Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 27th March 2026

Overview

The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate the broadcasting industry and to ensure that commercial broadcasters operate in the public interest. The Act fills a critical gap by establishing a framework for the licensing and operation of broadcasting services, thereby ensuring compliance with national standards and regulations. The Australian Communications and Media Authority (ACMA) is tasked with overseeing the administration and enforcement of this Act, ensuring that broadcasters meet the necessary standards and conditions. The policy objective of the Act is to maintain a broadcasting system that serves the public interest by providing diverse, high-quality content while protecting the rights of viewers, listeners, and other stakeholders. ACMA’s role in the renewal process of commercial broadcasting service licenses ensures that only suitable licensees are allowed to operate, thereby maintaining the integrity and quality of the broadcasting services provided to the Australian public.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice of 27th March 2026, issued by the Australian Communications and Media Authority (ACMA), pertains to the renewal applications for commercial broadcasting service licences lodged by several companies. These applications are governed under subsection 46(2) of the Broadcasting Services Act 1992 (the Act), which mandates that the ACMA renews these licences unless it determines that the applicant is no longer a suitable licensee. The determination hinges on whether the ACMA is satisfied that allowing the licensee to provide or continue to provide a commercial broadcasting service under a licence would lead to a significant risk of committing an offence against the Act or regulations, breaching a civil penalty provision, or breaching the conditions of the licence. The assessment criteria specified in subsection 41(3) of the Act include the business and trust records of the company and its controlling individuals, past convictions, and any civil penalty orders. Notably, the Act does not require the ACMA to hold an investigation or a hearing into whether a licence should be renewed.

Key Provisions

The Gazetted Notice from the Australian Communications and Media Authority (ACMA) pertains to the applications for renewal of commercial broadcasting service licences under subsection 46(2) of the Broadcasting Services Act 1992 (the Act) (subsection 46(2)). The Notice lists the companies that have applied for licence renewal, including BSL numbers and service areas (subsection 46(2)). These companies are ACE Radio Broadcasters Pty Ltd, Great Northern Broadcasters Pty Ltd, East Coast Radio Pty Ltd, Consolidated Broadcasting System (WA) Pty Ltd, Western Broadcasters Pty Ltd, Mudgee Broadcasting Company Pty Ltd, Parkes Broadcasting Company Pty Ltd, Gympie-Noosa Broadcasters Pty Ltd, Radio 4AK Pty Ltd, and WIN Radio Pty Ltd. The obligations imposed on the ACMA under the Act require it to renew these broadcasting service licences unless it determines that the applicant is no longer a suitable licensee. To assess suitability, the ACMA must ensure that subsection 41(2) of the Act does not apply to the applicant. This means that the ACMA must be satisfied that allowing the licensee to continue providing a commercial broadcasting service would not lead to a significant risk of an offence against the Act or the regulations being committed, a breach of a civil penalty provision occurring, or a breach of the licence conditions occurring (subsection 41(2)). The ACMA's decision must consider several factors, including the business record of the company, its record in situations requiring trust and candour, the records of individuals in positions to control the licence, any convictions against the company or controlling individuals, and whether any civil penalty orders have been made against the company or controlling individuals (subsection 41(3)). Failure to adhere to these requirements may result in civil or criminal consequences, depending on the nature and severity of the breach. For example, breaches of the Act or regulations could lead to criminal charges, while breaches of licence conditions may result in civil penalties. The specific penalties depend on the nature of the breach and the provisions of the Act or regulations. The Act does not mandate the ACMA to conduct an investigation or hearing before deciding on licence renewal (subsection 47(3)).