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

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, was introduced to regulate the broadcasting industry in Australia. The Act establishes a framework for the licensing of broadcasting services, ensuring that broadcasters adhere to certain standards and conditions. The 2021 Notice issued by the Australian Communications and Media Authority (ACMA) under section 46(2) of the Act, informs the public of the renewal applications for broadcasting service licences by various companies. The policy objective of the Act is to maintain the suitability of broadcasters, preventing those who pose a significant risk of breaching the Act or their licence conditions from continuing their services. The ACMA is tasked with determining the suitability of the applicants, considering various factors such as the business record of the company, its history of trust and candour, and the records of its key personnel. The Act does not mandate investigations or hearings for commercial licence renewals under sub-section 47(3).

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice 2021 issued by the Australian Communications and Media Authority (ACMA) pertains to the renewal of broadcasting service licences under the Broadcasting Services Act 1992. The notice informs that various companies, including Western Broadcasters Pty Ltd, Mudgee Broadcasting Company Pty Ltd, Parkes Broadcasting Company Pty Ltd, Gympie-Noosa Broadcasters Pty Ltd, Radio 4AK Pty Ltd, Resonate Regional Radio Pty Limited, and Regional Television Pty Limited, have applied for the renewal of their respective broadcasting service licences. These licences cover specific service areas across the states of New South Wales and Queensland. The Act governs the process by which the ACMA reviews and potentially renews these licences, ensuring that only suitable licensees, who do not pose a significant risk of breaching the Act or its regulations, are permitted to continue providing commercial broadcasting services. The decision-making process involves considering the business and personal records of the applicants, including their history of compliance and any prior convictions related to the Act. The Act specifies that the ACMA is not mandated to conduct investigations or hearings for these renewals, streamlining the process while maintaining oversight to uphold the standards and conditions of the broadcasting services.

Key Provisions

The Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – May 2021 informs the public that certain companies have applied for the renewal of their broadcasting service licences under sub-section 46(2) of the Act. This notice includes details of the companies and the specific services for which they have applied, such as Western Broadcasters Pty Ltd for licence 10249 in Dubbo, NSW, and Regional Television Pty Limited for licence 113 in Regional Queensland TV, QLD (subsection 46(2)). The Act mandates that the Australian Communications and Media Authority (ACMA) must renew these licences unless it deems the applicant unfit to continue operating under sub-section 41(2) of the Act. Under the Act, the ACMA must consider various factors before deciding whether a licensee remains suitable, including the company’s business record, its history in situations requiring trust and candour, the records of its chief executive and directors, and whether any of these individuals have been convicted of an offence under the Act or related regulations (subsection 41(3)). This assessment is crucial to determining the suitability of the company for continued licence renewal. The obligations imposed by the Act on the ACMA are significant. The ACMA must review the applications against the criteria set out in the Act and decide on the renewal of the licences based on the suitability of the applicants. The Act does not require the ACMA to hold investigations or hearings for these renewals, streamlining the process while ensuring that only fit companies are allowed to continue their operations (subsection 47(3)). Breaching the provisions of the Act can lead to severe consequences. Although the notice does not detail specific penalties, the Act generally provides for both civil and criminal penalties for non-compliance. For instance, offences under the Act can result in fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties vary based on the specific offence but can include significant fines for corporations and individuals alike. In summary, the Act and the associated notice ensure that broadcasting service licence renewals are handled transparently and fairly, with the ACMA tasked with the responsibility of ensuring that only suitable companies are allowed to continue providing broadcasting services. The obligations and potential consequences underscore the importance of compliance with the Act’s provisions.