Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – 25 February 2022

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was established to regulate the broadcasting industry in Australia, ensuring that broadcasters adhere to certain standards and conditions. The Act aims to maintain the integrity and diversity of the broadcasting services provided, as well as protecting the public from offensive or harmful content. In line with this, the Australian Communications and Media Authority (ACMA) is responsible for administering the Act and processing applications for the renewal of broadcasting service licences under section 46(2). The ACMA must decide whether an applicant remains a suitable licensee by considering various factors, including the company's business record, its record in situations requiring trust and candour, and any prior convictions of the company or its officers. The policy objective is to maintain the quality and integrity of the broadcasting services provided in Australia while ensuring that the public is protected from offensive or harmful content.

Scope and Application

The Australian Communications and Media Authority Broadcasting Services Notice pertains to the applications for the renewal of commercial broadcasting service licences under section 46(2) of the Broadcasting Services Act 1992. Specifically, it concerns the renewal of licences for companies such as Star 104.5 Pty Ltd, which holds a commercial broadcasting licence for the Gosford RA1 area in New South Wales. The Act mandates that the ACMA renew these licences unless it determines that the applicant is no longer a suitable licensee, based on whether they pose a significant risk of committing an offence against the Act or breaching licence conditions. This suitability assessment includes scrutiny of the company’s business record, the trustworthiness of its key personnel, and any prior convictions. Notably, the Act does not require the ACMA to conduct investigations or hearings for these renewal decisions, streamlining the process while maintaining stringent standards for maintaining the integrity and compliance of the broadcasting services.

Key Provisions

Under the Broadcasting Services Act 1992, section 46(2) mandates that the Australian Communications and Media Authority (ACMA) notifies the public of applications made by commercial broadcasting licensees for the renewal of their licences (46(2)). In this instance, Star 104.5 Pty Ltd has applied for the renewal of its licence for the Gosford RA1 service area in New South Wales (NSW) (1150647). The ACMA will proceed with the renewal of these licences unless it concludes that the applicant is no longer a suitable licensee under section 41(2) of the Act. This determination hinges on whether the ACMA finds a significant risk that the applicant might commit an offence against the Act or the regulations, or breach the licence conditions. The suitability of a licensee under section 41(2) of the Act is assessed based on several criteria. The ACMA must consider the business record of the company, as well as its history in situations requiring trust and candour (41(3)(a) and (b)). Additionally, the records of the chief executive, directors, and secretaries of the applicant are evaluated, both in terms of their business history and their conduct in situations demanding trust and candour (41(3)(c), (d), and (e)). This comprehensive review ensures that the ACMA has a holistic understanding of the applicant's suitability to hold a broadcasting licence. The Act outlines that the ACMA does not need to conduct an investigation or hold a hearing to decide whether to renew a commercial licence (47(3)). This streamlined process ensures that applications for licence renewals are processed efficiently, provided that no significant concerns about the applicant's suitability arise. If the ACMA determines that a licensee is not suitable under section 41(2), it can refuse to renew the licence, thereby preventing the licensee from continuing to provide broadcasting services. This decision could lead to the cessation of broadcasting services unless the licensee takes corrective actions or appeals the decision. The consequences for non-compliance or breaches of the Act are significant. While specific penalties are not detailed in the notice, breaches of the Act or regulations could result in both civil and criminal penalties. The severity of these penalties would depend on the nature and extent of the breach, with potential outcomes including fines, imprisonment, or both.