Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 06 March 2024

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, aims to regulate the broadcasting services provided within the country, ensuring compliance with set standards and public interest considerations. The Act provides the Australian Communications and Media Authority (ACMA) with the authority to grant, renew, or refuse broadcasting service licenses to commercial broadcasters. In the context of licence renewals, the policy objective is to maintain the integrity of the broadcasting services by ensuring that only suitable licensees, who demonstrate a record of compliance and trustworthiness, are permitted to continue their operations. The ACMA is mandated to assess applications for renewal and can decline renewal if there is a significant risk of the licensee committing offences or breaching the conditions of their licence. This legislative framework ensures that the broadcasting services continue to operate within the legal and ethical standards expected by the public.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice is issued under the authority of the Broadcasting Services Act 1992, which applies to commercial broadcasting service licensees across Australia. This Act governs the renewal of commercial broadcasting service licenses held by entities such as Bass Radio Pty Ltd, Radio Central Victoria Pty Ltd, and others, with their respective service areas spanning across states like Tasmania, Victoria, New South Wales, and Queensland. The Australian Communications and Media Authority (ACMA) is mandated to renew these licenses unless it determines that a licensee is no longer suitable, based on criteria including the business and personal records of the company and its controllers, as well as any past convictions or penalties under the Act or its regulations. Notably, the Act does not mandate an investigation or hearing for license renewal decisions, emphasising a streamlined process for the continuation of broadcasting services under specified conditions and jurisdictional reach.

Key Provisions

The notice issued by the Australian Communications and Media Authority (ACMA) on 6 March 2024 under subsection 46(2) of the Broadcasting Services Act 1992 (the Act) informs that several companies have applied for the renewal of their commercial broadcasting service licences (subsection 46(2)). The companies listed have applied for the renewal of their licences, which cover various service areas in different states, including Tasmania, Victoria, New South Wales, and Queensland. The notice specifies that the ACMA must renew these licences unless it decides that an applicant is no longer a suitable licensee (subsection 46(2)). A company is considered a suitable licensee if the ACMA has not determined that subsection 41(2) of the Act applies to the company (subsection 41(2)). The ACMA is empowered to decide that subsection 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 would lead to a significant risk of committing an offence against the Act or the regulations, breaching a civil penalty provision, or breaching the conditions of the licence (subsection 41(2)). When 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 and personal records of those who control the licence, convictions against the company or controlling persons, and any civil penalty orders made against the company or controlling persons (subsection 41(3)). Under the Act, the ACMA is not required to conduct an investigation or hold a hearing to decide whether to renew a commercial broadcasting service licence (subsection 47(3)). This streamlined process ensures that the decision-making process is efficient while still allowing the ACMA to consider the suitability of the licensees based on the outlined criteria. If the ACMA decides that a licensee is not suitable, it has the authority to refuse to renew the licence, thereby preventing the licensee from continuing to provide broadcasting services. Failure to comply with the provisions of the Act or the regulations may result in civil or criminal penalties, including fines and imprisonment, as stipulated in the relevant sections of the Act and its regulations.