AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice –30 April 2025
In accordance with subsection 46(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) gives notice that the companies listed below have lodged applications for the renewal of the following commercial broadcasting service licences:
Commercial Broadcasting Licensees | SL No | Service Area | State |
Eastern Australia Satellite Broadcasters Pty Ltd | 1130136 | WESTERN ZONE TV1 | WA |
Eastern Australia Satellite Broadcasters Pty Ltd | 4099 | SOUTH EASTERN AUSTRALIA TV3 | NSW |
RADIO 2GB SYDNEY PTY LTD | 10418 | SYDNEY RA1 | NSW |
Resonate Regional Radio Pty Limited | 1170169 | QUEENSLAND S40 | SA |
Resonate Regional Radio Pty Limited | 1150104 | EMERALD RA1 | QLD |
Labor Media Pty Limited | 4119 | SYDNEY RA1 | NSW |
Nova 96.9 Pty Ltd | 10072 | SYDNEY RA1 | NSW |
Richmond River Broadcasters Pty Ltd | 10404 | LISMORE RA1 | NSW |
Elldale Pty Ltd | 4118 | BRIDGETOWN RA1 | WA |
Radio West Broadcasters Pty Ltd | 10399 | BUNBURY RA1 | WA |
Super Young 2LF Pty Ltd | 10400 | YOUNG RA1 | NSW |
Radio West Broadcasters Pty Ltd | 10178 | NARROGIN RA1 | WA |
Elldale Pty Ltd | 4139 | KATANNING RA1 | WA |
5AU Broadcasters Pty Ltd | 4182 | RIVERLAND RA1 | SA |
Victorian Radio Network Pty Ltd | 1170169 | MELBOURNE RA1 | VIC |
Rockhampton Broadcasting Co. Pty Ltd | 1150104 | ROCKHAMPTON RA1 | QLD |
Blue Mountains Broadcasters Pty Ltd | 4116 | KATOOMBA RA1 | NSW |
The ACMA is required to renew these licences unless it decides that an applicant is no longer a suitable licensee. A company is a suitable licensee if the ACMA has not decided that subsection 41(2) of the Act applies to the company.
The ACMA may decide that subsection 41(2) of the Act applies to a licensee if it 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:
- an offence against the Act or the regulations being committed;
- a breach of a civil penalty provision occurring; or
- a breach of the conditions of the licence occurring.
In deciding whether subsection 41(2) of the Act applies, the ACMA is required by subsection 41(3) to take into account: (a) the business record of the company; (b) the company's record in situations requiring trust and candour; (c) the business record of each person who is, or would be, if a licence were allocated to the applicant, in a position to control the licence; (d) the record in situations requiring trust and candour of each such person; (e) whether the company, or a person referred to in paragraph (c) or (d), has been convicted of an offence against the Act or the regulations; and (f) whether a civil penalty order has been made against the company or a person referred to in paragraph (c) or (d).
The Act does not require the ACMA to hold an investigation or a hearing into whether a commercial broadcasting service licence should be renewed (subsection 47(3)).
Overview
The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate the broadcasting industry in the country. This legislation was introduced to address the need for a comprehensive regulatory framework to oversee broadcasting services, ensuring they comply with certain standards and obligations. The Act provides the Australian Communications and Media Authority (ACMA) with the authority to issue, vary, and renew broadcasting service licences, as well as to enforce compliance with its provisions. The policy objective of the Act is to promote a diverse, independent, and efficient broadcasting sector that serves the public interest, while also protecting consumers and ensuring the integrity of the broadcasting services provided.
Scope and Application
The Broadcasting Services Act 1992 governs the application process for the renewal of commercial broadcasting service licences in Australia, with the Australian Communications and Media Authority (ACMA) playing a pivotal role in this regulatory framework. The Act applies to entities that have already been granted a commercial broadcasting service licence and are seeking renewal. These entities, which are primarily private companies, operate across various service areas within the states of Western Australia, New South Wales, Queensland, South Australia, and Victoria. The Act does not mandate an investigation or hearing process for licence renewals, although it does require the ACMA to assess whether the applicant remains a suitable licensee by considering factors such as the business and personal records of the company and its controllers, past convictions, and any previous breaches of the Act or its regulations. The geographic reach of the Act is national, as it applies to broadcasters operating across multiple states, but the specific service areas mentioned in the notice indicate a focus on regional and metropolitan broadcasting services. The Act’s provisions do not specify any exclusions or thresholds for the renewal process, though the suitability criteria outlined in subsection 41(2) serve as a de facto threshold that applicants must meet to avoid disqualification.
Key Provisions
The Australian Communications and Media Authority (ACMA) has notified that certain broadcasting companies have applied for the renewal of their commercial broadcasting service licences under subsection 46(2) of the Broadcasting Services Act 1992 (the Act). The companies listed have applied for licences in various service areas across Australia. These include Eastern Australia Satellite Broadcasters Pty Ltd for WESTERN ZONE TV1 in Western Australia and SOUTH EASTERN AUSTRALIA TV3 in New South Wales, RADIO 2GB SYDNEY PTY LTD for SYDNEY RA1 in New South Wales, and several others. The ACMA is mandated to renew these licences unless it determines that the applicants are no longer suitable licensees.
The Act outlines criteria that determine a company's suitability to hold a broadcasting licence. Specifically, subsection 41(2) of the Act states that a company is not suitable if the ACMA believes there is a significant risk that the company would commit an offence against the Act or the regulations, breach a civil penalty provision, or violate the conditions of the licence. When assessing this, the ACMA must consider the company's business record, its record in situations requiring trust and candour, the records of individuals who control the company, any previous convictions of the company or individuals, and whether any civil penalty orders have been made against them.
The Act does not require the ACMA to conduct an investigation or a hearing when deciding whether to renew a commercial broadcasting service licence, as per subsection 47(3). This means that the decision to renew a licence is based on the information and records available to the ACMA without the need for formal hearings or investigations.
In terms of consequences, if the ACMA decides that an applicant is not a suitable licensee, the licence renewal will not proceed. This decision can be based on the factors outlined in subsection 41(2) of the Act. There are no specified penalties mentioned in the text for failing to renew a licence or for being deemed unsuitable, but the impact would be the cessation of the broadcasting service if the licence is not renewed.