Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 16th June 2026

Overview

The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate broadcasting services and ensure compliance with relevant laws and standards. The Act provides for the licensing of commercial broadcasters, among other things, and addresses the need for oversight to ensure that broadcasting services are managed responsibly and do not pose significant risks to the public or the integrity of the broadcasting industry. The policy objective of the Act is to maintain a broadcasting system that is fair, efficient, and responsive to the needs of the community while safeguarding the interests of broadcasters and the public. The Act was introduced to fill a legislative gap in the regulation of broadcasting services, particularly in the commercial sector, ensuring that broadcasters operate within the legal framework and adhere to the standards set by the Australian Communications and Media Authority (ACMA). The ACMA is tasked with overseeing the renewal of broadcasting licences and determining whether applicants remain suitable to hold such licences, considering factors such as their business and compliance records.

Scope and Application

The Broadcasting Services Act 1992, which governs the regulation of broadcasting services in Australia, encompasses entities such as commercial broadcasters who are required to apply for the renewal of their service licences as mandated under subsection 46(2). This Act applies specifically to companies that hold commercial broadcasting service licences, which are identified by a unique Broadcasting Service Licence (BSL) number and cover specific service areas across various states and territories. The ACMA is tasked with determining the suitability of these companies for licence renewal, taking into consideration factors such as the company’s business and ethical records, as well as any past convictions or penalties related to breaches of the Act or its regulations. The Act does not mandate investigations or hearings for licence renewals, except in cases where there is a significant risk of an offence, breach, or non-compliance occurring. This statutory framework is applicable nationally, extending its reach across all states and territories of Australia. The Act's provisions are subject to further clarification or expansion through subordinate instruments, which may define specific criteria or procedures not explicitly stated in the primary legislation.

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) regarding the renewal of commercial broadcasting service licences. Companies such as Ballarat Sports Radio Pty Ltd, Radio Snowy Mountains Pty Ltd, North West Radio Pty Ltd, and others have applied for the renewal of their licences. The ACMA is obligated to renew these licences unless it determines that the applicant is no longer a suitable licensee. A company is deemed suitable if the ACMA has not decided that subsection 41(2) of the Act applies to it. The ACMA may decide that subsection 41(2) of the Act applies if it is convinced that allowing the licensee to provide or continue to provide a commercial broadcasting service would lead to a significant risk of an offence against the Act or regulations, a breach of a civil penalty provision, or a breach of the licence conditions. When making this decision, the ACMA must consider several factors, including the business record of the company, its record in situations requiring trust and candour, the records of individuals controlling the licence, convictions against the company or individuals, and any civil penalty orders made against them. Under the Act, the ACMA is not required to hold an investigation or a hearing to determine whether a licence should be renewed. This means that the renewal process is relatively straightforward unless the ACMA identifies issues under subsection 41(2) of the Act. Failure to comply with the provisions of the Act or the regulations may result in various consequences. Offences against the Act can lead to criminal charges, while breaches of civil penalty provisions may result in financial penalties. The maximum penalties for such breaches are determined by the severity of the offence and the specific provisions of the Act or regulations involved. The ACMA can also impose conditions on licences, and failure to meet these conditions can lead to the revocation or suspension of the licence, thereby impacting the broadcaster's ability to operate.