Broadcasting Services Act 1992

Each commercial radio broadcasting licence is subject to the following conditions:

the licensee will not, in contravention of the Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement within the meaning of that Act;

the licensee will comply with program standards applicable to the licence under Part 9 of this Act;

if the licensee provides a digital commercial radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);

the licensee will comply with subsection 130V(1) (which deals with industry standards);

the articles of association of the licensee will at all times contain:

provisions under which a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of this Act; and

provisions under which the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of this Act continuing or of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in subparagraph (iii) or (iv); and

provisions under which a person who becomes the holder of shares in the licensee is required to provide to the company a statutory declaration stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares and stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of another licence, and giving particulars of any such position; and

provisions under which a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to his or her eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of this Act;

the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;

the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee’s broadcasting facilities, allow those persons access to and control over those facilities;

if:

the licence is a broadcasting services bands licence; and

the licence authorises the licensee to provide an analog commercial radio broadcasting service;

the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;

the licensee will commence to provide at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;

the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;

the licensee will comply with a requirement that is applicable to the licensee under section 61BD or 61BE (which deal with the disclosure of cross‑media relationships);

the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial radio broadcasting service under the licence unless the service is a digital commercial radio broadcasting service.

Each commercial radio broadcasting licence is also subject to the following conditions:

the licensee will provide a service or services that, when considered together with other broadcasting services available in the licence area of the licence (including another service or services operated by the licensee), contributes to the provision of an adequate and comprehensive range of broadcasting services in that licence area;

the licensee will remain a suitable licensee;

if a requirement under Division 5C of Part 5 (which sets out local news and information requirements) applies to the licensee—the licensee will comply with that requirement.

Each commercial radio broadcasting licence is also subject to the condition that the licensee will not provide commercial radio broadcasting services under the licence outside the licence area of the licence unless:

the provision of those services outside that licence area occurs accidentally; or

the provision of those services outside that licence area occurs as a necessary result of the provision of commercial radio broadcasting services within the licence area; or

both:

the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

the ACMA has given permission in writing; or

all of the following subparagraphs apply:

the first‑mentioned licensee satisfies the ACMA that there is a person (the eligible person) who is in a commercial radio broadcasting licence area (the second licence area) that is not the same as the first‑mentioned licence area and who is not receiving adequate reception of a commercial radio broadcasting service or services provided by a commercial radio broadcasting licensee for the second licence area;

the provision of the first‑mentioned services outside the first‑mentioned licence area occurs only to the extent necessary to provide adequate reception of the first‑mentioned services to the eligible person;

the ACMA has given permission in writing.