Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – 16 June 2022

Overview

The Broadcasting Services Act 1992 was enacted by the Australian Parliament to regulate the broadcasting services within Australia. The Act was introduced to address the need for a comprehensive regulatory framework that ensures the delivery of broadcasting services meets certain standards and objectives, including the promotion of diversity and the protection of public interest. The Australian Communications and Media Authority (ACMA) is the body responsible for administering this Act, with a policy objective to ensure that broadcasting services are provided in a manner that is consistent with the public interest. The ACMA notifies and manages the process of licence renewals for broadcasting services, ensuring that only suitable licensees continue to provide these services. The policy objective is to maintain the integrity and reliability of broadcasting services while fostering a competitive and diverse media environment.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice applies to companies that have lodged applications for the renewal of their broadcasting service licences with the Australian Communications and Media Authority (ACMA). This includes commercial broadcasting licensees such as Rich Rivers Radio Pty Ltd, North Queensland Broadcasting Corporation Pty Ltd, and Radio 1278 Melbourne Pty Ltd, among others. The Act governs these entities, ensuring that the companies meet specific criteria to continue providing broadcasting services. The geographic reach of the Act spans various states and regions, including Victoria, Queensland, New South Wales, Western Australia, and South Australia, as well as Australia-wide. The Act's application is primarily at the Commonwealth level, overseen by the ACMA. The Notice does not specify any exclusions, exemptions, or thresholds, but it does mention that the ACMA may decide if a company is still a suitable licensee based on several factors, including their business and personal records, and past convictions. The ACMA is not mandated to hold an investigation or hearing for licence renewals under this Act.

Key Provisions

The Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice of 16 June 2022 (C2022G00492) informs the public that several companies have applied for the renewal of their broadcasting service licences under section 46(2) of the Act. These companies include Rich Rivers Radio Pty Ltd, North Queensland Broadcasting Corporation Pty Ltd, Radio 1278 Melbourne Pty Ltd, ACE Radio Broadcasters Pty Ltd, West Coast Radio Pty Ltd, Rebel FM Stereo Pty Ltd, Hot 91 Pty Ltd, WIN Television Griffith Pty Ltd, and several Network TEN entities. The Australian Communications and Media Authority (ACMA) is responsible for deciding whether these companies are suitable to continue providing commercial broadcasting services. The Act mandates that the ACMA must renew these licences unless it determines that the applicant is no longer a suitable licensee (subsection 41(2)). For a company to be considered suitable, the ACMA must not find that allowing the company to provide or continue providing a commercial broadcasting service under a licence would lead to a significant risk of committing an offence against the Act or the regulations, or breaching the conditions of the licence. In making this determination, the ACMA is required to consider the business record of the company, the company's record in situations requiring trust and candour, the business and personal records of the chief executive, directors, and secretaries of the company, and any convictions of the company or these individuals under the Act or regulations (subsection 41(3)). The Act does not require the ACMA to conduct an investigation or hold a hearing into whether a commercial licence should be renewed (subsection 47(3)). This means that the renewal process is largely administrative, focusing on the review of the relevant records and information provided by the applicant companies. In terms of consequences, if the ACMA decides that a company is no longer suitable to hold a broadcasting licence, it has the authority to refuse renewal, effectively barring the company from continuing its broadcasting services. This decision could have significant implications for the companies involved, potentially affecting their operations and reputation. While the notice does not specify civil or criminal penalties for non-compliance with the Act, breaches of the Act or licence conditions could lead to enforcement actions by the ACMA, including fines and other regulatory measures.