ACMA Media Release 42- 6 June 2012
Today FM has filed an application for review with the Administrative Appeals
Tribunal in respect of the licence
condition recently imposed by the ACMA on Today FM's commercial radio
licence. Under the application, Today FM is seeking to substitute a new licence
The ACMA intends to contest Today FM's application.
The condition imposed by the ACMA will continue to have effect pending any
decision by the AAT.
As this matter is before the Tribunal the ACMA is not able to make any
further comment at this time.
ACMA conducts investigations under the Broadcasting Services Act
1992 (the BSA).
The ACMA's powers
The ACMA has a range of powers intended to enable it to deal effectively
with breaches of the rules, including the codes developed under the BSA.
For example, where there has been a breach of the commercial radio codes,
the ACMA may accept an enforceable undertaking for the purpose of securing
future compliance with the codes or may impose an additional licence condition
under section 43 of the BSA.
Before an additional licence condition can be imposed the ACMA first needs
to give the licensee written notice of its intention to impose the licence
condition; the licensee must be given a reasonable opportunity to make
representations to the ACMA in relation to the proposed condition and the
proposed condition must be published in the Commonwealth Gazette. The licensee
can apply to the Administrative Appeals Tribunal for review of an ACMA's
decision to impose a licence condition.
If an additional licence condition is imposed and the licensee breaches that
condition, then as alternatives to suspending or cancelling the licence, the
ACMA has power to issue a remedial direction requiring compliance. In the event
that the licensee does not comply with a remedial direction, the ACMA may:
- pursue a civil penalty in the Federal Court
- refer the matter for prosecution to the DPP as an offence
- at any time, accept an enforceable undertaking (including provisions
dealing with compliance with a code).