AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
NOTICE OF APPLICATION FOR RENEWAL OF LICENCE UNDER SECTION
46(2) OF THE BROADCASTING SERVICES ACT 1992
In accordance with sub-section 46(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) hereby notifies that the companies listed below have lodged applications for the renewal of the following broadcasting service licences:
Commercial Radio Licensees | SL No | Service Area | State |
Radio Murray Bridge Pty Ltd | 4194 | MURRAY BRIDGE RA1 | SA |
ARN Broadcasting Pty Ltd | 4143 | MELBOURNE RA1 | VIC |
Malbend Pty Ltd | 4144 | MELBOURNE RA1 | VIC |
Daily Mail (UK Radio 1) Pty Ltd | 1150481 | SYDNEY RA1 | NSW |
Daily Mail (UK Radio 2) Pty Ltd | 1150703 | BRISBANE RA1 | QLD |
Broadcasting Station 4IP Pty Ltd | 4164 | BRISBANE RA1 | QLD |
West Digital Television No.2 Pty Ltd | 1130046 | GERALDTON TV1 | WA |
West Digital Television No.3 Pty Ltd | 1130048 | KALGOORLIE TV1 | WA |
West Digital Television Pty Ltd | 1130049 | SOUTH WEST AND GREAT SOUTHERN TV1 | WA |
West Digital Television No.4 Pty Ltd | 1130047 | WESTERN ZONE TV1 | WA |
Territory Television Pty Ltd | 10172 | DARWIN TV1 | NT |
Regional Television Pty Limited | 4285 | REMOTE CENTRAL & EASTERN AUSTRALIA TV2 | QLD |
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 does not decide that sub-section 41(2) of the Act applies to the company.
The ACMA may decide that 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: (a) an offence against the Act or the regulations being committed; (b) or a breach of the conditions of the licence occurring.
In deciding whether the sub-section applies, the ACMA is required by sub-section 41(3) of the Act, to take into account: (a) the business record of the company; and (b) the company's record in situations requiring trust and candour; and (c) the business record of the chief executive and each director and secretary of the applicant; and (d) the record in situations requiring trust and candour of each such person; and (e) whether the company, or a person referred to in paragraph (c) or (d), has been convicted of an offence against this Act or the regulations.
The Act does not require the ACMA to hold an investigation or a hearing into whether a commercial licence (sub-section 47(3)) should be renewed.
Overview
The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate the broadcasting services in the country and to fill the gap in the previous broadcasting laws. The Act provides a framework for the licensing, operation, and regulation of commercial radio and television services. It was introduced to ensure that broadcasting services are provided in a manner that is consistent with the public interest and to protect the interests of the public and the industry. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act and ensuring compliance with its provisions. The policy objective of the Act is to promote diversity and plurality in the media and to protect the public from harmful or offensive content.
Scope and Application
The Broadcasting Services Act 1992 (the Act) applies to entities seeking to provide or continue providing commercial broadcasting services within Australia. This encompasses a broad range of entities, including the companies listed in the notice for licence renewal, such as Radio Murray Bridge Pty Ltd, ARN Broadcasting Pty Ltd, and others operating in various metropolitan and regional areas across different states and territories. The geographic reach of the Act is national, covering all states and territories in Australia, as evidenced by the diverse locations mentioned in the notice. However, the Act does not mandate an investigation or hearing process for the renewal of commercial broadcasting licences unless the ACMA decides that sub-section 41(2) of the Act applies to a particular licensee, which would necessitate a review of their suitability based on their business record, trustworthiness, and past convictions. The Act allows for the extension or restriction of its application through subordinate instruments, ensuring it can adapt to changes in the broadcasting landscape.
Key Provisions
The Broadcasting Services Act 1992 (the Act) governs the operation and regulation of broadcasting services in Australia. Under Section 46(2) of the Act, the Australian Communications and Media Authority (ACMA) is mandated to notify the public when applications for the renewal of broadcasting service licences have been lodged. This includes both radio and television broadcasting services. ACMA is required to process these renewals unless it finds that the applicant is no longer a suitable licensee under Section 41(2) of the Act.
The obligations and requirements imposed by the Act on the parties governed by it are primarily concerned with ensuring that broadcasters maintain a certain standard of operation and compliance. For a broadcasting licence to be renewed, ACMA must be satisfied that the applicant is a suitable licensee. This suitability hinges on the applicant's business record, their record in situations requiring trust and candour, and the records of the chief executive, directors, and secretaries of the applicant. Specifically, the ACMA must consider whether the applicant has a history of compliance with the Act, any relevant criminal convictions, and their overall conduct in professional settings. If the ACMA determines that the applicant poses a significant risk of breaching the Act, committing an offence, or failing to meet the conditions of the licence, it may refuse to renew the licence.
In terms of consequences for breaches of the Act, the legislation does not explicitly outline civil or criminal penalties for non-compliance with the licence renewal process. However, the underlying provisions of the Act and associated regulations contain numerous offences that could lead to penalties if breached. For instance, if a broadcaster violates the conditions of their licence, they could face fines or other sanctions as stipulated in the relevant provisions of the Act and its regulations. Additionally, serious breaches, such as those involving illegal content or significant non-compliance, could lead to further scrutiny and potential revocation of the licence, which in turn could result in the cessation of broadcasting services.