This is a compilation of the Broadcasting Services Act 1992 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Regulatory policy
5 Role of the ACMA
6 Interpretation
7 Interpretation—meaning of control
8 Interpretation—shareholding interests, voting interests, dividend interests and winding‑up interests
8A Captioning taken to be part of program
8AA Designated community radio broadcasting licence
8AB Digital program enhancement content taken to be a radio program
8AC Digital radio start‑up day
8AD Deemed radio broadcasting licence areas
8AE Local content exemption period—regional commercial radio broadcasting licensee
8AF Regional racing service radio licence
8B Remote Indigenous community
9 Act to bind the Crown
10 Extension of Act to the external Territories
10A Application of the Criminal Code
Part 2—Categories of broadcasting services
11 Categories of broadcasting services
11A Dual categorisation of international broadcasting services
12 Method of regulating particular services
13 National broadcasting services
14 Commercial broadcasting services
15 Community broadcasting services
16 Subscription broadcasting services
17 Subscription narrowcasting services
18 Open narrowcasting services
18A International broadcasting services
19 ACMA may determine additional criteria or clarify existing criteria
21 Requests to ACMA to decide which category a broadcasting service falls into
22 Matters to be considered by ACMA
Part 3—Planning of the broadcasting services bands
23 Planning criteria
26 Preparation of licence area plans
26AA Compliance with television licence area plan
26C Licence area plans not required to deal with certain digital radio broadcasting services
26D Licence area plans—how digital radio broadcasting services may be dealt with
29 Designation of licence areas
30 ACMA may determine population figures
31 Minister may reserve capacity for national broadcasters or community broadcasters
33 Development of technical planning guidelines
34 Alternative uses of broadcasting services bands
Part 4—Commercial television broadcasting licences and commercial radio broadcasting licences
Division 1—Allocation of licences
36 ACMA to determine system for allocating licences
36A Commercial radio broadcasting licences to provide analog or digital commercial radio broadcasting services
37 When licences must not be allocated
37A Limitation on number of commercial television broadcasting licences
38 ACMA to advertise for applications for certain licences
38A Additional commercial television licences in single markets
38B Additional commercial television licences in 2‑station markets
38C Commercial television broadcasting licences—services provided with the use of a satellite
39 Additional commercial radio licences in single markets
40 Allocation of other licences
41 When persons are regarded as suitable
Division 2—Services authorised by licences
41C Services authorised by commercial television broadcasting licences
41CA Services authorised by commercial television broadcasting licences allocated under section 38C
41D Services authorised by commercial radio broadcasting licences
Division 3—Licence conditions
42 Conditions of commercial broadcasting licences
43 ACMA may impose additional conditions
43AA Local news to be provided to section 38C licensees by regional commercial television broadcasting licensees
43AB Commercial television programs to be provided to section 38C licensees by metropolitan commercial television broadcasting licensees
43AC Commercial television programs to be provided to section 38C licensees by remote terrestrial licensees
43AD Compensation for acquisition of property
43B Local presence—regional commercial radio broadcasting licences
43C Local content—regional commercial radio broadcasting licences
43D Special licence conditions relating to digital radio commercial broadcasting services
44 Matters to which conditions may relate
Division 4—General provisions
45 Duration of licences
46 Applications for renewal
47 ACMA to renew licences unless it is aware of special circumstances
48 Transfer of commercial broadcasting licences
49 Surrender of commercial broadcasting licences
Part 5—Control of commercial broadcasting licences
Division 1—Preliminary
50A This Part does not apply in relation to licences allocated under section 38C or subsection 40(1)
50 Interpretation—knowledge of company
51 Means of dealing with overlapping licence areas
52 Changes in licence area populations not to put persons in breach of this Part
52A Newspapers—additional constitutional basis
Division 2—Limitation on control
53 Limitation on control of commercial television broadcasting licences
54 Limitation on control of commercial radio broadcasting licences
Division 3—Limitation on directorships
55 Limitation on numbers of directorships—television
56 Limitation on numbers of directorships—radio
Division 5—Newspapers associated with licence areas
59 Newspapers associated with commercial television or radio broadcasting licence areas
Division 5A—Media diversity
Subdivision A—Introduction
61AA Definitions
61AB Unacceptable media diversity situation
61AC Points
61AD Statutory control rules
61AE Shared content test
61AF Overlapping licence areas
Subdivision B—Prohibition of transactions that result in an unacceptable media diversity situation coming into existence etc.
61AG Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—offence
61AH Prohibition of transactions that result in an unacceptable media diversity situation coming into existence—civil penalty
61AJ Prior approval of transactions that result in an unacceptable media diversity situation coming into existence etc.
61AK Extension of time for compliance with prior approval notice
61AL Breach of prior approval notice—offence
61AM Breach of prior approval notice—civil penalty
Subdivision C—Remedial directions
61AN Remedial directions—unacceptable media diversity situation
61AP Extension of time for compliance with remedial direction
61AQ Breach of remedial direction—offence
61AR Breach of remedial direction—civil penalty
Subdivision D—Enforceable undertakings
61AS Acceptance of undertakings
61AT Enforcement of undertakings
Subdivision E—Register of Controlled Media Groups
61AU Register of Controlled Media Groups
61AV How a media group is to be entered in the Register
61AW Explanatory notes may be included in the Register
61AX Continuity of media group
61AY Initial registration of media groups
61AZ Registration of newly‑formed media group
61AZA De‑registration of media group that has ceased to exist
61AZB Registration of change of controller of registered media group
61AZC Registration of change of composition of media group
61AZCA ACMA must deal with notifications in order of receipt
61AZD Conditional transactions
61AZE Review and confirmation of entries and alterations etc.
61AZF Reconsideration of decisions
61AZG Corrections of clerical errors or obvious defects
61AZH Regulations
Division 5B—Disclosure of cross‑media relationships
61BA Definitions
61BB Disclosure of cross‑media relationship by commercial television broadcasting licensee
61BC Choice of disclosure method—commercial radio broadcasting licensee
61BD Disclosure of cross‑media relationship by commercial radio broadcasting licensee—business affairs disclosure method
61BE Disclosure of cross‑media relationship by commercial radio broadcasting licensee—regular disclosure method
61BF Disclosure of cross‑media relationship by publisher of newspaper
61BG Exception—political communication
61BH Matter or material about the business affairs of a broadcasting licensee or newspaper publisher
Division 5C—Local news and information requirements for regional commercial radio broadcasting licensees
Subdivision A—Introduction
61CA Definitions
61CAA This Division does not apply in relation to certain licences
61CB Trigger event
61CC What is local?
Subdivision B—Minimum service standards for local news and information
61CD Licensee must meet minimum service standards for local news and information
61CE Minimum service standards for local news and information
Subdivision C—Local content statements
61CF Licensee must prepare and publish local content statements
Subdivision CA—Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings
61CG Licensee to inform the ACMA how the licensee will comply with minimum service standards for emergency warnings