Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 3 April 2024

Overview

The Broadcasting Services Act 1992 (the Act) was enacted by the Commonwealth Parliament to establish a framework for the regulation of broadcasting services in Australia, aiming to address issues such as the need for efficient spectrum usage, ensuring diversity in broadcasting content, and maintaining high standards of broadcasting. This Act provides the legislative foundation for the Australian Communications and Media Authority (ACMA) to manage and regulate broadcasting services, including the renewal of commercial broadcasting service licences. The policy objective underpinning the Act is to facilitate the provision of broadcasting services that are of high quality and serve the public interest, while also ensuring that broadcasters comply with relevant standards and obligations. The Act requires the ACMA to renew broadcasting service licences unless it determines that the licensee is no longer suitable, which involves assessing various factors such as the business and ethical record of the company and its controllers.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice, published on 3 April 2024, applies to commercial broadcasting service licence holders who have submitted applications for renewal. These applicants include companies such as Radio 3BO Pty Limited, Bundaberg Broadcasters Pty Ltd, and others listed in the notice, operating in various regions across Australia. The notice specifies that the Australian Communications and Media Authority (ACMA) is required to renew these licences unless it determines that the applicant is no longer a suitable licensee. Suitability is assessed based on several criteria, including the applicant's business record, their record in situations requiring trust and candour, and whether they or any person controlling them have a history of breaches or convictions related to the Act or its regulations. The notice also clarifies that the ACMA does not need to hold an investigation or hearing to decide on the renewal, as outlined in subsection 47(3) of the Act.

Key Provisions

The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice (C2024G00219) outlines the process by which the Australian Communications and Media Authority (ACMA) handles applications for the renewal of commercial broadcasting service licences. According to subsection 46(2) of the Act, the ACMA must renew these licences unless it determines that the applicant is no longer a suitable licensee. Subsection 41(2) of the Act stipulates that a licensee is considered unsuitable if there is a significant risk that allowing them to provide or continue to provide a broadcasting service would result in an offence against the Act or the regulations, a breach of a civil penalty provision, or a breach of the licence conditions. In determining whether a licensee meets the suitability criteria, the ACMA must consider several factors as outlined in subsection 41(3). These include the business record of the company, the company's record in situations requiring trust and candour, the business records of individuals who would control the licence, their records in situations requiring trust and candour, any prior convictions of the company or individuals against the Act or the regulations, and whether any civil penalty orders have been made against them. It is important to note that the Act does not require the ACMA to hold an investigation or a hearing into the suitability of the licensee before deciding on licence renewal (subsection 47(3)). The obligations imposed on the companies listed in the notice primarily involve ensuring that they meet the suitability criteria set out in the Act. Each company must provide the ACMA with sufficient information and evidence to demonstrate their suitability to continue operating under a commercial broadcasting licence. This includes demonstrating a satisfactory business record, a good record in situations requiring trust and candour, and the absence of relevant convictions or civil penalty orders against them or their key personnel. Failure to meet these obligations could result in the ACMA deciding not to renew the licence. Breaching the obligations set out in the Act can lead to civil and criminal consequences. If the ACMA determines that an applicant is not a suitable licensee, the licence renewal application will be rejected, and the company will lose its right to provide broadcasting services. Additionally, if the ACMA finds that a licensee has committed an offence against the Act or the regulations, breached a civil penalty provision, or breached the conditions of the licence, the licensee could face penalties. The maximum penalties for offences under the Broadcasting Services Act 1992 can vary widely depending on the specific offence, with some carrying significant fines and even imprisonment in serious cases. The ACMA has the authority to enforce these penalties and take appropriate action against non-compliant licensees.