AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 29 May 2024
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 |
Ace Radio Broadcasters Pty Ltd | 4144 | MELBOURNE RA1 | VIC |
Tattsbet Limited | 4180 | MARYBOROUGH (QLD) RA1 | QLD |
Super BH 567 Broken Hill Pty Ltd | 10244 | BROKEN HILL RA1 | NSW |
ACE Radio Broadcasters Pty Ltd | 4159 | HORSHAM RA1 | VIC |
South Eastern Broadcasters Pty Ltd | 4197 | MT GAMBIER RA1 | SA |
Rich Rivers Radio Pty Ltd | 10407 | DENILIQUIN RA1 | VIC |
ACE Radio Broadcasters Pty Ltd | 4149 | COLAC RA1 | VIC |
Rebel FM Stereo Pty Ltd | 10216 | REMOTE COMMERCIAL RADIO SERVICE NORTH EAST ZONE RA1 | QLD |
North West Radio Pty Ltd | 10018 | REMOTE COMMERCIAL RADIO SERVICE WESTERN ZONE RA1 | WA |
W & L Phillips Pty Ltd | 10147 | REMOTE COMMERCIAL RADIO SERVICE CENTRAL ZONE RA1 | NT |
Perth FM Radio Pty Ltd | 4199 | PERTH RA1 | WA |
Resonate Regional Radio Pty Limited | 10224 | MT ISA RA1 | QLD |
Resonate Broadcasting Pty Ltd | 4172 | CHARTERS TOWERS RA1 | QLD |
North East Broadcasters Pty Ltd | 10398 | WANGARATTA RA1 | VIC |
Eyre Peninsula Broadcasters Pty Ltd | 10352 | PORT LINCOLN RA1 | SA |
Southern Cross Television (Tnt9) Pty. Limited | 133 | TASMANIA TV1 | TAS |
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 Commonwealth Parliament, was introduced to regulate the broadcasting services provided within Australia, ensuring that they comply with national standards and public interest considerations. This Act plays a crucial role in managing the licensing of broadcasting services, including commercial and community broadcasting, and aims to maintain high standards of broadcasting content, protect the interests of the public, and ensure that broadcasters operate responsibly and ethically. The Australian Communications and Media Authority (ACMA), established under this Act, is tasked with enforcing compliance and overseeing the renewal of broadcasting service licences. The policy objective of the Act is to provide a regulatory framework that supports the diversity and quality of broadcasting services while safeguarding the interests of the community and consumers.
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 29 May 2024, applies to the companies listed that have lodged applications for the renewal of their commercial broadcasting service licences. These companies are required to comply with the provisions of the Broadcasting Services Act 1992, which governs the operations of commercial broadcasting services in Australia. The Act applies to entities that provide commercial broadcasting services across various states and territories, as indicated by the diverse list of companies and their respective service areas. The ACMA’s role is to determine the suitability of these entities to continue operating under the Act, which involves assessing their business and compliance records, as well as the records of individuals who control the companies. The geographic reach of the Act is national, as it applies to broadcasting services operating in different states and territories of Australia. The Act does not require the ACMA to conduct investigations or hearings for the renewal of these licences, but it does mandate that the ACMA consider certain criteria when deciding whether a company remains a suitable licensee.
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 (C2024G00305) detail the process for the renewal of commercial broadcasting service licences. Under subsection 46(2) of the Act, the Australian Communications and Media Authority (ACMA) must renew the licences unless it determines that the applicant is no longer a suitable licensee. This determination can be made if the ACMA believes that allowing the licensee to continue providing a service would lead to a significant risk of committing an offence, breaching a civil penalty provision, or breaching licence conditions. The ACMA’s decision must consider the business record of the company, its record in situations requiring trust and candour, and the records of individuals who control the licence. Additionally, any past convictions or civil penalty orders against the company or controlling individuals must be taken into account.
The obligations and requirements imposed by the Act on the parties involved primarily centre around the suitability of the applicants for licence renewal. ACMA is tasked with assessing whether the applicants meet the criteria for continued suitability as outlined in subsection 41(2) of the Act. This involves a thorough review of the company’s business history, its integrity in past dealings, and the records of individuals with control over the licence. ACMA is also required to consider any past legal issues, such as convictions or civil penalty orders, that might affect the company’s eligibility for renewal. Importantly, subsection 47(3) of the Act clarifies that ACMA is not mandated to conduct an investigation or hold a hearing into the renewal applications, streamlining the process for licence renewals.
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches related to licence renewals. However, the potential for ACMA to deny a licence renewal based on suitability criteria implies that failure to meet these standards could result in the cessation of broadcasting services. Such a decision would likely have significant repercussions for the affected companies, including loss of revenue and reputational damage. Although the notice does not detail maximum penalties, it underscores the importance of compliance with the suitability criteria to avoid adverse outcomes.