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

Overview

The Broadcasting Services Act 1992, enacted by the Australian Parliament, aims to regulate broadcasting services in Australia, ensuring they operate in the public interest. This legislation was introduced to address the need for oversight and regulation of broadcasting services to maintain standards and protect public interests. The Act provides the framework for the Australian Communications and Media Authority (ACMA) to manage broadcasting licences, including the renewal process. The policy objective is to ensure that only suitable licensees are granted the privilege of providing commercial broadcasting services, thereby maintaining the integrity and quality of broadcasting in the country. The ACMA is tasked with evaluating applications for licence renewals and can refuse renewal if it deems the applicant unsuitable based on specific criteria outlined in the Act.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – January 2022 pertains to the renewal applications submitted by various commercial broadcasting licensees, as mandated by the Act. This notice specifically applies to entities that hold commercial broadcasting licences within Australia, detailing the companies that have applied for their licences to be renewed. The geographic reach of this application spans multiple states, including Tasmania, New South Wales, Victoria, and South Australia. Each entity listed in the notice must meet the suitability criteria as defined by sub-section 41(2) of the Act; otherwise, their applications for licence renewal will not be granted. The ACMA evaluates the suitability of these entities based on their business records, their history in maintaining trust and candour, and the personal records of their chief executives, directors, and secretaries, including any past convictions relevant to the Act. This notice underscores the importance of adhering to the regulatory framework set out in the Broadcasting Services Act 1992, ensuring that broadcasters continue to operate within the legal boundaries established for the industry.

Key Provisions

The notice issued by the Australian Communications and Media Authority (ACMA) under section 46(2) of the Broadcasting Services Act 1992 (the Act) informs the public that certain broadcasting service licence renewal applications have been submitted by specified companies (subsection 46(2)). These applications are for renewal of commercial broadcasting licences, each identified by a service licence number (SL No) and a service area (subsection 46(2)). The companies listed include North East Tasmanian Radio Broadcasters Pty Ltd, Grafton FM Pty Ltd, ACE Radio Broadcasters Pty Ltd, Regional Communications Pty Ltd, 3UZ Pty Ltd, Prime Television (Victoria) Pty Limited, and WIN Television SA Pty Ltd, each applying to renew their respective broadcasting licences (subsection 46(2)). Under the Act, the ACMA is mandated to renew these licences unless it concludes that the applicant is no longer suitable to hold a licence (subsection 46(2)). A company is deemed unsuitable if the ACMA finds that subsection 41(2) of the Act applies, which could occur if there is a significant risk of an offence against the Act or the regulations being committed, or a breach of licence conditions occurring (subsection 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 integrity in situations requiring trust and candour, the business records and integrity of the chief executive and each director and secretary of the company, and any prior convictions of the company or these individuals under the Act or the regulations (subsection 41(3)). In terms of obligations, the ACMA must ensure that it carefully evaluates the suitability of each applicant for licence renewal. This involves a comprehensive assessment based on the outlined criteria to prevent any risk of regulatory breaches or criminal activities (subsection 41(2) and (3)). The ACMA is not required to hold an investigation or a hearing into the renewal of a commercial licence, as stipulated by subsection 47(3) of the Act, streamlining the process while maintaining the integrity and compliance of the broadcasting services. Should the ACMA find that a company is not suitable for licence renewal, there are no specific civil or criminal penalties outlined in the notice for the failure to renew a licence if deemed unsuitable. However, the consequences of being deemed unsuitable could include the loss of the broadcasting licence, which could have significant ramifications for the company's operations and reputation. Additionally, any further breaches of the Act or regulations by the company could lead to separate penalties as stipulated elsewhere in the Act.