AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – 16 May 2022
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 |
Canberra FM Radio Pty Ltd | 1060 | CANBERRA RA1 | ACT |
Canberra FM Radio Pty Ltd | 1066 | CANBERRA RA1 | ACT |
Radio Albury Wodonga Pty Ltd | 10289 | ALBURY RA1 | NSW |
Super Hill 106 FM Pty Ltd | 10245 | BROKEN HILL RA1 | NSW |
Radio 2RG Pty Limited | 4132 | GRIFFITH RA1 | NSW |
Mid-Coast Broadcasters Pty Ltd | 2161 | KEMPSEY RA1 | NSW |
Richmond River Broadcasters Pty Ltd | 6306 | LISMORE RA1 | NSW |
Tamworth Radio Development Co Pty Ltd | 4865 | NEWCASTLE RA1 | NSW |
Riverina Broadcasters (Holdings) Pty Ltd | 6446 | WAGGA WAGGA RA1 | NSW |
ARN Communications Pty Ltd | 4165 | BRISBANE RA1 | QLD |
Greater Cairns Radio Pty Ltd | 5742 | CAIRNS RA1 | QLD |
Barrier Reef Broadcasting Proprietary Ltd | 1964 | MACKAY RA1 | QLD |
5AD Broadcasting Company Pty Ltd | 4191 | ADELAIDE RA1 | SA |
Radio 1278 Melbourne Pty Ltd | 4146 | MELBOURNE RA1 | VIC |
3UZ Pty Ltd | 10393 | SHEPPARTON RA1 | VIC |
2HD Broadcasters Pty Ltd | 4115 | NEWCASTLE RA1 | NSW |
Broken Hill Television Pty Limited | 10241 | BROKEN HILL TV1 | NSW |
Spencer Gulf Telecasters Pty Limited | 10234 | SPENCER GULF TV1 | SA |
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 (BSA) was enacted by the Parliament of Australia to regulate the broadcasting industry in Australia, including the licensing of broadcasters and the standards to which they must adhere. The BSA was introduced to address the need for a comprehensive legal framework governing broadcasting services, ensuring that the industry operates in a manner that is both commercially viable and in the public interest. The Australian Communications and Media Authority (ACMA) is responsible for administering the BSA, including the renewal of broadcasting service licences under Section 46(2) of the Act. The policy objective of the BSA is to ensure that broadcasting services are provided in a manner that is ethical, responsible, and serves the public interest, while also fostering a competitive and diverse media environment. The BSA provides the ACMA with the authority to assess whether a company is a suitable licensee by considering various factors, including the company’s business record and adherence to legal standards.
Scope and Application
The Broadcasting Services Act 1992 applies to the entities listed in the notice, which are primarily commercial broadcasting companies seeking renewal of their broadcasting service licenses. These companies operate across various regions in Australia, including the Australian Capital Territory, New South Wales, Queensland, South Australia, Victoria, and the Northern Territory. The Act governs the conduct and transactions of these entities in the provision of broadcasting services. Notably, the Act does not specify any exclusions or exemptions for these license renewal applications, but rather mandates the Australian Communications and Media Authority (ACMA) to ensure that the applicants are suitable licensees. Suitability is determined by the absence of circumstances that would trigger subsection 41(2) of the Act, such as a significant risk of committing offences against the Act or breaching licence conditions. The Act provides flexibility through subordinate instruments that may further define the application and enforcement of its provisions.
Key Provisions
The Australian Communications and Media Authority (ACMA) has issued a notice regarding the applications for renewal of broadcasting service licenses under section 46(2) of the Broadcasting Services Act 1992 (the Act). These applications have been lodged by various companies, each seeking to renew their commercial broadcasting licenses in different regions across Australia. The notice specifies the names of the companies, the service areas, and the state or territory in which the services are provided. The ACMA is obligated to renew these licenses unless it determines that the applicant is no longer a suitable licensee, which is assessed under section 41(2) of the Act.
To determine whether a company is a suitable licensee, the ACMA considers several factors. This includes the business record of the company and its officers, such as the chief executive, directors, and secretaries. Additionally, the ACMA evaluates the company’s record in situations requiring trust and candour, as well as any convictions of the company or its officers for offences against the Act or its regulations. The decision is made based on whether the company poses a significant risk of committing an offence against the Act, breaching the licence conditions, or if there are any other factors that would deem the company unsuitable to hold the licence.
Under the Act, the ACMA is not mandated to hold an investigation or a hearing before deciding on the renewal of a commercial broadcasting licence. The process is primarily administrative, relying on the evaluation of the company's suitability based on the outlined criteria. This streamlined approach ensures that the renewal decisions can be made efficiently while maintaining the integrity of the broadcasting services.
Should the ACMA find that a company is not suitable to hold a broadcasting licence, the implications can be significant. This could result in the company losing its broadcasting rights and potentially facing civil or criminal consequences depending on the severity of the offence or breach. The penalties for such breaches can include fines, which may vary based on the specific provisions of the Act and the nature of the breach. The Act itself provides for both civil and criminal penalties, with the maximum fines potentially reaching substantial amounts, reflecting the importance of compliance with broadcasting regulations.