Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 4th December 2025

Overview

The Broadcasting Services Act 1992, enacted by the Australian Parliament, aims to regulate broadcasting services across Australia, ensuring compliance with legislative standards and promoting the public interest. The Act establishes a framework for the regulation of commercial and community broadcasting services, including the licensing of broadcasters. The Act was introduced to address the need for a comprehensive regulatory system to manage the burgeoning broadcasting industry, ensuring that broadcasters operate within legal and ethical boundaries. The policy objective is to maintain high standards of broadcasting while fostering a diverse and competitive media environment. The Australian Communications and Media Authority (ACMA) is responsible for the administration and enforcement of the Act, including the renewal of commercial broadcasting service licences. The ACMA is mandated to renew these licences unless it determines that an applicant is no longer a suitable licensee, based on factors such as the company's business record, history of compliance, and convictions or penalties related to broadcasting laws.

Scope and Application

The Broadcasting Services Act 1992 governs the application and renewal process for commercial broadcasting service licenses in Australia, with the Australian Communications and Media Authority (ACMA) playing a pivotal role in determining the suitability of licensees. This Act applies to companies that hold or seek to renew commercial broadcasting service licenses within specific service areas across various states, including Victoria, South Australia, New South Wales, Western Australia, Queensland, and South Australia. The legislation does not specify any particular exclusions or exemptions but focuses on assessing the business and personal records of applicants to determine their suitability for license renewal. The ACMA’s decision is guided by subsection 41(3) of the Act, which mandates consideration of the applicant’s past compliance with broadcasting laws, their record in matters requiring trust and candour, and any prior convictions or penalties. Notably, the Act allows the ACMA to make decisions on license renewals without the need for formal investigations or hearings, streamlining the process for both applicants and the regulatory authority.

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), detailing applications from various commercial broadcasting service licensees seeking renewal of their licences. These companies include Prime Television (Victoria) Pty Limited, Imparraja Television Pty Ltd, Prime Television (Southern) Pty. Limited, Prime Television (Northern) Pty Limited, WIN Television Griffith Pty Ltd, Sports Entertainment Network Pty LTD, Regional Broadcasters Australia Pty Limited, Coastal Broadcasters Pty Ltd, South Eastern Broadcasters Pty Ltd, and Radio Goulburn Pty Ltd. Each of these entities has applied for the renewal of their respective licences as specified in the notice, which identifies the service area and the state where the service is provided. The Act imposes a responsibility on the ACMA to renew the licences unless it determines that an applicant is no longer a suitable licensee. To make this determination, the ACMA must assess whether any of the criteria in subsection 41(2) of the Act apply to the applicant. This includes evaluating whether allowing the licensee to continue to provide the commercial broadcasting service would lead to a significant risk of an offence against the Act or the regulations, a breach of a civil penalty provision, or a breach of the licence conditions. In making this assessment, the ACMA is required to consider several factors, including the business record and the record in situations requiring trust and candour of the company and any individuals who would control the licence if it were renewed. The ACMA must also consider any prior convictions or civil penalty orders against the company or controlling individuals. Failure to comply with the requirements of the Act or the regulations, or breaches of the licence conditions, may lead to civil or criminal consequences. The maximum penalties for breaches can vary depending on the specific offence and the provisions of the Act and related regulations. For instance, offences against the Act or the regulations could result in fines or imprisonment, while breaches of civil penalty provisions could incur financial penalties. The ACMA has the authority to impose these penalties based on the severity and nature of the breach. Furthermore, the Act does not mandate that the ACMA hold an investigation or a hearing into the renewal of a licence, as stipulated in subsection 47(3) of the Act.