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 |
Regional Broadcasters Australia Pty Limited | 10333 | EMERALD RA1 | QLD |
Radio Newcastle Pty Ltd | 4126 | NEWCASTLE RA1 | NSW |
Sunshine Coast Broadcasters Pty Ltd | 10307 | NAMBOUR RA1 | QLD |
Port Macquarie Super AM 531 Pty Ltd | 4121 | KEMPSEY RA1 | NSW |
New England Broadcasters Pty Ltd | 10316 | ARMIDALE RA1 | NSW |
Northern Broadcasters Pty Ltd | 10322 | INVERELL RA1 | NSW |
Townsville Broadcasters Pty. Limited | 4185 | TOWNSVILLE RA1 | QLD |
Belcap Investments Pty Ltd | 10041 | ALBANY RA1 | WA |
ACE Radio Broadcasters Pty Ltd | 10308 | HORSHAM RA1 | VIC |
Wollongong Broadcasters Pty Ltd | 4137 | WOLLONGONG RA1 | NSW |
Belcap Investments Pty Ltd | 10401 | ALBANY RA1 | WA |
Radio 6AM Pty Ltd | 10385 | NORTHAM RA1 | WA |
Ballarat Sports Radio Pty Ltd | 10365 | BALLARAT RA1 | VIC |
ACE Radio Broadcasters Pty Ltd | 10387 | ALBURY RA1 | NSW |
Great Northern Broadcasters Pty Ltd | 10370 | GERALDTON RA1 | WA |
East Coast Radio Pty Ltd | 4107 | BEGA RA1 | NSW |
Geraldton FM Pty Ltd | 10371 | GERALDTON RA1 | WA |
| | | |
Commercial Television Licensees | SL No | Service Area | State |
NBN Ltd | 94 | SPENCER GULF TV1 | SA |
WIN Television Griffith Pty Ltd | 1130146 | GRIFFITH AND MIA TV1 | NSW |
Australian Capital Television Pty Ltd | 85 | MOUNT GAMBIER/SOUTH EAST TV1 | SA |
WIN Television Griffith Pty Ltd | 10104 | RIVERLAND TV1 | SA |
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 Australian Parliament to regulate broadcasting services across Australia, providing a framework for the licensing and operation of radio and television services. The Act addresses the need for a structured approach to managing broadcasting to ensure that services are provided responsibly and comply with national standards. One of the key objectives of the Act, as stated, is to ensure that broadcasters operate in a manner that maintains public trust and confidence, particularly by assessing the suitability of licensees before renewing their licences. Under section 46(2) of the Act, the Australian Communications and Media Authority (ACMA) is responsible for managing the renewal of broadcasting service licences. The ACMA reviews applications for renewal and determines whether the applicant remains a suitable licensee based on various factors, including the applicant's business record and personal records of trust and candour, as outlined in section 41(3) of the Act.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that provide commercial broadcasting services, specifically radio and television services, within Australia. This Act is primarily concerned with the regulation of commercial broadcasters, including their licensing and operational standards. It applies to companies and individuals operating commercial radio and television services across various service areas as specified in the notice for licence renewal. The geographic scope of the Act is national, covering all states and territories of Australia. Notably, the Act does not apply to non-commercial broadcasting services, such as community or public broadcasting services. The renewal of licences is governed by section 46(2) of the Act, and the Australian Communications and Media Authority (ACMA) is responsible for determining the suitability of the applicants based on criteria such as their business record, trustworthiness, and any past convictions under the Act. The Act also allows for the extension or restriction of its application through subordinate instruments, enabling the ACMA to adapt to changing circumstances and regulatory needs.
Key Provisions
The Broadcasting Services Act 1992 (the Act) includes provisions for the renewal of broadcasting service licences. Section 46(2) requires the Australian Communications and Media Authority (ACMA) to notify the public of applications for licence renewal. The ACMA must renew these licences unless it determines that the applicant is no longer a suitable licensee under sub-section 41(2). To make this determination, the ACMA must consider several factors, including the business and personal records of the company, its chief executive, directors, and secretaries, and any prior convictions under the Act or regulations. The ACMA is required to weigh these factors to decide whether allowing the company to continue providing a commercial broadcasting service poses a significant risk of legal violations or breaches of licence conditions.
The obligations imposed on the parties governed by the Act include the responsibility of the ACMA to renew broadcasting service licences unless it finds the applicant unsuitable under the criteria set out in section 41(2). The ACMA must consider various records and past conduct of the company and its key personnel to make an informed decision. Companies applying for licence renewal must ensure they meet the suitability criteria and provide any necessary information to the ACMA to support their application. This includes demonstrating a clean business record and personal integrity of the company's leadership, as these factors are critical in determining their eligibility for licence renewal.
Breach of the Act's provisions can lead to significant consequences. If the ACMA finds that a company is no longer suitable to hold a broadcasting service licence, it can refuse to renew the licence, thereby preventing the company from continuing its broadcasting services. This refusal can result in the cessation of the company's operations in the broadcasting sector, which can have substantial financial and operational impacts. Additionally, any company found to have committed offences against the Act or regulations, or breached the conditions of their licence, may face further legal consequences, including fines and other penalties as stipulated by the Act. The seriousness of the breach will determine the extent of these penalties.