ABOUT FORM ACMA B2/B3 - acma.gov.au€¦ · Web viewGuidance Notes for ACMA form B2/B3....

Guidance Notes for ACMA form B2/B3

Notification of changes in control pursuant to sections 63 and 64 of the Broadcasting Services Act 1992.

TABLE OF CONTENTS

WHO SHOULD LODGE THIS FORM?................................................................................................3

Licensees....................................................................................................................................3

Publishers...................................................................................................................................3

Controllers..................................................................................................................................3

LODGMENT INFORMATION............................................................................................................3

What notification is required under section 63 of the Act?.......................................................3

What notification is required under section 64 of the Act?.......................................................4

Who is in a position to exercise control of a licence or a newspaper?.......................................4

Help with lodging a notification.................................................................................................4

When should a notification be lodged?......................................................................................4

Failure to lodge a notification....................................................................................................4

Notes on completing the form...................................................................................................5

Collection, use and disclosure of personal information.............................................................5

GENERAL GUIDANCE NOTES FOR THE B2/B3 FORM.......................................................................6

Form Navigation.........................................................................................................................6

ACCESSING THE B2/B3 FORM.........................................................................................................8

How to login with AUSkey..........................................................................................................8

How to access the form as a guest.............................................................................................8

COMPLETING THE B2/B3 FORM - SECTION BY SECTION.................................................................9

Introduction Page.......................................................................................................................9

Contact Details Page................................................................................................................10

Part A - Media Operations Page ..............................................................................................10

Part B - Assuming Control Page................................................................................................11

Part C - Ceasing Control Page...................................................................................................12

Part D - Certification Page

Part E - Appendix Page.............................................................................................................12

Finish Page...............................................................................................................................13

CONTACT INFORMATION..............................................................................................................14

APPENDIX.....................................................................................................................................15

Guidance Notes to filling out the Control Spreadsheet............................................................15

ACMA Form B2/B3: Guidance Notes

NOTE: THESE GUIDANCE NOTES ARE NOT A SUBSTITUTE FOR LEGAL ADVICE

ABOUT FORM ACMA B2/B3This form supersedes all previous ACMA B2/B3 forms.

WHO SHOULD LODGE THIS FORM?

Licensees A commercial television broadcasting licence, a commercial radio broadcasting licence, or a datacasting transmitter licensee who becomes aware that a person has become or ceased to be in a position to exercise control of the licence.

Note: The notification requirements under sections 63 and 64 of the Broadcasting Service Act 1992 (the Act) do not apply in respect to licences allocated under section 40 of the Act.

Publishers A publisher of an associated newspaper who becomes aware that a person has become or ceased to be in a position to exercise control of the newspaper.

Note: An associated newspaper is a newspaper that is entered into the Associated Newspaper Register (ANR) as being associated with the licence area of a commercial television broadcasting licence or a commercial radio broadcasting licence. The Australian Communications and Media Authority (ACMA) maintains the ANR under section 59 of the Act. The ACMA is required to enter the name of the newspaper in the ANR if the relevant criteria are met, including where the ACMA is satisfied:

- that at least fifty percent of the circulation of the newspaper is within the licence area of a commercial television broadcasting licence;

- that a) at least fifty percent of the circulation of the newspaper is within the licence area of a commercial radio broadcasting licence; and b) the circulation of the newspaper within that radio licence area is at least two percent of the licence area population.

A newspaper is defined under section 6 of the Act as a newspaper that is in the English language and is published on at least four days in each week, and at least 50 per cent of its circulation is by way of sale.

ControllersA person (whether a company or a natural person) who was not in a position to exercise control of a commercial television broadcasting licence, a commercial radio broadcasting licence, a datacasting transmitter licence, or an associated newspaper who becomes aware that they are in a position to exercise control of the licence or newspaper.

Note: You can provide one form on behalf of multiple persons, but only where the notification relates to one change of control event.


LODGMENT INFORMATION

What notification is required under section 63 of the Act? Under section 63 of the Act, where licensee and publishers become aware that:

- a) a person(s) who was not in a position to exercise control of a commercial television broadcasting licence, a commercial radio broadcasting licence, a datacasting transmitter licence or an associated newspaper, comes into a position to exercise control of the licence or the newspaper; and/or

- (b) a person(s) who was in a position to exercise control, ceased to be in a position to exercise control of the licence or the associated newspaper;

they must provide the ACMA with the details of that event within ten business days of becoming aware, in a form approved in writing by the ACMA (ACMA B2/B3 Form).

What notification is required under section 64 of the Act? Under section 64 of the Act, where a person, who was not in a position to exercise control of a licence or an associated newspaper, becomes aware that the person(s) becomes in a position to exercise control of the licence or the associated newspaper they must provide the ACMA with the details of that event within ten business days of becoming aware, in a form approved in writing by the ACMA (ACMA B2/B3 Form).

Who is in a position to exercise control of a licence or a newspaper? The concept of control is outlined in sections 6, 7, 8, and Schedule 1 to the Act. Determining who is in a position to exercise control can be complex and will involve an examination of factors other than company interests e.g. conduct, relationships, agreements, understandings. Table B.1Persons Assuming Control section of these Guidance Notes provide further background on the concept of control. You might consider obtaining legal advice when considering this issue.

Help with lodging a notification The existing email address ([email protected]) is still available for general queries and in particular for contacting us should you need any assistance with the new online lodgment system. If you have any difficulty submitting the form, contact the Diversity, Localism and Accessibility Section in the ACMA Sydney Office during business hours, telephone 1800 226 667, or at any time via email at [email protected].

When should a notification be lodged? Within ten business days of the licensee or publisher becoming aware of a change in control event.

Failure to lodge a notification If your form is not completed correctly, it may not be a valid notification under sections 63 and 64 of the Act and may not be processed. You have not complied with the obligation to notify until you have lodged a valid notification. Failure to lodge a valid notification required by sections 63 and 64 may constitute an offence under sections 63(5) and 64(5) of the Act respectively, and may result in the payment of a penalty. An offence against a provision of Division 6 of Part 5 of the Act is an


offence of strict liability. The court may impose a substantial penalty on you in respect of each offence that you are found to have committed, including a penalty in respect of each day that each offence is found to have continued, in accordance with the Act and the Crimes Act 1914.

Note on ‘awareness’: Section 50(1) of the Act states that ‘if a director, the chief executive or a secretary of a company has knowledge of a matter, the company is taken to have knowledge of the matter’.

Note: The ACMA has the power to issue an infringement notice to licensees, publishers and/or incoming controllers where it has reasonable grounds to believe the licensee or publisher has contravened the notification requirements under sections 63 and 64 of the Act. Infringement notices impose a pecuniary penalty to be paid in respect of a contravention. The ACMA also has the power to refer a contravention to the Office of the Commonwealth Director of Public Prosecutions to institute criminal proceedings. For further information, please refer to the ‘Guidelines relating to ACMA’s enforcement powers under the Broadcasting Services Act 1992’ which can be found on the ACMA website.

Notes on completing the form Ensure all applicable parts are complete and correct. If submitting notification pursuant to section 63, please complete all parts. If submitting notification pursuant to section 64, please complete all parts, except Part C - Ceasing Control. If submitting notification pursuant to sections 63 and 64, please complete all parts.

Collection, use and disclosure of personal information The Privacy Act 1988 (Cth) (the Privacy Act) imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles.

The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of the ACMA’s functions or activities. The purpose of the collection of information on this form, including personal information, is to monitor and enforce the ownership and control limits defined in that Act. This information is required under sections 63 and 64 of the Broadcasting Services Act 1992.

The ACMA maintains public registers of all notifications under Division 6 of the Broadcasting Services Act 1992 in relation to current controllers of commercial radio and television licences and associated newspapers. These include a report on recent Control Notifications which is available on the ACMA’s website and details of current controllers can be found on the Media control database. The ACMA updates the report and database whenever new information is received.

The registers are open for public inspection and a person is entitled to be given a copy of, or an extract from, any entry in the register. The ACMA may charge fees for these services.

The ACMA will not use the personal information for any other purpose, nor will we disclose it, other than as noted above, unless we have the individual’s consent or we are otherwise permitted to do so under the Privacy Act.

If the personal information is not provided it may mean the form is a valid notification under section 62 of the Act and may not be processed, as discussed above.


Further information on the Privacy Act and the ACMA’s Privacy Policy is available www.acma.gov.au/privacypolicy. The Privacy Policy contains details about how you may access personal information about you that is held by the ACMA, and seek the correction of such information. It also explains how you may complain about a breach of the Privacy Act and how we will deal with such a complaint.

Should you have any questions in this regard please contact the ACMA’s privacy contact officer on telephone on 1800 226 667 or by email at [email protected].


GENERAL GUIDANCE NOTES FOR THE B2/B3 FORMUse the guidelines below to familiarise yourself with form navigation.

Form Navigation

Sample Page: Assuming Control Page

Screen Notes:- The preview icon ( )creates a document from a template containing data entry in

progress- The save icon ( ) saves a copy of the form in progress. This icon is only available to

AUSkey users who have logged in. Others cannot save the form- Next and Back arrows ( ) control navigation. They appear at top right of the screen.- Mandatory fields have a red asterisk (*). An error message displays in red if the user

attempts to navigate forward or back without filling out mandatory fields- Some fields have validation checks to maximise data accuracy. Edit checks are often

invoked when the user navigates forward or back - A red warning message displays under the applicable field if the entered text fails edit

checks- Some fields use dropdowns to ensure specific values are entered- Date selection is also available on date/time fields- Field specific help may be accessed by clicking the symbol next to the field name. This

opens a help “bubble”.- Click the “+” and “-“ icons ( ) to add or remove sub records eg on the Media

Operations page to add more licences or publications, or remove the licences already added

- Submit button is always on the final page


- Left Hand navigation is specific to the form. The user can navigate directly to a page using the Left Hand navigation. Standard highlighting is applied to Left Hand navigation to indicate if more actions are required on the specific page:

Page Sample: Left Hand Navigation

- Current Page has turquoise highlight, white text and a white arrow- Incomplete pages have a red cross symbol- Completed pages have white text with a green tick


ACCESSING THE B2/B3 FORM There are two ways to access the B2/B3 form:

- AUSkey access: use your AUSkey to access the form- Guest access: for users who do not have and/or cannot get an AUSkey

How to login with AUSkey1. Navigate to the AUSkey login screen https://lodge.acma.gov.au/Portal2. Enter your AUSkey credentials then click Login3. Once login completes you will be presented with forms available to you, including the

B2/B3 Control Change form. Previously submitted forms display at the top of the page4. Click on the B2/B3 link to open a new B2/B3 form. Your contact details will be prefilled on

the Contact page. Please check and update these details if they are not correct

Note to first time users: If this is the first time you’ve accessed the ACMA form portal then at step 3 you will be presented with a screen asking you to register your one-time-token. Simply enter the one-time-token sent to you then press OK. Resume from step 3. If you don’t have a token then email [email protected] and request one.

How to access the form as a guest1. Navigate to https://complaint.acma.gov.au/Infiniti/Produce. This is the ACMA Public Form

Portal. You will be presented with a list of forms2. Click the B2/B3 link to open a new B2/B3 form


https://complaint.acma.gov.au/Infiniti/Produce

mailto:[email protected]

https://lodge.acma.gov.au/Portal

COMPLETING THE B2/B3 FORM - SECTION BY SECTION - The B2/B3 form is divided into pages each capturing specific information pertaining to the

change in control. Specific page-by-page instructions are detailed below- Some documents must be attached with your submission. The form cannot be submitted

without these attachments:o Control Spreadsheet. Attached on the Introduction Page. See Guidance Notes to

filling out the Control Spreadsheet for specific instructions on this documento Certification of Notification at Part D – Certification.Company Structure chart and

any other Attachments on the Appendix Page

Introduction PageThe Introduction Page displays when you first access the B2/B3. It contains some instructions to guide the user in filling out the form. It also has links to some further information on the ACMA website and a link to the required Controller spreadsheet.

Identify the notification(s) being submitted: Click one radio button to identify what type of notification is being submitted.

Section 63—Lodged by the licensee(s)/publisher(s) as per section 63 of the Act. Section 64—Lodged by incoming controllers as per section 64 of the Act. Sections 63 and 64—Lodged by both the licensee(s)/publisher(s) and incoming controllers as per sections 63 and 64.

Note: Notifications under both sections 63 and 64 of the Act are only for change of control events where a person comes into a position to exercise control. ‘Person’ refers to a natural person or a company.

Once a notification type is selected the full left hand navigation displays. This may change based on your selection:1. Introduction2. Contact Details3. Part A - Media Operations4. Part B - Assuming Control5. Part C - Ceasing Control - displays if you chose Section 646. Part D - Certification7. Part E - Appendix8. Finish

Have you completed the Controller Spreadsheet? Please attach your Control Change spreadsheet here. See Guidance Notes to filling out the Control Spreadsheet for detailed instructions.

Once the Introduction Page is complete click the right arrow ( ) to navigate to the Contact Details page.


Contact Details PageForm submitted on behalf of:Enter the name of the network, licensee, publisher or controller for who the form is being submitted.

Details of the authorised person the ACMA should contact for information about this form The person should be authorised by the licensee, publisher or controller who is providing the information required.

Enter the details of the person the ACMA should contact if any further information is required in respect of the form. This section will be prefilled for AUSkey users. Please check that the details are accurate and up to date

Once the Contact Details Page is complete click the right arrow ( ) to navigate to the Media Operations page.

PART A: Media Operations In Part A, you are required to provide information about the commercial television and radio broadcasting licence(s) and datacasting transmitter licence(s) or the associated newspaper(s) that is/are the subject of the notification.

1. Licences and associated newspapers are selected from lists sourced from internal ACMA systems

2. Media operations can be selected individually or by network (ie all licences affiliated with a common network).

3. If the change only impacts newspapers click the “There are no affected licences” radio button.

How to select licences individually1. Click the “By adding licences individually” radio button. An Affected Licences dialogue box

display.2. Click the down arrow. A list of existing broadcast licences displays (commercial radio and

TV licences only).3. Select a licence from the list. The licence is added to the Affected Licences dialogue box.

The Licensee name, Licence Area and Call sign are populated.4. To add more licences click the plus icon ( ) and repeat the steps.5. To remove a licence from the list click the checkbox at the left hand side then click the

minus icon ( ).

How to select licences by network1. Click the “Selecting a network” radio button. A select network field displays2. Click the Network down arrow. A list of existing networks displays 3. Select a network from the list. The affiliated licences are displayed in the Affected Licences

dialogue box. The Licensee name, Licence Area and Call sign are populated. The checkbox on the left hand side is checked

4. To remove a licence from the list click the checkbox at the left hand side then click the minus icon ( )


How to select affected newspapers1. If there are no affected newspapers click the “No” radio button under “Are there any

affected Newspapers”6. Otherwise click the “Yes” radio button. An Affected Newspapers dialogue box display7. Click the down arrow. A list of existing newspapers displays8. Select a newspaper from the list. The newspaper is added to the Affected Newspapers

dialogue box. The Network name, Place of Publication and State are populated9. To add more newspapers click the plus icon ( ) and repeat the steps10. To remove a newspaper from the list click the checkbox at the left hand side then click the

minus icon ( )

Once the list of licences/newspapers is complete click the right hand arrow to navigate to the Assuming Control page

PART B: Assuming Control In Part B Assuming Control you are required to provide details of the change of control event which resulted in persons coming into a position to exercise control of a media operation(s), the event date and awareness date(s).

I do not wish to provide details on assuming control checkbox: Check the box if the change does not involve controllers assuming control or licensee/publisher transfer.

Details of the event: When describing the change of control event, the ACMA considers that it is relevant to be provided with a detailed description of the transaction and each of the parties involved.

Date of event: Provide the date of the change of control event which resulted in the person coming into a position to exercise control of the commercial radio broadcasting licence, the commercial television broadcasting licence, the datacasting transmitter licence or the associated newspaper.

Date person became aware (licensee/publisher):Provide the date that the licensee or publisher became aware of the change of control event.

Date person became aware (controller): Provide the date that the incoming controller became aware of the change of control event.

Note: The date the person became aware refers directly to the change of control event. It does not refer to the date the person became aware that they needed to provide notification to the ACMA or the date the person became aware that notification had not previously been provided to the ACMA.

If the dates of awareness are different for each of the licensee(s)/publisher(s)/controller(s) making a notification, then please provide the different dates for each.


How to complete the Assuming Control Change page1. By default Part B - Assuming Control Page must be populated. If not applicable then check

the “I do not wish to provide details on assuming control” checkbox.2. Enter a description of the assuming control event (mandatory).3. Enter the date the date of the assuming control event. The date cannot be in the future

(mandatory).4. Enter a date the licensee or publisher became aware of the change event. The date cannot

be before the change event or in the future (mandatory).5. Enter a date the incoming controllers became aware of the event. Cannot be before the

event or in the future (mandatory).6. Enter additional comments (optional).7. Click right hand arrow to navigate to Ceasing Control page.

PART C: Ceasing ControlIn Part C Ceasing Control you are required to enter a description of the change of control event that resulted in a person(s) ceasing to be in a position to exercise control of a media operation(s) and the event date and the awareness date(s).

Note: This page is not displayed if the form is being submitted under section 64 (that is by controllers, not licensee or publisher).

I do not wish to provide details on ceasing control checkbox: Check the box if the change does not involve controllers ceasing control

Detailed description of the event: When describing the change of control event, you are required to a detailed description of the transaction and each of the parties involved.

Date of event: Provide the date of the change of control event which resulted in the person ceasing control of the commercial radio broadcasting licence, the commercial television broadcasting licence, the datacasting transmitter licence or the associated newspaper.

Date licensee/publisher became aware: Provide the date that the licensee or publisher became aware of the change of control event.

Note: The date the person became aware refers directly to the change of control event. It does not refer to the date the person became aware that they needed to provide notification to the ACMA or the date the person became aware that notification had not previously been provided to the ACMA.

If the dates of awareness are different for each of the licensee(s)/publisher(s)/controller(s) making a notification, then please provide the different dates for each in the Additional Comments field

Additional comments: Use the space provided at question 3, to provide any additional comments in relation to any of the details given above about the change of control event.


How to complete the Ceasing Control Change page1. By default the Ceasing Control page must be populated. If not applicable then check the “I

do not wish to provide details on ceasing control” checkbox2. Enter a description of the ceasing control event (mandatory)3. Enter the date the date of the ceasing control event. The date cannot be in the future

(mandatory)4. Enter a date the licensee or publisher became aware of the change event. The date cannot

be before the change event or in the future (mandatory)5. Enter additional comments (optional)6. Click right hand arrow to navigate to Appendix page

PART D: Certification

In Part D Certification you are required to complete and attach the Certification of Notification.

You can now download the certification via the hyperlink below the area titled:

Certification of Notification

Download Signature Block, sign and upload below. *

Note: If submitting notification pursuant to both sections 63 and 64 of the Act, complete BOTH the licensee/publisher and controller certifications

The Licensee/Publisher is to complete the section of the certification titled licensee/publisher; and

The incoming controller OR the Licensee/Publisher on behalf of the incoming controller is to complete the controller certification.

If both certifications are not completed when submitting notification pursuant to both sections 63 and 64, then the notification will be considered incomplete.

Certification—notification pursuant to section 63 of the Act An authorised officer or agent of the licensee or publisher must certify that the contents of the form are true and correct. The person certifying the contents of the form must indicate whether they are an authorised officer, or an authorised agent of the publisher or licensee. Where relevant, strike out whichever of ‘authorised officer’ or ‘authorised agent’ is not applicable.

Certification—notification pursuant to section 64 of the Act An authorised officer or agent of the person in a position to exercise control must certify that the contents of the form are true and correct. Where relevant, strike out whichever of ‘authorised officer’ or ‘authorised agent’ is not applicable.

Once you have signed this certification please scan and upload it via the link on the webpage.


How to complete the Part D - Certification pageAttach a signed and scanned copy of the Certification of Notification (mandatory) by clicking the Upload New button under the Certification of Notification section. A link to the certificate template is also displayed under this section.

PART E: Appendix Attach documents on the appendix page.

Attach Company Structure chart: You are required to provide an ownership structure chart showing all controllers of the licence/newspaper and relevant shareholdings after the change of control event. Where the relationship is a result of company interests, indicate the relevant percentages. You can attach multiple company structure charts.

Other Attachments: You can attach other multiple supporting attachments as required.

Additional Comments: Use the space to provide any additional comments in relation to any of the information provided.

How to complete the Part E - Appendix page

1. Attach a company structure chart of the assuming control entities by clicking the Upload New button (optional)

2. To upload additional attachments click the checkbox under Other Attachments then click Upload New (optional). You can upload multiple supporting attachments as required.

3. Enter additional information (optional)4. Click the right hand arrow to navigate to the Finish page

Finish PageThe Finish page is where the form is submitted once all sections are completed.

Note: The B2/B3 and its contents is not accessible to non-AUSkey users after submission. Please preview and save a local copy prior to submission if required.

How to submit the B2/B31. Navigate to the Finish page2. Make sure all the items on the Left Hand navigation bar have a green tick ( ). A cross

indicates that information is missing. Go back and complete the page then navigate back to the Finish page

3. Click Submit button ( )4. A success notification will display with a reference number in the format ACMA-MOD-

XXXXX9999”. Use this reference in any future contact with ACMA relating to the B2/B3 submission

5. A list of attachments also displays on the success notification page6. An email will be forwarded to the email address on Contacts page including a formatted

pdf attachment with the form contents


CONTACT INFORMATIONFor more information about the ACMA B2/B3 contact the Diversity, Localism and Accessibility Section on 1800 226 667.

Australian Communications and Media Authority PO Box Q500 Queen Victoria Building NSW 1230 Tel: 02 9334 7700 Fax: 02 9334 7799 Email enquiries: [email protected] Web: www.acma.gov.au


APPENDIX -

Guidance Notes to filling out the Control SpreadsheetComplex control changes often require the capture of repeated data. For example when multiple licences are impacted which have common controllers and directors. To make this as easy as possible the repetitive data is entered on a Control spreadsheet.

- The form cannot be submitted without the control spreadsheet- Please use the standard template, do not insert or remove worksheets or columns! - There is a link to the spreadsheet on the Introduction Page- Once you’ve filled out the spreadsheet accurately and completely, save it then click the

“Yes” radio button at the bottom of the Introduction Page to attach the spreadsheet.

The Control spreadsheet has several worksheets.

Table B.1 Persons Assuming Control

Note: ‘Person’ refers to a natural person or a company. Sections 6, 7 and 8 of, and Schedule 1 to the Act provide a framework to determine who is in a position to exercise control of a commercial television broadcasting licence, commercial radio broadcasting licence, associated newspaper or company. Schedule 1 also provides a method for tracing company interests.

Under the Act, a person is deemed as being in a position to exercise control of a commercial radio broadcasting licence, commercial television broadcasting licence, newspaper or company, if they have ‘company interests’ exceeding 15 per cent in the licence, newspaper or company. The definition of ‘company interests’ is found in sections 6 and 8 of the Act and includes a shareholding interest, voting interest, dividend interest or winding up interest in a company.

Further, the concept of control under the Act is very broad and is not only limited to company interests, or to formal agreements, partnerships or arrangements. It also applies to a wide range of situations and conduct, where the person, either alone or together with an ‘associate’, is considered to be in a position to exercise control. It encompasses informal understandings and practices, whether or not they have legal or equitable force, and whether or not they are based on legal or equitable rights.

You may find it useful to obtain legal advice on this question. Also check the ACMA’s Current Controllers report available from the ACMA website when completing this section of the form.

You are required to complete Table B.1 Persons Assuming Control worksheet if the change involves companies or individuals assuming control of a media operation(s). Otherwise leave blank.

Column Name RulesService Licence Number Enter the licence number. One row per licence. Please

enter the number accuratelyNewspaper Name Enter the associated newspaper name. One row per

newspaper. Please enter the name accurately


Given name, Family Name, Other Name, Country

These fields are completed if the assuming controller is an individual. Please provide their full name, including first name, middle name(s) and last name.

Company Name, Company ACN, Address Line 1,2,3, Suburb, State, Postcode, Country

Complete these fields if the assuming controller is a company. Please provide the full name as shown on the Australian Securities and Investments Commission database. Also provide the CAN and the mailing address

Table B.2 Controller DirectorThe ACMA considers that directorship details are required in order to meet its regulatory obligations under the Act. The ACMA can also request further information pursuant to section 61AZE(9) of the Act, should the change in control event affect the Register of Controlled Media Groups.

Complete Table B.2 Controller Director to enter the details of the directors of corporate entities who are assuming control of the licence or newspaper. Leave blank if not applicable to control change.

Column Name RulesController Company Name Enter the name of the corporate entity assuming

control of the licence or newspaper. List each company that has come into a position to exercise control.

Director Type Select Director Type from the picklist, either “Direct” or “Alternate”

Given name, Family Name, Other Name, Country

List the directors of each company that has come into a position to exercise control. For each director, provide their full name, including first name, middle name(s) and last name. Include country.

Table B.3 Director OtherThe ACMA considers that directorship details are required in order to meet its regulatory obligations under the Act. The ACMA can also request further information pursuant to section 61AZE(9) of the Act, should the change in control event affect the Register of Controlled Media Groups.

Complete Table B.3 Director Other if the directors entered on the Controller Director worksheet are also directors of other companies that exercise control of media operations. Leave blank if not applicable to control change.

Column Name RulesDirector Type Select Director Type from the picklist, either “Direct” or

“Alternate”Given name, Family Name, Other Names, Company Name, ACN

List any directors named in Controller Director worksheet that are directors of another company that is in a position to exercise control of any other media operation.

Also provide the company names as shown on the ASIC


database and the applicable ACN

Table B.4 TransferComplete Table B.4 Transfer if a license is being transferred to a new licensee and/or an associated newspaper is being transferred to a new publisher. Otherwise leave blank.

Column Name RulesService Licence Number Enter the licence number of licence being transferred.

One row per licence. Please enter the number accurately

Newspaper Name Enter the associated newspaper being transferred. One row per newspaper. Please enter the name accurately

Licensee/Publisher Enter the name of the new Licensee or PublisherLicensee or Publisher ACN Enter the ACN of the new Licensee or Publisher

Table B.5 Content SharingThe ACMA considers that information relating to shared content is required in order to meet its regulatory obligations under the Act. The ACMA can also request further information pursuant to section 61AZE(9) of the Act, should the change in control event affect the Register of Controlled Media Groups.

Shared content test: The shared content test in relation to another commercial television broadcasting service is defined in section 61AE of the Act.

1. For the purposes of this Division, a commercial television broadcasting service passes the shared content test at a particular time in relation to another commercial television broadcasting service if:

a. the program content of at least 50% of the total number of hours of programs broadcast by the first-mentioned service during daytime/evening hours during the 6-month period ending at that time; were the same as:

b. the program content of at least 50% of the total number of hours of programs broadcast by the other service during daytime/evening hours during the 6-month period ending at that time.

2. For the purposes of subsection (1), ignore the following:a. advertising or sponsorship material (whether or not of a commercial kind); b. a promotion for a television program or a television broadcasting service; c. community information material or community promotional material; d. a news break or weather bulletin; e. any other similar material.

3. For the purposes of subsection (1), ignore any material covered by paragraph 6(8)(b), (c) or (d) of Schedule 4.

Complete Table B.5 Content Sharing if an impacted licence shares content with another licence. Only complete for assuming control changes to TV licences. Leave blank if not applicable.

Column Name RulesLicences that Share Content Enter the number of licence that shares content


Licences with which content is shared

Enter the number of the licence with which content is shared

Table C.1 Persons Ceasing ControlYou are required to complete Table C.1 Persons Ceasing Control if the change involves companies or individuals ceasing to be in a position to exercise control of a media operation(s). Otherwise, leave blank.

Column Name RulesService Licence Number Enter the licence number. One row per licence. Please

enter the number accuratelyNewspaper Name Enter the associated newspaper name. One row per

newspaper. Please enter the name accuratelyCompany Name, Company ACN If a company please provide the full name as shown on

the ASIC database with the corresponding ACN Given name, Family Name, Other Names

If controller is a person then please provide Given Name, Family name and Other Name(s)


ABOUT FORM ACMA B2/B3 - acma.gov.au€¦ · Web viewGuidance Notes for ACMA form B2/B3....

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