Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 1 September 2022

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, addresses the regulation of commercial broadcasting services in the country. The legislation provides a framework for the licensing of broadcasters and the oversight of their activities to ensure compliance with legislative and regulatory standards. The Act aims to maintain the integrity of the broadcasting industry, protect public interest, and prevent the misuse of broadcasting services. One significant aspect of the Act is the requirement for the Australian Communications and Media Authority (ACMA) to review and decide on the renewal of commercial broadcasting service licences. The policy objective is to ensure that only suitable licensees are permitted to continue providing broadcasting services, thereby upholding the standards and ethical requirements set by the Act. The ACMA is mandated to renew broadcasting service licences unless it determines that the applicant is no longer suitable, based on various factors including the business and personal records of the applicant and their associates. This process ensures that broadcasters maintain high standards of conduct and compliance, thereby safeguarding the interests of the public and the integrity of the broadcasting sector.

Scope and Application

The Broadcasting Services Act 1992, as notified through the Gazette, pertains specifically to the renewal of commercial broadcasting service licences by the Australian Communications and Media Authority (ACMA). This legislation applies to companies that have submitted applications for the renewal of their commercial broadcasting service licences, as listed in the Gazette. These companies, such as Alice Springs Commercial Broadcasters Pty Ltd, Dubbo FM Radio Pty Ltd, Goulburn and Border Broadcasters Pty Ltd, and Radio Ballarat Pty Ltd, are required to meet certain criteria to remain suitable licensees. A company is deemed suitable unless the ACMA determines that subsection 41(2) of the Act applies, which would necessitate a significant risk of legal or regulatory breaches occurring. The ACMA evaluates suitability based on the business and personal records of the company and its controlling individuals, taking into account past convictions and penalties. Notably, the Act does not mandate an investigation or hearing for licence renewal decisions, streamlining the process for the ACMA.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice pursuant to subsection 46(2) of the Broadcasting Services Act 1992 (the Act), informing that several companies have applied for the renewal of their commercial broadcasting service licences. Specifically, Alice Springs Commercial Broadcasters Pty Ltd, Dubbo FM Radio Pty Ltd, Goulburn and Border Broadcasters Pty Ltd, and Radio Ballarat Pty Ltd have each submitted applications for licence renewal within designated service areas across various states. The ACMA is obligated to renew these licences unless it determines that the applicant is no longer a suitable licensee under subsection 41(2) of the Act. A licensee is deemed unsuitable if there is a significant risk that the licensee will commit an offence against the Act or regulations, breach a civil penalty provision, or contravene the licence conditions. Under subsection 41(3) of the Act, the ACMA must consider several factors when determining the suitability of a licensee, including the business record and trustworthiness of the company and any individuals in a position of control. This assessment involves evaluating the applicant's past conduct, any previous convictions, and whether any civil penalty orders have been issued. The ACMA is mandated to take these elements into account to ensure that only reliable entities continue to operate commercial broadcasting services. It is important to note that the Act does not require the ACMA to conduct an investigation or a hearing to decide on licence renewals, as stipulated in subsection 47(3). Breaching the provisions of the Broadcasting Services Act 1992 can lead to significant consequences. Offences under the Act may result in both civil and criminal penalties. For instance, an offence against the Act or the regulations could lead to fines and, in some cases, imprisonment. The specific penalties vary depending on the nature and severity of the offence. Additionally, breaching a civil penalty provision may result in substantial financial penalties, which are designed to deter non-compliance. Any failure to adhere to the licence conditions could lead to the suspension or revocation of the broadcasting licence, effectively terminating the company's ability to operate within the designated service area.