AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 07 February 2025
In accordance with subsection 46(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) gives notice that the companies listed below have lodged applications for the renewal of the following commercial broadcasting service licences:
Commercial Broadcasting Licensees | SL No | Service Area | State |
Mid-Western Television Pty Ltd | 10416 | KALGOORLIE TV1 | WA |
Golden West Network Pty. Limited | 10417 | SOUTH WEST AND GREAT SOUTHERN TV1 | WA |
Geraldton Telecasters Pty Ltd | 10418 | GERALDTON TV1 | WA |
Central Digital Television Pty Limited | 1130050 | REMOTE CENTRAL & EASTERN AUSTRALIA TV2 | SA |
Central Digital Television Pty Limited | 1130051 | MT ISA TV1 | QLD |
2KY Broadcasters Pty Ltd | 4100 | SYDNEY RA1 | NSW |
Radio 2CH Pty Limited | 4098 | SYDNEY RA1 | NSW |
Nessan Pty Ltd | 4168 | TOWNSVILLE RA1 | QLD |
SPENCER GULF BROADCASTERS PTY LTD | 4193 | SPENCER GULF NORTH RA1 | SA |
SEA FM Central Coast Pty Ltd | 5145 | GOSFORD RA1 | NSW |
Campbelltown Radio Pty Ltd | 1150490 | CAMPBELLTOWN RA1 | NSW |
Great Southern Land Broadcasters Pty Ltd | 3864 | HOBART RA1 | TAS |
Moree Broadcasting and Development Co. Pty Ltd | 2994 | MOREE RA1 | NSW |
Bathurst Broadcasters Pty Ltd | 10248 | BATHURST RA1 | NSW |
2MO Gunnedah Pty Ltd | 4123 | GUNNEDAH 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 has not decided that subsection 41(2) of the Act applies to the company.
The ACMA may 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 under a licence would lead to a significant risk of:
- an offence against the Act or the regulations being committed;
- a breach of a civil penalty provision occurring; or
- a breach of the conditions of the licence occurring.
In deciding whether subsection 41(2) of the Act applies, the ACMA is required by subsection 41(3) to take into account: (a) the business record of the company; (b) the company's record in situations requiring trust and candour; (c) the business record of each person who is, or would be, if a licence were allocated to the applicant, in a position to control the licence; (d) the record in situations requiring trust and candour of each such person; (e) whether the company, or a person referred to in paragraph (c) or (d), has been convicted of an offence against the Act or the regulations; and (f) whether a civil penalty order has been made against the company or a person referred to in paragraph (c) or (d).
The Act does not require the ACMA to hold an investigation or a hearing into whether a commercial broadcasting service licence should be renewed (subsection 47(3)).
Overview
The Broadcasting Services Act 1992, enacted by the Australian Parliament, was introduced to regulate the broadcasting industry in Australia. This Act aims to ensure that commercial broadcasting services are managed effectively and that broadcasters adhere to the standards and obligations set forth by the legislation. The Act provides the framework for licensing and the renewal of these licences, ensuring that only suitable companies are allowed to provide broadcasting services. The Australian Communications and Media Authority (ACMA), as the regulatory body, is tasked with overseeing the renewal of these licences, ensuring that broadcasters continue to meet the necessary criteria to maintain their licences. The policy objective of the Act is to maintain the integrity and quality of broadcasting services while ensuring compliance with legislative requirements.
Scope and Application
The Australian Communications and Media Authority (ACMA) oversees the renewal of commercial broadcasting service licences under subsection 46(2) of the Broadcasting Services Act 1992. This Act applies to entities that hold or are seeking to renew commercial broadcasting licences, including television and radio broadcasters, across various states in Australia. The renewal process involves specific companies listed by ACMA, such as Mid-Western Television Pty Ltd and Geraldton Telecasters Pty Ltd, each operating in designated service areas within their respective states. The ACMA must decide if a licensee remains suitable to hold a licence, considering factors such as business and personal records, past convictions, and compliance history. The Act does not mandate an investigation or hearing for the renewal process but allows ACMA to deny renewal if there is a significant risk of regulatory breaches or offences. This legislative framework ensures that broadcasting services remain under strict compliance and accountability standards.
Key Provisions
The Australian Communications and Media Authority (ACMA) has issued a notice under subsection 46(2) of the Broadcasting Services Act 1992 (the Act) that several companies have applied for the renewal of their commercial broadcasting service licences (subsection 46(2)). These companies operate in various regions across Australia, including WA, SA, QLD, NSW, TAS, and include both TV and radio services. The ACMA is required to renew these licences unless it determines that the applicant is no longer a suitable licensee (subsection 46(3)). The suitability of a licensee is assessed based on several criteria, such as the business record of the company, its record in situations requiring trust and candour, and the records of individuals in control of the licence.
Under the Act, the ACMA has a responsibility to ensure that the renewal of these licences does not pose a significant risk of certain adverse outcomes. According to subsection 41(2) of the Act, the ACMA may find that a licensee is unsuitable if there is a significant risk of an offence against the Act or the regulations being committed, a breach of a civil penalty provision occurring, or a breach of the licence conditions occurring. In making this determination, the ACMA must consider several factors including the business record of the company, the record of individuals in control, any past convictions, and whether there have been any civil penalty orders made against the company or individuals (subsection 41(3)). It is important to note that the Act does not mandate the ACMA to conduct an investigation or hold a hearing before deciding on licence renewals (subsection 47(3)).
Failure to comply with the requirements of the Broadcasting Services Act 1992 can lead to significant consequences. Offences under the Act can result in both civil and criminal penalties. For example, breaches of licensing conditions can lead to fines, with the maximum penalty depending on the severity and frequency of the breach. Additionally, any offence against the Act or the regulations can result in criminal charges, which may include imprisonment. Civil penalty provisions may also apply, where the ACMA can issue penalty notices or seek court orders for financial penalties. These penalties serve as a deterrent against non-compliance and ensure that broadcasting services operate within the legal framework established by the Act.
In summary, the ACMA is tasked with reviewing applications for the renewal of commercial broadcasting service licences under subsection 46(2) of the Broadcasting Services Act 1992. The suitability of the licensee is assessed based on various criteria, and the ACMA must consider these when deciding whether to renew the licence. Failure to comply with the Act can result in substantial civil and criminal penalties, reinforcing the importance of adherence to the regulatory framework governing broadcasting services in Australia.