Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – August 2021

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was introduced to regulate the broadcasting services in Australia and ensure compliance with licensing and operational standards. The Act aims to maintain a broadcasting system that reflects the diversity of the Australian community and provides a wide range of services. Under this Act, the Australian Communications and Media Authority (ACMA) is tasked with the responsibility of overseeing broadcasting services, including the renewal of commercial broadcasting licences. The 2021 notice from ACMA, pursuant to section 46(2) of the Act, highlights the process of licence renewal for various broadcasting companies, emphasising the importance of ensuring that only suitable licensees are permitted to continue providing broadcasting services. This legislative framework ensures that the broadcasting industry adheres to the standards set by the Act, safeguarding the interests of the Australian public.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that seek to provide or continue providing broadcasting services in Australia. In this context, the Australian Communications and Media Authority (ACMA) is responsible for managing applications for the renewal of broadcasting service licences, as outlined in the August 2021 notice. This legislation encompasses commercial broadcasting services in various regions across Australia, including Western Australia, Victoria, New South Wales, and South Australia, as evidenced by the listed companies. The Act's scope includes ensuring that the applicants for licence renewals are deemed suitable, considering their past business conduct, integrity, and adherence to the law. The ACMA's authority extends to denying renewal if there is a significant risk of future non-compliance with the Act or its regulations. Notably, the Act allows the ACMA to make these decisions without the necessity of formal investigations or hearings, streamlining the process while maintaining the integrity of the broadcasting services provided in the country.

Key Provisions

The primary sections of the Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice - August 2021 (the Notice) pertain to the notification by the Australian Communications and Media Authority (ACMA) of applications for the renewal of commercial broadcasting service licences under section 46(2) of the Act (section 2). The Notice specifies the entities that have lodged applications for the renewal of their respective broadcasting service licences, such as Radio West Broadcasters Pty Ltd in WA, Elldale Pty Ltd in WA, Geelong Broadcasters Pty Ltd in VIC, and others (section 3). The ACMA is mandated to renew these licences unless it determines that the applicant is no longer a suitable licensee, as outlined in section 41(2) of the Act (section 4). The Act imposes specific obligations and requirements on the ACMA when considering the renewal of a broadcasting service licence. It mandates that the ACMA must not renew a licence if it decides that the applicant is no longer a suitable licensee, which occurs if the ACMA is satisfied that allowing the licensee to provide or continue to provide a commercial broadcasting service would lead to a significant risk of an offence against the Act or the regulations being committed, or a breach of the licence conditions (section 41(2)(a) and (b)). In making this determination, the ACMA must consider various factors, including the business record of the company, the company's record in situations requiring trust and candour, the business records of the chief executive, directors, and secretaries of the applicant, their records in situations requiring trust and candour, and any prior convictions of the company or these individuals under the Act or regulations (section 41(3)(a)-(e)). There are no specific offences, penalties, or civil/criminal consequences mentioned within the Notice itself. However, the Broadcasting Services Act 1992 (the Act) and the associated regulations outline various offences and their respective penalties. For instance, breaches of the Act or regulations may lead to civil or criminal penalties, including fines and imprisonment, as specified in the relevant sections of the Act. The maximum penalties depend on the nature and severity of the offence, as detailed within the broader legislative framework of the Act.