Broadcasting Services Act 1992

Each community 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 not broadcast advertisements, and the licensee will not broadcast sponsorship announcements otherwise than as mentioned in this clause;

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

the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);

if the licensee provides a digital community 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 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;

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 the provision of 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 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 community broadcasting service under the licence unless the service is a digital community radio broadcasting service;

if a television licence area plan applies to the licence area—the licensee will comply with subsection 26AA(3).

Each community broadcasting licence is also subject to the following conditions:

the licensee will remain a suitable licensee;

the licensee will continue to represent the community interest that it represented at the time when the licence was allocated or was last renewed;

the licensee will encourage members of the community that it serves to participate in:

the operations of the licensee in providing the service or services; and

the selection and provision of programs under the licence;

the licensee will provide the service or services for community purposes;

the licensee will not operate the service or services for profit or as part of a profit‑making enterprise.

Paragraph (2)(e) does not prevent a designated community radio broadcasting licensee from holding shares in a digital community radio broadcasting representative company (within the meaning of the Radiocommunications Act 1992).

Each community broadcasting licence is also subject to the condition that the licensee will not provide community 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 community 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 community 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 community broadcasting service or services provided by a community 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.

Each community broadcasting licence that has been transferred is also subject to the condition that the transferee must, within 7 days after the transfer, notify the ACMA of the transfer. A notification must be in accordance with a form approved in writing by the ACMA.

A community broadcasting licensee may broadcast sponsorship announcements on a particular community broadcasting service. However, they must not run in total for more than:

if the licensee is a community television broadcasting licensee—7 minutes in any hour of broadcasting on that service; or

in any other case—5 minutes in any hour of broadcasting on that service.

A community television broadcasting licensee may broadcast sponsorship announcements only during periods before programs commence, after programs end or during natural program breaks.

In working out the length of time devoted to the broadcasting of sponsorship announcements, account is not to be taken of the broadcasting by a community broadcasting licensee of any of the following:

material that publicises programs to be broadcast by the licensee;

material that promotes the licensee’s products, services or activities for the broadcast of which the licensee does not receive any consideration in cash or in kind;

community information or community promotional material for the broadcast of which the licensee does not receive any consideration in cash or in kind;

sponsorship announcements consisting of moving text that is overlaid on a test pattern.

Paragraph (1)(b) applies to a community broadcasting service targeted, to a significant extent, to one or more remote Indigenous communities as if the words “for which the licensee receives any consideration in cash or in kind” were inserted after “advertisements”.