Broadcasting Services (Applications for Renewal of Licence under subsection 46(2) of the Broadcasting Services Act 1992) Notice – 8 December 2023

Overview

The Broadcasting Services Act 1992 was enacted by the Australian Parliament to regulate the broadcasting industry in Australia, ensuring compliance with standards and obligations for broadcasters. The Act establishes a framework for the licensing of broadcasting services, including the conditions under which these licences may be granted, modified, or revoked. This legislative instrument, through subsection 46(2), facilitates the renewal of broadcasting service licences by commercial entities, allowing the Australian Communications and Media Authority (ACMA) to process these applications efficiently. The primary objective of this subsection is to ensure that only suitable licensees continue to operate, thereby maintaining the integrity and quality of broadcasting services in Australia. The ACMA is tasked with assessing applications for renewal to ensure that broadcasters remain compliant with relevant laws and regulations, thereby protecting the public interest and upholding the standards set forth by the Act.

Scope and Application

The Broadcasting Services Act 1992 governs the issuance and renewal of broadcasting service licences within Australia, with a particular focus on ensuring that licensees maintain high standards of conduct and compliance with legislative requirements. The Act applies to entities that hold or seek to hold commercial broadcasting service licences, as evidenced by the applications for licence renewal listed in the notice issued by the Australian Communications and Media Authority (ACMA). These applications cover various service areas across different states and territories, indicating a broad jurisdictional reach that encompasses the entire nation. The Act mandates that the ACMA consider whether a licensee is still suitable to hold a licence, focusing on aspects such as the entity's business record, its history in situations requiring trust and candour, and any prior convictions or penalties. Notably, the Act does not mandate investigations or hearings for licence renewals, although it allows the ACMA to deny renewal if there is a significant risk of legislative breaches or other specified concerns. The Act's application can also be extended or refined through subordinate instruments, ensuring flexibility and responsiveness to changing circumstances in the broadcasting industry.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice regarding the applications for renewal of commercial broadcasting service licences under subsection 46(2) of the Broadcasting Services Act 1992 (the Act). According to the notice, several companies have submitted applications for the renewal of their broadcasting licences. These companies include Nova 91.9 Pty Ltd, Promo-Radio Pty Ltd, Aust Wide, Alice Springs Commercial Broadcasters Pty Ltd, Great Southern Land Broadcasters Pty Ltd, Double T Radio Pty Ltd, Newcastle FM Pty Ltd, and West Digital Television Pty Ltd, among others (subsection 46(2)). The Act imposes on the ACMA the responsibility to renew these licences unless it determines that an applicant is no longer a suitable licensee. To be deemed suitable, the ACMA must not have decided that subsection 41(2) of the Act applies to the company. The ACMA may determine that subsection 41(2) applies 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 certain issues occurring, such as an offence against the Act or the regulations, a breach of a civil penalty provision, or a breach of the conditions of the licence (subsection 41(2)). In making this determination, the ACMA must consider various factors, including the business record of the company, the company's record in situations requiring trust and candour, the business and relevant records of individuals who control the licence, and any convictions or civil penalty orders against the company or relevant individuals (subsection 41(3)). 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)). Failure to comply with the provisions of the Act or its regulations may result in civil or criminal penalties, depending on the nature and severity of the breach.