AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 3 April 2024

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
Radio 3BO Pty Limited	10367	BENDIGO RA1	VIC
Bundaberg Broadcasters Pty Ltd	4169	BUNDABERG RA1	QLD
Prime Radio (Mackay-AM) Pty Limited	4181	MACKAY RA1	QLD
Radio Central Victoria Pty Ltd	10098	MILDURA RA1	VIC
Commonwealth Broadcasting Corporation Pty Ltd	4103	SYDNEY RA1	NSW
Prime Radio (Cairns-AM) Pty Limited	4170	CAIRNS RA1	QLD

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)).