Appendixes
Appendix 1: Committees, memberships and attendance at meetings
Authority meetings
At 30 June 2019, the Authority comprised the Chair, Nerida O’Loughlin; Deputy Chair and CEO, Creina Chapman; three full-time members, Fiona Cameron, James Cameron and Chris Jose; and three associate members, Anita Jacoby, Delia Rickard and Cristina Cifuentes.
The Authority met 38 times in 2018–19.
Authority Member |
No. of meetings attended |
Nerida O’Loughlin |
38 |
Creina Chapman |
36 |
James Cameron |
34 |
Chris Jose |
35 |
Fiona Cameron |
34 |
Anita Jacoby |
16 |
Delia Rickard* |
2 |
Cristina Cifuentes (part-time) |
1 |
Rosemary Sinclair† (part-time) |
2 |
* Delia Rickard was appointed on 4 April 2019.
† Rosemary Sinclair’s term of appointment finished on 4 August 2018.
For more details about the Authority, refer to the ‘Overview—The Authority’ section of this report.
Executive Management Committee meetings
The ACMA Executive Management Committee (EMC) functions as a committee for management decisions. The EMC assists the Chair by providing advice on issues of corporate or strategic significance to the agency.
At 30 June 2019, the EMC comprised the Chair, Deputy Chair and CEO, and general managers.
The EMC met 24 times in 2018–19.
Member of Executive Management Committee |
No. of meetings attended |
Nerida O’Loughlin, Chair |
21 |
Creina Chapman, Deputy Chair and CEO |
20 |
Giles Tanner, General Manager, Communications Infrastructure Division* |
11 |
Helen Owens, General Manager, Corporate and Research Division |
22 |
Brendan Byrne, General Manager, Legal Services Division |
24 |
Jennifer McNeill, General Manager, Content, Consumer and Citizen Division† |
9 |
Jonquil Ritter, Acting General Manager, Content, Consumer and Citizen Division‡ |
10 |
Linda Caruso, General Manager, Communications Infrastructure Division§ |
12 |
* Giles Tanner retired from the ACMA in November 2018.
† Jennifer McNeill was seconded to the Department of Communications and the Arts in January 2019.
‡ Jonquil Ritter began Acting General Manager, Content, Consumer and Citizen Division in January 2019.
§ Linda Caruso began Acting General Manager, Communications Infrastructure Division in December 2018 and was confirmed in the position in March 2019.
Audit and Risk Committee
The ACMA Audit and Risk Committee coordinates internal and external audit activities and oversees the financial statements, risk management framework and implementation of fraud control policies.
In its capacity as an advisory committee to the ACMA Chair, the Audit and Risk Committee met five times in 2018–19.
Internal Audit and Risk Committee members provide insight to the ACMA’s business operations. Internal members are appointed for a two-year term.
Member of Audit and Risk Committee |
No. of meetings attended |
Ian McPhee AO PSM, Audit and Risk Committee Chair, external member |
5 |
Fay Holthuyzen, External Audit and Risk Committee Member |
5 |
Michael Parkinson, External Audit and Risk Committee Member |
5 |
Jeremy Chandler, External Audit and Risk Committee Member |
5 |
Paul Miszalski, ACMA Audit and Risk Committee Member (until March 2019) |
3 |
Patrick Belton, ACMA Audit and Risk Committee Member |
2 |
Allan Major, ACMA Audit and Risk Committee Member |
5 |
ACMA advisory and consultative bodies
Consumer Consultative Forum (CCF)
Chair
Fiona Cameron, Authority Member, Australian Communications and Media Authority
Consumer representatives
New consumer organisation representatives were appointed in September 2018 for a term of three years. Consumer organisation representatives included:
- Australian Communications Consumer Action Network (ACCAN)
- Consumer Policy Research Centre
- Country Women’s Association
- Deaf Australia
- Federation of Ethnic Communities’ Council of Australia
- Legal Aid NSW
- NSW Business Chamber
- South Australian Council of Social Services
- Westjustice
Previous consumer representatives’ terms expired on 30 June 2018, with the exception of ACCAN, which is an ongoing consumer representative.
Representatives from industry bodies:
- Chris Althaus, CEO, Australian Mobile Telecommunications Association
- John Stanton, CEO, Communications Alliance
Regulatory and government representatives:
- Delia Rickard PSM, Deputy Chair, Australian Competition and Consumer Commission
- Judi Jones, Telecommunications Industry Ombudsman
- Jason Ashurst, Assistant Secretary, Consumer Broadband Services, Department of Communications and the Arts
Emergency Call Services Advisory Committee (ECSAC)
ECSAC was a formally constituted advisory committee, established in 2006, to advise the ACMA on matters related to the emergency call service. Following a review of the national Triple Zero operator service, DoCA recommended that the ECSAC be dissolved and replaced by the Triple Zero Coordination Committee. ECSAC was suspended in late 2017, ahead of the establishment of the Triple Zero Coordination Committee in early 2018. ECSAC was formally dissolved on 2 August 2019.
Numbering Advisory Committee (NAC)
- AAPT Ltd
- Australian Communications and Media Authority
- Australian Communications Consumer Action Network
- Australian Competition and Consumer Commission
- Australian Phone Word Association Ltd
- Mr Lawrence Glen Clarke
- Communications Alliance
- Department of Communications and the Arts
- MyNetFone Ltd
- SingTel Optus Pty Ltd
- Telstra Corporation Ltd
- Vodafone Hutchison Australia Pty Ltd.
Digital Radio Planning Committee
- Australian Communications and Media Authority (Chair)
- Australian Broadcasting Corporation
- Australian Competition and Consumer Commission
- Commercial Radio Australia
- Community Broadcasting Association of Australia
- Department of Communications and the Arts
- Special Broadcasting Service.
Appendix 2: Staffing information
Appendix 2 contains staffing details for the ACMA and eSafety. Other than the Commissioner, all employees working for eSafety remain employed by the ACMA under the Public Service Act.
Male |
Female |
Indeterminate |
Total |
|||||||
Full-time |
Part-time |
Total male |
Full-time |
Part-time |
Total female |
Full-time |
Part-time |
Total indeterminate |
||
NSW |
39 |
3 |
42 |
67 |
17 |
84 |
- |
- |
- |
126 |
Qld |
7 |
- |
7 |
1 |
2 |
3 |
- |
- |
- |
10 |
SA |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Tas. |
1 |
- |
1 |
- |
- |
- |
- |
- |
- |
1 |
Vic. |
70 |
1 |
71 |
55 |
28 |
83 |
- |
- |
- |
154 |
WA |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
ACT |
58 |
3 |
61 |
56 |
12 |
68 |
- |
- |
- |
129 |
NT |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Overseas |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Total |
175 |
7 |
182 |
179 |
59 |
238 |
- |
- |
- |
420 |
Male |
Female |
Indeterminate |
Total |
|||||||
Full-time |
Part-time |
Total male |
Full-time |
Part-time |
Total female |
Full-time |
Part-time |
Total indeterminate |
||
NSW |
1 |
- |
1 |
3 |
2 |
5 |
- |
- |
- |
6 |
Qld |
1 |
- |
1 |
- |
- |
- |
- |
- |
- |
1 |
SA |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Tas. |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Vic. |
5 |
1 |
6 |
3 |
1 |
4 |
- |
- |
- |
10 |
WA |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
ACT |
5 |
- |
5 |
3 |
1 |
4 |
- |
- |
- |
9 |
NT |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Overseas |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Total |
12 |
1 |
13 |
9 |
4 |
13 |
- |
- |
- |
26 |
Male |
Female |
Indeterminate |
Total |
|||||||
Full-time |
Part-time |
Total male |
Full-time |
Part-time |
Total female |
Full-time |
Part-time |
Total indeterminate |
||
NSW |
39 |
- |
39 |
64 |
16 |
80 |
- |
- |
- |
119 |
Qld |
7 |
- |
7 |
2 |
1 |
3 |
- |
- |
- |
10 |
SA |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Tas. |
1 |
- |
1 |
- |
- |
- |
- |
- |
- |
1 |
Vic. |
69 |
1 |
70 |
44 |
30 |
74 |
- |
- |
- |
144 |
WA |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
ACT |
63 |
2 |
65 |
54 |
6 |
60 |
- |
- |
- |
125 |
NT |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Overseas |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Total |
179 |
3 |
182 |
164 |
53 |
217 |
- |
- |
- |
399 |
Male |
Female |
Indeterminate |
Total |
|||||||
Full-time |
Part-time |
Total male |
Full-time |
Part-time |
Total female |
Full-time |
Part-time |
Total indeterminate |
||
NSW |
1 |
- |
1 |
10 |
1 |
11 |
- |
- |
- |
12 |
Qld |
1 |
1 |
- |
- |
- |
- |
- |
- |
1 |
|
SA |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Tas. |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Vic. |
5 |
- |
5 |
11 |
3 |
14 |
- |
- |
- |
19 |
WA |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
ACT |
3 |
- |
3 |
3 |
2 |
5 |
- |
- |
- |
8 |
NT |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Overseas |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Total |
10 |
- |
10 |
24 |
6 |
30 |
- |
- |
- |
40 |
Australian Public Sector (APS) classification and gender
Male |
Female |
Indeterminate |
Total |
|||||||
Full-time |
Part-time |
Total male |
Full-time |
Part-time |
Total female |
Full-time |
Part-time |
Total indeterminate |
||
SES 3 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
SES 2 |
1 |
- |
1 |
3 |
- |
3 |
- |
- |
- |
4 |
SES 1 |
6 |
- |
6 |
3 |
- |
3 |
- |
- |
- |
9 |
EL 2 |
28 |
- |
28 |
30 |
4 |
34 |
- |
- |
- |
62 |
EL 1 |
67 |
6 |
73 |
60 |
27 |
87 |
- |
- |
- |
160 |
APS 6 |
47 |
1 |
48 |
50 |
21 |
71 |
- |
- |
- |
119 |
APS 5 |
18 |
- |
18 |
15 |
3 |
18 |
- |
- |
- |
36 |
APS 4 |
6 |
- |
6 |
13 |
3 |
16 |
- |
- |
- |
22 |
APS 3 |
- |
- |
- |
1 |
1 |
2 |
- |
- |
- |
2 |
APS 2 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
APS 1 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Other[1] |
2 |
- |
2 |
4 |
- |
4 |
- |
- |
- |
6 |
Total |
175 |
7 |
182 |
179 |
59 |
238 |
- |
- |
- |
420 |
[1] In this table and the tables following, the only staff included in the ‘Other’ category are ACMA graduates.
Male |
Female |
Indeterminate |
Total |
|||||||
Full-time |
Part-time |
Total male |
Full-time |
Part-time |
Total female |
Full-time |
Part-time |
Total indeterminate |
||
SES 3 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
SES 2 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
SES 1 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
EL 2 |
- |
- |
- |
1 |
- |
1 |
- |
- |
- |
1 |
EL 1 |
3 |
- |
3 |
1 |
2 |
3 |
- |
- |
- |
6 |
APS 6 |
7 |
1 |
8 |
5 |
1 |
6 |
- |
- |
- |
14 |
APS 5 |
1 |
- |
1 |
- |
1 |
1 |
- |
- |
- |
2 |
APS 4 |
1 |
- |
1 |
2 |
- |
2 |
- |
- |
- |
3 |
APS 3 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
APS 2 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
APS 1 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Other |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Total |
12 |
1 |
13 |
9 |
4 |
13 |
- |
- |
- |
26 |
Male |
Female |
Indeterminate |
Total |
|||||||
Full-time |
Part-time |
Total male |
Full-time |
Part-time |
Total female |
Full-time |
Part-time |
Total Indeterminate |
||
SES 3 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
SES 2 |
3 |
- |
3 |
1 |
- |
1 |
- |
- |
- |
4 |
SES 1 |
6 |
- |
6 |
5 |
- |
5 |
- |
- |
- |
11 |
EL 2 |
28 |
- |
28 |
24 |
2 |
26 |
- |
- |
- |
54 |
EL 1 |
70 |
3 |
73 |
54 |
27 |
81 |
- |
- |
- |
154 |
APS 6 |
49 |
- |
49 |
49 |
18 |
67 |
- |
- |
- |
116 |
APS 5 |
18 |
- |
18 |
9 |
3 |
12 |
- |
- |
- |
30 |
APS 4 |
3 |
- |
3 |
22 |
2 |
24 |
- |
- |
- |
27 |
APS 3 |
- |
- |
- |
- |
1 |
1 |
- |
- |
- |
1 |
APS 2 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
APS 1 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Other |
2 |
- |
2 |
- |
- |
- |
- |
- |
- |
2 |
Total |
179 |
3 |
182 |
164 |
53 |
217 |
- |
- |
- |
399 |
Male |
Female |
Indeterminate |
Total |
|||||||
Full-time |
Part-time |
Total male |
Full-time |
Part-time |
Total female |
Full-time |
Part-time |
Total indeterminate |
||
SES 3 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
SES 2 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
SES 1 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
EL 2 |
2 |
- |
2 |
1 |
- |
1 |
- |
- |
- |
3 |
EL 1 |
3 |
- |
3 |
6 |
2 |
8 |
- |
- |
- |
11 |
APS 6 |
5 |
- |
5 |
12 |
2 |
14 |
- |
- |
- |
19 |
APS 5 |
- |
- |
- |
2 |
1 |
3 |
- |
- |
- |
3 |
APS 4 |
- |
- |
- |
3 |
1 |
4 |
- |
- |
- |
4 |
APS 3 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
APS 2 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
APS 1 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Other |
- |
- |
- |
- |
- |
- |
- |
- |
- |
- |
Total |
10 |
- |
10 |
24 |
6 |
30 |
- |
- |
- |
40 |
Employment type by full-time and part-time status
Ongoing |
Non-ongoing |
Total |
|||||
Full-time |
Part-time |
Total ongoing |
Full-time |
Part-time |
Total non-ongoing |
||
SES 3 |
- |
- |
- |
- |
- |
- |
- |
SES 2 |
4 |
- |
4 |
- |
- |
- |
4 |
SES 1 |
9 |
- |
9 |
- |
- |
- |
9 |
EL 2 |
58 |
4 |
62 |
1 |
- |
1 |
63 |
EL 1 |
127 |
33 |
160 |
4 |
2 |
6 |
166 |
APS 6 |
97 |
22 |
119 |
12 |
2 |
14 |
133 |
APS 5 |
33 |
3 |
36 |
1 |
1 |
2 |
38 |
APS 4 |
19 |
3 |
22 |
3 |
- |
3 |
25 |
APS 3 |
1 |
1 |
2 |
- |
- |
- |
2 |
APS 2 |
- |
- |
- |
- |
- |
- |
- |
APS 1 |
- |
- |
- |
- |
- |
- |
- |
Other |
6 |
- |
6 |
- |
- |
- |
6 |
Total |
354 |
66 |
420 |
21 |
5 |
26 |
446 |
Ongoing |
Non-ongoing |
Total |
|||||
Full-time |
Part-time |
Total ongoing |
Full-time |
Part-time |
Total non-ongoing |
||
SES 3 |
- |
- |
- |
- |
- |
- |
- |
SES 2 |
4 |
- |
4 |
- |
- |
- |
4 |
SES 1 |
11 |
- |
11 |
- |
- |
- |
11 |
EL 2 |
52 |
2 |
54 |
3 |
- |
3 |
57 |
EL 1 |
124 |
30 |
154 |
9 |
2 |
11 |
165 |
APS 6 |
98 |
18 |
116 |
17 |
2 |
19 |
135 |
APS 5 |
27 |
3 |
30 |
2 |
1 |
3 |
33 |
APS 4 |
25 |
2 |
27 |
3 |
1 |
4 |
31 |
APS 3 |
- |
1 |
1 |
- |
- |
- |
1 |
APS 2 |
- |
- |
- |
- |
- |
- |
- |
APS 1 |
- |
- |
- |
- |
- |
- |
- |
Other |
2 |
- |
2 |
- |
- |
- |
2 |
Total |
343 |
56 |
399 |
34 |
6 |
40 |
439 |
Ongoing |
Non-ongoing |
Total |
|
NSW |
129 |
6 |
135 |
Qld |
10 |
1 |
11 |
SA |
- |
- |
- |
Tas. |
1 |
- |
1 |
Vic. |
154 |
10 |
164 |
WA |
- |
- |
- |
ACT |
126 |
9 |
135 |
NT |
- |
- |
- |
Overseas |
- |
- |
- |
Total |
420 |
26 |
446 |
Ongoing |
Non-ongoing |
Total |
|
NSW |
145 |
19 |
164 |
Qld |
10 |
1 |
11 |
SA |
- |
- |
- |
Tas. |
1 |
- |
1 |
Vic. |
118 |
12 |
130 |
WA |
- |
- |
- |
ACT |
125 |
8 |
133 |
NT |
- |
- |
- |
Overseas |
- |
- |
- |
Total |
399 |
40 |
439 |
Total |
|
Ongoing |
3 |
Non-ongoing |
- |
Total |
3 |
Total |
|
Ongoing |
5 |
Non-ongoing |
- |
Total |
5 |
Arrangements of SES and non-SES employees
SES |
Non-SES |
Total |
|
ACMA Enterprise Agreement 2017–2020 |
- |
413 |
413 |
Individual flexibility arrangement |
- |
20 |
20 |
Section 24(1) Determination |
13 |
- |
13 |
Total |
13 |
433 |
446 |
Salary ranges by classification level
Minimum salary ($) |
Maximum salary ($) |
|
SES 3 |
- |
- |
SES 2 |
277,153 |
284,653 |
SES 1 |
209,382 |
224,413 |
EL 2 |
120,283 |
145,631 |
EL 1 |
99,425 |
112,122 |
APS 6 |
81,826 |
85,918 |
APS 5 |
74,241 |
80,159 |
APS 4 |
66,629 |
72,425 |
APS 3 |
59,488 |
64,691 |
APS 2 |
52,347 |
57,743 |
APS 1 |
46,588 |
51,321 |
Other |
- |
- |
Total |
46,588 |
284,653 |
Appendix 3: Executive remuneration
Short-term benefits |
Post-employment benefits |
Other long-term benefits |
Termination benefits |
Total remuneration |
|||||
Name |
Position title |
Base salary |
Bonuses |
Other benefits and allowances |
Superannuation contributions |
Long service leave |
Other long-term benefits |
||
Nerida O’Loughlin |
Chair |
490,948 |
- |
- |
70,544 |
12,077 |
- |
- |
573,569 |
Creina Chapman |
Deputy Chair |
375,438 |
- |
7,738 |
55,303 |
9,506 |
- |
- |
447,986 |
Julie Inman Grant |
eSafety Commissioner |
335,302 |
- |
- |
33,464 |
7,963 |
- |
- |
376,728 |
Linda Caruso |
General Manager |
146,864 |
- |
26,398 |
23,783 |
6,171 |
- |
- |
203,216 |
Jonquil Ritter |
General Manager |
116,074 |
- |
33,438 |
21,954 |
6,171 |
- |
- |
177,637 |
Helen Owens |
General Manager |
213,820 |
- |
53,254 |
39,515 |
6,612 |
- |
- |
313,201 |
Brendan Byrne |
General Manager |
252,849 |
- |
26,322 |
40,650 |
6,171 |
- |
- |
325,992 |
Damian West |
Former General Manager |
5,552 |
- |
540 |
- |
76 |
- |
- |
6,169 |
Giles Tanner |
Former General Manager |
109,226 |
- |
10,615 |
20,542 |
2,645 |
- |
- |
143,028 |
Jennifer McNeil |
General Manager |
139,964 |
- |
16,548 |
25,558 |
6,171 |
- |
- |
188,241 |
Notes to Table A.20
Table A.20 includes officers in a substantive Key Management Personnel (KMP) role for any period during the financial year and officers acting in KMP roles for periods greater than three months. For these officers, the reported amounts reflect remuneration during these periods only.
Base salary includes:
- wages
- accrual of recreational leave entitlements.
Other benefits and allowances include:
- motor vehicle allowances
- allowances for higher duties
- other allowances under the relevant staff agreements.
Long service leave includes the accrual of entitlements.
For Statutory Office Holders, the total remuneration reported in Table A.20 includes elements outside the Remuneration Tribunal determination, such as the accrual of recreational and long service leave.
Short-term benefits |
Post-employment benefits |
Other long-term benefits |
Termination benefits |
Total remuneration |
|||||
Total remuneration bands |
Number of senior executives |
Average base salary |
Average bonuses |
Average other benefits and allowances |
Average superannuation contributions |
Average long service leave |
Average other long-term benefits |
Average termination benefits |
Average total remuneration |
$0–$220,000 |
12 |
77,158 |
429 |
16,674 |
12,717 |
3,670 |
- |
9,352 |
119,999 |
$220,001–$245,000 |
3 |
174,245 |
- |
20,137 |
34,180 |
5,528 |
- |
- |
234,090 |
$245,001–$270,000 |
1 |
177,367 |
- |
26,622 |
36,771 |
5,591 |
- |
- |
246,350 |
$270,001–$295,000 |
3 |
189,117 |
- |
21,047 |
34,547 |
4,849 |
- |
33,740 |
283,300 |
Notes to Table A.21
Table A.21 includes officers in a substantive SES role for any period during the financial year and officers acting in SES roles for periods greater than three months. For these officers, the reported amounts reflect remuneration during these periods only.
Base salary includes:
- wages
- accrual of recreational leave entitlements.
ACMA SES officers are not paid bonuses. The average bonus in the table above reflects a bonus paid to an EL2 officer while they were acting in an SES role in 2018–19. This bonus related to 2017–18 performance when this officer was a substantive EL2.
Other benefits and allowances includes:
- motor vehicle allowances
- allowances for higher duties
- other allowances under the relevant staff agreements.
Long service leave includes the accrual of entitlements.
Appendix 4: Programs and content
The ACMA assess applications for the classification of children’s (C) and preschool (P) programs. Appendix 4 lists the children’s and preschool programs granted classifications.
Program title |
Style |
Type |
Origin |
Applicant |
Children's—C |
||||
Gamify (series 1, episodes 1–100) |
Live action |
Light entertainment—game show |
Australia |
Network Ten Pty Ltd |
Get Arty (series 3, episodes 1–60) |
Live action |
Information |
Australia |
Seven Network (Operations) Limited |
Get Clever (series 2, episodes 1–60) |
Live action |
Information |
Australia |
Seven Network (Operations) Limited |
News of the Wild (series 1, episodes 101–137) |
Live action |
Light entertainment— magazine |
Australia |
Northern Pictures Pty Ltd |
News of the Wild (series 2, episodes 1–71) |
Live action |
Light entertainment— magazine |
Australia |
Northern Pictures Pty Ltd |
Scope (series 5, episodes 1–100) |
Live action |
Information— magazine |
Australia |
Network Ten Pty Ltd |
Smashdown (series 1, episodes 1–150) |
Live action |
Light entertainment— game show |
Australia |
Nine Entertainment Co. Pty Ltd |
Totally Wild (series 26, episodes 1–180) |
Live action |
Light entertainment— magazine |
Australia |
Network Ten Pty Ltd |
ZooMoo (series 3, episodes 1–35) |
Live action/ animation/ puppetry |
Light entertainment— variety |
New Zealand |
Natural History New Zealand Ltd |
Provisional—PRC |
||||
Cosmo Kids (series 1, episodes 1–13) |
Animation |
Drama |
Australia |
Galloping Films Pty Ltd |
Space Nova (series 1, episodes 1–26) |
Animation |
Drama |
Australia |
SLR Productions Pty Ltd |
Preschool—P |
||||
The Fo-Fo Figgily Show (series 1, episodes 1–25) |
Live action/ animation/ puppetry |
Variety |
Australia |
F3 Productions (Australia) Pty Ltd |
Preschool—P—Renewal |
||||
Pipsqueaks (series 1, episodes 1–45) |
Live action/puppetry |
Variety |
Australia |
Beyond Entertainment Pty Limited |
Surprises (series 1, episodes 1–30) |
Live action |
Variety |
Australia |
Ambience Entertainment Pty Limited |
Surprises (series 2, episodes 1–45) |
Live action |
Variety |
Australia |
Ambience Entertainment Pty Limited |
Australian children’s drama—CD |
||||
Drop Dead Weird (series 2, episodes 1–26 |
Live Action |
Drama |
Australia |
Ambience Entertainment Pty Limited |
Dumbotz (series 1, episodes 1–52) |
Animation |
Drama |
Australia |
Beyond Entertainment Pty Limited |
Kitty is not a Cat (series 2, episodes 1–52) |
Animation |
Drama |
Australia |
Bogan Entertainment Solutions Pty Ltd |
Maya the Bee: The Honey Games (Telemovie) |
Animation |
Drama |
Australia |
Studio B Animation Pty Ltd |
Quimbo's Quest (series 1, episodes 1–26) |
Animation |
Drama |
New Zealand |
Quimbo's Quest Ltd |
Random & Whacky (series 2, episodes 1–60) |
Live action |
Drama |
Australia |
Ambience Entertainment Pty Limited |
Space Chickens in Space (series 1, episodes 1–52) |
Animation |
Drama |
Australia |
Brain Bender Pty Ltd |
Name |
Expertise |
Donna Andrews |
Child development/production |
Dina Browne |
Production |
Stephen Measday |
Editing/scriptwriting |
Rita Princi |
Child development |
Gina Roncoli |
Production/scriptwriting |
Appendix 5: Broadcasting investigations outcomes
The ACMA investigates broadcasters’ compliance with codes of practice, licence conditions and standards related to the BSA. Appendix 5 details investigation findings by category of broadcasting service.
Investigation number |
Station |
Program or issue |
Substance of complaint/matter |
Outcome |
Commercial television |
||||
Breach findings: 8 |
||||
BI-363 |
Seven/Channel Seven Sydney Pty Limited |
Sunrise |
Accuracy and serious contempt on the basis of race in a segment about the adoption of Indigenous children and child abuse in Indigenous communities |
Breach of clause 3.3.1 [accuracy] and clause 2.6.2 [intense dislike, serious contempt or severe ridicule on the basis of race]; no breach of clause 3.2.1 [material which may cause distress] of the Commercial Television Industry Code of Practice 2015. |
BI-409 |
Seven/Channel Seven Brisbane Pty Limited |
American Dad! |
Classification—program was inappropriate for the time of broadcast |
Breach of clause 2.1.1 [classification] of the Commercial Television Industry Code of Practice 2015 (revised in 2018). |
BI-410 |
Seven/Channel Seven Brisbane Pty Limited |
American Dad! |
Classification—program was inappropriate for the time of broadcast |
Breach of clause 2.1.1 [classification] of the Commercial Television Industry Code of Practice 2015 (revised in 2018). |
BI-420* |
Ten/Network Ten (Brisbane) Pty Ltd |
Have You Been Paying Attention? |
Captioning—quality of captioning service |
Breach of subsection 130ZR(1) [basic rule about captioning]; subsection 130ZZA(4) [compliance with Captioning Quality Standard] and paragraph 7(1)(o) of Schedule 2 (licence condition) of the Broadcasting Services Act 1992 |
BI-421* |
WIN Ten/Network Investments Pty Ltd |
Have You Been Paying Attention? |
Captioning—quality of captioning service |
Breach of subsection 130ZR(1) [basic rule about captioning]; subsection 130ZZA(4) [compliance with Captioning Quality Standard] and paragraph 7(1)(o) of Schedule 2 (licence condition) of the Broadcasting Services Act 1992 |
BI-432 |
Seven/Channel Seven Melbourne Pty Ltd |
Sunday Night |
Accuracy and material not suitable for broadcast—in a segment titled African Gangs |
Breach of clause 3.3.1 [accuracy] and no breach of clause 2.6.2 [material not suitable for broadcast] and of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-433 |
WIN/Network Investments Pty Ltd |
Ten Eyewitness News First at Five |
Exercise care in selecting material for broadcast and material which may cause distress—in a news report about a bashing |
Breach of clause 2.3.3 [exercise care in selecting material for broadcast] and clause 3.2.1 (a) [material which may cause distress] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-434 |
Seven/Channel Seven Melbourne Pty Ltd |
Seven News and Sunday Night |
Privacy—in two separate broadcasts focusing on bullying in schools and cyberbullying |
Breach of section 3.5 [privacy] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
No breach findings: 18* |
||||
BI-405 |
Seven/Channel Seven Melbourne Pty Ltd |
Seven News |
Misrepresentation of viewpoints and impartiality—in a news report on the findings of an Ombudsman investigation |
No breach of clause 3.3.1 [misrepresentation of viewpoints] and 3.4.1 [impartiality] of the Commercial Television Industry Code of Practice 2015 |
BI-406 |
Nine/Queensland Television Ltd |
Program promotion for Love Island Australia |
Classification and scheduling—program promotion for an MA15+ classified reality television program |
No breach of clause 2.1.1 [classification] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-414^ |
Ten/Network Ten (Melbourne) Pty Limited |
MasterChef Australia |
Captioning—no captions provided on a program broadcast between 6 am and midnight on commercial television primary channel |
Breach of subsection 130ZR(1) [basic rule] of the Broadcasting Services Act 1992 disregarded as subsection 130ZUB(1) [disregarding breaches caused by significant, unforeseen technical difficulties] is applicable; no breach of paragraph 7(1)(o) [comply with Part 9D] of Schedule 2 to the Broadcasting Services Act 1992 |
BI-425 |
9Gem/Swan Television & Radio Broadcasters Pty Ltd |
Non-program matter |
Hourly limits—advertising on a commercial television multi-channel |
No breach of clause 5.4.2 [hourly limits – multi channels] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-429 |
Nine/TCN Channel Nine Pty Ltd |
Non-program matter |
Audio levels and loudness—advertising on a commercial television channel |
No breach of clause 5.7.2 [audio levels and loudness] of the Commercial Television Industry Code of Practice 2015 |
BI-431 |
Seven/Channel Seven Queensland Pty Limited |
Seven News |
Cause distress and complaint handling—in a news report about the Dreamworld tragedy |
No breach of clause 3.2.1 [material which may cause distress] or clause 7.3.1 [respond to complaint within 30 working days] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-440^ |
Seven/Channel Seven Queensland Pty Ltd |
Sunrise, The Morning Show, Morning News, The Daily Edition, Seven News at 4pm, 6pm Townsville News, 6:30pm replay of the 6pm Brisbane News and Weekend Sunrise. |
Captioning—no captions provided on a program broadcast between 6 am and midnight on commercial television primary channel |
Breach of subsection 130ZR(1) [basic rule] of the Broadcasting Services Act 1992 disregarded as subsection 130ZUB[1) [disregarding breaches caused by significant, unforeseen technical difficulties] is applicable; no breach of paragraph 7(1)(o) [licence condition to comply with Part 9D] of Schedule 2 to the Broadcasting Services Act 1992 |
BI-443 |
Seven/Channel Seven Adelaide Pty Limited |
Commercial for cinema film Venom |
Classification—of a commercial for an M classified film |
The licensee’s non-compliance with clause 2.1.1 [classification] falls within the exception in clause 1.1.4(b) of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-444 |
Prime 7/Prime Television (Southern) Pty Limited |
Commercials for the cinema films Halloween and Hunter Killer |
Classification and special care requirements for non-program material—commercials for MA15+ classified cinema films |
Halloween commercial: The licensee’s non-compliance with clause 2.1.1 [classification] and 2.4.1 [special care requirements for non-program material] falls within the exception in clause 1.1.4(b) of the Commercial Television Industry Code of Practice 2015 (revised 2018) Hunter Killer commercial: No breach of clause 2.1.1 [classification] and no breach clause 2.4.1 [special care requirements for non-program material] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-445^ |
Seven/Channel Seven Sydney Pty Limited |
Home and Away |
Captioning—no captions provided on a program broadcast between 6 am and midnight on a commercial television primary channel |
Breach of subsection 130ZR(1) [basic rule regarding captioning] of the Broadcasting Services Act 1992 disregarded as subsection 130ZUB(1) [disregarding breaches caused by significant, unforeseen technical difficulties] is applicable; no breach of paragraph 7(1)(o) [licence condition to comply with Part 9D] of Schedule 2 to the Broadcasting Services Act 1992. |
BI-448 |
Nine/Queensland Television Ltd |
Nine News |
Privacy—in a news report about an armed robbery |
No breach of clause 3.5.1 [privacy] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-456 |
Seven/ |
Seven News |
Accuracy and impartiality—in two news reports about a court case |
No breach of clause 3.3.1 [present material facts accurately] and clause 3.4.1 [present news fairly and impartially] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-457^ |
One/Network Ten (Melbourne) Pty Ltd |
Japanese Formula One Grand Prix |
Tobacco advertising |
No breach of paragraph 7(1)(a) [tobacco advertising] of Schedule to the Broadcasting Services Act 1992 |
BI-461 |
Seven/Channel Seven Sydney Pty Limited |
Sunrise |
Material not suitable for broadcast and accuracy—in a news report about Australia’s immigration quotas |
No breach of clauses 2.6.2 [material not suitable for broadcast] or clause 3.3.1 [present material fact accurately] of the Commercial Television Industry Code of Practice 2015 (revised 2018) |
BI-462 |
Ten/Network Ten (Sydney) Pty Limited |
Territory Cops |
Classification and material not suitable for broadcast—in a reality program about police in the Northern Territory |
No breach of clause 2.1.1 [classification] and clause 2.6.2 [material not suitable for broadcast] of the Commercial Television Industry Code of Practice 2015 (revised in 2018) |
BI-472^ |
NBN/NBN Pty Ltd |
Election advertisements for candidates in the NSW state election |
Political matter— broadcast of the correct required particulars |
No breach of subclause 4(2) [identification of certain political matter] and paragraph 7(1)(j) [comply with subclause 4(2)] of Schedule 2 to the Broadcasting Services Act 1992 |
BI-482^ |
Seven/Channel Seven Sydney Pty Limited |
My Kitchen Rules and Instant Hotel |
Captioning—no captions provided on a program broadcast between 6 am and midnight on commercial television primary channel |
Breach of subsection 130ZR(1) of Part 9D of Schedule 2 to the Broadcasting Services Act 1992 [captioning programs between 6 am and midnight on free-to-air primary television channels] to be disregarded as subsection 130UB(1) [disregarding breaches caused by significant, unforeseen technical difficulties] is applicable |
BI-493^ |
Channel Seven Adelaide Pty Limited |
AFL: Collingwood v Geelong |
Captioning—no captions provided on a program broadcast between 6 am and midnight on commercial television primary channel |
Breach of subsection 130ZR(1) of Part 9D of Schedule 2 to the Broadcasting Services Act 1992 [captioning programs between 6 am and midnight on free-to-air primary television channels] to be disregarded as subsection 130UB(1) [disregarding breaches caused by significant, unforeseen technical difficulties] is applicable |
* Five of these investigations were captioning ‘disregarded breaches’ under subsection 130ZUB(1) of the BSA, which are those caused by significant, unforeseen technical difficulties. ^ Investigation against a licence condition, standard or provision of the Broadcasting Services Act 1992. |
||||
Completed, no finding: 6 |
||||
BI-476 |
Prime Television (Southern) Pty Limited |
For each licensee, multiple broadcasts between 15-17 March 2019 |
An ACMA own motion investigation into the perpetrator filmed footage of the Christchurch terrorist attack 15 March 2019 |
This investigation was completed without a finding being made. The ACMA’s consideration of the material broadcast formed part of a consolidated report that examined coverage of the Christchurch incident across Australian broadcast television platforms. A consolidated report on the outcome was published in July 2019. |
BI-477 |
WIN Television NSW Pty Limited |
|||
BI-478 |
Network Ten (Sydney) Pty Limited |
|||
BI-479 |
TCN Channel Nine Pty Limited |
|||
BI-480 |
Channel Seven Sydney Pty Limited |
|||
BI-481 |
Southern Cross Television (Tnt9) Pty Limited |
|||
ABC Television |
||||
Breach findings: 2 |
||||
BI-442 |
ABC/Australian Broadcasting Corporation |
Catalyst (Feeding Australia: Foods of Tomorrow) |
Accuracy and due impartiality—in a program about sustainable farming |
Breach of standard 4.1 [due impartiality] and no breach of standard 2.1 [accuracy] or standard 2.2 [do not materially mislead] of the ABC Code of Practice 2011 (revised in 2016) |
BI-446^ |
ABC/Australian Broadcasting Corporation |
Joanna Lumley’s Silk Road Adventure |
Captioning—no captions provided on a program broadcast between 6 am and midnight on national broadcaster primary channel |
Breach of subsection 130ZR(1) [basic rule] of the Broadcasting Services Act 1992 |
No breach findings: 5 |
||||
BI-402 |
ABC Comedy/Australian Broadcasting Corporation |
Tonightly with Tom Ballard |
Fair and honest dealing and harm and offence—in a comedy sketch about a political candidate |
No breach of standard 5.1 [inform participants], standard 5.2 [refusal to participate], standard 7.1 [harm and offence must be justified] or standard 7.3 [appropriate classification] of the ABC Code of Practice 2011 (revised in 2016) |
BI-407 |
ABC/Australian Broadcasting Corporation |
Four Corners |
Accuracy, corrections and clarifications, impartiality—in a report about Australians responding to climate change |
No breach of standard 2.1 [accuracy], standard 2.2 [do not materially mislead] standard 3.1 [corrections and clarifications] or standard 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised in 2016) |
BI-411 |
ABC/Australian Broadcasting Corporation |
ABC News |
Accuracy and due impartiality—in a news report about the reintroduction of a school reading program |
No breach of standard 2.1 [accuracy], standard 2.2 [do not materially mislead] or standard 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised in 2016) |
BI-428 |
ABC/Australian Broadcasting Corporation |
7.30 |
Accuracy and impartiality—in an interview with the president of the Australian Council of Trade Unions (ACTU) |
No breach of standard 2.1 [accuracy], standard 2.2 [do not materially mislead] or standard 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised in 2016) |
BI-451 |
ABC/Australian Broadcasting Corporation |
Insiders |
Harm and offence—in a segment discussing a proposed bill on religious freedoms |
No breach of standard 7.1 [harm and offence] or standard 7.7 [condone or encourage prejudice] of the ABC Code of Practice 2011 (revised in 2016) |
Completed, no finding: 1 |
||||
BI-475 |
ABC/Australian Broadcasting Corporation |
Multiple broadcasts between 15-17 March 2019 |
An ACMA own motion investigation into the perpetrator filmed footage of the Christchurch terrorist attack 15 March 2019 |
This investigation was completed without a finding being made. The ACMA’s consideration of the material broadcast formed part of a consolidated report that examined coverage of the Christchurch incident across Australian broadcast television platforms. |
SBS television |
||||
Completed, no finding: 1 |
||||
BI-474 |
SBS/Special Broadcasting Services |
Multiple broadcasts between 15-17 March 2019 |
An ACMA own motion investigation into the perpetrator filmed footage of the Christchurch terrorist attack 15 March 2019 |
This investigation was completed without a finding being made. The ACMA’s consideration of the material broadcast formed part of a consolidated report that examined coverage of the Christchurch incident across Australian broadcast television platforms. |
Subscription television |
||||
No breach findings: 2 |
||||
BI-430 |
Sky New Live/Foxtel Cable Television Pty Limited |
The Adam Giles Show |
Provoke intense dislike, serious contempt on the grounds of national or ethnic origin or race, or religion—in a studio interview. |
No breach of subclause 2.1(a) [provoke intense dislike, serious contempt on the grounds of national or ethnic origin or race, or religion] of the Subscription Broadcast Television Codes of Practice 2013 (revised in 2018) |
BI-458^ |
Fox Sports/Foxtel Cable Television Pty Ltd |
Japanese Formula One Grand Prix |
Tobacco advertising |
No breach of paragraph 10(1)(a) [tobacco advertising] of Schedule 2 to the Broadcasting Services Act 1992 |
^ Investigation against a licence condition, standard or provision of the Broadcasting Services Act 1992 |
||||
Completed, no finding: 2 |
||||
BI-473 |
Foxtel Cable Television Pty Limited |
Multiple broadcasts between 15-17 March 2019 on Sky News Live |
An ACMA own motion investigation into the perpetrator filmed footage of the Christchurch terrorist attack 15 March 2019 |
This investigation was completed without a finding being made. The ACMA’s consideration of the material broadcast formed part of a consolidated report that examined coverage of the Christchurch incident across Australian broadcast television platforms. |
BI-497 |
Foxtel Cable Television Pty Limited |
Multiple broadcasts between 15-17 March 2019 on TRT World |
||
Open narrowcasting television |
||||
Breach findings: 1 |
||||
BI-418 |
West TV/West TV Limited |
RT World News |
Accuracy and fairness and complaints handling—in an international news program |
Breach of code 2.4 [respond to complaints within 60 days]; no finding on code 2.1 [accuracy and fairness] of the ASTRA Open Narrowcast Television Codes of Practice 2009 |
Commercial radio |
||||
Breach findings: 1 |
||||
BI-441 |
2GB/Harbour Radio Pty Ltd |
The Alan Jones Breakfast Show |
Decency, and incite hatred against or serious contempt for because of race—in a discussion about the Liberal Party leadership spill. |
Breach of 2.2 [decency] and no breach of 2.1.4 [incite hatred against or serious contempt for because of race] of the Commercial Radio Code of Practice 2017 (revised in 2018) |
No breach findings: 1 |
||||
BI-427 |
Triple M/Triple M Melbourne Pty Ltd |
Holiday song by Green day |
Decency—in relation to the song lyric ‘sieg heil’. |
No breach of 2.2 [decency] of the Commercial Radio Code of Practice 2017 (revised in 2018) |
ABC radio |
||||
No breach findings: 1 |
||||
BI-426 |
ABC/Australian Broadcasting Corporation |
Talkfest |
Impartiality—in a radio broadcast discussing Australia’s population |
No breach of standard 4.2 [diversity of perspectives] and standard 4.5 [unduly favour one perspective] of the ABC Code of Practice 2011 (revised in 2016) |
Community radio |
||||
Breach findings: 12 |
||||
BI-359^ |
Bayside Community Radio Association Inc |
Licence condition matter Code matter |
Complaint about a community broadcaster operating the service as part of a profit-making enterprise and that the licensee broadcast material that caused distress and which did not meet community standards |
Breach of subclause 9(2)(c)(ii) of Schedule 2 to the Broadcasting Services Act 1992 [community participation in the selection of programs] No breach of subclause 9(2)(e) of Schedule 2 to the Broadcasting Services Act 1992 [operating the service as part of a profit-making enterprise] No breach of clause 3.2 of the Community Radio Broadcasting Codes of Practice 2008 [potential for distress, meeting prevailing community standards] |
BI-416^ |
The University of Newcastle |
Licence condition matter |
Complaint that during the programs Morning and Sunday Sunrise the licensee exceeded the time limit for sponsorship announcements |
Breach of paragraph 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not exceed five minutes per hour of sponsorship announcements] |
BI-417^ |
The University of Newcastle |
Licence condition matter |
Complaint that during the programs Morning and Sunday Sunrise the licensee exceeded the time limit for sponsorship announcements |
Breach of paragraph 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not exceed five minutes per hour of sponsorship announcements] |
BI-422^ |
Sunraysia Community Radio Association Inc |
Licence condition matter |
Complaint that a community broadcaster was not encouraging community participation in the selection of programs |
Breach of subclause 9(2)(c)(ii) of Schedule 2 to the Broadcasting Services Act 1992 [community participation in the selection of programs] |
BI-437^ |
Port Stephens FM Radio Inc |
Licence condition matter |
Complaint that a community broadcaster was not encouraging community participation in the selection of programs |
Breach of subclause 9(2)(c)(ii) of Schedule 2 to the Broadcasting Services Act 1992 [community participation in the selection of programs] |
BI-438^ |
Tasman Community Broadcasters Association Inc |
Licence condition matter Code matter |
Complaint that a community broadcaster did not encourage participation in the operation of its service and did not have all of the policies required by the Community Broadcasting Codes of Practice 2008 |
Breach of clause 2.1 of the Community Broadcasting Codes of Practice 2008 [community participation policy] Breach of clause 6.1 of the Community Broadcasting Codes of Practice 2008 [sponsorship policy] No breach of subclause 9(2)(c)(i) of Schedule 2 to the Broadcasting Services Act 1992 [encourage community participation in the operations of the service] |
BI-447^ |
Yarra Valley FM Inc |
Licence condition matter |
Complaint about a community broadcaster providing of political matter without required particulars and broadcast of election material during blackout period. Complaint about a community licensee broadcasting advertisements and exceeding the sponsorship limit |
Breach of subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992 [licensee must announce required particulars] Breach of subclause 3A(2) of Schedule 2 to the Broadcasting Services Act 1992 [licensee must not broadcast election advertisements during the blackout period] No breach of breach of subclause 9(1)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not broadcast advertisements] No breach of subclause 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not exceed five minutes per hour of sponsorship announcements] |
BI-452^ |
Tweed Coast Community Radio Inc |
Licence condition matter |
Complaint about a community broadcaster not providing the service for community purposes. |
Breach of subclause 9(2)(d) of Schedule 2 to the Broadcasting Services Act 1992 [providing the service for community purposes] |
BI-453^ |
Peedac Pty Ltd |
Licence condition matter |
Complaint that a community broadcaster was not encouraging participation in the operations of the service |
Breach of subclause 9(2)(c)(i) of Schedule 2 to the Broadcasting Services Act 1992 [encourage community participation in the operations of the service] |
BI-455^ |
Port Stephens FM Radio Inc |
Licence condition matter |
Complaint about a community licensee broadcasting advertisements and exceeding the sponsorship limit |
Breach of subclause 9(1)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not broadcast advertisements] No breach of subclause 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not exceed five minutes per hour of sponsorship announcements] |
BI-459^ |
Tatiara Community FM Broadcasters Inc |
Licence condition matter |
Complaint about a community licensee broadcasting advertisement |
Breach of subclause 9(1)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not broadcast advertisements] |
BI-463^ |
Yarra Valley FM Inc |
Licence condition matter |
Complaint about a community licensee exceeding the sponsorship limit |
Breach of subclause 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not exceed five minutes per hour of sponsorship announcements] |
^ Investigation against a licence condition, standard or provision of the Broadcasting Services Act 1992 |
||||
No breach findings: 4 |
||||
BI-436^ |
Sunshine FM Radio Association Inc |
Licence condition matter |
Complaint about a community licensee exceeding the sponsorship limit |
No breach of subclause 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992 [will not exceed 5 minutes per hour of sponsorship announcements] |
BI-449^ |
Clarence Valley Christian Broadcasters Inc |
Licence condition matter |
Complaint about a community broadcaster not representing the community interest, not encouraging participation in the operations of the service and not providing the service for community purposes |
No breach of subclause 9(2)(b) of Schedule 2 to the Broadcasting Services Act 1992 [representing community interest] No breach of subclause 9(2)(c)(i) of Schedule 2 to the Broadcasting Services Act 1992 [encourage community participation in the operations of the service] No breach of subclause 9(2)(d) of Schedule 2 to the Broadcasting Services Act 1992 [providing the service for community purposes] |
BI-470^ |
Memphis Mayhem FM Radio Inc |
Licence condition matter |
Complaint about a community broadcaster not providing the service for community purposes |
No breach subclause 9(2)(d) of Schedule 2 to the Broadcasting Services Act 1992 [providing the service for community purposes] |
BI-490^ |
Fresh Broadcasters Inc |
Licence condition matter |
Complaint about a community licensee broadcasting a tobacco advertisement |
No breach subclause 9(1)(a) of Schedule 2 to the Broadcasting Services Act 1992 [licensee will not broadcast a tobacco advertisement] |
^Investigation against a licence condition, standard or provision of the Broadcasting Services Act 1992. |
||||
Open narrowcasting radio |
||||
No breach findings: 2 |
||||
BI-412^ |
Air FM/Futrends Pty Ltd |
General programming |
Categories of broadcasting service—providing programs of broad appeal on a narrowcasting service |
No breach of section 18 [definition of narrowcasting services] and section 133 [providing a commercial radio service without a licence] of the Broadcasting Services Act 1992 |
BI-413^ |
Vintage FM/W & A Willmington Pty Ltd |
General programming |
Categories of broadcasting service—providing programs of broad appeal on a narrowcasting service |
No breach of section 18 [definition of narrowcasting services] and section 133 [providing a commercial radio service without a licence] of the Broadcasting Services Act 1992 |
^Investigation against a licence condition, standard or provision of the Broadcasting Services Act 1992. |
null
Appendix 6: Telecommunications consumer protection compliance and enforcement outcomes
Table A.25 includes information related to the ACMA’s requirement under paragraphs 57(d)
and 57(e) of the ACMA Act to report on Part 6 of the Telecommunications Act.
Entity |
Regulation |
Subject matter |
Outcome |
Air Networks Pty Ltd |
Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act) |
Section 128: Failure to join the TIO scheme |
Remedial direction |
Moove Mobile Pty Ltd |
TCPSS Act |
Section 128: Failure to join the TIO scheme |
Remedial direction |
Telstra Corporation Limited |
Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 |
Paragraph 19(2)(b): Failure to implement arrangements for maximising service continuity to priority assistance customers. |
Remedial direction |
Telstra Corporation Limited |
C628:2015 Telecommunications Consumer Protection Code (TCP Code) |
Chapter 4: Consumer, Sales, Service and Contracts Clause 4.1.3 (meeting consumer needs) Clause 4.1.3(d) (different needs) |
Formal warning |
SingTel Optus Pty Limited |
TCP Code |
Formal warning |
|
Vodafone Hutchinson Australia Pty Ltd |
TCP Code |
Formal warning |
|
TPG Internet Pty Limited |
Telecommunications Act |
Clause 19 of Schedule 2: Priority assistance |
Formal warning |
Dodo Services Pty Ltd |
Telecommunications Act |
Formal warning |
|
MyRepublic Pty Ltd |
Telecommunications Act |
Formal warning |
|
Southern Phone Company Ltd |
Telecommunications Act |
Formal warning |
|
Foxtel Management Pty Ltd |
Telecommunications Act |
Formal warning |
|
Spintel Pty Ltd |
Telecommunications Act |
Clause 19 of Schedule 2: Priority assistance |
Formal warning |
Exetel Pty Ltd |
Telecommunications Act |
Formal warning |
|
Aussie Broadband Pty Ltd |
Telecommunications Act |
Formal warning |
|
Skymesh Pty Ltd |
Telecommunications Act |
Formal warning |
|
Australian Private Networks trading as Activ8me |
Telecommunications Act |
Formal warning |
|
V4 Telecom Pty Ltd |
Telecommunications Act |
Formal warning |
|
Red Telecom Pty Ltd |
TCP Code |
Chapter 9: Code Compliance and Monitoring Clause 9.1(registration with Communications Compliance for code compliance and monitoring Clause 9.4 (providing compliance statements to Communications Alliance) |
Formal warning |
MyRepublic Pty Ltd |
TCP Code |
Formal warning |
|
Lycamobile Pty Ltd |
TCP Code |
Chapter 9: Code Compliance and Monitoring Clause 9.4 (providing compliance statements to Communications Alliance) |
Infringement notice |
Telecommunications Act |
Failure to comply with a direction under section 121 of the Act |
||
Vocal Channels Pty Ltd |
TCP Code |
Chapter 9: Code Compliance and Monitoring Clause 9.1(registration with Communications Compliance for code compliance and monitoring Clause 9.4 (providing compliance statements to Communications Alliance) |
Direction to comply |
Digital Technologies & Telecommunications Pty Limited |
TCP Code |
Chapter 9: Code Compliance and Monitoring Clause 9.1(registration with Communications Compliance for code compliance and monitoring Clause 9.4 (providing compliance statements to Communications Alliance) Chapter 6: Credit and Debt Management Clause 6.11 (financial hardship policy) |
Direction to comply |
Peak Connect Pty Ltd |
TCP Code |
Chapter 9: Code Compliance and Monitoring Clause 9.1(registration with Communications Compliance for code compliance and monitoring Clause 9.4 (providing compliance statements to Communications Alliance) |
Formal warning |
ACN Pacific Pty Ltd |
Telecommunications (Consumer Complaints Handling) Industry Standard 2018 (Complaints Standard) |
Section 7 of the Complaints Standard, requiring carriage service providers to have in place a complaints handling process that includes the minimum requirements for consumer complaints handling. |
Formal warning |
Amnet Broadband Pty Ltd |
Complaints Standard |
Formal warning |
|
Astron Communication & Information Services Pty Ltd |
Complaints Standard |
Formal warning |
|
Aussie Broadband Pty Ltd |
Complaints Standard |
Formal warning |
|
Australian Phone and Internet Pty Ltd |
Complaints Standard |
Formal warning |
|
Australian Private Networks Pty Ltd |
Complaints Standard |
Formal warning |
|
Bvivid Pty Ltd |
Complaints Standard |
Formal warning |
|
Engin Pty Ltd |
Complaints Standard |
Formal warning |
|
Exetel Pty Ltd |
Complaints Standard |
Formal warning |
|
Foxtel Management Pty Ltd |
Complaints Standard |
Formal warning |
|
Fuzenet Pty Ltd |
Complaints Standard |
Formal warning |
|
Intelico Pty Ltd |
Complaints Standard |
Formal warning |
|
Internode Pty Ltd |
Complaints Standard |
Section 7 of the Complaints Standard, requiring carriage service providers to have in place a complaints handling process that includes the minimum requirements for consumer complaints handling. |
Formal warning |
My Net Fone Pty Ltd |
Complaints Standard |
Formal warning |
|
Spintel Pty Ltd |
Complaints Standard |
Formal warning |
|
Tangerine Telecom Pty Limited |
Complaints Standard |
Formal warning |
|
Vividwireless Pty Ltd |
Complaints Standard |
Formal warning |
|
Westnet Pty Ltd |
Complaints Standard |
Formal warning |
|
Dodo Services Pty Ltd |
Complaints Standard |
Formal warning |
|
iiNet Ltd |
Complaints Standard |
Formal warning |
|
M2 Commander Pty Ltd |
Complaints Standard |
Formal warning |
|
MyRepublic Pty Ltd |
Complaints Standard |
Formal warning |
|
Singtel Optus Pty Ltd |
Complaints Standard |
Formal warning |
|
Primus Telecommunications Pty Limited |
Complaints Standard |
Formal warning |
|
Telstra Corporation Limited |
Complaints Standard |
Formal warning |
|
TPG Internet Pty Ltd |
Complaints Standard |
Formal warning |
|
Vodafone Hutchison Australia Pty Limited |
Complaints Standard |
Formal warning |
|
V4 Telecom Pty Ltd |
Complaints Standard |
Sections 7, 11, 12, 13, 14, 15, 20 and 21 of the Complaints Standard, requiring carriage service providers to meet requirements related to complaints handling. |
Formal warning under the Complaints Standard |
TCP Code |
Chapter 7 of the TCP Code concerns the transfer of services between suppliers under various circumstances. |
Direction to comply |
|
Australia Broadband Pty Ltd |
Complaints Standard |
Section 7 of the Complaints Standard, requiring carriage service providers to have in place a complaints handling process that includes the minimum requirements for consumer complaints handling. |
Remedial direction requiring the carriage service provider to establish a written complaints handling process that is complaint with the Complaints Standard. |
Simply NBN Pty Ltd |
Complaints Standard |
Remedial direction requiring the carriage service provider to establish a written complaints handling process that is complaint with the Complaints Standard. |
|
Oz Talk Communications Pty Ltd |
Complaints Standard |
Remedial direction requiring the carriage service provider to establish a written complaints handling process that is complaint with the Complaints Standard. |
|
Flip TV Pty Ltd |
Complaints Standard |
Remedial direction requiring the carriage service provider to establish a written complaints handling process that is complaint with the Complaints Standard. |
|
Flip TV Pty Ltd |
Telecommunications (NBN Consumer Information) Industry Standard 2018 (Consumer Information Standard) |
Section 7—Key Facts Sheets meeting minimum requirements must be made available for NBN consumer plans Section 11—Minimum information requirements for advertising material about NBN consumer plans |
Infringement notice |
Mate Communicate Pty Ltd |
Consumer Information Standard |
Infringement notice |
|
Business Service Brokers Pty Ltd |
Consumer Information Standard |
Infringement notice |
|
Australian Private Networks Pty Ltd |
Consumer Information Standard |
Infringement notice |
|
Simply NBN Pty Ltd |
Consumer Information Standard |
Infringement notice |
|
My Net Fone Australia Pty Ltd |
Consumer Information Standard |
Infringement notice |
|
Aussie Broadband Pty Ltd |
Consumer Information Standard |
Section 7—Key Facts Sheets meeting minimum requirements must be made available for NBN consumer plans Section 11—Minimum information requirements for advertising material about NBN consumer plans |
Infringement notice |
PIPE Networks Pty Limited |
C564:2011 Mobile Phone Base Station Deployment Code (Deployment Code) |
Clause 6.4.1(a) (information about the proposed location) Clause 6.4.5(a) (having a website that includes the address of the proposed site) Clause 6.7.3(d) (to prepare a report for the local Council that includes the likely dates for commencement of construction) Clause 6.7.5(a) (to give the report to the council before commencement of the works) Clause 6.7.5(b) (to update the website where construction is intended) |
Direction (to comply with clause 5.2 of the 2018 Deployment Code) |
Telstra Corporation Limited |
Deployment Code |
Clause 6.2.6 (fully complying with the consultation plan by contacting persons residing in the immediate vicinity of the facility). Clause 6.4.4 (sending an enveloped letter containing the information in clause 6.4.1 of the Deployment Code 2011 to all Interested and Affected Parties). Clause 11.3.1 (acknowledging a complaint in writing within 10 business days of the receipt of the complaint). |
Formal warning |
Telstra Corporation Limited |
Telecommunications (Emergency Call Service) Determination 2009 |
Section 22 failing to ensure emergency calls made using emergency telephone services it supplies were carried to the relevant termination point. |
Enforceable undertaking |
Appendix 7: Disclosures of information
Customer information provided to telecommunications carriers and CSPs is protected under Part 13 of the Telecommunications Act. Carriers and CSPs are prohibited from disclosing that information to other parties—except in limited circumstances—and are required to report specific disclosures to the ACMA under section 308 of the Telecommunications Act.
The ACMA is required under paragraph 57(f) of the ACMA Act to include in its annual report information on disclosures of customer information made by carriers and CSPs during the reporting year. The disclosures made under Part 13 of the Telecommunications Act by carriers and CSPs are included in reports to the ACMA under section 308 and are set out in Table A.26 below for 2018–19.
Reason for disclosure |
(Sub)section |
Number of disclosures, 2018–19 |
Under the Telecommunications Act |
||
Authorised by or under law |
280 |
8,432 |
Made as a witness under summons |
281 |
86 |
To assist the ACMA |
284(1) |
744 |
To assist the eSafety Commissioner |
284(1A) |
0 |
To assist the ACCC |
284(2) |
94 |
To assist the TIO |
284(3) |
244,876 |
Calls to emergency service number |
286 |
44,591 |
To avert a threat to a person’s life or health |
287 |
18,842 |
Communications for maritime purposes |
288 |
2 |
With the knowledge or consent of the person concerned |
289 |
1,802,706 |
In circumstances prescribed in the Telecommunications Regulations 2001 |
292 |
0 |
Under the Telecommunications (Interception and Access Act) 1979 |
||
Voluntary disclosure |
177 |
101 |
Authorisations for access to existing information or documents—enforcement of the criminal law |
178 |
508,386 |
Authorisations for access to existing information or documents—locating missing persons |
178A |
2,269 |
Authorisations for access to existing information or documents—enforcement of a law imposing pecuniary penalty or protection of the public revenue |
179 |
1,321 |
Authorisations for access to prospective information or documents |
180 |
143,466 |
Enforcement of the criminal law of a foreign country (existing information) |
180A |
35 |
Enforcement of the criminal law of a foreign country (prospective information) |
180B |
10 |
Total |
2,775,961 |
Source: Carriers and carriage service providers.
Part 13 of the Telecommunications Act allows information contained in the IPND to be disclosed for the testing and operation of telephone-based emergency warning systems by state and territory governments. The number and type of disclosures made under subsections 295V(1) or 295V(2) of the Telecommunications Act in 2018–19, as reported to the ACMA under section 295ZC of the Telecommunications Act, are set out in Table A.27.
Reason for disclosure |
(Sub)section of Act |
Number of disclosures, 2018–19 |
Likely emergency |
295V(1) |
0 |
Actual emergency |
295V(2) |
13,628 |
Total |
13,628 |
Appendix 8: Lawful disruption of access to online services by government agencies
If an Australian Government agency relies on subsection 313(3) of the Telecommunications Act to request internet service providers disrupt access to certain online services, they are required to follow the Guidelines for the use of section 313(3) of the Telecommunications Act 1997 by government agencies for the lawful disruption of access to online services. State and territory agencies are also encouraged to follow the guidelines. Agencies are advised to limit the use of subsection 313(3) in disrupting services to cases involving serious criminal or civil offences, or threats to national security.
The guidelines require agencies to report to the ACMA on the use of subsection 313(3) to disrupt online services and for this statistical information to be included in the ACMA’s annual report.
No Commonwealth, state or territory government agency reported that it had used subsection 313(3) of the Telecommunications Act to disrupt access to online services during the reporting period. This is reflected in tables A.28 and A.29 below.
Reason for requests to disrupt services under section 313(3) |
(Sub)section |
Number of requests, 2018–19 |
Enforcing the criminal law and laws imposing pecuniary penalties |
313(3)(c) |
0 |
Assisting the enforcement of the criminal laws in force in a foreign country |
313(3)(ca) |
0 |
Assisting the investigation and prosecution of: (i) crimes within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002) (ii) Tribunal offences (within the meaning of the International War Crimes Tribunals Act 1995) |
313(3)(cb) |
0 |
Protecting the public revenue |
313(3)(d) |
0 |
Safeguarding national security |
313(3)(e) |
0 |
Total number of disruption requests |
0 |
Source: Government agencies.
Reason for online services blocked under section 313(3) |
(Sub)section |
Number of services blocked 2018–19 |
Enforcing the criminal law and laws imposing pecuniary penalties |
313(3)(c) |
0 |
Assisting the enforcement of the criminal laws in force in a foreign country |
313(3)(ca) |
0 |
Assisting the investigation and prosecution of: (i) crimes within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002 ); and (ii) Tribunal offences (within the meaning of the International War Crimes Tribunals Act 1995); |
313(3)(cb) |
0 |
Protecting the public revenue |
313(3)(d) |
0 |
Safeguarding national security |
313(3)(e) |
0 |
Total number of online services blocked |
0 |
Source: Government agencies.
Appendix 9: Regional and Small Publishers Innovation Fund
The following information addresses the ACMA’s requirement under section 205ZL of the BSA (since September 2018) to report on information about the recipients of grants in accordance with section 46 of the PGPA Act.
Recipient name |
Amount |
Purpose of grant |
Ace Radio Broadcasters Pty Ltd |
$50,000.00 |
To design and develop a new website for the online publication. |
Agenda Media Pty Ltd |
$163,636.37 |
To launch a series of five weekly email newsletters segmented to audiences who have opted-in to receive news across different industries including agriculture, sport, health, STEM and small business. |
Alexandra Newspapers Pty Ltd |
$18,181.82 |
To develop and expand the publisher’s existing digital media by adding the capacity to produce and release a weekly podcast. Develop social media to allow video reporting of features to their website and Facebook page. |
Central West Media Pty Ltd |
$45,454.55 |
To assist the publishers with their Digital Community Content Project towards the backend automation development and website development. |
Elliott Newspaper Group Pty Ltd |
$342,000.00 |
To purchase a new content management system package and develop new websites for their publications. |
McPherson Newspapers Pty Ltd |
$220,780.00 |
To create new digital efficiencies through the installation of new technology solutions. |
Mildura Weekly Pty Ltd |
$45,454.55 |
To create and produce daily video podcast interviews with people of interest in the local community. |
Nascon Media Pty Ltd |
$34,545.45 |
To develop a digital online platform to provide news and other information on developments in agricultural technology (fitting into the existing suite of agricultural news websites). |
North East Media Pty Ltd |
$18,181.82 |
To engage a media consultant to provide digital marketing training to the advertising sales team and facilitate a full digital workshop for the publisher’s current and prospective new advertisers. |
North East Media Pty Ltd |
$26,441.82 |
To develop an integration cloud-based software as a service, tailored specifically for the organisation’s needs and workflows. |
Numurkah Leader Unit Trust |
$80,000.00 |
To purchase a specialised newspaper content management system with paywall and advertising integration data. |
Private Media Operations Pty Ltd |
$414,845.45 |
To develop a new professional network module to the existing digital platform to be available to members. |
Private Media Operations Pty Ltd |
$362,727.28 |
To create a customer engagement and distribution platform. |
Solstice Media Pty Ltd |
$40,000.00 |
To develop and implement a structured, targeted membership and donation strategy. |
Surf Coast News Australia Pty Ltd |
$275,300.00 |
To create and develop a new website to complement the publisher’s existing print edition. |
The Huon Newspaper Company Pty Ltd |
$99,469.09 |
To launch a project aimed at digitising and increasing traditional news content to reach a broader audience. |
The Irish Exile Pty Ltd |
$68,181.82 |
To innovate the publication’s digital presence by upgrading its technological equipment and software, expanding its publication of digital content and improve digital audience engagement. |
The North Western Courier Pty Ltd |
$249,727.27 |
To develop its digital and interactive online presence. Create and update its current digital online publication. |
The Saturday Paper Pty Ltd |
$9,720.00 |
To engage a specialist third party to undertake a review of the existing customer relationship management solution and internal customer management processes. |
The Saturday Paper Pty Ltd |
$16,000.00 |
To design and implement pilot initiatives to improve user engagement and explore ways to better interact with readers and the wider community. |
The Saturday Paper Pty Ltd |
$140,000.00 |
To build a digital media studio at the publisher’s headquarters to produce and publish video and audio content, including podcasts. |
The Trustee for Creighton Family Trust |
$172,000.00 |
To purchase a newsroom content management system with paywall and ad management integration for the applicant’s website to complement the existing newspaper. |
The Trustee for Ian Thomas Family Trust |
$35,909.09 |
To develop an email engagement platform to consolidate email services and publishing platform and provide a single integrated interface for producing and managing email alerts for content and breaking news. |
The Trustee for Parkes-Brown Family Trust |
$18,181.82 |
To commission a company via tender to conduct market research to gain an objective assessment of the publication’s news content. |
The Trustee for the Paton Family Trust |
$41,754.00 |
To create a scoping study to develop concepts, determine key business drivers, and potential opportunities for a viable proposal project. |
Warracknabeal Herald Pty Ltd |
$115,592.32 |
To install new digital newsroom technology and upgrade computers and AV equipment. |
Warragul Regional Newspapers Pty Ltd |
$99,228.00 |
To launch a digital innovation project aimed at improving the publisher’s digital channels. |
Western District Newspapers Pty Ltd |
$221,315.36 |
To purchase a content management system specialised for digital newsroom publishing, with in-built ad management capabilities and paywall technology. |
Total |
$3,424,627.98 |
Advice to the ACMA by the Advisory Committee
The following information addresses the ACMA’s requirement, under paragraph 205ZL(d) of the Broadcasting Services Act 1992, to report on any advice given during the financial year to the ACMA by the Advisory Committee constituted by the then Minister for Communications and the Arts under section 205ZK of that Act. The ACMA had regard to advice from the Advisory Committee reported in this section when deciding to award the 28 grants listed in Table A.30.
Name |
Organisation |
Megan Brownlow (Chair) |
PricewaterhouseCoopers |
Louisa Graham |
Walkley Foundation |
Anna Reynolds |
Australian Press Council |
John Angilley |
Independent Pricing and Regulatory Tribunal, Expert nominee of Country Press Australia |
Professor Peter Fray |
University of Technology Sydney |
Michael Malone |
Superloop, NBN Co, SWM |
The Advisory Committee reviewed 84 applications and recommended a shortlist of 29 applicants in round one of the Regional and Small Publishers Innovation Fund. The total recommended amount of $3.54 million was split between metropolitan and regional areas, as outlined in the Table A.32.
Amount |
Percentage |
|
Metro total |
$1,358,050.00 |
38.36% |
Regional total |
$2,182,621.90 |
61.64% |
Total |
$3,540,671.90* |
100.00% |
* This figure represents the aggregate amount of grant funding recommended by the Advisory Committee for the 29 shortlisted grant applications. The total of $3,424,627.98 represents the actual amount of grant funding for the 28 successful grant applications.
*This figure represents the aggregate amount of grant funding recommended by the Advisory Committee for the 29 shortlisted grant applications. The total of $3,424,627.98 represents the actual amount of grant funding for the 28 successful grant applications.
In considering the 84 applications, the Advisory Committee:
- considered the overall quality of the applications to be low and recommended only $3,540,672 of the available $16 million to be allocated
- was favourable to innovative proposals tied to a clearly identified market need that built on areas of expertise
- looked unfavourably on applications lacking a market need or expertise, with unsustainable business models, and without valid costing or budget details
- recommended changes to Innovation Fund guidelines to increase clarity for future applicants
- provided additional guidance for future applicants
- observed that to allocate funding to projects unlikely to succeed or that did not align with the objectives of the Innovation Fund would be irresponsible
- took the view that many applicants lacked experience in making grant requests and misunderstood the objectives of the Innovation Fund.
Recommendations to the ACMA
Noting that there would be further funding rounds, the Advisory Committee recommended adjusting the application form to include:
- requirements for quotes on costings
- a demonstration of market demand for the proposal
- data on the current size of the applicant’s business
- a desired outcome if the application is successful—for example, increase in business size and audience
- a reworking of the ‘efficient/effective’ section, which caused confusion.
The Advisory Committee considered a simple SWOT (strengths, weaknesses, opportunities and threats) analysis might be a useful framework for future applications, along with additional support tools. It also recommended that eligibility be extended to not-for-profit organisations.
Recommendations for future applicants
The Advisory Committee recommended that the following advice be provided to applicants:
- Consider the proven market demand for your proposal.
- Weigh up your core competencies and assets and explain how your proposal leverages them.
- Consider taking an iterative approach by seeking funding in stages.
- Do not guesstimate the cost of your proposal—seek quotes and attach them.
- Use data, robustly collected, where possible.
- Look at other publisher models for inspiration and reference these.
- Understand that ‘innovation’ is a method of adapting to meet new requirements of a changing audience and media landscape. It should be practical.
- Read the conditions carefully.
Appendix 10: Advertising expenditure and market research
This appendix contains information for both the ACMA and eSafety.
Advertising
During the reporting period, advertising was placed for a range of purposes, including public notices, legal notices, job vacancies and small-scale campaigns targeted to both consumer and industry audiences.
During 2018–19 the ACMA or eSafety did not undertake any advertising campaigns with expenditure in excess of $250,000.
Expenditure on advertising in 2018–19 was $175,760 (see Table A.33).
Organisation name |
Purpose |
Amount of payment (including GST) |
Mitchell and Partners |
Public notices and general advertising |
$28,887 |
Universal McCann |
Public notices and general advertising |
$116,152 |
Civic Media |
General advertising |
$19,415 |
Department of Health and Human Services Victoria |
General advertising |
$7,956 |
Be Visual Company |
General advertising |
$930 |
Graduate Careers Australia |
General advertising |
$2,420 |
Total |
$175,760 |
Market research
Organisation name |
Purpose |
Amount of payment (incl. GST) |
Colmar Brunton |
NBN consumer experience research |
$65,799 |
Social Research Centre |
ACMA Annual Consumer Survey |
$141,022 |
Woolcott Research & Engagement |
Customer Service Centre Survey 2018 |
$13,750 |
Social Research Centre |
Qualitative research on adults who exhibit image-based abuse behaviour |
$68,978 |
Social Research Centre |
Indigenous and eSafety research |
$32,463 |
Whereto Research |
National survey on parental attitudes to online safety |
$163,350 |
Engine Asia Pacific |
Telecommunications consumer experience research |
$87,410 |
Plum Consulting London LLP |
Spectrum allocations practices research |
$59,250 |
University of Technology Sydney |
News literature review |
$90,815 |
Woolcott Research & Engagement |
Customer Service Centre Satisfaction Survey |
$20,625 |
Aetha Consulting Limited |
Research on national positions and developments in 26 GHz band |
$8,500 |
Clarity Strategic Research |
Focus group research on older Australians for Be Connected |
$26,400 |
Queensland University of Technology |
Online safety education—best practice framework |
$8,800 |
Student Edge Pty Ltd |
Safety by Design youth consultation |
$21,450 |
Whereto Research |
Qualitative research on online safety of young people |
$42,900 |
Whereto Research |
Understanding experiences and support needs of frontline workers |
$87,560 |
Total |
$939,072 |
Appendix 11: Data reported by regulated entities
Data about control of media assets
On 1 March 2019, the ACMA published a new Register of Foreign Owners of Media Assets with information about foreign stakeholders and their interests in Australian media assets. This register was established under the Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, which commenced in September 2018. This Act has new notification requirements for foreign persons with interests in Australian media companies.
Foreign persons also have an ongoing obligation to notify the ACMA if they become, or cease to be, a foreign stakeholder. Foreign stakeholders have further annual reporting obligations.
Notifications by foreign stakeholders
During the reporting period, the ACMA received 222 foreign stakeholder notifications in relation to 92 foreign stakeholders.
Notifications of changes in control
We received notifications about nine events that affected the control of media
operations including:
- five commercial television broadcasting licences
- 10 commercial radio broadcasting licences
- 18 associated newspapers.
Licensees, publishers and persons assuming control are obliged to notify the ACMA of changes in control of regulated media assets—namely, commercial radio broadcasting licences, commercial television broadcasting licences and associated newspapers.
We updated our public register with these new notifications, as well as our public database of regulated media assets and their controllers.
All notifications lodged with us in the reporting period for change-of-control events were processed within the statutory time frames.
During the reporting period, we did not receive any applications under section 67 of the Broadcasting Services Act 1992 (BSA) for prior approval of temporary breaches of the statutory control rules, or under section 61AJ of the BSA for unacceptable media diversity situations.
Register of licensed interactive wagering services
In raising awareness of Australian gambling laws to help minimise the supply and use of illegal interactive gambling services, we are required under the Interactive Gambling Act 2001 (IGA) to maintain a register of interactive wagering service providers that are licensed by an Australian state or territory. At 30 June 2019, there were 128 entries on the register—41 were TABs, corporate bookmakers and betting exchanges and 87 were on-course bookmakers.
Australian content
All commercial television broadcasting licensees reported meeting primary channel (55 per cent) and non-primary channel (1,460 hours) transmission quotas for Australian content in 2018.
The transmission quotas are specified by the BSA and apply to programs televised by free-to-air commercial television broadcasters between 6 am and midnight each calendar year.
The amount of Australian content provided by commercial television licensees on their primary channels was high, with the Seven Network providing an average of 77 per cent local programming, the Nine Network an average of 74 per cent and Network Ten an average of
69 per cent. All three networks met the 1,460 hours quota for non-primary channels:
- Seven Network averaged 5,210 hours
- Nine Network averaged 3,696 hours
- Network Ten averaged 2,697 hours.
Broadcasting Services (Australian Content) Standard 2016 and the Children’s Television Standards 2009
All licensees reported compliance with the annual sub-quota requirements for first-release Australian drama, documentary and children’s programs in 2018.
Regional radio local content obligations
Local content and presence obligations due to a regional radio trigger event
The BSA sets out circumstances where a trigger event for a regional commercial radio broadcasting licence causes additional obligations to apply to a regional commercial
radio licence1.
There were two trigger events affecting three regional commercial radio licences. None of those licences had previously been affected by a trigger event. All required draft local content plans and local presence reports were provided in the 90-day statutory time frame. The submitted local content plans set out how licensees will meet minimum service standards for local news, weather, community service announcements and emergency warnings.
Compliance with local content plans2
Annual reporting for the 2017–18 financial year showed a high level of compliance with their local content plans by trigger event-affected regional commercial radio broadcasting licensees.
Of the 145 annual compliance reports provided to us by trigger event-affected licensees, all reported compliance with the statutory minimum service standards. Only two reported non-compliance with their approved local content plans for four licences. These licensees provided less than the minimum number of eligible local weather bulletins specified in their local content plan (although all provided well in excess of the statutory minimum of five eligible local weather bulletins per week). Considering the low impact of the breach and the steps licensees took to rectify the non-compliance, all four cases were resolved with no further action.
Appendix 12: Outcome table
This appendix contains information for both the ACMA and the Office of the eSafety Commissioner and shows how much was spent (on an accrual basis) on achieving the outcome by funding source.
Outcome 1: A communications and media environment that balances the needs of the industry and the Australian community through regulation, education
and advice
Budget1 (1) $’000 |
Actual2 (2) $’000 |
Variance (2) minus (1) $’000 |
|
Program 1.1: Communications regulation, planning and licensing |
|||
Administered expenses |
|||
Ordinary annual services (Appropriation Act Nos. 1 and 3) |
50 |
- |
50 |
Departmental expenses |
|||
Departmental appropriation |
39,296 |
40,052 |
(756) |
Expenses not requiring appropriation in the budget year |
5,332 |
5,769 |
(437) |
Subtotal for Program 1.1 |
44,678 |
45,821 |
(1,143) |
Program 1.2: Consumer safeguards, education and information |
|||
Administered expenses |
|||
Ordinary annual services (Appropriation Act Nos. 1 and 3) |
16,000 |
6,955 |
9,045 |
Special appropriations |
300 |
- |
300 |
Departmental expenses |
|||
Departmental appropriation |
36,520 |
36,817 |
(297) |
Expenses not requiring appropriation in the budget year |
4,922 |
5,769 |
(847) |
Subtotal for Program 1.2 |
57,742 |
49,541 |
8,201 |
Program 1.3: Office of the eSafety Commissioner |
|||
Administered expenses |
|||
Ordinary annual services (Appropriation Act Nos. 1 and 3) |
6,921 |
6,832 |
89 |
Departmental expenses |
|||
Special account |
|||
Online Safety Special Account—s72 Enhancing Online Safety Act 2015 |
14,341 |
14,601 |
(260) |
Subtotal for Program 1.3 |
21,262 |
21,433 |
(171) |
Departmental |
100,411 |
103,008 |
(2,597) |
Administered |
23,271 |
13,787 |
9,484 |
Total for Outcome 1 |
123,682 |
116,795 |
6,887 |
Average staffing level |
427 |
409 |
1 Budget represents the original budget per the 2018–19 Portfolio Budget Statements.
2 Actual appropriations are the total available appropriation in 2018–19, including Mid-Year Economic and Fiscal Outlook (MYEFO) budget adjustments.
Appendix 13: Entity resource statement
This appendix contains information for both the ACMA and the Office of the eSafety Commissioner.
Actual available appropriations for 2018–19 $’000 (a) |
Payments made 2018–19 $’000 (b) |
Balance remaining $’000 (a-b) |
|
Ordinary annual services |
|||
Departmental appropriation1, 2 |
121,613 |
99,131 |
22,482 |
Total |
121,613 |
99,131 |
22,482 |
Administered expenses |
|||
Outcome 1 |
22,921 |
8,515 |
|
Total |
22,921 |
8,515 |
|
Total ordinary services A |
144,534 |
107,646 |
|
Other services |
|||
Departmental non-operating |
535 |
535 |
- |
Total other services B |
535 |
535 |
- |
Special appropriations |
|||
Special appropriations limited by entitlement |
|||
Public Governance, Performanc and Accountability Act 2013—s. 77 |
6,977 |
||
Telecommunication Act 1997—s. 136C(4) |
- |
||
Total special appropriations C |
6,977 |
||
Special accounts |
|||
Opening balance |
1,953 |
1,953 |
- |
Appropriation receipts |
14,941 |
12,866 |
2,075 |
Non-appropriations receipts |
900 |
900 |
- |
Total special accounts D |
17,794 |
15,719 |
2,075 |
Total resourcing A + B + C + D |
162,863 |
130,877 |
1 This amount is net of $284,000 for the repealed Appropriation Act (No.1) 2015–16.
2 Children’s Online Safety appropriation is included in the Australian Communication and Media Authority’s Appropriation Act 1 however the appropriation is moved to the Online Safety Special Account s72 Enhancing Online Safety Act 2015.
Appendix 14: eSafety financial reporting
This appendix contains financial information on the operation of eSafety, presented in accordance with subsection 57(aa) of the ACMA Act.
2019 |
2018 |
|
Departmental |
||
Operating expenses |
||
Employee benefits |
7,450 |
6,072 |
Supplier expenses |
||
Consultants |
316 |
288 |
Contractors |
2,547 |
2,308 |
Outsourced services |
2,405 |
3,267 |
IT and communications services |
475 |
125 |
Travel costs |
471 |
386 |
Other |
553 |
852 |
Total supplier expenses |
6,767 |
7,226 |
Total operating expenses |
14,217 |
13,298 |
Capital purchases |
||
Internally developed software |
1,140 |
- |
Leasehold improvements |
215 |
- |
Total capital purchases |
1,355 |
- |
Total departmental expenditure |
15,572 |
13,298 |
Administered |
||
Supplier expenses |
||
Consultants |
396 |
1,229 |
Contractors |
3,749 |
3,321 |
Outsourced services |
1,479 |
1,463 |
IT and communications services |
1,014 |
1,013 |
Travel costs |
100 |
72 |
Other |
95 |
101 |
Total supplier expenses |
6,833 |
7,199 |
Total administered expenditure |
6,833 |
7,199 |
Appendix 15: List of requirements
Requirements for annual reports
Requirements in Schedule 2 of the PGPA Rule.
PGPA Rule Reference |
Part of Report |
Description |
Requirement |
17AD(g) |
Letter of transmittal |
||
17AI |
A copy of the letter of transmittal signed and dated by accountable authority on date final text approved, with statement that the report has been prepared in accordance with section 46 of the Act and any enabling legislation that specifies additional requirements in relation to the annual report. |
Mandatory |
|
17AD(h) |
Aids to access |
||
17AJ(a) |
Table of contents. |
Mandatory |
|
17AJ(b) |
Cross-reference |
Alphabetical index. |
Mandatory |
17AJ(c) |
Glossary of abbreviations and acronyms. |
Mandatory |
|
17AJ(d) |
List of requirements. |
Mandatory |
|
17AJ(e) |
Details of contact officer. |
Mandatory |
|
17AJ(f) |
Entity’s website address. |
Mandatory |
|
17AJ(g) |
Electronic address of report. |
Mandatory |
|
17AD(a) |
Review by accountable authority |
||
17AD(a) |
Cross-reference |
A review by the accountable authority of the entity. |
Mandatory |
17AD(b) |
Overview of the entity |
||
17AE(1)(a)(i) |
A description of the role and functions of the entity. |
Mandatory |
|
17AE(1)(a)(ii) |
A description of the organisational structure of the entity. |
Mandatory |
|
17AE(1)(a)(iii) |
Cross-reference |
A description of the outcomes and programmes administered by the entity. |
Mandatory |
17AE(1)(a)(iv) |
A description of the purposes of the entity as included in corporate plan. |
Mandatory |
|
17AE(1)(aa)(i) |
Name of the accountable authority or each member of the accountable authority |
Mandatory |
|
17AE(1)(aa)(ii) |
Position title of the accountable authority or each member of the accountable authority |
Mandatory |
|
17AE(1)(aa)(iii) |
Period as the accountable authority or member of the accountable authority within the reporting period |
Mandatory |
|
17AE(1)(b) |
N/A |
An outline of the structure of the portfolio of the entity. |
Portfolio departments ‑ mandatory |
17AE(2) |
N/A |
Where the outcomes and programs administered by the entity differ from any Portfolio Budget Statement, Portfolio Additional Estimates Statement or other portfolio estimates statement that was prepared for the entity for the period, include details of variation and reasons for change. |
If applicable, Mandatory |
17AD(c) |
Report on the Performance of the entity |
||
Annual performance Statements |
|||
17AD(c)(i); 16F |
Annual performance statement in accordance with paragraph 39(1)(b) of the Act and section 16F of the Rule. |
Mandatory |
|
17AD(c)(ii) |
Report on Financial Performance |
||
17AF(1)(a) |
A discussion and analysis of the entity’s financial performance. |
Mandatory |
|
17AF(1)(b) |
A table summarising the total resources and total payments of the entity. |
Mandatory |
|
17AF(2) |
If there may be significant changes in the financial results during or after the previous or current reporting period, information on those changes, including: the cause of any operating loss of the entity; how the entity has responded to the loss and the actions that have been taken in relation to the loss; and any matter or circumstances that it can reasonably be anticipated will have a significant impact on the entity’s future operation or financial results. |
If applicable, Mandatory. |
|
17AD(d) |
Management and Accountability |
||
Corporate Governance |
|||
17AG(2)(a) |
Cross-reference |
Information on compliance with section 10 (fraud systems) |
Mandatory |
17AG(2)(b)(i) |
A certification by accountable authority that fraud risk assessments and fraud control plans have been prepared. |
Mandatory |
|
17AG(2)(b)(ii) |
A certification by accountable authority that appropriate mechanisms for preventing, detecting incidents of, investigating or otherwise dealing with, and recording or reporting fraud that meet the specific needs of the entity are in place. |
Mandatory |
|
17AG(2)(b)(iii) |
A certification by accountable authority that all reasonable measures have been taken to deal appropriately with fraud relating to the entity. |
Mandatory |
|
17AG(2)(c) |
An outline of structures and processes in place for the entity to implement principles and objectives of corporate governance. |
Mandatory |
|
17AG(2)(d) – (e) |
A statement of significant issues reported to Minister under paragraph 19(1)(e) of the Act that relates to non‑compliance with Finance law and action taken to remedy non‑compliance. |
If applicable, Mandatory |
|
External Scrutiny |
|||
17AG(3) |
Information on the most significant developments in external scrutiny and the entity’s response to the scrutiny. |
Mandatory |
|
17AG(3)(a) |
Information on judicial decisions and decisions of administrative tribunals and by the Australian Information Commissioner that may have a significant effect on the operations of the entity. |
If applicable, Mandatory |
|
17AG(3)(b) |
Information on any reports on operations of the entity by the Auditor‑General (other than report under section 43 of the Act), a Parliamentary Committee, or the Commonwealth Ombudsman. |
If applicable, Mandatory |
|
17AG(3)(c) |
Information on any capability reviews on the entity that were released during the period. |
If applicable, Mandatory |
|
Management of Human Resources |
|||
17AG(4)(a) |
An assessment of the entity’s effectiveness in managing and developing employees to achieve entity objectives. |
Mandatory |
|
17AG(4)(aa) |
Statistics on the entity’s employees on an ongoing and non‑ongoing basis, including the following: (a) statistics on full‑time employees; (b) statistics on part‑time employees; (c) statistics on gender; (d) statistics on staff location. |
Mandatory |
|
17AG(4)(b) |
Statistics on the entity’s APS employees on an ongoing and non‑ongoing basis; including the following: - Statistics on staffing classification level; - Statistics on full‑time employees; - Statistics on part‑time employees; - Statistics on gender; - Statistics on staff location; - Statistics on employees who identify as Indigenous. |
Mandatory |
|
17AG(4)(c) |
Information on any enterprise agreements, individual flexibility arrangements, Australian workplace agreements, common law contracts and determinations under subsection 24(1) of the Public Service Act 1999. |
Mandatory |
|
17AG(4)(c)(i) |
Information on the number of SES and non‑SES employees covered by agreements etc identified in paragraph 17AG(4)(c). |
Mandatory |
|
17AG(4)(c)(ii) |
The salary ranges available for APS employees by classification level. |
Mandatory |
|
17AG(4)(c)(iii) |
A description of non‑salary benefits provided to employees. |
Mandatory |
|
17AG(4)(d)(i) |
Cross-reference |
Information on the number of employees at each classification level who received performance pay. |
If applicable, Mandatory |
17AG(4)(d)(ii) |
Cross-reference |
Information on aggregate amounts of performance pay at each classification level. |
If applicable, Mandatory |
17AG(4)(d)(iii) |
Cross-reference |
Information on the average amount of performance payment, and range of such payments, at each classification level. |
If applicable, Mandatory |
17AG(4)(d)(iv) |
Cross-reference |
Information on aggregate amount of performance payments. |
If applicable, Mandatory |
Assets Management |
|||
17AG(5) |
Cross-reference |
An assessment of effectiveness of assets management where asset management is a significant part of the entity’s activities |
If applicable, mandatory |
Purchasing |
|||
17AG(6) |
An assessment of entity performance against the Commonwealth Procurement Rules. |
Mandatory |
|
Consultants |
|||
17AG(7)(a) |
A summary statement detailing the number of new contracts engaging consultants entered into during the period; the total actual expenditure on all new consultancy contracts entered into during the period (inclusive of GST); the number of ongoing consultancy contracts that were entered into during a previous reporting period; and the total actual expenditure in the reporting year on the ongoing consultancy contracts (inclusive of GST). |
Mandatory |
|
17AG(7)(b) |
A statement that “During [reporting period], [specified number] new consultancy contracts were entered into involving total actual expenditure of $[specified million]. In addition, [specified number] ongoing consultancy contracts were active during the period, involving total actual expenditure of $[specified million]”. |
Mandatory |
|
17AG(7)(c) |
A summary of the policies and procedures for selecting and engaging consultants and the main categories of purposes for which consultants were selected and engaged. |
Mandatory |
|
17AG(7)(d) |
A statement that “Annual reports contain information about actual expenditure on contracts for consultancies. Information on the value of contracts and consultancies is available on the AusTender website.” |
Mandatory |
|
Australian National Audit Office Access Clauses |
|||
17AG(8) |
If an entity entered into a contract with a value of more than $100 000 (inclusive of GST) and the contract did not provide the Auditor‑General with access to the contractor’s premises, the report must include the name of the contractor, purpose and value of the contract, and the reason why a clause allowing access was not included in the contract. |
If applicable, Mandatory |
|
Exempt contracts |
|||
17AG(9) |
If an entity entered into a contract or there is a standing offer with a value greater than $10 000 (inclusive of GST) which has been exempted from being published in AusTender because it would disclose exempt matters under the FOI Act, the annual report must include a statement that the contract or standing offer has been exempted, and the value of the contract or standing offer, to the extent that doing so does not disclose the exempt matters. |
If applicable, Mandatory |
|
Small business |
|||
17AG(10)(a) |
Cross-reference |
A statement that “[Name of entity] supports small business participation in the Commonwealth Government procurement market. Small and Medium Enterprises (SME) and Small Enterprise participation statistics are available on the Department of Finance’s website.” |
Mandatory |
17AG(10)(b) |
Cross-reference |
An outline of the ways in which the procurement practices of the entity support small and medium enterprises. |
Mandatory |
17AG(10)(c) |
Cross-reference |
If the entity is considered by the Department administered by the Finance Minister as material in nature—a statement that “[Name of entity] recognises the importance of ensuring that small businesses are paid on time. The results of the Survey of Australian Government Payments to Small Business are available on the Treasury’s website.” |
If applicable, Mandatory |
Financial Statements |
|||
17AD(e) |
Inclusion of the annual financial statements in accordance with subsection 43(4) of the Act. |
Mandatory |
|
Executive Remuneration |
|||
17AD(da) |
Information about executive remuneration in accordance with Subdivision C of Division 3A of Part 2‑3 of the Rule. |
Mandatory |
|
17AD(f) |
Other Mandatory Information |
||
17AH(1)(a)(i) |
If the entity conducted advertising campaigns, a statement that “During [reporting period], the [name of entity] conducted the following advertising campaigns: [name of advertising campaigns undertaken]. Further information on those advertising campaigns is available at [address of entity’s website] and in the reports on Australian Government advertising prepared by the Department of Finance. Those reports are available on the Department of Finance’s website.” |
If applicable, Mandatory |
|
17AH(1)(a)(ii) |
Cross-reference |
If the entity did not conduct advertising campaigns, a statement to that effect. |
If applicable, Mandatory |
17AH(1)(b) |
Cross-reference |
A statement that “Information on grants awarded by [name of entity] during [reporting period] is available at [address of entity’s website].” |
If applicable, Mandatory |
17AH(1)(c) |
Cross-reference |
Outline of mechanisms of disability reporting, including reference to website for further information. |
Mandatory |
17AH(1)(d) |
Website reference to where the entity’s Information Publication Scheme statement pursuant to Part II of FOI Act can be found. |
Mandatory |
|
17AH(1)(e) |
N/A |
Correction of material errors in previous annual report |
If applicable, mandatory |
17AH(2) |
Information required by other legislation |
Mandatory |
Requirements in section 57 of Part 6 of the ACMA Act
ACMA Act reference |
Requirement |
ACMA page reference |
57(a) |
A copy of each direction given to the ACMA under section 14 during the period |
|
57(aa) |
A report on the following matters: remuneration, and other employment-related costs and expenses, in respect of APS employees whose duties relate to the performance of the e-Safety Commissioner’s functions or the exercise of the eSafety Commissioner’s powers any other costs, expenses and other obligations incurred by the Commonwealth in connection with the performance of the eSafety Commissioner’s functions or the exercise of the eSafety Commissioner’s powers |
|
57(b), (c) |
A copy, or extract, of each instrument given to a carrier or to a carriage service provider under section 581 of the Telecommunications Act 1997 during the financial year |
|
57(d) |
A report on the number and types of complaints made under Part 26 of the Telecommunications Act 1997. A report on the investigations conducted as a result of complaints made under Part 26. The results of those investigations |
Telecommunications consumer protection compliance and enforcement outcomes |
57(e) |
A report on the operation of Part 6 of the Telecommunications Act 1997 |
Telecommunications consumer protection compliance and enforcement outcomes |
57(f) |
A report setting out statistical information relating to information or documents disclosed under Division 3 of Part 13 of the Telecommunications Act 1997 |
Requirement under section 205ZL of the BSA
BSA Act Reference |
Requirement |
ACMA page reference |
205ZL |
Reporting on information about the recipients of grants in accordance with section 46 of the Public Governance, Performance and Accountability Act 2013 |
Other information required to be included by an Act or instrument
Requirement |
Page reference |
Reporting on work health and safety under Schedule 2, Part 4 of the Work Health and Safety Act 2011 |
|
Advertising and market research reporting requirements in section 311A of the Commonwealth Electoral Act 1918 |
|
Ecologically sustainable development and environmental performance (section 516A of the Environment Protection and Biodiversity Conservation Act 1999) |
Ecologically sustainable development and environmental performance |
Appendix 16: Financial statements
For the period ended 30 June 2019.
Statement of comprehensive income
for the period ended 30 June 2019
Original Budget |
||||
NET COST OF SERVICES |
Notes |
2019 $'000 |
2018 $'000 |
2019 $'000 |
Expenses Employee benefits |
56,940 |
52,848 |
58,690 |
|
Suppliers |
32,907 |
34,275 |
31,084 |
|
Depreciation and amortisation |
11,539 |
12,139 |
10,254 |
|
Finance Costs |
42 |
- |
- |
|
Impairment loss allowance on financial instruments |
20 |
- |
- |
|
Write-down and impairment of assets |
1,560 |
804 |
- |
|
Total expenses |
103,008 |
100,066 |
100,028 |
|
Own-Source Income Own-source revenue Sale of goods and rendering of services |
32 |
90 |
900 |
|
Other revenue |
792 |
3,954 |
- |
|
Total own-source revenue |
824 |
4,044 |
900 |
|
Gains Other gains |
81 |
81 |
- |
|
Total gains |
81 |
81 |
- |
|
Total own-source income |
905 |
4,125 |
900 |
|
Net cost of services |
(102,103) |
(95,941) |
(99,128) |
|
Revenue from Government |
90,157 |
82,097 |
88,874 |
|
Deficit attributable to the Australian Government |
(11,946) |
(13,844) |
(10,254) |
|
OTHER COMPREHENSIVE INCOME Items not subject to subsequent reclassification to net cost of services Changes in asset revaluation surplus |
(385) |
- |
- |
|
Total other comprehensive loss |
(385) |
- |
- |
|
Total comprehensive loss |
(12,331) |
(13,844) |
(10,254) |
The above statement should be read in conjunction with the accompanying notes.
Budget Variances Commentary
Actual expenses were in line with the Original Budget set in May 2018, being 3% over the expenditure estimated in the 2018-19 Budget due to the additional funding provided to the ACMA through measures in the 2018-19 Portfolio Additional Estimates Statements (NSER and OeSC measures). Expenditure relating to the write-down and impairment of assets was not estimated in the Original Budget, with the actual expenditure representing the revaluation of Capalaba ($1.385m) following the Australian Government's agreement to sell the land to Redland City Council in late 2018-19.
The difference between 2018-19 revenue from Government and the Original Budget is driven by the additional funding provided through the Portfolio Additional Estimates Statements. The ACMA's other revenue is demand driven and reflects cost recovered activities including police assistance, EPIRB triangulation and satellite coordination.
Statement of financial position
for the period ended 30 June 2019
Original Budget |
||||
ASSETS |
Notes |
2019 $'000 |
2018 $'000 |
2019 $'000 |
Financial Assets Cash and cash equivalents |
3,630 |
3,100 |
1,468 |
|
Trade and other receivables |
23,887 |
24,196 |
23,759 |
|
Total financial assets |
27,517 |
27,296 |
25,227 |
|
Non-Financial Assets |
||||
Land and buildings |
13,649 |
21,009 |
21,917 |
|
Property, plant and equipment |
7,980 |
5,217 |
9,313 |
|
Intangibles |
11,174 |
14,683 |
12,896 |
|
Prepayments |
1,867 |
2,331 |
1,660 |
|
Total non-financial assets |
34,670 |
43,240 |
45,786 |
|
Assets held for sale |
4,100 |
- |
- |
|
Total assets |
66,287 |
70,536 |
71,013 |
|
LIABILITIES |
||||
Payables |
||||
Suppliers |
4,856 |
7,454 |
6,419 |
|
Other payables |
1,074 |
519 |
2,816 |
|
Total payables |
5,930 |
7,973 |
9,235 |
|
Provisions Employee provisions |
20,030 |
17,313 |
16,872 |
|
Make good provisions |
2,617 |
2,575 |
2,575 |
|
Total provisions |
22,647 |
19,888 |
19,447 |
|
Total liabilities |
28,577 |
27,861 |
28,682 |
|
Net assets |
37,710 |
42,675 |
42,331 |
|
EQUITY |
||||
Contributed equity |
121,274 |
113,826 |
122,053 |
|
Reserves |
1,600 |
1,985 |
1,984 |
|
Accumulated deficit |
(85,164) |
(73,136) |
(81,706) |
|
Total equity |
37,710 |
42,675 |
42,331 |
The above statement should be read in conjunction with the accompanying notes.
Budget Variances Commentary
While Original Budget is broadly in line with 2018-19 actual results, the underestimation of Cash and Cash Equivalents relates to the expectation in the 2018-19 Portfolio Budget Statements that the OeSC would fully utilise the available funds in the Online Safety Special Account which did not occur.
The Original Budget estimates for Suppliers and Other Payables were higher than the actual results at 30 June 2019. This was predominantly due to the difference between the timing of end of year payments and the assumptions used to develop the Original Budget estimates. The 2018-19 Employee Provisions balance was higher than the Original Budget primarily due to the significant fall in the 10 year government bond rate used to discount the employee leave provisions.
Statement of changes in equity
for the period ended 30 June 2019
Original budget |
|||
2019 $'000 |
2018 $'000 |
2019 $'000 |
|
CONTRIBUTED EQUITY/CAPITAL Opening balance Balance carried forward from previous period |
113,826 |
106,534 |
114,605 |
Adjusted opening balance |
113,826 |
106,534 |
114,605 |
Contributions by owners Equity injection - Appropriations |
535 |
50 |
535 |
Other movements |
- |
- |
- |
Departmental Capital Budget |
6,913 |
7,242 |
6,913 |
Total transactions with owners |
7,448 |
7,292 |
7,448 |
Closing balance as at 30 June |
121,274 |
113,826 |
122,053 |
RETAINED EARNINGS Opening balance Balance carried forward from previous period |
(73,136) |
(58,291) |
(71,452) |
Adjustment for errors1 |
- |
(1,000) |
- |
Other movements2 |
(82) |
(1) |
- |
Adjusted opening balance |
(73,218) |
(59,292) |
(71,452) |
Comprehensive income Deficit for the period |
(11,946) |
(13,844) |
(10,254) |
Total comprehensive income |
(11,946) |
(13,844) |
(10,254) |
Closing balance as at 30 June |
(85,164) |
(73,136) |
(81,706) |
ASSET REVALUATION RESERVE Opening balance Balance carried forward from previous period |
1,985 |
1,983 |
1,984 |
Other movements |
- |
2 |
- |
Adjusted opening balance |
1,985 |
1,985 |
1,984 |
Comprehensive income Revaluation decrement on non-financial assets |
(385) |
- |
- |
Total comprehensive income |
(385) |
- |
- |
Closing balance as at 30 June |
1,600 |
1,985 |
1,984 |
(Continued on next page) |
Original budget |
|||
2019 $'000 |
2018 $'000 |
2019 $'000 |
|
TOTAL EQUITY Opening balance Balance carried forward from previous period |
42,675 |
50,226 |
45,137 |
Adjustment for errors1 |
- |
(1,000) |
- |
Other movements2 |
(82) |
1 |
- |
Adjusted opening balance |
42,593 |
49,227 |
45,137 |
Comprehensive income Revaluation decrement on non-financial assets |
(385) |
- |
- |
Deficit for the period |
(11,946) |
(13,844) |
(10,254) |
Total comprehensive income |
(12,331) |
(13,844) |
(10,254) |
Contributions by owners Equity injection - Appropriations |
535 |
50 |
535 |
Departmental Capital Budget |
6,913 |
7,242 |
6,913 |
Total transactions with owners |
7,448 |
7,292 |
7,448 |
Closing balance as at 30 June |
37,710 |
42,675 |
42,331 |
1Relates to the adjustment of ‘Retained Earnings’ from the 2016-17 Financial Statements. See further information in the overview.
2Relates to the coding of assets to the Statement of Comprehensive Income instead of the Statement of Financial Position.
Accounting Policy
Equity Injections
Amounts appropriated which are designated as ‘equity injections’ for a year (less any formal reductions) and Departmental Capital Budgets (DCBs) are recognised directly in contributed equity in that year.
Budget Variances Commentary
The deficit reported by the ACMA in 2018-19 is higher than the Original Budget driven by the revaluation of Land held at Capalaba ($1.385m).
Statement of cashflows
for the period ended 30 June 2019
2019 |
2018 |
Original Budget 2019 |
||
Notes |
$'000 |
$'000 |
$'000 |
|
OPERATING ACTIVITIES Cash received Sale of goods and rendering of services |
29 |
75 |
900 |
|
Appropriations |
90,885 |
78,448 |
88,874 |
|
GST received |
3,962 |
2,698 |
181 |
|
Other |
1,505 |
3,265 |
- |
|
Total cash received |
96,381 |
84,486 |
89,955 |
|
Cash used Employees |
54,538 |
49,413 |
58,690 |
|
Suppliers |
39,021 |
38,567 |
31,265 |
|
Section 74 receipts transferred to the Official Public Account |
1,535 |
- |
- |
|
Total cash used |
95,094 |
87,980 |
89,955 |
|
Net cash from/(used by) operating activities |
1,287 |
(3,494) |
- |
|
INVESTING ACTIVITIES Cash used Purchase of property, plant and equipment |
4,772 |
2,662 |
- |
|
Purchase of intangibles |
4,766 |
3,330 |
7,448 |
|
Total cash used |
9,538 |
5,992 |
7,448 |
|
Net cash used by investing activities |
(9,538) |
(5,992) |
(7,448) |
|
FINANCING ACTIVITIES Cash received Equity injections |
535 |
400 |
535 |
|
Departmental Capital Budget |
8,246 |
5,600 |
6,913 |
|
Total cash received |
8,781 |
6,000 |
7,448 |
|
Net cash from financing activities |
8,781 |
6,000 |
7,448 |
|
Net increase/(decrease) in cash held |
530 |
(3,486) |
- |
|
Cash and cash equivalents at the beginning of the reporting period |
3,100 |
6,586 |
1,468 |
|
Cash and cash equivalents at the end of the reporting period |
3,630 |
3,100 |
1,468 |
The above statement should be read in conjunction with the accompanying notes.
Budget Variances Commentary
Net cash from operating activities – The increase from the Original Budget is due to the additional funding provided through the 2018-19 Portfolio Additional Estimates Statements (NSER and enhancing online safety measures).
Net cash from investing activities – The increase from the Original Budget is due to the replacement of ageing IT desktop equipment.
Administered schedule of comprehensive income
for the period ended 30 June 2019
Original Budget |
||||
2019 |
2018 |
2019 |
||
Notes |
$'000 |
$'000 |
$'000 |
|
NET COST OF SERVICES EXPENSES |
||||
Suppliers |
6,833 |
7,315 |
7,221 |
|
Grants |
2,266 |
- |
16,000 |
|
Impairment loss allowance on financial instruments |
4,689 |
5,688 |
50 |
|
Total expenses |
13,788 |
13,003 |
23,271 |
|
INCOME Revenue Taxation revenue |
||||
Other taxes |
649,628 |
488,782 |
1,103,583 |
|
Total taxation revenue |
649,628 |
488,782 |
1,103,583 |
|
Non-taxation revenue |
||||
Sale of goods and rendering of services |
5,876 |
5,226 |
5,033 |
|
Fees and fines |
31,819 |
31,828 |
38,089 |
|
Other revenue |
17,607 |
4,149 |
4,130 |
|
Total non-taxation revenue |
55,302 |
41,203 |
47,252 |
|
Total revenue |
704,930 |
529,985 |
1,150,835 |
|
Gains |
||||
Sale of assets |
115 |
3,078,143 |
2,500 |
|
Total gains |
115 |
3,078,143 |
2,500 |
|
Total income |
705,045 |
3,608,128 |
1,153,335 |
|
Net contribution by services |
691,257 |
3,595,125 |
1,130,064 |
The above schedule should be read in conjunction with the accompanying notes.
Budget Variances Commentary
Expenses – The Original Budget for Grants expected the full expenditure of the first-year funding for the Regional and Small Publishers Innovation Fund. Actual expenditure was less than the Original Budget due to a lower level of eligible and competitive applications. Additionally, there was no Original Budget set for an impairment loss on taxation receivables.
Revenues – Original Budget revenue is significantly lower than the actual result due to the delay of the Regional Broadband Scheme (RBS) - $565m. RBS legislation is now expected to be introduced to Parliament during the Spring 2019 sitting.
Administered schedule of assets and liabilities
as at 30 June 2019
Original |
||||
Restated1 |
Budget |
|||
2019 |
2018 |
2019 |
||
Notes |
$'000 |
$'000 |
$'000 |
|
ASSETS |
||||
Financial Assets |
||||
Cash and cash equivalents |
451 |
868 |
500 |
|
Taxation receivables |
103,044 |
58,945 |
615,439 |
|
Trade and other receivables |
30,199 |
31,442 |
464,760 |
|
Other financial assets |
429,845 |
848,677 |
- |
|
Total financial assets |
563,539 |
939,932 |
1,080,699 |
|
Total assets administered on behalf of Government |
563,539 |
939,932 |
1,080,699 |
|
LIABILITIES |
||||
Payables |
||||
Unearned revenue |
108,008 |
130,046 |
129,985 |
|
Other payables |
896 |
682 |
- |
|
Total payables |
108,904 |
130,728 |
129,985 |
|
Total liabilities administered on behalf of Government |
108,904 |
130,728 |
129,985 |
|
Net assets |
454,635 |
809,204 |
950,714 |
The above schedule should be read in conjunction with the accompanying notes.
1Relates to the understatement of revenue from the 700Mhz spectrum auction in 2018. See further information in the overview.
Budget Variances Commentary
The main driver for reduced taxation receivables is the delayed introduction of the RBS legislation. Additionally, Other Financial Assets includes the 700MHz spectrum sale which was previously reported as Trade and Other Receivables in the Original Budget.
Administered reconciliation schedule
for the period ended 30 June 2019
Restated1 |
||
2019 |
2018 |
|
$’000 |
$’000 |
|
Opening assets less liabilities as at 1 July |
809,204 |
(1,496,201) |
Income |
705,045 |
3,608,128 |
Expenses |
(13,788) |
(13,003) |
Transfers (to)/from Australian Government |
||
Other movements2 |
117 |
- |
Adjustment for errors1 |
- |
46,288 |
Appropriation transfers from the Official Public Account (OPA) |
16,764 |
14,090 |
Transfers to the OPA |
(808,820) |
(1,122,878) |
Transfers to the OPA (collected on behalf on another entity)3 |
(253,887) |
(227,220) |
Closing assets less liabilities as at 30 June |
454,635 |
809,204 |
1Relates to the understatement of revenue from the 700Mhz spectrum auction in 2018. See further information in the overview.
2Relates to the coding of liabilities to the Administered Schedule of Comprehensive Income instead of the Administered Schedule of Assets and Liabilities.
3Relates to the collection of the Telecommunications Industry Levy collected on behalf of the Department of Communications and Arts Public Interest Telecommunications Services Special Account.
Accounting Policy
Administered Cash Transfers to and from the Official Public Account
Revenue collected by the ACMA for use by the Australian Government rather than the ACMA is Administered revenue. Collections are transferred to the OPA maintained by the Department of Finance. Conversely, cash is drawn from the OPA to make payments under Parliamentary appropriation on behalf of the Australian Government. These transfers to and from the OPA are adjustments to the Administered cash held by the ACMA on behalf of the Australian Government and reported as such in the Administered Cash Flow Statement and in the Administered Reconciliation Schedule.
Administered cash flow statement
for the period ended June 2019
2019 |
2018 |
||
Notes |
$’000 |
$’000 |
|
OPERATING ACTIVITIES |
|||
Cash received |
|||
Sale of goods and rendering of services |
5,082 |
5,100 |
|
Taxes |
580,315 |
476,965 |
|
Fees |
31,751 |
32,702 |
|
Fines |
560 |
72 |
|
Other |
4,154 |
3,127 |
|
Total cash received |
621,862 |
517,966 |
|
Cash used |
|||
Grants |
2,266 |
- |
|
Suppliers |
6,510 |
7,546 |
|
Total cash used |
8,776 |
7,546 |
|
Net cash from operating activities |
613,086 |
510,420 |
|
INVESTING ACTIVITIES |
|||
Cash received |
|||
Revenue from sales of intangibles |
432,440 |
825,954 |
|
Total cash received |
432,440 |
825,954 |
|
Net cash from investing activities |
432,440 |
825,954 |
|
Net increase in cash held |
1,045,526 |
1,336,374 |
|
Cash and cash equivalents at the beginning of the reporting period |
868 |
502 |
|
Cash from the Official Public Account |
|||
Appropriations |
16,764 |
14,090 |
|
Total cash from the Official Public Account |
16,764 |
14,090 |
|
Cash to the Official Public Account |
|||
Administered revenue |
(808,820) |
(1,122,878) |
|
Transfer to other entities (collected on behalf of another entity) |
(253,887) |
(227,220) |
|
Total cash to the Official Public Account |
(1,062,707) |
(1,350,098) |
|
Cash and cash equivalents at the end of the reporting period |
451 |
868 |
Notes to and forming part of the financial statements
1.1 Expenses
1.2 Own-Source Revenue and Gains
2. Income and expenses administered on behalf of government
2.1 Administered – Expenses
2.2 Administered – Income
3.1 Financial Assets
3.2 Non-Financial Assets
3.3 Payables
3.4 Other Provisions
4. Assets and liabilities administered on behalf of government
4.1 Administered – Financial Assets
4.2 Administered – Payables
5.1 Appropriations
5.2 Special Accounts
5.3 Regulatory Charging Summary
5.4 Net Cash Appropriation Arrangement
6.1 Employee Provisions
6.2 Key Management Personnel Remuneration
6.3 Related Party Disclosures
7.1 Contingent Assets and Liabilities
7.2 Financial Instruments
7.3 Administered Financial Instruments
7.4 Fair Value Measurement
8.1 Aggregate Assets and Liabilities
Overview
Basis of Preparation
The financial statements are general purpose financial statements and are required by section 42 of the Public Governance, Performance and Accountability Act 2013.
The financial statements have been prepared in accordance with the:
- Public Governance, Performance and Accountability (Financial Reporting) Rule 2015 (FRR); and
- Australian Accounting Standards and Interpretations – Reduced Disclosure Requirements issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period.
The financial statements have been prepared on an accrual basis and in accordance with the historical cost convention, except where certain assets and liabilities are recorded at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position. The financial statements are presented in Australian dollars and are rounded to the nearest thousand dollars unless otherwise specified.
Reporting of Administered activities
Administered revenues, expenses, assets, liabilities and cash flows are disclosed in the Administered schedules and related notes.
Except where stated below, Administered items are accounted for on the same basis and using the same policies as for departmental items, including the application of Australian Accounting Standards.
Taxation
The ACMA is exempt from all forms of taxation except Fringe Benefits Tax (FBT) and the Goods and Services Tax (GST).
New Australian Accounting Standards
No accounting standard has been adopted earlier than the application date as stated in the standard.
Other new standards, revised standards, interpretations and amending standards that were issued prior to the sign-off date, and are applicable to the current reporting period, did not have a material financial impact, and are not expected to have a future material financial impact on the ACMA.
Prior year adjustments
Departmental
During the 2018-19 financial year, it was identified that the 2016-17 financial statements included an overstatement of ‘Revenue from Government’ by $1.000m. This consequentially caused an equivalent overstatement in both ‘Other receivables’ and ‘Retained earnings’. Following the requirements under AASB 108 Accounting Policies, Changes in Accounting Estimates and Errors, the 2017-18 comparatives for ‘Other receivables’ and ‘Retained earnings’ have been amended. The ACMA does not consider this adjustment to be material to the 2018-19 financial statements.
Administered
It was identified in the 2018-19 financial year that the 2017-18 financial statements included an understatement of ‘Gains from Sale of Assets’ by $46.288m. This consequentially caused an equivalent understatement in both ‘Other financial assets’ and ‘Retained earnings’. Under AASB 108 Accounting Policies, Changes in Accounting Estimates and Errors, the 2017-18 balances for ‘Other financial assets’ and ‘Retained earnings’ have been restated. The error arose in the recognition of revenue in 2017-18 from the auction of 700MHz spectrum, which gave an option to the winning bidders to pay an upfront winning price or a delayed winning price under the Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016. The winning bidders elected to pay the delayed winning price, however the ACMA recognised the upfront winning price in the 2017-18 financial statements.
Significant Accounting Judgements and Estimates
In the process of applying the accounting policies listed in this note, the ACMA has made a judgement for the provision for long service leave which has been estimated using present value techniques, which take into account attrition rates and pay increases through promotion and inflation.
No other accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next reporting period.
Events after the reporting period Departmental
There are no known events occurring after the reporting period that could impact on the financial statements.
Administered
There are no known events occurring after the reporting period that could impact on the financial statements.
1. Financial performance
This section analyses the financial performance of the ACMA for the year ended 30 June 2019.
1.1 Expenses
Note 1.1A: Employee Benefits |
2019 $'000 |
2018 $'000 |
Wages and salaries |
39,012 |
37,937 |
Superannuation Defined contribution plans |
4,147 |
3,320 |
Defined benefit plans |
4,021 |
4,036 |
Leave and other entitlements |
9,233 |
6,907 |
Separation and redundancies |
527 |
648 |
Total employee benefits |
56,940 |
52,848 |
Accounting Policy
For accounting policies on employee related expenses please refer to Section 6, People and Relationships.
Note 1.1B: Suppliers |
||
Goods and services supplied or rendered |
||
Contractors |
7,110 |
6,318 |
I.T. and communications services |
6,936 |
6,473 |
Outsourced services |
5,222 |
6,014 |
Consultants |
2,416 |
1,976 |
Travel costs |
2,101 |
2,068 |
Occupancy costs |
1,613 |
2,088 |
Other |
1,191 |
2,345 |
Stationery and publications |
551 |
562 |
Legal costs |
246 |
112 |
Total goods and services supplied or rendered |
27,386 |
27,956 |
Goods supplied |
571 |
781 |
Services rendered |
26,815 |
27,175 |
Total goods and services supplied or rendered |
27,386 |
27,956 |
Other suppliers Operating lease rentals |
5,126 |
5,985 |
Workers compensation expenses |
395 |
334 |
Total other suppliers |
5,521 |
6,319 |
Total suppliers |
32,907 |
34,275 |
Commitments for minimum lease payments in relation to non-cancellable operating leases are payable as follows: Within 1 year |
6,428 |
6,196 |
Between 1 to 5 years |
16,693 |
21,677 |
More than 5 years |
- |
1,444 |
Total operating lease commitments |
23,121 |
29,317 |
Leasing commitments
Office lease payments are subject to annual increases, generally in accordance with upward movements of the Consumer Price Index increased by a fixed rate. All office accommodation leases are current. A number of leases allow for extensions, the longest option providing for two five year extensions at the ACMA’s discretion. On renewal, each lease allows for a market review to set the net rental base.
Accommodation lease |
Minimum end date period |
Brisbane |
March 2021 |
Canberra |
August 2023 |
Melbourne |
December 2023 |
Lucas Heights |
December 2018 |
Sydney |
February 2021 |
Accounting Policy
Operating lease payments are expensed on a straight-line basis which is representative of the pattern of benefits derived from the leased assets.
Note 1.1C: Finance Costs |
2019 $'000 |
2018 $'000 |
Unwinding of discount |
42 |
- |
Total finance costs |
42 |
- |
Note 1.1D: Impairment Loss Allowance on Financial Instruments Impairment of financial instruments |
20 |
- |
Total impairment loss allowance on financial instruments |
20 |
- |
Note 1.1E: Write-Down and Impairment of Other Assets Write-down of property, plant and equipment |
3 |
49 |
Write-down of land |
1,385 |
- |
Impairment of intangible assets |
172 |
755 |
Total write-down and impairment of assets |
1,560 |
804 |
1.2 Own-Source Revenue and Gains
Own-Source Revenue |
2019 $'000 |
2018 $'000 |
Note 1.2A: Sale of Goods and Rendering of Services Sale of goods |
32 |
7 |
Rendering of services |
- |
83 |
Total sale of goods and rendering of services |
32 |
90 |
Note 1.2B: Other Revenue Number allocation charges |
- |
1 |
Other1 |
792 |
3,953 |
Total other revenue |
792 |
3,954 |
1Other revenue consists of cost recovery income received for work completed for satellite co-ordination charges collected by the ACMA, EPIRB triangulation and police investigation assistance.
Accounting Policy
Revenue
Revenue from the sale of goods is recognised when: the risks and rewards of ownership have been transferred to the buyer; the ACMA retains no managerial involvement or effective control over the goods, the revenue and transaction costs incurred can be reliably measured and it is probable that the economic benefits associated with the transaction will flow to the ACMA.
The stage of completion of contracts at the reporting date is determined by reference to the proportion of costs incurred to date compared to the estimated total costs of the transaction.
Gains |
||
Note 1.2C: Other Gains Resources received free of charge |
81 |
81 |
Total other gains |
81 |
81 |
Accounting Policy
Resources Received Free of Charge
Resources received free of charge are recognised as revenue when, and only when, a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources are recognised as an expense. Resources received free of charge are recorded as either revenue or gains depending on their nature. The value of income represents the services provided free of charge by the Australian National Audit Office.
Contributions of assets at no cost of acquisition or for a nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another Government agency or authority as a consequence of a restructuring of administrative arrangements.
2. Income and expenses administered on behalf of government
This section analyses the activities that the ACMA does not control but administers on behalf of the Government.
Unless otherwise noted, the accounting policies adopted are consistent with those applied for departmental reporting.
2.1 Administered – Expenses
2019 |
2018 |
|
$'000 |
$'000 |
|
Note 2.1A: Suppliers |
||
Goods and services supplied or rendered |
||
Contractors |
5,228 |
4,784 |
I.T. and communications services |
1,014 |
1,013 |
Consultants |
396 |
1,229 |
Travel |
100 |
72 |
Other |
95 |
217 |
Total goods and services supplied or rendered |
6,833 |
7,315 |
Goods supplied |
14 |
9 |
Services rendered |
6,819 |
7,306 |
Total goods and services supplied or rendered |
6,833 |
7,315 |
Note 2.1B: Grants |
||
Private sector |
||
Not-for-profit organisations |
2,266 |
- |
Total grants |
2,266 |
- |
Note 2.1C: Impairment Loss Allowance on Financial Instruments |
||
Asset write-downs and impairments |
4,689 |
5,688 |
Total impairment loss allowance on financial instruments |
4,689 |
5,688 |
Accounting Policy
Grants
The ACMA administers a number of grants on behalf of the Australian Government. Grant liabilities are recognised to the extent that (i) the services required to be performed by the grantee have been performed; or
(ii) the grant eligibility criteria have been satisfied, but payments due have not been made. Where grant monies are paid in advance of performance or eligibility, a prepayment is recognised.
2.2 Administered – Income
2019 |
2018 |
|
$’000 |
$’000 |
|
Taxation Revenue |
||
Note 2.2A: Other Taxes |
||
Broadcasting licence charges |
104,595 |
- |
Radio communications taxes |
231,146 |
201,566 |
Telecommunication numbering charges |
60,000 |
60,000 |
Industry contributions |
253,887 |
227,216 |
Total other taxes |
649,628 |
488,782 |
Non-Taxation Revenue |
||
Note 2.2B: Sale of Goods and Rendering of Services |
||
Sale of goods |
5,876 |
5,226 |
Total sale of goods and rendering of services |
5,876 |
5,226 |
Note 2.2C: Fees and Fines |
||
Licence fees |
31,259 |
31,756 |
Fines and penalties |
560 |
72 |
Total fees and fines |
31,819 |
31,828 |
Note 2.2D: Other Revenue |
||
Other |
4,118 |
4,149 |
Unwinding of discount1 |
13,489 |
- |
Total other revenue |
17,607 |
4,149 |
Gains |
||
Note 2.2E: Gains from Sale of Assets |
||
Proceeds from sale2 |
115 |
3,078,143 |
Total gains from sale of assets |
115 |
3,078,143 |
1Unwinding of discount relates to the application of the effective interest method to Accrued Revenue from the 700MHz spectrum auction. Refer to Note 4.1D for further details.
2The prior year balance represents the revenue from the sale of 3.4Ghz spectrum.
Accounting Policy
Revenue
All Administered revenues relate to the ordinary activities performed by the ACMA on behalf of the Australian Government. Contributions from industries in the form of taxes, industry levies and fines are recognised as revenue when the economic activity giving rise to the Australian Government's right to the contribution has taken place and the liability to contribution can be reliably measured.
3. Financial position
This section analyses the ACMA’s assets used to conduct is operations and the operating liabilities incurred as a result. Employee related information is disclosed in the People and Relationships section.
3.1 Financial Assets
2019 $'000 |
2018 $'000 |
|
Note 3.1A: Cash and Cash Equivalents |
||
Cash on hand or on deposit |
3,575 |
3,033 |
Cash held for external parties |
55 |
67 |
Total cash and cash equivalents |
3,630 |
3,100 |
Note 3.1B: Trade and Other Receivables |
||
Appropriations receivables For existing outputs |
22,483 |
23,008 |
Total appropriations receivable |
22,483 |
23,008 |
Other receivables GST receivable from the Australian Taxation Office |
708 |
582 |
Other1 |
716 |
606 |
Total other receivables |
1,424 |
1,188 |
Total trade and other receivables (gross) |
23,907 |
24,196 |
Less impairment loss allowance |
20 |
- |
Total trade and other receivables (net) |
23,887 |
24,196 |
1The 2018 balance has reduced from $1.606m in the 2017-18 financial statements. This relates to the adjustment of ‘Retained Earnings’ from the 2016-17 financial statements. See the overview for further information.
Credit terms for other receivables were within 30 days (2018: 30 days).
Accounting Policy
Financial assets
Trade receivables, loans and other receivables that are held for the purpose of collecting the contractual cash flows where the cash flows are solely payments of principal and interest, that are not provided at below-market interest rates, are subsequently measured at amortised cost using the effective interest method adjusted for any loss allowance.
3.2 Non-Financial Assets
Note 3.2A: Reconciliation of the Opening and Closing Balances of Property, Plant and Equipment and Intangibles for 2019
Land |
Buildings |
Leasehold improvements |
Other property, plant & equipment |
Computer software internally developed |
Computer software purchased |
Total |
|
$'000 |
$'000 |
$'000 |
$'000 |
$'000 |
$'000 |
$'000 |
|
As at 1 July 2018 |
|||||||
Gross book value |
- |
- |
- |
- |
56,022 |
11,888 |
67,910 |
Fair value |
7,250 |
194 |
15,252 |
6,781 |
- |
- |
29,477 |
Work in progress (WIP) |
- |
- |
- |
894 |
1,129 |
- |
2,023 |
Accumulated depreciation and amortisation |
- |
(17) |
(1,670) |
(2,458) |
(43,990) |
(10,366) |
(58,501) |
Total as at 1 July 2018 |
7,250 |
177 |
13,582 |
5,217 |
13,161 |
1,522 |
40,909 |
Additions |
|||||||
By purchase |
- |
- |
276 |
3,783 |
1,658 |
1,217 |
6,934 |
Movement in WIP |
- |
- |
- |
713 |
1,891 |
- |
2,604 |
Revaluations and impairments recognised in other |
|||||||
comprehensive income |
(385) |
- |
- |
- |
- |
- |
(385) |
Assets held for sale1 |
4,100 |
- |
- |
- |
- |
- |
4,100 |
Depreciation and amortisation |
- |
(17) |
(1,749) |
(1,670) |
(7,276) |
(827) |
(11,539) |
Reclassification |
(4,100) |
- |
- |
- |
- |
- |
(4,100) |
Impairments recognised in net cost of services |
(1,385) |
- |
- |
(3) |
(172) |
- |
(1,560) |
Other movements |
- |
- |
- |
(60) |
- |
- |
(60) |
Total as at 30 June 2019 |
5,480 |
160 |
12,109 |
7,980 |
9,262 |
1,912 |
36,903 |
Total as at 30 June 2019 represented by: |
|||||||
Gross book value |
- |
- |
- |
- |
57,508 |
13,105 |
70,613 |
Fair value |
5,480 |
194 |
15,528 |
10,500 |
- |
- |
31,702 |
Work in progress |
- |
- |
- |
1,607 |
3,020 |
- |
4,627 |
Accumulated depreciation and amortisation |
- |
(34) |
(3,419) |
(4,127) |
(51,266) |
(11,193) |
(70,039) |
Total as at 30 June 2019 |
5,480 |
160 |
12,109 |
7,980 |
9,262 |
1,912 |
36,903 |
1Land at Capalaba is held for sale at 30 June 2019 valued at $4.1m. A Heads of Agreement has been signed with Redland City Council for the sale of the land with settlement expected to occur in 2019-20.
Revaluation of non-financial assets
Land at Capalaba was revalued prior to being held for sale in accordance with AASB 5 Non-current Assets Held for Sale and Discontinued Operations.
Contractual commitments for the acquisition of property, plant, equipment and intangible assets
The ACMA has no commitments for the acquisition of non-financial assets.
Accounting Policy
Acquisition of Assets
Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate. Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and income at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transferor's accounts immediately prior to the restructuring.
Asset Recognition Threshold
Purchases of property, plant and equipment are recognised initially at cost in the Statement of Financial Position, except for purchases costing less than $5,000, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). The asset thresholds have not been changed during the current financial year. The initial cost of an asset includes an estimate of the cost of dismantling and removing the item and restoring the site on which it is located. This is particularly relevant to ‘make good’ provisions in property leases taken up by the ACMA where there exists an obligation to restore the property to its original condition. These costs are included in the value of the ACMA’s leasehold improvements with a corresponding provision for the ‘make good’ recognised.
Asset Class |
Threshold |
Buildings |
$50,000 |
Leasehold improvements |
$10,000 |
Plant and equipment |
$5,000 |
Motor vehicles |
$10,000 |
Software – purchased |
$10,000 |
Software – internally developed |
$10,000 |
Revaluations
Fair values for each class of asset are determined:
Asset class |
Revaluation cycle |
Fair Value Measured at |
Land |
Tri-annually |
Market approach |
Building |
Tri-annually |
Depreciated replacement cost |
Leasehold improvements |
Tri-annually |
Depreciated replacement cost |
Plant and equipment |
Tri-annually |
Market approach |
Motor vehicles |
Tri-annually |
Market approach |
Following initial recognition at cost, property plant and equipment is carried at fair value less subsequent accumulated depreciation and accumulated impairment losses. Valuations are conducted with sufficient frequency to ensure that the carrying amounts of assets do not differ materially from the assets’ fair values as at the reporting date.
Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve, except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised in the surplus/(deficit). Revaluation decrements for a class of assets are recognised directly in the surplus/(deficit) except to the extent that they reverse a previous revaluation increment for that class. Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount.
Depreciation
Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the ACMA using, in all cases, the straight-line method of depreciation. Depreciation rates (useful lives), residual values and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate.
Asset Class |
Useful Life |
Buildings |
5 to 40 years |
Leasehold improvements |
Lease term |
Plant and equipment |
3 to 15 years |
Impairment
All assets were assessed for impairment at 30 June 2019. Where indications of impairment exist, the asset’s recoverable amount is estimated and an impairment adjustment made if the asset’s recoverable amount is less than its carrying amount. The recoverable amount of an asset is the higher of its fair value less costs of disposal and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate future cash flows, and the asset would be replaced if the ACMA were deprived of the asset, its value in use is taken to be its depreciated replacement cost.
Intangibles
The ACMA’s intangibles comprise of internally developed and purchased software for internal use. These assets are carried at cost less accumulated amortisation and accumulated impairment losses. Software is amortised on a straight-line basis over its anticipated useful life. The useful lives of the ACMA’s software are 3 to 10 years, and have not changed from the prior year.
Derecognition
An item of property, plant and equipment is derecognised upon disposal or when no further future economic benefits are expected from its use or disposal.
3.3 Payables
Note 3.3A: Suppliers |
2019 $'000 |
2018 $'000 |
Trade creditors and accruals |
2,774 |
4,377 |
Operating lease rentals |
2,082 |
3,077 |
Total supplier payables |
4,856 |
7,454 |
The majority of suppliers engaged had 30 day payment terms. |
||
Note 3.3B: Other Payables Unearned revenue |
634 |
- |
Salaries and wages |
365 |
381 |
Superannuation |
64 |
60 |
Separations and redundancies |
- |
67 |
Other |
11 |
11 |
Total other payables |
1,074 |
519 |
3.4 Other Provisions
Reconciliation of the Other Provisions Account: |
Provision for restoration $’000 |
Total $’000 |
As at 1 July 2018 |
2,575 |
2,575 |
Amounts reversed |
- |
- |
Amounts used |
- |
- |
Other movements |
42 |
42 |
Total as at 30 June 2019 |
2,617 |
2,617 |
As indicated on the Schedule of Commitments, the ACMA currently has 5 major agreements for the leasing of premises which have provisions requiring the ACMA to restore the premises to their original condition at the conclusion of the lease (2018: 5).
4. Assets and liabilities administered on behalf of government
This section analyses assets used to conduct operations and the operating liabilities incurred as a result the ACMA does not control but administers on behalf of the Government. Unless otherwise noted, the accounting policies adopted are consistent with those applied for departmental reporting.
4.1 Administered – Financial Assets
2019 $'000 |
2018 $'000 |
|
Note 4.1A: Cash and Cash Equivalents |
||
Cash in special accounts |
86 |
40 |
Cash on hand or on deposit |
365 |
828 |
Total cash and cash equivalents |
451 |
868 |
Note 4.1B: Taxation Receivables |
||
Other taxes |
113,125 |
65,164 |
Total taxation receivables (gross) |
113,125 |
65,164 |
Less: impairment loss allowance |
||
Other taxes |
10,081 |
6,219 |
Total receivables (net) |
103,044 |
58,945 |
Note 4.1C: Trade and Other Receivables |
||
Other receivables |
||
Annual Carrier Licence Charge |
31,184 |
31,678 |
Statutory receivables |
92 |
48 |
Total other receivables |
31,276 |
31,726 |
Total trade and other receivables (gross) |
31,276 |
31,726 |
Less: impairment loss allowance |
||
Other receivables |
1,077 |
284 |
Total trade and other receivables (net) |
30,199 |
31,442 |
Credit terms for other receivables were within 30 days (2018: 30 days). |
||
Note 4.1D: Other Financial Assets |
||
Prepayments |
8 |
- |
Accrued revenue1, 2 |
429,837 |
848,677 |
Total other financial assets |
429,845 |
848,677 |
1Accrued revenue represents the remaining instalment relating to the sale of 700MHz spectrum in 2017-18. This instalment for the 700MHz auction is payable in 2019-20.
2Accrued revenue for 2018 was understated by $46.288m relating to the understatement of revenue from the 700Mhz spectrum auction. See further information in the overview.
4.2 Administered – Payables
2019 |
2018 |
|
$'000 |
$'000 |
|
Note 4.2A: Other Payables |
||
Unearned revenue1 |
108,008 |
130,046 |
Other |
896 |
682 |
Total other payables |
108,904 |
130,728 |
1Unearned revenue represents radiocommunication licences paid in advance where the benefit has not yet been realised by the holder.
5. Funding
This section identifies the ACMA’s funding structure.
5.1 Appropriations
Note 5.1A: Departmental annual and unspent appropriations ('Recoverable GST exclusive') |
2019 $’000 |
2018 $’000 |
Ordinary annual services |
||
Annual Appropriation |
||
Operating |
90,157 |
82,097 |
Capital budget |
6,913 |
7,242 |
Section 74 receipts |
1,535 |
- |
Total available appropriation |
98,605 |
89,339 |
Appropriation applied (current and prior years) |
(98,601) |
(89,779) |
Variance |
4 |
(440) |
Opening unspent appropriation balance |
26,392 |
26,832 |
Repeal of Appropriation Act (No. 1) 2015-16 |
(284) |
- |
Closing unspent appropriation balance |
26,112 |
26,392 |
Balance comprises appropriations as follows1: |
||
Appropriation Act (No. 1) 2015-16 |
- |
34 |
Appropriation Act (No. 1) 2015-16 Capital Budget (DCB) |
- |
250 |
Supply Act (No. 1) 2016-17 Capital Budget (DCB) |
- |
1,937 |
Appropriation Act (No. 1) 2017-18 Capital Budget (DCB) |
933 |
7,142 |
Appropriation Act (No. 1) 2017-18 |
- |
12,852 |
Appropriation Act (No. 3) 2017-18 |
- |
1,077 |
Appropriation Act (No. 1) 2017-18 cash held by the agency |
- |
3,100 |
Appropriation Act (No. 1) 2018-19 Capital Budget (DCB) |
6,813 |
- |
Appropriation Act (No. 1) 2018-19 |
13,981 |
- |
Appropriation Act (No. 3) 2018-19 |
755 |
- |
Appropriation Act (No. 1) 2018-19 cash held by the agency |
3,630 |
- |
Total unspent appropriation - ordinary annual services |
26,112 |
26,392 |
Other services |
||
Annual Appropriation |
||
Equity injections |
535 |
50 |
Total available appropriation |
535 |
50 |
Appropriation applied (current and prior years) |
(535) |
(400) |
Variance |
- |
(350) |
Opening unspent appropriation balance |
- |
350 |
Closing unspent appropriation balance |
- |
- |
Total unspent appropriation |
26,112 |
26,392 |
1Departmental Capital Budgets are appropriated through Appropriation Acts (No.1, 3). They form part of ordinary annual services and are not separately identified in the Appropriation Acts.
Accounting Policy
Revenue from Government - Departmental
Amounts appropriated for departmental appropriations for the year (adjusted for any formal additions and reductions) are recognised as Revenue from Government when the ACMA gains control of the appropriation, except for certain amounts that relate to activities that are reciprocal in nature, in which case revenue is recognised only when it has been earned.
Appropriations receivable are recognised at their nominal amounts.
Note 5.1B: Administered annual and unspent appropriations ('Recoverable GST exclusive') |
||
2019 $'000 |
2018 $'000 |
|
Ordinary annual services |
||
Annual appropriation |
||
Operating |
22,921 |
8,156 |
Total available appropriation |
22,921 |
8,156 |
Appropriation applied (current and prior years) |
(8,983) |
(6,984) |
Variance |
13,938 |
1,172 |
Opening unspent appropriation balance |
2,400 |
1,228 |
Closing unspent appropriation balance |
16,338 |
2,400 |
Balance comprises appropriations as follows1: |
||
Appropriation Act (No. 3) 2016-17 |
1,011 |
1,011 |
Appropriation Act (No. 3) 2017-18 |
921 |
1,389 |
Appropriation Act (No. 1) 2018-19 |
14,406 |
- |
Total unspent appropriation - ordinary annual services |
16,338 |
2,400 |
Total unspent appropriation |
16,338 |
2,400 |
1The total unspent appropriation is shown inclusive of Section 51 permanent quarantines against Appropriation Act (No. 3) 2016-17 of $1.011m and Appropriation Act (No. 3) 2017-18 of $0.921m.
Note 5.1C: Special Appropriations ('Recoverable GST exclusive')
Appropriation applied |
|||
2019 |
2018 |
||
Authority |
Type |
$'000 |
$'000 |
Public Governance, Performance and Accountability Act 2013 s77 Repayments2 |
Refund |
6,977 |
6,700 |
Total special appropriations applied |
6,977 |
6,700 |
2Relates to the refund of radiocommunications licences surrendered before the expiration date.
5.2 Special Accounts
Note 5.2A: Special Accounts ('Recoverable GST exclusive' |
2019 $'000 |
2018* $'000 |
2019 $'000 |
2018 $'000 |
Balance brought forward from previous period* |
2,009 |
5,448 |
40 |
195 |
Increases |
15,841 |
11,304 |
77 |
- |
Total increases |
17,850 |
16,752 |
117 |
195 |
Available for payments |
17,850 |
16,752 |
117 |
195 |
Decreases Departmental |
(15,724) |
(14,743) |
- |
- |
Total departmental |
(15,724) |
(14,743) |
- |
- |
Administered |
- |
- |
(31) |
(155) |
Total administered |
- |
- |
(31) |
(155) |
Total decreases |
(15,724) |
(14,743) |
(31) |
(155) |
Total balance carried to the next period |
2,126 |
2,009 |
86 |
40 |
Balance represented by: Cash held in entity bank accounts |
51 |
56 |
- |
- |
Cash held in the Official Public Account |
2,075 |
1,953 |
86 |
40 |
Total balance carried to the next period |
2,126 |
2,009 |
86 |
40 |
*2018 balances have been amended for the Online Safety Special Account to reflect the actual opening balance in 2019.
1Appropriation: Public Governance, Performance and Accountability Act 2013; section 80.
Establishing Instrument: Enhancing Online Safety Act 2015; section 72.
Purpose: To enhance online safety for Australians.
2Appropriation: Financial Management and Accountability Act 1997; section 20.
Establishing Instrument: FMA Act (Establishment of SOETM Special Account – ACMA) Determination 2012/03 . Purpose: This account was created to disburse amounts held on trust or otherwise for the benefit of a person other than the Commonwealth.
5.3 Regulatory Charging Summary
2019 $'000 |
2018 $'000 |
|
Amounts applied |
||
Departmental Annual appropriations |
19,467 |
20,559 |
Own source revenue |
432 |
314 |
Administered Special appropriations |
- |
300 |
Total amounts applied |
19,899 |
21,173 |
Expenses |
||
Departmental |
19,986 |
20,973 |
Administered |
- |
86 |
Total expenses |
19,986 |
21,059 |
External revenue Departmental |
432 |
314 |
Administered |
38,351 |
38,801 |
Total external revenue |
38,783 |
39,115 |
Cost Recovered Activities:
The Administered revenue includes the Annual Carrier Licence Charge (2019 - $31.18m; 2018 - $31.67m) which is based on the cost of services provided by the ACMA, ACCC and the Department of Communications and the Arts. The ACMA is responsible for invoicing and collecting the charges from the telecommunications carriers on behalf of other participating Government organisations.
The administered revenue also included the money received on behalf of the Postal Industry Ombudsman (PIO) for investigation of complaints (2019 - $1.08m; 2018 - $0.56m). The ACMA is only responsible for invoicing and collecting the charges on behalf of the PIO.
5.4 Net Cash Appropriation Arrangement
2019 |
2018 |
|
$'000 |
$'000 |
|
Total comprehensive income loss less depreciation/amortisation expenses previously funded through revenue appropriations |
(792) |
(1,705) |
Plus: depreciation/amortisation expenses previously funded through revenue appropriation |
(11,539) |
(12,139) |
Total comprehensive loss - as per the Statement of Comprehensive Income |
(12,331) |
(13,844) |
6. People and relationships
This section describes a range of employment and post-employment benefits provided to our people and our relationships with other key people.
6.1 Employee Provisions
Note 6.1A: Employee Provisions |
2019 $'000 |
2018 $'000 |
Leave |
20,030 |
17,313 |
Total employee provisions |
20,030 |
17,313 |
Accounting Policy
Liabilities for ‘short-term employee benefits’ and termination benefits due within twelve months of the end of reporting period are measured at their nominal amounts.
The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.
Other long-term employee benefits are measured as the net total of the present value of the defined benefit obligation at the end of the reporting period minus the fair value at the end of the reporting period of plan assets (if any) out of which the obligations are to be settled directly.
Leave
The liability for employee benefits includes a provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the ACMA is estimated to be less than the annual entitlement for sick leave.
The leave liabilities are calculated on the basis of employees’ remuneration at the estimated salary rates that will be applied at the time the leave is taken, including the ACMA’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination.
The liability for long service leave has been determined by reference to the short hand method prescribed under section 24 of the Financial Reporting Rule. The estimate of the present value of the liability takes into account attrition rates and pay increases through promotion and inflation.
Separation and Redundancy
Provision is made for separation and redundancy benefit payments. The ACMA recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the termination.
Superannuation
ACMA staff are members of the Commonwealth Superannuation Scheme (CSS), the Public Sector Superannuation Scheme (PSS) or the PSS accumulation plan (PSSap) or other superannuation funds held outside the Australian Government.
The CSS and PSS are defined benefit schemes for the Australian Government. The PSSap is a defined contribution scheme.
The liability for defined benefits is recognised in the financial statements of the Australian Government and is settled by the Australian Government in due course. This liability is reported in the Department of Finance’s administered schedules and notes.
The ACMA makes employer contributions to the employees' superannuation scheme at rates determined by an actuary to be sufficient to meet the current cost to the Australian Government. The ACMA accounts for the contributions as if they were contributions to defined contribution plans. The liability for superannuation recognised as at 30 June represents outstanding contributions.
6.2 Key Management Personnel Remuneration
Key Management Personnel are those persons having authority and responsibility for planning, directing and controlling the activities of the entity, directly or indirectly. The ACMA has determined the Key Management Personnel to be the Chair, Deputy Chair, General Managers and the eSafety Commissioner.
Key Management Personnel remuneration is reported in the table below:
2019 $ |
2018 $ |
|
Short-term employee benefits |
2,360,890 |
2,261,014 |
Post-employment benefits |
331,312 |
339,602 |
Other long-term employee benefits |
63,566 |
52,254 |
Termination benefits |
- |
- |
Total key management personnel remuneration expenses1 |
2,755,768 |
2,652,870 |
The total number of Key Management Personnel that are included in the above table is 10 (2018: 9).
The 2017-18 comparatives have been amended following a review of the composition of the ACMA's Key Management Personnel under the definition provided in AASB 124 Related Parties. Additionally, a review of the 2017-18 comparative balances was undertaken, which resulted in adjustments for amounts previously reported in this note for leave taken and paid out.
1The above Key Management Personnel remuneration excludes the remuneration and other benefits of the Portfolio Minister. The Portfolio Minister's remuneration and other benefits are set by the Remuneration Tribunal and are not paid by the ACMA.
6.3 Related Party Disclosures
Related party relationships:
The ACMA is an Australian Government controlled entity. Related parties to the ACMA are Key Management Personnel including the Portfolio Minister, the Chair, the Deputy Chair, General Managers, the eSafety Commissioner and other Australian Government entities.
Transactions with related parties:
Given the breadth of Australian Government activities, related parties may transact with the Government sector in the same capacity as ordinary citizens. Such transactions include the payment or refund of taxes, receipt of a Medicare rebate or higher education loans. These transactions have not been separately disclosed in this note.
Significant transactions with related parties can include:
- the payments of grants or loans;
- purchases of goods and services;
- asset purchases, sales transfers or leases;
- debts forgiven; and
- guarantees.
Giving consideration to relationships with related entities, and transactions entered into during the reporting period by the ACMA, it has been determined that there are no related party transactions to be separately disclosed (2018: nil).
7. Managing uncertainties
This section analyses how the ACMA manages financial risks within its operating environment.
7.1 Contingement Assets and Liabilities
Departmental
The ACMA is not aware of any Departmental quantifiable, unquantifiable or significant remote contingent assets or liabilities (2018: nil).
Administered
The ACMA is not aware of any material Administered quantifiable, unquantifiable or significant remote contingent assets or liabilities (2018: nil).
Accounting Policy
Contingent Liabilities and Contingent Assets
Contingent liabilities and contingent assets are not recognised in the Statement of Financial Position but are reported in the relevant notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote.
7.2 Financial Instruments
Note 7.2A: Categories of Financial Instruments |
2019 $'000 |
2018 $'000 |
Financial assets under AASB 139 Loans and receivables Cash and cash equivalents |
3,100 |
|
Trade and other receivables |
606 |
|
Total loans and receivables |
3,706 |
|
Financial assets under AASB 9 Financial assets at amortised cost Cash and cash equivalents |
3,630 |
|
Trade and other receivables |
716 |
|
Total financial assets at amortised cost |
4,346 |
|
Total financial assets |
4,346 |
3,706 |
Financial liabilities at amortised cost Trade creditors and accruals |
2,774 |
4,377 |
Total financial liabilities at amortised cost |
2,774 |
4,377 |
Carrying amount of financial liabilities |
2,774 |
4,377 |
Classification of financial assets on the date of initial application of AA SB9
Financial assets class |
Notes |
AASB 139 original classification |
AASB 9 new classification |
AASB 139 carrying amount at 1 July 2018 $'000 |
AASB 9 carrying amount at 1 July 2018 $'000 |
Cash and cash equivalents |
3.1A |
Loans and receivable |
Amortised cost |
3,100 |
3,100 |
Trade receivables |
3.1B |
Loans and receivable |
Amortised cost |
606 |
606 |
Total financial assets |
3,706 |
3,706 |
Reconciliation of carrying amounts of financial assets on the date of initial application of AASB 9
Financial assets class |
AASB 139 carrying amount at 1 July 2018 $'000 |
Reclassification $'000 |
Remeasurement $'000 |
AASB 9 carrying amount at 1 July 2018 $'000 |
Financial assets at amortised cost |
||||
Loans and receivable |
||||
Cash and cash equivalents |
3,100 |
- |
- |
3,100 |
Trade receivables |
606 |
- |
- |
606 |
Total amortised cost |
3,706 |
- |
- |
3,706 |
The carrying value of financial assets and liabilities is a reasonable approximation of fair value.
7.3 Administered Financial Instruments
Note 7.3A: Categories of Financial Instruments |
2019 |
2018 |
||
$'000 |
$'000 |
|||
Financial Assets under AASB 139 |
||||
Loans and receivables |
||||
Cash and cash equivalents |
868 |
|||
Fees, charges and other revenue receivables |
31,394 |
|||
Accrued revenue |
848,677 |
|||
Total loans and receivables |
880,939 |
|||
Financial Assets under AASB 9 |
||||
Financial assets at amortised cost |
||||
Cash and cash equivalents |
451 |
|||
Fees, charges and other revenue receivables |
30,107 |
|||
Accrued revenue |
429,837 |
|||
Total financial assets at amortised cost |
460,395 |
|||
Carrying amount of financial assets |
460,395 |
880,939 |
Classification of financial assets on the date of initial application of AA SB9
Financial assets class |
Notes |
AASB 139 original classification |
AASB 9 new classification |
AASB 139 carrying amount at 1 July 2018 $'000 |
AASB 9 carrying amount at 1 July 2018 $'000 |
Cash and cash equivalents |
4.1A |
Loans and receivable |
Amortised cost |
868 |
868 |
Fees, charges and other revenue receivables |
4.1C |
Loans and receivable |
Amortised cost |
31,394 |
31,394 |
Accrued revenue |
4.1D |
Loans and receivable |
Amortised cost |
848,677 |
848,677 |
Total financial assets |
880,939 |
880,939 |
Reconciliation of carrying amounts of financial assets on the date of initial application of AASB 9
Financial assets class |
AASB 139 carrying amount at 1 July 2018 $'000 |
Reclassification $'000 |
Remeasurement $'000 |
AASB 9 carrying amount at 1 July 2018 $'000 |
Financial assets at amortised cost |
||||
Loans and receivable |
||||
Cash and cash equivalents |
868 |
- |
- |
868 |
Fees, charges and other revenue receivables |
31,394 |
- |
- |
31,394 |
Accrued revenue |
848,677 |
848,677 |
||
Total amortised cost |
880,939 |
- |
- |
880,939 |
Accounting Policy
Financial Assets
With the implementation of AASB 9 Financial Instruments for the first time in 2019, the ACMA classifies its financial assets in the following categories:
- financial assets at fair value through profit or loss;
- financial assets at fair value through other comprehensive income; and
- financial assets measured at amortised cost.
The classification depends on both the ACMA's business model for managing the financial assets and contractual cash flow characteristics at the time of initial recognition. Financial assets are recognised when the ACMA becomes a party to the contract and, as a consequence, has a legal right to receive or a legal obligation to pay cash and derecognised when the contractual rights to the cash flows from the financial asset expire or are transferred upon trade date. Comparatives have not been restated on initial application.
Financial Assets at Amortised Cost
Financial assets included in this category need to meet two criteria:
- the financial asset is held in order to collect the contractual cash flows; and
- the cash flows are solely payments of principal and interest (SPPI) on the principal outstanding amount.
Amortised cost is determined using the effective interest method. Effective Interest Method
Income is recognised on an effective interest rate basis for Financial Assets that are recognised at amortised cost.
Impairment of Financial Assets
Financial Assets are assessed for impairment at the end of each reporting period based on Expected Credit Losses, using the general approach which measures the loss allowance based on an amount equal to lifetime expected credit losses where risk has significantly increased, or an amount equal to 12‐month expected credit losses if risk has not increased.
The simplified approach for trade, contract and lease receivables is used. This approach always measures the loss allowance as the amount equal to the lifetime expected credit losses.
A write-off constitutes a derecognition event where the write-off directly reduces the gross carrying amount of the financial asset.
Financial Liabilities
Financial liabilities are classified as either financial liabilities ‘at fair value through profit or loss’ or other financial liabilities. Financial liabilities are recognised and derecognised upon ‘trade date’.
Financial Liabilities at Fair Value Through Profit or Loss
Financial liabilities at fair value through profit or loss are initially measured at fair value. Subsequent fair value adjustments are recognised in profit or loss. The net gain or loss recognised in profit or loss incorporates any interest paid on the financial liability.
Financial Liabilities at Amortised Cost
Financial liabilities, including borrowings, are initially measured at fair value, net of transaction costs. These liabilities are subsequently measured at amortised cost using the Effective Interest Method, with interest expense recognised on an effective interest basis.
Supplier and Other Payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).
7.4 Fair Value Measurement
All Non-Financial Asets with the exception of Intangibles are measured at fair value. Other than Assets Held for Sale, these are all recurring fair value measurements.
Key judgements and estimates
Valuation of Land and Buildings
Independent valuations are obtained tri-annually as at 30 June for Land and Buildings. These valuations include calculations of estimated market cash flows which are adjusted to take into account physical, economic and external factors relevant to the asset under consideration. All valuations conducted are in compliance with AASB 13.
Valuation of Leasehold Improvements, Plant and Equipment
The estimated cost to replace the asset has been calculated and then adjusted to take into account obsolescence and physical deterioration (accumulated depreciation). The obsolescence has been determined based on professional judgement regarding physical, economic and external factors relevant to the asset under consideration.
8. Other items
8.1 Aggregated Assets and Liabilities
Note 8.1A: Departmental - Aggregate Assets and Liabilities Assets expected to be recovered in: |
2019 $'000 |
2018 $'000 |
No more than 12 months |
33,484 |
29,627 |
More than 12 months |
- |
- |
Total assets |
33,484 |
29,627 |
Liabilities expected to be settled in: No more than 12 months |
9,595 |
9,083 |
More than 12 months |
18,982 |
18,778 |
Total liabilities |
28,577 |
27,861 |
Note 8.1B: Administered - Aggregate Assets and Liabilities |
2019 $'000 |
2018 $'000 |
Assets expected to be recovered in: |
||
No more than 12 months |
563,539 |
510,095 |
More than 12 months |
- |
429,837 |
Total assets |
563,539 |
939,932 |
Liabilities expected to be settled in: |
||
No more than 12 months |
100,381 |
121,806 |
More than 12 months |
8,523 |
8,922 |
Total liabilities |
108,904 |
130,728 |
Footnotes
- Subject to certain exceptions, a ‘trigger event’ for a regional commercial radio broadcasting licence is defined as: (a) a change in control of a regional commercial radio licence, (b) the formation of a new registrable media group where a regional commercial radio broadcasting licence is in the group or (c) a change in controller of a registrable media group where a regional commercial radio broadcasting licence is in the group. A trigger event for a regional commercial radio broadcasting licence is different to a trigger event for a regional commercial television broadcasting licence, as introduced by the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017. ↩
- Local content plans include obligations to meet minimum service standards for local news, weather, community service announcements and emergency warnings, and the requirement to prepare a local content plan and take all reasonable steps to comply with it. ↩
Visit
https://www.transparency.gov.au/annual-reports/australian-communications-and-media-authority/reporting-year/2018-2019-12