Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – 7 April 2022

Overview

The Broadcasting Services Act 1992 (the Act) was enacted by the Commonwealth Parliament to regulate broadcasting services in Australia, addressing the need for a framework to ensure that broadcasters comply with certain standards and obligations. The Act establishes the Australian Communications and Media Authority (ACMA) to oversee broadcasting services, including the regulation of licence applications and renewals. The policy objective of the Act is to ensure that broadcasters operate in a manner that is consistent with the public interest, which includes maintaining high standards of broadcasting content and ensuring that the broadcasting services are provided by suitable licensees. The Act mandates that ACMA must consider various factors, including the business and personal records of the applicant and their officers, to determine whether a broadcasting licence should be renewed, thereby maintaining the integrity and suitability of the broadcasting services in Australia.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that hold or seek to hold broadcasting service licences in Australia. Specifically, the Act governs the operation of broadcasting services and regulates the conduct of licence holders, ensuring compliance with licensing conditions and broader regulatory requirements. The Act applies to both commercial and non-commercial broadcasters across various states and territories within the Commonwealth of Australia, encompassing all forms of broadcasting including television, radio, and digital services. The Act mandates that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it determines that the applicant is unsuitable, based on criteria such as the applicant’s business record, their history in situations requiring trust and candour, and any convictions under the Act or its regulations. ACMA’s decision to not renew a licence is based on a risk assessment that considers the likelihood of future breaches or offences. Notably, the Act does not require ACMA to conduct an investigation or hearing for each renewal application, streamlining the renewal process while maintaining oversight to ensure compliance and public interest protection.

Key Provisions

Under the Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – 7 April 2022, the Australian Communications and Media Authority (ACMA) is mandated to consider the renewal of broadcasting service licences for specific companies. This includes Spencer Gulf Telecasters Pty Limited for Spencer Gulf TV1 in South Australia, Broken Hill Television Ltd for Mildura/Sunraysia TV1 in Victoria, Darwin Digital Television Pty Limited for Darwin TV1 in the Northern Territory, and Southern State Broadcasters Pty Ltd for Adelaide RA1 in South Australia (subsection 46(2)). The ACMA must renew these licences unless it determines that the applicants are no longer suitable licensees. The suitability of a licensee is assessed under subsection 41(2) of the Act, which can be applied if the ACMA believes that allowing the licensee to continue providing a commercial broadcasting service would result in a significant risk of committing an offence against the Act or regulations, or breaching the licence conditions. In determining the suitability of a licensee, the ACMA must consider several factors, including the business record of the company, its record in situations requiring trust and candour, the business records of the chief executive, directors, and secretaries, their personal records in situations requiring trust and candour, and any prior convictions under the Act or regulations (subsection 41(3)). It is important to note that the Act does not require the ACMA to conduct an investigation or hearing regarding the renewal of a commercial licence (subsection 47(3)). The obligations imposed by the Act on the ACMA and the licensees include the requirement for the ACMA to assess the suitability of the licensees based on specified criteria. The licensees must ensure that they meet these criteria to maintain their broadcasting service licences. Failure to meet these criteria could result in the ACMA denying the renewal of the licence, which would prevent the company from continuing its broadcasting services. Breaches of the Act or its regulations, or failure to meet the conditions of the licence, can lead to significant risks being identified by the ACMA. Such risks might include the imposition of penalties or other regulatory actions. The Act does not specify the exact penalties for breaches, but it implies that severe consequences could follow for non-compliance. The maximum penalties for offences under the Broadcasting Services Act 1992 can include substantial fines and, in some cases, imprisonment for individuals found guilty of serious offences. The exact penalties would depend on the nature and severity of the breach.