Notification Under Section 40(4) of the Broadcasting Services Act 1992 - Try Media Concepts No. 2 Pty Ltd

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, was introduced to provide a comprehensive regulatory framework governing broadcasting services within Australia, addressing the need for a structured approach to the management and oversight of radio and television broadcasting. This Act aims to ensure the efficient and effective use of the radio spectrum, uphold standards of broadcasting, and protect the public interest in broadcasting content. On 19 February 2015, the Australian Communications and Media Authority exercised its authority under section 40 of the Act to allocate a non-BSB commercial radio broadcasting licence to Try Media Concepts No.2 Pty Ltd, with the service licence number SL1130310, for the designated licence area of Melbourne s40. This allocation supports the policy objective of enhancing the diversity and quality of broadcasting services available to the public in Australia.

Scope and Application

The Broadcasting Services Act 1992, through which the Australian Communications and Media Authority (ACMA) operates, governs the allocation and regulation of broadcasting services within Australia. In this context, the Act applies to entities seeking to provide broadcasting services, including commercial radio, and specifically in this case, to Try Media Concepts No.2 Pty Ltd, which has been granted a non-BSB commercial radio broadcasting licence for the Melbourne s40 area. The legislation covers the conduct and transactions of entities engaged in broadcasting, ensuring compliance with national standards and regulations. Geographically, the Act has a Commonwealth reach, applying across Australia, with specific allocations such as the one to Try Media Concepts No.2 Pty Ltd, tailored to particular licence areas. The Act does not specify exclusions or exemptions in this instance, but it provides for potential extensions and restrictions through subordinate instruments, which may further define the scope and application of the licence and its conditions.

Key Provisions

The Australian Communications and Media Authority (ACMA) has allocated a non-BSB commercial radio broadcasting licence (SL1130310) to Try Media Concepts No.2 Pty Ltd under section 40(4) of the Broadcasting Services Act 1992 (section 40(4)). This licence permits Try Media Concepts No.2 Pty Ltd to operate a radio broadcasting service in the Melbourne s40 area, which includes the Melbourne metropolitan area and surrounding regions (section 40). The allocation is made for the purpose of providing a commercial radio service to the community, subject to compliance with all relevant broadcasting standards and regulations. Try Media Concepts No.2 Pty Ltd, as the licensee, must adhere to the obligations and requirements set out in the Broadcasting Services Act 1992 and associated regulations. These obligations include ensuring that the content broadcast complies with the Australian Broadcasting Standards and ensuring adherence to the Australian Communications and Media Authority’s (ACMA) codes, standards, and guidelines. The licensee must also provide accurate and timely notifications to ACMA regarding any changes to the service, including technical changes, changes in ownership, or significant events affecting the broadcast service. Failure to comply with the provisions of the Broadcasting Services Act 1992 may result in significant consequences. The Act includes provisions for both civil and criminal penalties. For instance, breaches of broadcasting standards or regulations may lead to fines up to $1.1 million for a corporation and $220,000 for an individual, as stipulated in section 130 of the Act. Additionally, serious or repeated breaches may result in the suspension or cancellation of the broadcasting licence, as outlined in section 131 of the Act. The Act also empowers ACMA to issue infringement notices for lesser breaches, with penalties up to $22,000 as per section 136 of the Act. The specific penalties and consequences are determined by the nature and severity of the breach.