AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
NOTICE OF APPLICATION FOR RENEWAL OF LICENCE UNDER SECTION
46(2) OF THE BROADCASTING SERVICES ACT 1992
In accordance with sub-section 46(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) hereby notifies that the companies listed below have lodged applications for the renewal of the following broadcasting service licences:
Commercial Broadcasting Licensees | SL No | Service Area | State |
WIN Television QLD Pty Ltd | 116 | REGIONAL QUEENSLAND TV1 | QLD |
WIN Radio Pty Ltd | 4128 | WOLLONGONG RA1 | NSW |
North West Radio Pty Ltd | 10337 | KARRATHA RA1 | WA |
North West Radio Pty Ltd | 10342 | PORT HEDLAND RA1 | WA |
Resonate Regional Radio Pty Limited | 4183 | KINGAROY RA1 | QLD |
Northern Tasmania Broadcasters Pty Ltd | 10353 | DEVONPORT RA1 | TAS |
South Coast & Tablelands Broadcasting Pty Ltd | 2163 | NOWRA RA1 | NSW |
The ACMA is required to renew these licences unless it decides that an applicant is no longer a suitable licensee. A company is a suitable licensee if the ACMA does not decide that sub-section 41(2) of the Act applies to the company.
The ACMA may decide that 41(2) of the Act applies to a licensee if it is satisfied that allowing the licensee to provide or continue to provide a commercial broadcasting service under a licence would lead to a significant risk of: (a) an offence against the Act or the regulations being committed; (b) or a breach of the conditions of the licence occurring.
In deciding whether the sub-section applies, the ACMA is required by sub-section 41(3) of the Act, to take into account: (a) the business record of the company; and (b) the company's record in situations requiring trust and candour; and (c) the business record of the chief executive and each director and secretary of the applicant; and (d) the record in situations requiring trust and candour of each such person; and (e) whether the company, or a person referred to in paragraph (c) or (d), has been convicted of an offence against this Act or the regulations.
The Act does not require the ACMA to hold an investigation or a hearing into whether a commercial licence (sub-section 47(3)) should be renewed.
Overview
The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate the broadcasting services in the country, addressing the need for a comprehensive framework that ensures the provision of broadcasting services aligns with the public interest and other relevant considerations. This Act established the Australian Communications and Media Authority (ACMA) as the regulatory body responsible for licensing and overseeing broadcasters, among other functions. The policy objective of the Act is to ensure that broadcasters operate in a manner that is consistent with the public interest, including the delivery of diverse and high-quality content, and compliance with the conditions of their licences. The ACMA is mandated to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee, a decision influenced by the company's business record, adherence to trust and candour, and the criminal records of key personnel.
Scope and Application
The Broadcasting Services Act 1992 pertains to the regulation of broadcasting services in Australia and applies to entities such as companies that hold broadcasting service licences. These entities must apply for licence renewals as stipulated in sub-section 46(2) of the Act, with the Australian Communications and Media Authority (ACMA) tasked with determining the suitability of the licensees. A company's suitability hinges on its compliance with the Act and its regulations, including the avoidance of offences or breaches of licence conditions. The ACMA considers various factors, such as the business and personal records of the company’s executives and directors, to assess whether the company remains a suitable licensee. Notably, the Act does not mandate an investigation or hearing for the renewal of a commercial licence, as specified in sub-section 47(3). The geographic scope of the Act encompasses the entirety of Australia, affecting regional and local broadcasting services across different states and territories.
Key Provisions
The main operative sections of the Broadcasting Services Act 1992 (the Act) relevant to the renewal of commercial broadcasting licences are sections 46(2) and 41(2). Section 46(2) mandates that the Australian Communications and Media Authority (ACMA) notify the public when companies have lodged applications for the renewal of their broadcasting service licences. These companies must be operating in designated service areas, as listed in the notice. Section 41(2) allows the ACMA to decline to renew a licence if it determines that the licensee poses a significant risk of committing an offence against the Act or breaching the conditions of the licence.
The obligations imposed on the parties governed by the Act primarily concern the ACMA's role in assessing and deciding on the renewal of broadcasting service licences. The ACMA must consider the business record and history of the company, the chief executive, directors, and secretaries, as well as their individual records in situations requiring trust and candour. Furthermore, the ACMA must weigh whether any of these individuals or the company itself has a history of convictions under the Act or related regulations. While the ACMA is required to consider these factors, the Act does not mandate an investigation or a hearing before making a decision on the renewal of a commercial licence under section 47(3).
Breaches of the Act, particularly those concerning the suitability of a licensee, can lead to civil or criminal consequences. If the ACMA decides that a licensee is no longer suitable, the company's broadcasting licence may not be renewed, effectively barring them from continuing their broadcasting operations. The maximum penalties for offences under the Act can vary, but they may include substantial fines and potential imprisonment for serious violations. The specifics of these penalties are detailed in other sections of the Act and are not explicitly mentioned in the notice of application for licence renewal. However, the potential severity of these penalties underscores the importance of compliance with the Act's provisions and the ACMA's rigorous assessment process.