless it determines that the applicant is unsuitable, considering factors such as the applicant's business and personal records, and past compliance with broadcasting laws. The notice underscores that no formal investigation or hearing is necessary for the renewal decision, simplifying the administrative process for the ACMA.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice under subsection 46(2) of the Broadcasting Services Act 1992 (the Act), notifying the public of applications for the renewal of commercial broadcasting service licences by several companies. These companies include NBN Pty Ltd, WA Satco Pty Ltd, WIN Television Griffith Pty Ltd, Australian Capital Television Pty Ltd, Midwest Radio Network Pty Ltd, West Coast Radio Pty Ltd, Regional Broadcasters Australia Pty Limited, Coastal Broadcasters Pty Ltd, South Eastern Broadcasters Pty Ltd, Radio 6PR Perth Pty Ltd, North West Radio Pty Ltd, Radio Goulburn Pty Ltd, 2MO Gunnedah Pty Ltd, Manning Valley Max The Heat FM Pty Ltd, ACE Radio Broadcasters Pty Ltd, Sunshine Coast Broadcasters Pty Ltd, AMI Radio Pty Ltd, Resonate Broadcasting Pty Ltd, Port Macquarie Super AM 531 Pty Ltd, Townsville Broadcasters Pty. Limited, New England Broadcasters Pty Ltd, Belcap Investments Pty Ltd, Northern Broadcasters Pty Ltd, Radio 6AM Pty Ltd, Radio Newcastle Pty Ltd, and GENERAL TELEVISION CORPORATION PROPRIETARY LIMITED. The Act mandates that these licences are to be renewed unless the ACMA determines that the applicant is no longer a suitable licensee, as outlined in subsection 41(2) of the Act. The obligations imposed by the Act on these companies primarily revolve around the suitability criteria for licence renewal. To determine whether a company is a suitable licensee, the ACMA must consider various factors, including the business record of the company, the company's track record in situations requiring trust and candour, the business and personal records of individuals who control the licence, and any prior convictions or civil penalty orders against the company or controlling individuals. The ACMA must also assess whether the company poses a significant risk of committing offences against the Act or regulations, breaching civil penalty provisions, or violating the conditions of the licence. The Act does not require the ACMA to conduct investigations or hearings as part of this suitability assessment process, as stated in subsection 47(3). In the event that a company fails to meet the suitability criteria or violates the conditions of its licence, the Act provides for both civil and criminal consequences. Civil penalties may be imposed for breaches of the Act or regulations, with specific penalties outlined in the regulations. Criminal penalties may also apply for more serious offences, such as those involving deliberate or reckless conduct. The maximum penalties can vary widely depending on the nature and severity of the offence, but they may include substantial fines and, in some cases, imprisonment. Companies found to be unsuitable licensees may also face the revocation of their broadcasting licences, which could have significant financial and operational impacts.