AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 6 March 2023
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 |
Radio 3AW Melbourne Pty Ltd | 4140 | MELBOURNE RA1 | VIC |
WIN Television WA Pty Ltd | 10048 | REMOTE AND REGIONAL WA TV1 | WA |
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 Commonwealth Parliament to regulate the broadcasting industry in Australia. This legislation was introduced to address the need for a comprehensive regulatory framework governing the provision of broadcasting services, ensuring compliance with standards and the public interest. The Act provides the Australian Communications and Media Authority (ACMA) with the authority to issue, renew, or refuse broadcasting service licenses. One of its key policy objectives is to maintain high standards of broadcasting, ensuring that licensees adhere to ethical and legal standards. The 2023 Notice by the ACMA regarding the applications for the renewal of commercial broadcasting service licences under the Act demonstrates the ongoing commitment to this policy objective, as the ACMA assesses the suitability of licensees to continue operating in the sector.
Scope and Application
The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice published by the Australian Communications and Media Authority (ACMA) on 6 March 2023, pertains specifically to commercial broadcasting service licensees seeking to renew their licences. This notice applies to entities that have lodged applications for licence renewal, such as Radio 3AW Melbourne Pty Ltd and WIN Television WA Pty Ltd, as listed in the notice. The Act operates within the Commonwealth jurisdiction and mandates that the ACMA considers the renewal of these broadcasting service licences, unless it determines that the applicant is no longer a suitable licensee under subsection 41(2) of the Act. This determination hinges on the ACMA's assessment of potential risks of legal violations or breaches by the licensee. The Act does not mandate investigations or hearings for the renewal process, streamlining the procedure under subsection 47(3).
Key Provisions
Under the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) is responsible for the renewal of commercial broadcasting service licences. Specifically, section 46(2) of the Act requires the ACMA to renew these licences unless it determines that an applicant is no longer a suitable licensee. A licensee is deemed suitable if the ACMA does not find that subsection 41(2) of the Act applies. This subsection can apply if the ACMA is satisfied that allowing the licensee to continue providing a service would lead to a significant risk of an offence against the Act or the regulations, a breach of a civil penalty provision, or a breach of licence conditions. To make this decision, the ACMA must consider the business and personal records of the applicant and any relevant convictions or penalties under section 41(3).
The obligations imposed on the ACMA by the Act include reviewing the applications for licence renewal and determining the suitability of the applicants. This process involves assessing the business and personal histories of the applicants and their associates, including any past convictions or civil penalties. The ACMA is required to make its determination without the necessity of conducting an investigation or holding a hearing, as outlined in section 47(3) of the Act.
If the ACMA finds that subsection 41(2) of the Act applies, it has the authority to refuse to renew the licence. This decision can lead to significant consequences for the applicant, including the cessation of their broadcasting service. Failure to comply with the conditions of the licence or the provisions of the Act can also lead to penalties. The Act provides for various civil and criminal penalties for breaches, which can include fines and imprisonment, although the specific penalties are not detailed in the notice. It is crucial for broadcasters to maintain a good standing with the ACMA to avoid any adverse outcomes related to their licence renewal.