Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 20 June 2023

Overview

The Broadcasting Services Act 1992 (the Act) was enacted to regulate broadcasting services in Australia, addressing issues related to the quality, diversity, and integrity of broadcasting. The Australian Communications and Media Authority (ACMA) is responsible for the administration of the Act, which includes the assessment and renewal of commercial broadcasting service licences. The Act aims to ensure that broadcasting services are managed in a manner that is consistent with the public interest, including maintaining high standards of content and accountability among broadcasters. As part of this ongoing process, the ACMA reviews licence renewal applications to determine whether the applicant remains a suitable licensee, considering factors such as the applicant's business and compliance history. In the context of licence renewals, the ACMA may decline to renew a licence if it believes that allowing the applicant to continue operating a broadcasting service would pose a significant risk to compliance with the Act or its regulations. This decision-making process is guided by the provisions of subsection 41(2) of the Act, which allows the ACMA to consider the applicant's business record, trustworthiness, and any prior convictions or penalties. The ACMA's role in assessing the suitability of licensees is crucial in upholding the standards and objectives set forth in the Act, ensuring that Australian broadcasting services remain reliable and accountable.

Scope and Application

The Australian Communications and Media Authority Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 20 June 2023, pertains specifically to the renewal of commercial broadcasting service licences. This notice applies to entities such as Barricades Media Pty Ltd, which have lodged applications for the renewal of their broadcasting licences under the Broadcasting Services Act 1992. The Act applies to these commercial entities within the specified service areas and states, such as Albany in Western Australia. The ACMA is mandated to renew the licences unless it determines that the applicant is no longer a suitable licensee, a decision based on whether the entity has a history of compliance with the Act, demonstrated trustworthiness, and a clean record with no relevant convictions or civil penalty orders. The scope of the Act is limited to ensuring that only entities that do not pose a significant risk of breaching the Act, its regulations, or licence conditions are granted licence renewals. The Act's jurisdictional reach is national, covering all commercial broadcasters within Australia, and it does not mandate an investigation or hearing for renewal decisions as per subsection 47(3).

Key Provisions

The Australian Communications and Media Authority (ACMA) is responsible for the administration and oversight of broadcasting services in Australia, including the renewal of commercial broadcasting service licences under subsection 46(2) of the Broadcasting Services Act 1992 (the Act). The ACMA has recently notified that certain companies have submitted applications for the renewal of their commercial broadcasting service licences (subsection 46(2)). For instance, BARRICADES MEDIA PTY LTD has applied for the renewal of its licence for the Albany S40 service area in Western Australia. Under the Act, the ACMA must renew the licence unless it decides that the applicant is no longer a suitable licensee (subsection 41(2)). A company is considered suitable if it is not subject to the provisions of subsection 41(2) of the Act. The ACMA may decide that subsection 41(2) applies if it is convinced that permitting the company to provide or continue providing a commercial broadcasting service would pose 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. When determining whether subsection 41(2) applies, the ACMA must consider several factors, including the business record of the company, the company’s record in situations requiring trust and candour, the business record of any person who would control the licence, the record of such persons in situations requiring trust and candour, any convictions of the company or such persons against the Act or the regulations, and whether a civil penalty order has been made against the company or such persons (subsection 41(3)). The ACMA is not mandated to conduct an investigation or a hearing to decide on the renewal of a licence (subsection 47(3)). The Act sets out various obligations for the parties involved. The ACMA must review the application and determine whether the company meets the suitability criteria. Companies applying for licence renewal must provide any necessary information and documentation to the ACMA to facilitate this review. Furthermore, the Act imposes penalties and consequences for non-compliance. For example, if a company breaches a condition of its licence, it may face civil penalties, such as fines. The Act does not specify the maximum penalties for these breaches, but the severity of the penalty often depends on the nature and extent of the breach. Additionally, repeated or severe breaches may lead to the revocation of the licence, preventing the company from continuing its broadcasting services.