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

Overview

The Broadcasting Services Act 1992 (the Act) was enacted to regulate the provision of broadcasting services in Australia, ensuring they are provided efficiently and effectively while also protecting the public interest. The Australian Communications and Media Authority (ACMA) is the primary body responsible for administering this Act, including overseeing the renewal of commercial broadcasting service licences. The primary policy objective of the Act is to facilitate the provision of diverse and high-quality broadcasting services while ensuring compliance with legislative and regulatory requirements. The recent Gazetted Notice from the ACMA highlights the process for the renewal of commercial broadcasting service licences, which is critical to maintaining the integrity and reliability of broadcasting services in the country.

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), pertains to applications lodged by commercial broadcasting companies for the renewal of their broadcasting service licences. The Act applies to commercial broadcasting companies that have submitted renewal applications, which includes entities such as Radio 2GZ Pty Ltd, Radio 3CV Pty Ltd, and Maryborough Broadcasting Company Pty Ltd, each operating within specified service areas across NSW, VIC, and QLD. The geographic scope of the Act extends to these specific service areas within the respective states and territories. The renewal process is automatic unless the ACMA determines that the licensee is unsuitable based on subsection 41(2) of the Act, which involves assessing the company's business and personal records, as well as any prior convictions or penalties. Notably, the Act does not mandate an investigation or hearing for licence renewal decisions as per subsection 47(3).

Key Provisions

The Australian Communications and Media Authority (ACMA) has outlined in the Gazette that several companies have submitted applications for the renewal of their commercial broadcasting service licences under subsection 46(2) of the Broadcasting Services Act 1992 (the Act). Specifically, Radio 2GZ Pty Ltd for the ORANGE RA1 area in NSW, Radio 3CV Pty Ltd for the BENDIGO RA1 area in VIC, and Maryborough Broadcasting Company Pty Ltd for the MARYBOROUGH (QLD) RA1 area in QLD have all applied for their licences to be renewed. The ACMA is mandated to renew these licences unless it determines that the applicants are no longer fit to hold them. A company is deemed suitable if the ACMA concludes that subsection 41(2) of the Act does not apply to them, which is a provision that could render them unsuitable if they pose a significant risk of committing an offence against the Act, breaching civil penalty provisions, or contravening the conditions of their licence. The ACMA’s decision on whether to apply subsection 41(2) of the Act hinges on several key considerations. These include the business record of the company, the company's history in situations that demand trust and candour, the business records and similar trustworthiness records of individuals who control or would control the licence, and any prior convictions or civil penalty orders against the company or such individuals. The Act does not mandate the ACMA to conduct an investigation or hearing to decide on licence renewal, as stated in subsection 47(3). In terms of obligations, the companies applying for licence renewal must ensure they meet the criteria set out under subsection 41(2). They must provide any necessary information that the ACMA deems relevant to assess their suitability, including their business and personal records, and any history of legal issues or breaches of the Act or its regulations. The ACMA's assessment is pivotal in determining whether the companies can continue to provide their broadcasting services without posing significant risks as outlined in the Act. Breaches of the Act can lead to severe consequences. If the ACMA finds that subsection 41(2) applies, it may refuse to renew the licence, effectively barring the company from continuing its broadcasting services. Additionally, any offence against the Act or its regulations, breaches of civil penalty provisions, or violations of licence conditions could result in criminal and civil penalties. Although the specific penalties are not detailed in the Gazette, they could range from fines to imprisonment, depending on the severity and nature of the breach.