AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – September 2021
In accordance with sub-section 46(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) hereby notifies that the companies listed below have lodged applications for the renewal of the following broadcasting service licences:
Commercial Broadcasting Licensees | SL No | Service Area | State |
Resonate Broadcasting Pty Ltd | 10221 | LONGREACH RA1 | QLD |
North West Radio Pty Ltd | 10354 | REMOTE COMMERCIAL RADIO SERVICE WESTERN ZONE RA1 | WA |
Radio Gladstone Pty Ltd | 4151 | ROCKHAMPTON RA1 | QLD |
Eyre Peninsula Broadcasters Pty Ltd | 4195 | SPENCER GULF NORTH RA1 | SA |
Commercial Radio Coffs Harbour Pty Ltd | 10410 | COFFS HARBOUR RA1 | NSW |
Burnie Broadcasting Service Pty Ltd | 1150793 | BURNIE RA1 | TAS |
Radio Goulburn Pty Ltd | 4112 | GOULBURN RA1 | NSW |
2GF AM Radio Pty Ltd | 4111 | GRAFTON RA1 | NSW |
Amalgamated Marketing Pty Ltd | 4187 | TOOWOOMBA/WARWICK RA1 | QLD |
Resonate Regional Radio Pty Limited | 1170428 | EMERALD S40 | QLD |
Radio Snowy Mountains Pty Ltd | 4138 | COOMA RA1 | NSW |
The ACMA is required to renew these licences unless it decides that an applicant is no longer a suitable licensee. A company is a suitable licensee if the ACMA does not decide that sub-section 41(2) of the Act applies to the company.
The ACMA may decide that 41(2) of the Act applies to a licensee if it is satisfied that allowing the licensee to provide or continue to provide a commercial broadcasting service under a licence would lead to a significant risk of: (a) an offence against the Act or the regulations being committed; (b) or a breach of the conditions of the licence occurring.
In deciding whether the sub-section applies, the ACMA is required by sub-section 41(3) of the Act, to take into account: (a) the business record of the company; and (b) the company's record in situations requiring trust and candour; and (c) the business record of the chief executive and each director and secretary of the applicant; and (d) the record in situations requiring trust and candour of each such person; and (e) whether the company, or a person referred to in paragraph (c) or (d), has been convicted of an offence against this Act or the regulations.
The Act does not require the ACMA to hold an investigation or a hearing into whether a commercial licence (sub-section 47(3)) should be renewed.
Overview
The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate broadcasting services, including commercial and community radio and television, and to establish the Australian Communications and Media Authority (ACMA). The legislation aimed to fill a gap in the regulatory framework by providing a comprehensive set of provisions to oversee the licensing and operation of broadcasting services in Australia. The policy objective of the Act is to ensure that broadcasting services are managed in a manner that is consistent with the public interest, including the promotion of diversity and independence in the media. The Act also aims to protect the community from harmful or offensive content. In line with these objectives, the ACMA is mandated to assess applications for the renewal of broadcasting service licences to ensure that only suitable licensees are permitted to operate.
Scope and Application
The Broadcasting Services Act 1992 governs the regulation of broadcasting services in Australia, with the Australian Communications and Media Authority (ACMA) administering various aspects of the Act, including the renewal of broadcasting service licenses under section 46(2). This notice from ACMA outlines the companies that have applied for the renewal of their broadcasting service licenses. These licenses pertain to commercial radio services across various regions in different states and territories, such as Queensland, Western Australia, New South Wales, South Australia, and Tasmania. The renewal process hinges on the suitability of the applicants, as determined by the ACMA, which considers several factors including the business and personal records of the applicants and any prior convictions under the Act or its regulations. Notably, the Act does not mandate an investigation or a hearing for the renewal of commercial licenses, thereby streamlining the renewal process. However, ACMA retains the authority to deny renewal if there is a significant risk of an offence or breach of conditions occurring.
Key Provisions
The main operative sections of the Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – September 2021 are sections 46(2) and 41(2) of the Act. Section 46(2) requires the Australian Communications and Media Authority (ACMA) to renew broadcasting service licences unless it decides that the applicant is no longer a suitable licensee. This determination hinges on whether sub-section 41(2) of the Act applies, which can occur if the ACMA is satisfied that allowing the licensee to provide or continue to provide a commercial broadcasting service under a licence would lead to a significant risk of an offence against the Act or the regulations being committed, or a breach of the licence conditions occurring. In making this decision, the ACMA must consider several factors, including the business and personal records of the company and its senior executives, as outlined in sub-section 41(3) of the Act.
The obligations and requirements the Act imposes on the parties or entities it governs are primarily centred around the renewal of broadcasting service licences. The ACMA is tasked with evaluating the suitability of applicants based on their compliance with the Act and the regulations, as well as their past conduct and trustworthiness. This involves reviewing the business record of the company, the conduct of the chief executive, directors, and secretaries, and any past convictions under the Act or the regulations. The ACMA must ensure that the applicants do not pose a significant risk of committing offences or breaching licence conditions, which would make them unsuitable for holding a broadcasting licence.
Any offences, penalties, or civil/criminal consequences for breach under this legislation are not explicitly stated within the notice. However, the underlying Broadcasting Services Act 1992 does encompass a range of penalties for breaches. These can include fines, imprisonment, or other civil or criminal consequences, depending on the nature and severity of the breach. For instance, under the Broadcasting Services Act 1992, a person who commits an offence against the Act or the regulations may be subject to fines up to several hundred thousand dollars, and imprisonment for up to five years, or both, for serious breaches. The exact penalties depend on the specific circumstances of each case and the provisions of the Act that are breached.