AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 22 November 2022
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 |
Northern Broadcasters Pty Ltd | 4127 | INVERELL RA1 | NSW |
New England Broadcasters Pty Ltd | 4105 | ARMIDALE RA1 | NSW |
Manning Valley Max The Heat FM Pty Ltd | 4131 | TAREE RA1 | NSW |
Tamworth Radio Development Co Pty Ltd | 4134 | TAMWORTH RA1 | NSW |
Tablelands Broadcasting Pty Ltd | 1150016 | ATHERTON RA1 | QLD |
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 was enacted by the Australian Parliament to provide a regulatory framework for the provision of broadcasting services in Australia, including radio and television broadcasting, and to address gaps in the regulation of broadcasting services. The Act established the Australian Communications and Media Authority (ACMA) as the regulatory body responsible for the licensing and regulation of broadcasting services. The policy objective of the Act is to ensure that broadcasting services are provided in a manner that is consistent with the public interest, including by promoting diversity and plurality in the media. The ACMA is required to renew broadcasting service licences unless it decides that an applicant is no longer a suitable licensee, based on factors such as the business and personal records of the applicant and any relevant convictions or penalties.
The ACMA has issued a notice under subsection 46(2) of the Broadcasting Services Act 1992, indicating that several commercial broadcasting service licence applications for renewal have been lodged. The ACMA is required to consider whether each applicant is a suitable licensee, based on factors such as the applicant's business and personal records and any relevant convictions or penalties. The policy objective of the Act is to ensure that broadcasting services are provided in a manner that is consistent with the public interest, including by promoting diversity and plurality in the media.
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), applies to commercial broadcasting service licence holders listed in the notice. These companies have applied for the renewal of their broadcasting licences, and the ACMA is mandated to renew these unless it determines that the applicant is no longer a suitable licensee. The suitability of a licensee is determined based on several factors including the company’s business and conduct record, the background of individuals controlling the company, and any previous convictions or penalties imposed under the Act or its regulations. The geographic scope of this Act is national, as it applies to broadcasting service providers across different regions in Australia, such as Inverell and Armidale in New South Wales, and Tamworth and Atherton in Queensland. Importantly, the Act does not mandate an investigation or hearing into the renewal of these licences, though it provides the ACMA with the discretion to assess the suitability of the applicants based on the specified criteria.
Key Provisions
The main operative sections of the Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice (C2022G01157) concern the renewal process for commercial broadcasting service licences, specifically under subsection 46(2) of the Broadcasting Services Act 1992 (the Act). The notice informs the public that certain companies have applied for the renewal of their commercial broadcasting licences. The Australian Communications and Media Authority (ACMA) must renew these licences unless it determines that the applicant is no longer a suitable licensee (subsection 41(2)). This suitability is assessed based on several criteria, including the business and personal records of the company and any relevant individuals, and whether there are any prior convictions or civil penalty orders against them (subsection 41(3)).
The obligations and requirements imposed by the Act on the parties and entities it governs revolve around the suitability criteria for licence renewal. The ACMA must consider the business record and history in situations requiring trust and candour of the company and any controlling individuals when deciding whether to renew a licence. This includes assessing any prior convictions or civil penalty orders against the company or individuals involved. The ACMA is not mandated to hold an investigation or a hearing into the renewal of a commercial broadcasting service licence unless it deems the applicant unsuitable based on the outlined criteria (subsection 47(3)).
In terms of offences, penalties, or consequences for breach, the Act does not specify particular criminal or civil penalties for the failure to renew a licence if the ACMA deems the applicant unsuitable. However, the consequences for a company deemed unsuitable include the denial of licence renewal, which effectively means the cessation of their commercial broadcasting services. This denial is a significant regulatory outcome and can have substantial implications for the company's operations and reputation. The notice ensures transparency and public awareness of the applications and the ACMA's considerations in the renewal process.