Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 11 October 2024

Overview

The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate the broadcasting services in the country. The Act provides a framework for the licensing and regulation of broadcasting services, including commercial radio and television, and aims to ensure that broadcasters operate in a manner that is consistent with the public interest. This includes the requirement for broadcasters to comply with specific standards and conditions. The Act was introduced to address the need for a comprehensive regulatory framework to govern broadcasting services, ensuring they operate efficiently and responsibly. The Australian Communications and Media Authority (ACMA), established under the Act, is responsible for administering and enforcing the provisions of the Act. The policy objective of the Act is to balance the need for freedom of expression with the need to prevent harmful or inappropriate content from being broadcast.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice, issued by the Australian Communications and Media Authority (ACMA) on 11 October 2024, pertains to commercial broadcasting service licence renewals for specific companies. These companies include Regional Communications Pty Ltd, Mid-Districts Radio Pty Ltd, Regional Broadcasters Australia Pty Limited, Central Coast Radio Pty Ltd, Star Broadcasting Network Pty Ltd, and Esperance Broadcasters Pty Ltd. Each of these entities has applied for the renewal of their respective broadcasting service licences, as mandated by the Broadcasting Services Act 1992. The ACMA must renew these licences unless it determines that the applicants are no longer suitable licensees under the provisions of the Act. The suitability of a licensee is assessed based on various criteria, including the company’s business and ethical record, the records of individuals who control the company, and any previous convictions or penalties against the company or its controllers. The geographic scope of the Act extends to the specific service areas of these companies across various states in Australia, including Victoria, Western Australia, New South Wales, and Queensland. The notice clarifies that the ACMA is not required to hold an investigation or hearing to determine the renewal of a licence, as stipulated by subsection 47(3) of the Act.

Key Provisions

Under subsection 46(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) has issued a notice regarding the renewal applications for commercial broadcasting service licences submitted by several companies. These companies, including Regional Communications Pty Ltd, Mid-Districts Radio Pty Ltd, Regional Broadcasters Australia Pty Limited, Central Coast Radio Pty Ltd, Star Broadcasting Network Pty Ltd, and Esperance Broadcasters Pty Ltd, have applied for the renewal of their respective licences, which cover areas such as Warrnambool, Merredin, Carnarvon, Gosford, Ipswich, and Esperance (subsection 46(2)). The ACMA is mandated to renew these licences unless it determines that the applicant is no longer suitable to hold a licence. The suitability of a licensee is determined based on whether subsection 41(2) of the Act applies to the company. A company is considered unsuitable if the ACMA is convinced that allowing them to provide or continue to provide a commercial broadcasting service would pose a significant risk of certain adverse outcomes. These include the commission of an offence against the Act or the regulations, a breach of a civil penalty provision, or a breach of the licence conditions (subsection 41(2)). In making this decision, the ACMA must consider several factors, including the company's business record, its history in situations requiring trust and candour, the records of individuals who control the licence, any convictions related to offences under the Act or the regulations, and whether civil penalty orders have been made against the company or controlling individuals (subsection 41(3)). The obligations imposed on the companies applying for licence renewal include providing the ACMA with all necessary information and documentation to assess their suitability. The companies must also comply with any conditions set forth in their current licences, as well as any additional requirements imposed by the ACMA during the renewal process. The ACMA has the discretion to seek further information or clarification from the applicants to ensure that they meet the suitability criteria under the Act. In terms of consequences for non-compliance, while the Act does not explicitly detail specific civil or criminal penalties for failing to meet the renewal criteria, the ACMA may take various actions if a company is found to be unsuitable. These actions could include the refusal to renew the licence, which would effectively prevent the company from continuing to operate its broadcasting service. Additionally, if the company has committed an offence against the Act or the regulations, it may face prosecution under the relevant sections of the Act, which could result in fines or imprisonment. The severity of these penalties would depend on the nature and extent of the offence.