Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 4th March 2026

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was introduced to regulate and ensure the efficient and effective provision of broadcasting services in Australia. The Act provides a legislative framework to address issues related to the licensing and operation of broadcasting services, ensuring compliance with standards and regulations designed to protect the public interest. The policy objective of the Act is to balance the need for freedom of expression with the regulation necessary to maintain the integrity and quality of broadcasting services. In accordance with the Act, the Australian Communications and Media Authority (ACMA) is mandated to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee. A licensee is deemed unsuitable if the ACMA concludes that there is a significant risk of offences, breaches of civil penalty provisions, or licence conditions occurring. The ACMA must consider several factors in making this determination, including the business and ethical records of the applicant and any relevant convictions or penalties.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice pertains to commercial broadcasting service licence renewals, as outlined by the Australian Communications and Media Authority (ACMA). This notice applies to specific companies that have applied for the renewal of their broadcasting service licences under subsection 46(2) of the Broadcasting Services Act 1992, which is applicable nationally across Australia. The ACMA is mandated to renew these licences unless it determines that the applicant is no longer a suitable licensee, based on criteria stipulated in subsection 41(2) of the Act. The suitability assessment considers the applicant's business and personal records, convictions, and prior breaches of the Act or its regulations. Notably, the Act does not mandate the ACMA to conduct an investigation or hearing to decide on the renewal of a broadcasting licence, as per subsection 47(3).

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 applications for the renewal of commercial broadcasting service licences. Several companies have applied for the renewal of their licences, which include both national and regional broadcasting services. The ACMA will proceed with the renewal unless it determines that any of the applicants is no longer a suitable licensee, as outlined under subsection 41(2) of the Act. The ACMA must assess the suitability of each applicant based on several criteria. A company is considered unsuitable if there is a significant risk that allowing it to provide or continue to provide a broadcasting service would lead to an offence against the Act or the regulations, a breach of a civil penalty provision, or a breach of the licence conditions. When determining suitability, the ACMA considers factors such as the company's business record, its history in situations requiring trust and candour, the records of individuals controlling the company, convictions, and any civil penalty orders against the company or its controllers. The Act does not mandate an investigation or a hearing before deciding on the renewal of the licences. For those applying for licence renewal, the obligations are clear: they must meet the suitability criteria set out by the ACMA. This includes demonstrating a good business and ethical record, particularly in areas requiring high trust and candour. Companies must also ensure that any individuals who would control the licence have clean records with no convictions or civil penalty orders related to the Act or its regulations. Failure to meet these standards could result in the ACMA denying the renewal application. The consequences for non-compliance are significant. If the ACMA determines that an applicant is not suitable, it may refuse to renew the licence, potentially leading to the cessation of broadcasting services. Additionally, any breach of the Act, the regulations, or licence conditions can result in penalties. The maximum penalties for serious offences under the Act can include substantial fines and, in some cases, imprisonment. Civil penalties for breaches of certain provisions can also be imposed, which further underscores the importance of compliance with the Act's requirements.