Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – 12 July 2022

Overview

The Broadcasting Services Act 1992, enacted by the Australian Parliament, aims to regulate the licensing of commercial broadcasting services to ensure they operate in accordance with the law and the conditions of their licences. The Act establishes the framework for the Australian Communications and Media Authority (ACMA) to assess and decide on the suitability of licence applicants. The primary policy objective of the Act is to maintain the integrity and compliance of broadcasting services, ensuring they do not pose a significant risk of legal violations or breaches of their licence terms. The Act empowers the ACMA to renew broadcasting service licences unless there are grounds to deem the applicant unsuitable based on their business record, integrity, and past compliance history, including any convictions related to broadcasting offences.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice 2022 pertains to applications for the renewal of commercial broadcasting service licences under the Act. It applies to entities such as Channel Seven Queensland Pty. Limited and Tasmanian Digital Television Pty Ltd, who have submitted applications to renew their broadcasting service licences for their respective regions in Queensland and Tasmania. The scope of the Act extends to evaluating whether these entities remain suitable licensees, a determination based on their compliance with the Act and its regulations, their business records, and their conduct in situations requiring trust and candour. The Act does not mandate an investigation or a hearing for licence renewals but rather relies on the assessment of the Australian Communications and Media Authority (ACMA). The ACMA's decision to renew or not to renew a licence hinges on whether the continued operation by the applicant would pose a significant risk of breaching the Act, its regulations, or the conditions of the licence. This decision-making process is informed by factors such as the entity's past compliance history and any convictions under the Act or its regulations. The Act's application is specific to the entities listed and their respective broadcasting services within their designated service areas.

Key Provisions

The main operative sections of the Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice 2022 (Gazette) inform that certain companies have submitted applications for the renewal of their broadcasting service licences (section 1). Specifically, Channel Seven Queensland Pty. Limited has applied for the renewal of its licence for the Regional Queensland TV service, while Tasmanian Digital Television Pty Ltd has applied for the renewal of its licence for the Tasmania TV service (section 2). The Australian Communications and Media Authority (ACMA) is mandated by section 46(2) of the Broadcasting Services Act 1992 (the Act) to renew these licences unless it determines that the applicant is no longer a suitable licensee, as per the criteria set out in section 41(2) of the Act. The obligations and requirements imposed by the Act on the ACMA and the licensees are primarily focused on the suitability of the applicants for licence renewal. To determine whether a licensee remains suitable, the ACMA must consider several factors, including the business record of the company, the company's track record in situations requiring trust and candour, the business records of the chief executive, directors, and secretary, their respective records in situations requiring trust and candour, and whether any of these individuals have been convicted of an offence under the Act or the regulations (section 41(3) of the Act). These provisions ensure that the ACMA has a comprehensive framework to assess the suitability of licence applicants. The Notice also outlines the consequences of breaching the provisions of the Act. While specific offences, penalties, or civil/criminal consequences are not detailed in this particular Notice, the underlying Act provides for various sanctions in the event of non-compliance. Under the Broadcasting Services Act 1992, breaches can lead to civil penalties, fines, or criminal charges, depending on the nature and severity of the offence. For instance, significant violations may result in fines that can be substantial, reflecting the seriousness of the breach in the context of broadcasting services. Additionally, persistent or egregious breaches may lead to criminal charges, with penalties that could include imprisonment. The exact penalties are not specified in the Notice but are detailed within the broader legislative framework of the Act.