AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
NOTICE OF INTENTION TO IMPOSE ADDITIONAL LICENCE CONDITION ON COMMERCIAL RADIO BROADCASTING LICENCE NO. 3032
Pursuant to subsection 43(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority hereby gives notice that it proposes to impose an additional condition on the commercial radio broadcasting licence identified by the licence number 3032, held by Today FM (Sydney) Pty Ltd (the Licensee), in the following terms.
Proposed condition
For a period of three (3) years from the date of Gazettal of this condition under subsection 43(4) of the Broadcasting Services Act 1992, the Licensee must comply with clause 6.1 of the Commercial Radio Australia Codes of Practice and Guidelines 2011, or any equivalent provision or provisions replacing clause 6.1 in any replacement code registered by the Australian Communications and Media Authority.
Overview
The Broadcasting Services Act 1992 was enacted to establish a regulatory framework for broadcasting services in Australia, ensuring that broadcasting is conducted in a manner that is in the public interest. The Act was introduced to address the need for a cohesive and comprehensive legislative regime that could manage the burgeoning broadcasting industry, encompassing both commercial and non-commercial broadcasting services. The Australian Parliament enacted this legislation to provide a statutory basis for the regulation of broadcasting, including the imposition of licence conditions and the establishment of the Australian Communications and Media Authority (ACMA). The policy objective of the Act is to ensure that broadcasting services are provided in a manner that reflects the diversity of the Australian community, supports the free exchange of ideas and information, and adheres to standards that protect consumers and uphold community standards. The ACMA, as the enacting body, aims to ensure that broadcasting services comply with these standards and objectives through the imposition of licence conditions as necessary.
Scope and Application
The Broadcasting Services Act 1992 provides the legislative framework under which the Australian Communications and Media Authority (ACMA) can impose conditions on broadcasting licences, including commercial radio broadcasting licences. In this instance, ACMA has issued a notice of its intention to impose an additional licence condition on Commercial Radio Broadcasting Licence No. 3032, held by Today FM (Sydney) Pty Ltd. This Act applies to entities such as Today FM (Sydney) Pty Ltd, which holds a commercial radio broadcasting licence, and the application is limited to the specific licence in question. The Act's jurisdictional reach is within the Commonwealth of Australia, and it applies to conduct and transactions related to the operation of the specified radio broadcasting licence. There are no exclusions, exemptions, or thresholds specified in the notice itself, although such details might be elaborated in the subordinate instruments or codes referenced within the Act. The proposed condition mandates compliance with clause 6.1 of the Commercial Radio Australia Codes of Practice and Guidelines 2011 or any equivalent provisions that might replace it in future codes registered by ACMA.
Key Provisions
The proposed additional licence condition (Gazetted as C2015G01196) on the commercial radio broadcasting licence number 3032, held by Today FM (Sydney) Pty Ltd, mandates compliance with clause 6.1 of the Commercial Radio Australia Codes of Practice and Guidelines 2011, or any subsequent equivalent provisions (subsection 43(2) of the Broadcasting Services Act 1992). This requirement is set to remain in effect for a period of three years from the date of the gazette. The clause in question, 6.1, likely pertains to specific broadcasting standards or practices, although the exact content of the clause is not detailed in the notice itself.
The obligation imposed on the licensee, Today FM (Sydney) Pty Ltd, is to adhere to the specified clause, ensuring their broadcasting practices align with the regulatory standards set forth by the Australian Communications and Media Authority (ACMA). This involves regular monitoring and compliance checks to ensure the licensee meets the necessary standards during the stipulated period. The licensee must maintain records or documentation that demonstrate their adherence to the specified clause, which could be subject to review or audit by the ACMA.
Should Today FM (Sydney) Pty Ltd fail to comply with the proposed condition, it could result in various consequences as outlined in the Broadcasting Services Act 1992. The Act provides for the imposition of penalties, which could include fines or other administrative actions. While the specific penalties are not detailed in the notice, the Act generally allows for substantial financial penalties for non-compliance with broadcasting licence conditions. Additionally, continued non-compliance could lead to further regulatory action, potentially including the suspension or revocation of the broadcasting licence.